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

Vol. 141 WASHINGTON, FRIDAY, MARCH 24, 1995 No. 55 House of Representatives

The House met at 10 a.m. and was FOX] come forward and lead the House National security restoration to pro- called to order by the Speaker pro tem- in the Pledge of Allegiance. tect our freedoms. We kept our prom- pore [Mr. CUNNINGHAM]. Mr. FOX of Pennsylvania led the ise. f Pledge of Allegiance as follows: Government regulatory reform. We I pledge allegiance to the Flag of the kept our promise. DESIGNATION OF THE SPEAKER United States of America, and to the Repub- Commonsense legal reform to end PRO TEMPORE lic for which it stands, one nation under God, frivolous lawsuits. We kept our prom- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. ise. fore the House the following commu- f Welfare reform to encourage work, not dependence. We are doing it right nication from the Speaker: ANNOUNCEMENT BY THE SPEAKER now. We will pass it. WASHINGTON, DC, PRO TEMPORE March 24, 1995. Family reinforcement to crack down I hereby designate the Honorable RANDY The SPEAKER pro tempore. The on deadbeat dads, tax cuts for middle- ‘‘DUKE’’ CUNNINGHAM to act as Speaker pro Chair announces that there will be 20 1- income families, congressional term tempore on this day. minute speeches on each side. limits to make Congress a citizen legis- NEWT GINGRICH, f lature. Speaker of the House of Representatives. This is our Contract With America. f REPUBLICAN CONTRACT WITH AMERICA f PRAYER (Mr. HOKE asked and was given per- The Chaplain, Rev. James David mission to address the House for 1 GEJDENSON ELECTION STILL NOT Ford, D.D., offered the following pray- minute.) SETTLED er: Mr. HOKE. Mr. Speaker, last fall (Mrs. KENNELLY asked and was For the sun to brighten the day, for House Republicans entered into a Con- given permission to address the House the rains to nurture the land, for chal- tract With America, for the first time for 1 minute.) lenges to be confronted and responsibil- in American political history a written Mrs. KENNELLY. Mr. Speaker, as a ities to be accepted, for sacrifices to be contract with the American people. former secretary of the state of Con- endured and for all of life to be fully We have done more in the first 80 necticut, I have every reason to be lived, for friends to accompany and for days of this Congress than was done in proud of my State’s tradition of honest family to love, we offer these words, O the entire 103d Congress. We have an elections and a revered court system. God, of thanksgiving and praise. We opportunity to make more changes of So it was with chagrin that I learned earnestly pray that we will be faithful substance than have been made in the yesterday of a decision not to dismiss to the opportunities and the tasks that past 10 years. the challenge of our seated Congress- are before us, so that in all things, we Our contract states the following: man, SAM GEJDENSON, from the Second will do Your will and serve people ac- On the first day of Congress, a Re- District, a decision in stark contrast to cording to their need. Amen. publican House will require Congress to precedents established in 47 previous f live under the same laws as everyone cases since 1969. else, cut committee staffs by one-third, The facts are clear. Our colleague THE JOURNAL and cut the congressional budget. We from Connecticut’s Second District was The SPEAKER pro tempore. The have done all of that. elected and not once, not twice, but Chair has examined the Journal of the It continues that in the first 100 days three times declared the victor, elec- last day’s proceedings and announces we will vote on the following items: tion night, in an automatic recount, to the House his approval thereof. A balanced budget amendment. We and by the highest court of the State of Pursuant to clause 1, rule I, the Jour- kept our promise. We passed it. Connecticut, our supreme court, head- nal stands approved. Unfunded mandates legislation. We ed by Chief Justice Peters, a revered f kept our promise, with your help, and court legalist. we passed it. ‘‘The cloud that Mr. Munster per- PLEDGE OF ALLEGIANCE Line-item veto. We kept our promise. ceives,’’ it was said by the court, ‘‘has The SPEAKER pro tempore. Will the A crime package. We kept our prom- no basis in fact, law or reason. It sim- gentleman from Pennsylvania [Mr. ise. ply does not exist.’’

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

H 3735 H 3736 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Mr. Speaker, we have laws, prece- WELFARE REFORM nightmare compassionate. Their sys- dents, and standards which should gov- (Mr. NORWOOD asked and was given tem is not compassionate, their system ern our actions. The people of Con- permission to address the House for 1 is obscene. necticut will have every right not only minute.) Today, we have an unprecedented op- to be surprised but amazed that these Mr. NORWOOD. Mr. Speaker, I hear portunity to save the lives of millions decisions have been set aside. the other side wail and whine that we of children who would otherwise be are hurting the children. Perhaps they trapped in the system which has ruined f are so busy defending the status quo previous generations. We cannot be in- that they fail to see the dismal failure timidated by the liberals in Congress REAL WELFARE REFORM our system has become. Perhaps they and in the media who offer no solu- (Mr. SAM JOHNSON of Texas asked think it is compassionate for our sys- tions, only scare tactics. They throw and was given permission to address tem to encourage illegitimacy. Perhaps out words like ‘‘cruel’’ and ‘‘mean’’ but the House for 1 minute.) they think that it is OK for 1 in 3 ba- I ask you, Mr. Speaker, what is more Mr. SAM JOHNSON of Texas. Mr. bies in this Nation to be born out of cruel, what is more mean, than to con- Speaker, for 40 years the Democrats wedlock. Perhaps they think it is OK demn a child to life on the liberal wel- controlled the Congress. They did noth- that the average length of stay on wel- fare dole. That is the cruelest punish- ment imaginable. We cannot allow an- ing but protect and expand to the tune fare today is 13 years. But it is not OK, other generation of American children of $5 trillion a cruel welfare bureauc- Mr. Speaker. It is unbelievable that we to fall victim to the ‘‘compassion’’ of racy. ever allowed the Federal Government to become the caretakers for so many the American left. We must be strong, For 2 years the Democrats controlled people. Fortunately, Mr. Speaker, the we must be bold, and we must act now the House, the Senate, and the White American people know better. They re- for H.R. 4. Our children deserve no less. House and still promoted this destruc- alize that we can do nothing worse f tive government-run, one-size-fits-all than to keep the current system. It is program that perpetuates a cycle of de- just sad to see that the other side is so VOTE AGAINST H.R. 4, PERSONAL pendency. wedded to big government, nanny- RESPONSIBILITY ACT For 2 years the President talked and State programs that they fail to see (Mr. VOLKMER asked and was given talked and talked about ending welfare what is right. * * * What is right is permission to address the House for 1 as we know it but did nothing, and this voting to end the current welfare sys- minute and to revise and extend his re- year, guess what? He is still silent. But tem today. marks.) since January 4, the Republican Con- f Mr. VOLKMER. Mr. Speaker, yester- gress has replaced talk with action, re- day I too voted for real welfare reform placed rhetoric with real change. A BAD REPUBLICAN WELFARE BILL under the Deal bill. But the Republican The Republican welfare bill does not welfare bill, commonly known as the lack compassion. It is born out of com- (Ms. DELAURO asked and was given let-the-children-go-hungry-so-the- passion. The real lack of compassion permission to address the House for 1 rich-can-feast bill, cuts $66 billion from was shown by those who stood by and minute and to revise and extend her re- school breakfasts and lunches, food did nothing while more and more marks.) stamps from the elderly retirees and Americans were pushed further and Ms. DELAURO. Mr. Speaker, I was working poor, child care from working proud last night to join all my Demo- further away from the American mothers, and yet the mean-spirited cratic colleagues in voting for real wel- dream. radical right majority says they are fare reform. The Deal substitute was not cutting any of these programs but Today we will pass real welfare re- real welfare reform—it demands more spending more. form and give America back that responsibility by requiring that welfare Sorry, folks. They are cutting $66 bil- dream. recipients go to work after 2 years, and lion from the needy, from school it provides more opportunity by mak- f lunches and breakfasts, from the ing sure that that work pays more than Women, Infants and Children Program, welfare. PAN AM 103 AND THE CIA from food stamps, from AFDC and from But the Republican bill before us (Mr. TRAFICANT asked and was today is more intent on punishing our child care, in order to give those bil- given permission to address the House children than in putting welfare recipi- lions to large corporations and the for 1 minute and to revise and extend ents to work. wealthy in tax cuts next week. his remarks.) This bill would cut $2.3 billion from It is a sad day for our great Nation Mr. TRAFICANT. Mr. Speaker, there school-based nutrition programs and $7 when this Congress, the people’s house, is a record $4 million reward out on the billion from all child nutrition pro- takes food from the mouths of innocent heads of two Libyans accused of blow- grams over the next 5 years. That children so that the rich can have pheasant under glass. ing up Pan Am 103. means 2 million children would be Vote against H.R. 4. It only punishes I say this is not a reward, this is a di- thrown out of the School Lunch Pro- gram—20,000 in my home State of Con- babies and children and it does not re- version. Records show that it was Iran, form welfare. not Libya, that ordered the destruction necticut alone. of 103. In fact, Iran hired Syria and This Republican bill punishes chil- f dren in order to pay for a tax cut for Ahmed Jabril picked 103 because it was REPUBLICAN WELFARE REFORM insulated by our own CIA whose the wealthiest Americans, the richest 1 operatives were helping them get some percent of the people in this Nation. (Mr. JONES asked and was given per- That is what this is all about. Today of our hostages released. They say mission to address the House for 1 we can stop this war on kids. Vote minute.) ’‘nonsense’’ at the CIA. against a bad Republican bill. Mr. JONES. Mr. Speaker, the average Ladies and gentleman, it is time for American family has spent over $50,000 the CIA to tell the American people f in taxes on the war on poverty since and the families of the victims the SAVE THE CHILDREN: END 1965. This is an obscene amount of truth. As an old sheriff, let me tell you WELFARE AS WE KNOW IT money, especially since it has gone to this. If Qadhafi was responsible for 103, (Mr. FUNDERBURK asked and was an unsuccessful cause. We must reduce these two guys would have choked on a given permission to address the House this heavy burden which has been chicken bone by now. The families of for 1 minute and to revise and extend placed on the working family. victims overseas are demanding a new his remarks.) The Republican welfare proposal will investigation. Mr. FUNDERBURK. Mr. Speaker, I save the American people approxi- My God, Congress. Let us get to the really feel sorry for the liberal Demo- mately $60 billion over a 5-year period. bottom of 103. This is a diversion. crats. They call their $5 trillion welfare The savings will go to deficit reduction March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3737 and to reduce the burden of Govern- WELFARE REFORM Government that they demanded last ment, which in turn reduces taxes for (Mr. MILLER of California asked and November. the American people. was given permission to address the Mr. Speaker, I am proud of this legis- States will have authority to design House for 1 minute and to revise and lation, and I am proud of our contract. their own programs to lift the poor out extend his remarks.) We are keeping our promises, and I be- of poverty and to give them hope for Mr. MILLER of California. Mr. lieve that is what our democracy is all the future. Speaker, the welfare reform legislation about. We can not deny this opportunity for we have been considering this week has f the citizens of this country. Let us join critical implications for our Nation’s forces to pass this pro-country, pro-re- children. Coupled with the rescission MAKING WAR ON POOR CHILDREN sponsibility, and pro-family legisla- package this body passed last week, (Mr. OLVER asked and was given tion. and the promise of further cuts in pro- permission to address the House for 1 grams for our children to pay for tax minute and to revise and extend is re- f cuts for the richest percent of Ameri- marks.) cans, we are facing the complete dis- Mr. OLVER. Mr. Speaker, the Repub- DEMOCRATS UNITE mantling of the safety net for children. licans say that the war on poverty has (Mr. RICHARDSON asked and was This past weekend, I held a town been lost so they are making war on given permission to address the House meeting in my congressional district to poor children instead. I have got to for 1 minute and to revise and extend seek the views of those from the front hand it to them, though, they do not his remarks.) lines who deal with troubled children just target welfare kids, the Repub- Mr. RICHARDSON. Mr. Speaker, last on a daily basis on the consequences of lican contract on America cuts income night Democrats united on welfare re- the welfare reform package pushed by and food stamps and school breakfast form. We showed the American people Gingrich and the Republicans. The re- and lunches, and nutrition for young that Democrats from across the coun- scission proposals. I heard from a broad mothers and care for abused children, try, from Mississippi to New York, spectrum of people—children’s advo- and day care for children while their cates, the educational and medical from New Mexico to Maine, from left parents work, $50 billion in cuts for communities, professionals in child to right ideologically were able to nearly 10 million families whose in- care and child protection services, the come together and fight the Repub- come is less than $20,000 a year, both mayor of our largest city, parents and working families and nonworking fami- lican war against hard-working middle- children themselves. class Americans and children. lies, the Republicans do not seem to The picture they painted was one of care which, families where more than Mr. Speaker, there are a lot of Re- abandonment—abandonment of the publicans walking around with broken 20 million children get their start in Federal commitment to supporting life. arms nursing their wounds because of children and families. In these times the pounding they took from their Are the Republicans using those $50 when entitlement has become a dirty billion to cut the explosion of deficits leadership. word, they graphically reaffirmed why Mr. Speaker, the Democratic plan from 12 years under voodoo economics? entitlements exist, and how critical Not on your life. They are using those says no work, no welfare. Our plan is they are to the well-being of the chil- tough on fraud and abuse in welfare. It $50 billion taken from low-income fam- dren of this Nation. They also con- ilies and their children to give tax cuts cuts Federal bureaucracy and gets peo- firmed that we will be shortsighted, in- to the richest 2 percent of Americans. ple back to work. It puts savings into deed, if we cut the fiscal lifelines that Only in NEWT GINGRICH’s America deficit reduction for middle-class mean education, jobs, innovation, would taking $50 billion from 25 per- Americans and prevents Republicans training, in our low-income commu- cent of Americans and giving it to from giving special interests a tax cut. nities, and our children will suffer American millionaires be even think- more. Mr. Speaker, the Republican contract able. with special interest America is col- f lapsing. Democrats are back. Our con- f tract is with hardworking middle-class THE CONTRACT AND WELFARE REFORM THE IMPORTANCE OF America and we are going to keep it. BIODIVERSITY (Mrs. KELLY asked and was given f permission to address the House for 1 (Mr. GILCHREST asked and was minute.) given permission to address the House CHANGING THE WELFARE MESS Mrs. KELLY. Mr. Speaker, this for 1 minute.) (Mr. CHABOT asked and was given morning we will pass the Personal Re- Mr. GILCHREST. Mr. Speaker, permission to address the House for 1 sponsibility Act of 1995. This is by far today, I would like to talk to you minute.) the most sweeping and far-sighted about the drug taxol. Taxol was first Mr. CHABOT. Mr. Speaker, when piece of social welfare legislation to used on a trial basis in 1983 to treat President Clinton was a candidate, he come out of Congress in the last 40 ovarian and breast cancer. Today, it is promised to end welfare as we know it. years. We not only provide a true safe- the most effective treatment for But for the past 2 years, neither the ty net for those less fortunate in our achieving remission in advanced ovar- President nor the Democrat-controlled society, but we do so in the larger con- ian cancer. It took researchers over 20 years, testing thousands of plant and Congress did a thing to change the wel- texts of fiscal accountability and per- animal extracts from all over the world fare mess. sonal responsibility. We save hard-working American fam- to come up with a safe and effective b 1015 ilies $69 billion,while putting more food compound able to kill cancer in hu- on the plates of hungry children. This mans. Now, taxol gives new hope to Then came November, and the Amer- is the true spirit of our Contract With many of the women who suffer from ican people said it is time for a change. America. breast and ovarian cancer, which now Now the Republican majority is doing Last November, Americans decided kills almost 40,000 women a year. something that the Democrats could that they no longer wanted a govern- This amazing drug was originally de- never bring themselves to do. We are ment at odds with the people, but rath- rived from a tree called the Pacific changing the current broken-down wel- er a government that worked in part- yew. The yew three is found in the old fare system that traps people in a nership with the people. A subtle yet growth forests of the Pacific Northwest hopeless cycle of dependence into a striking difference in leadership. and was once burned as scrap. It takes system that offers hope for the future. This welfare reform package, and the from 3 to 12 trees to provide enough Tough work requirements, personal contract as a whole, give the American taxol for each cancer patient. Each responsibility, and emphasis on the people the leaner, more efficient, and tree takes about 100 years to reach ma- family. The change is here. dramatically more responsive Federal turity. H 3738 CONGRESSIONAL RECORD — HOUSE March 24, 1995 It is important for us to see the con- CONCEPTS IN THE DEAL BILL Means Committee pointed with pride nection between the Endangered Spe- WILL SURVIVE to ancestors who came here not with cies Act, biological diversity, and (Mr. LEVIN asked and was given per- their hands out, but to work. taxol. mission to address the House for 1 I must ask the chairman, did any of his distinguished ancestors receive free f minute and to revise and extend his re- marks.) government land? Mr. LEVIN. Mr. Speaker, the Deal The great State of Texas was founded WHO IS IMMORAL AND WHO IS by pioneers drawn there by government CORRUPT? bill did not receive a majority of the votes yesterday but its basic concepts land grants. For example, in 1838, (Mr. RANGEL asked and was given will survive, indeed prevail. Texas gave one John Archer more than permission to address the House for 1 The potentially historic unanimous a thousand acres in Shelby County. minute and to revise and extend his re- vote of Democrats on the Deal sub- I guess that is not welfare. marks.) stitute resulted not only from hard We remember this history with pride Mr. RANGEL. Mr. Speaker, my dear work but mainly from its content. because such grants brought to our friends and colleagues, yesterday I was In a word, Deal is mainstream, the shores people who built not only the attacked by one of my Republican House Republican version is extreme. State of Texas, but the wealthiest Na- friends as supporting a corrupt and im- The status quo on welfare is dead; tion on Earth. moral welfare system, and then he the question is what will replace it. The time for free land is over. But as scurried off the floor. This morning, I I predict that the version coming out the son of immigrants, I ask from the was attacked by my Speaker for being of the Senate will be much closer to sons and daughters of earlier settlers a wedded to an immoral welfare system. Deal than to the House Republican ver- simple promise to those who came But it was not on the floor. It was in a sion. later: If you come here legally, if you plush hotel in New York City, being As to work—the key to welfare re- work hard, if you pay your taxes, and dined by some of the most successful form—as the CBO has started, Deal will abide by our laws, and fall on hard businessmen that we have. move people from welfare to work; the times through no fault of your own, Mr. Speaker, wherever you are, House Republican version is mainly a you will be eligible to help your sick whether it is old policy or Old Testa- hollow promise. child, or infirm wife. That is simple ment or New Testament, leave that Likewise on child and medical care human decency. We do not want land, beautiful hotel before you come back for children of parents who should be we just want fairness. to your job and visit the lesser among required to move off of welfare to us, visit those who are hungry, some work. f without homes, without jobs, and with- The Senate also will not adopt the out hope and see what is corrupt and House Republicans’ punitive provisions HELPING AMERICANS GET OFF immoral when we in this House have relating to children of teen mothers, WELFARE seen fit to cut from these people $69 second children; hundreds of thousands (Mr. KINGSTON asked and was given billion. of seriously handicapped children; kids permission to address the House for 1 Is this to reduce the deficit, is this in foster care or up for adoption, as minute and to revise and extend his re- for our national interests? No, it is for well as legal taxpaying immigrants. marks.) special interests. Deal will indeed live another day. Mr. KINGSTON. Mr. Speaker, not Let us see who is immoral and who is f long ago a fisherman off the coast of corrupt. SECRETARY CISNEROS SHOULD Savannah discovered if he sailed his boats to a certain spot each day and f MAKE PUBLIC COPIES OF GIFT TAX RETURNS FOR YEARS IN fed a school of dolphins that they QUESTION would start gathering at that spot REINVENTING WELFARE daily. Next he observed a lot of Yan- (Mr. SENSENBRENNER asked and (Mrs. SEASTRAND asked and was kees heading south on I–95 who had was given permission to address the given permission to address the House pockets and briefcases and purses full House for 1 minute and to revise and for 1 minute.) of money. extend his remarks.) Mrs. SEASTRAND. Mr. Speaker, Mr. SENSENBRENNER. Mr. Speak- So, being an astute entrepreneur, he reinventing welfare has been tried six er, HUD Secretary Henry Cisneros had then put one and one together and he times. The result: More and more a reason to lie to the FBI when he told said, hey tourists, want to see some spending, less and less results. them that he never gave his former fish? For 20 bucks I will take you out Today we will decide whether we mistress more than $10,000 a year un- in my boats. You will see hundreds of want so-called reinvented welfare or less he filed gift tax returns reporting them, and for an extra 5 bucks I will whether we want fewer individuals on higher payments. Federal tax law gives throw in a fish head and you too can the cruel cycle of government depend- individuals a $10,000 annual exemption play Jacques Cousteau, and the tour- ence. Today, we decide if we believe from gift taxes to a single donee, or ists just kept pulling off I–95 and jam- those in our local communities know $20,000 if the donor’s spouse joins in the ming the exit. better how to help their own commu- gift. The fisherman was growing rich and nities or whether Washington knows Secretary Cisneros ought to make the dolphins fat. Then enter Fish and best. Today we decide between ending public copies of all gift tax returns for Wildlife. Hold everything, they said, the welfare entitlement mentality or years he gave his former mistress more you cannot do this; you are making the spending more money to perpetuate than $10,000. If he fails to do so, the At- fish dependent, you are disturbing the current cruel welfare state. torney General should broaden her re- their ability to fend for themselves. Those of us who are ready to end the quest for an independent counsel to And they were right. It was not in the failed liberal welfare system have to look into possible tax law violations by best long-term interests of the dol- stand up and cast a tough vote. The de- Cisneros. phins. fenders of the current welfare state f Question: Why do not we elevate peo- will accuse us of being cruel, not ac- ple to the same status of dolphins? Let knowledging that the current system A PROMISE OF SIMPLE DECENCY us consider what the welfare system is turns welfare clients into its victims. TO IMMIGRANTS doing to our fellow man. Our vote will begin the process of (Mr. MENENDEZ asked and was If the dolphin beaches itself, let us changing a cruel welfare system into a given permission to address the House help it back out to the ocean. If a fel- system of hope, independence and op- for 1 minute and to revise and extend low American falls down, let us help portunity based on the dignity of work his remarks.) him get back up, but let us not throw and personal responsibility. We must Mr. MENENDEZ. Mr. Speaker, yes- him in a hopeless mire of a welfare sys- act today. terday, the chairman of the Ways and tem that does not work. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3739 SUFFER THE LITTLE CHILDREN dren. They are outraged that we accuse to punish children for the indiscretions (Ms. FURSE asked and was given per- them of cutting spending for kids. of their parents. mission to address the House for 1 But they have a problem. Because And that is exactly what we stand minute and to revise and extend her re- they also say they will spend less on ready to do today, punish children by marks.) food for kids—$6.5 billion less over 5 cutting back vital nutrition programs Ms. FURSE. Mr. Speaker, I have lis- years. They plan to use the $6.5 billion which have proven over the years to be tened these past few days with growing to pay for tax cuts. so successful. disbelief to the things said by Repub- The Republicans say they are cutting Last Monday, I had lunch with stu- licans about welfare and welfare recipi- bureaucrats, not food. But the entire dents at Charleroi Elementary School ents. I ask my colleagues: Do you live annual cost to administer the Food and in my hometown. One-third of the in the same America the rest of us live Nutrition Service is $146 million. At school’s 780 children receive free or re- in? Get out of your warm cars. Do as I that rate, if we do not spend any duced priced lunch. do; walk, walk, on the streets of Amer- money on bureaucrats, it will take 44 During my visit, I also presented a ica because you will see homeless on years to save $6.5 billion. flag frown over our Capitol to a fifth the streets of America, and there are So what should the American people grade student who wrote a winning thousands and thousands of children believe? The Republicans tell our chil- essay on ‘‘What It Means To Be an who are homeless, and they are hungry, dren they are not cutting their school American.’’ and they are cold, and they are fright- lunches, but they are using these sav- The bill we are about to enact is un- ened, and they live in America. ings to cut taxes for the wealthy. American. It will ultimately cut fund- I have read so many stories about I think the American people know ing and reduce the number of those how religious so many of the new Mem- what to believe. children entitled to receive these bers are, how they go to Bible study f lunches, in some cases their major and prayer meetings, and I say to them source of nutrition for the day. remember what Christ said. He said: HELPING THE PRESIDENT These children are our tomorrow. If ‘‘Suffer the little children to come DELIVER ON HIS PROMISE we do not provide for them, we are unto me.’’ (Mr. LAHOOD asked and was given turning our back on our future. I ask you, no I beg you, remember permission to address the House for 1 My colleagues on the other side of that quote and not make the little minute.) the aisle know this is not right. Vote children suffer any more. Put the chil- Mr. LAHOOD. This is it, America. ‘‘no’’ on H.R. 4. dren first, not this phony contract with Today is the day. We are going to pass Mr. Speaker, I include two winning the wealthiest of Americans. welfare reform. We are going to give to essays for the RECORD. Vote ‘‘no’’ on this cruel welfare bill. the President what his own party for 2 WHAT IT MEANS TO ME TO BE AN AMERICAN f years could not give him. We are going (By Jared Dumm) to give him the pledge that he made to I am proud to be an American because I b 1030 all of America, the pledge that his own live in the greatest country in the world. party could not help him deliver for 2 America fought hard to gain peace, freedom, SUPPORT REAL CHANGE IN years. We are going to past welfare re- and rights for all her citizens. I would like to WELFARE form and reform a system that has describe what the letters in AMERICAN mean to me. (Mr. EWING asked and was given per- been lousy. A is for America, the greatest, strongest mission to address the House for 1 We are going to require people to country in the world. minute and to revise and extend his re- work. We are not going to reward peo- M is for the monuments, built to remember marks.) ple for having more children. We are our great leaders and events in our history. Mr. EWING. Mr. Speaker, I am tired going to reform a lousy system. E is for equality, which insures that, no of the misleading rhetoric from the For 2 years the Democrats have con- matter what our color, nationality, or reli- other side of the aisle regarding wel- trolled this House, the U.S. Senate, and gion, we are treated fairly and equally. fare reform. the White House, and they could not R is for the respect and rights we have, in- cluding free speech, religion, press, and the They talk about real welfare reform. deliver on their promise. So today we right to assemble. They talk about being mean to chil- will do that. I is for independence, for which our armed dren. That is just incorrect. And I know that there will be those services fought, so that we can stand united They would have us believe that on their side that will join us as we and strong against our enemies. every welfare family is an ‘‘Ozzie and pass welfare reform, because they know C is for the Constitution, the greatest doc- Harriet’’ family, the family next door, it is a lousy system, it does not work, ument in the world, which protects and guar- fallen on hard times. Ladies and gen- and they want to help their President antees us life, liberty, and the pursuit of tlemen, those families will still have deliver on his promist to end welfare as happiness. A is for our anthem, ‘‘The Star Spangled welfare available to them if they need we know it. Banner,’’ which makes us swell with pride it. f when we hear it. Welfare reform is aimed at those who N is for our nation, the best in the world, are on it for generations and who use WELFARE REFORM: DO NOT where we can live in freedom and peace. the rewards for their personal pleasure, PUNISH CHILDREN For all the above reasons, I feel very lucky and proud to be an American. not to help their children. (Mr. MASCARA asked and was given It is time that if you really want wel- permission to address the House for 1 WHAT IT MEANS TO ME TO BE AN AMERICAN fare reform you quit saying it and put minute and to revise and extend his re- (By Holly McLoy) your actions where your words are. Do marks, and include extraneous mate- I’m only eleven years old but my mother not just say you really want change rial.) has taught me to love my country. I admire when you really want to just throw Mr. MASCARA. Mr. Speaker, it sad- the customs and traditions of my country. It more money at a failed system. makes me have a feeling that I belong. dens me that the debate over welfare If I were raised in another country I prob- f reform has not been more bipartisan. ably would be a much different person. As an It is clear that a majority of Mem- American I can attend the church of my WHAT SHOULD THE AMERICAN bers on both sides of the aisle agree the choice. If I lived in another country I may be PEOPLE BELIEVE? current system is broke and needs to forced to go to a church not of my choice. (Mr. CARDIN asked and was given be fixed. I have the freedom of attending public permission to address the House for 1 All of us agree benefits should be lim- school instead of being forced to attend minute and to revise and extend his re- ited, that recipients should be required school separated from my family. As a child I respect the American flag. It is marks.) to find work, and that illegitimate very special to me. The flag represents the Mr. CARDIN. Mr. Speaker, the Re- births should not be rewarded United States of America. When the flag publicans claim that they will spend 4.5 But the proper way to resolve these passes in a parade I place my hand over my percent more money on feeding chil- problems is to reform the system, not heart. H 3740 CONGRESSIONAL RECORD — HOUSE March 24, 1995 As an American I feel free I can do as I I think that, instead of trying to find shoulders. They tell me how much they please, I can choose between right and wrong Rube Goldberg convoluted ways to sub- need these programs to grow up and tell the difference between good and bad. vert the Constitution, we ought to pay healthy and strong. They tell me that I am proud to be an American. When I at- more attention to trying to discipline without school lunches they will go to tended a prade in Belle Verion honoring all the men and women who served their coun- our own spending habits. school hungry and not ready to learn. try in Operation Desert Storm I was sad and f Mr. Speaker, we are witnessing an happy at the same time. I was happy the war all-out attack on the most defenseless wasover but sad for the ones that died. This BREAKING THE CYCLE OF of our society by the majority party in occusin made me more aware that I was an DEPENDENCY Congress. We must make a stand American. America is a great land to live in. (Mr. FOX of Pennsylvania asked and against these callous actions. We can- f was given permission to address the not let the poor and the hungry in the House for 1 minute and to revise and Nation fall victim to this outdated and REFORMING THE WELFARE extend his remarks.) cold-hearted legislative agenda. PROGRAM Mr. FOX of Pennsylvania. Mr. Speak- f (Mr. CHAMBLISS asked and was er, our current welfare system erodes given permission to address the House the basic building blocks of our soci- SUPPORT AND PASS THE NEW for 1 minute and to revise and extend ety, discourages work, destroys fami- WELFARE REFORM PACKAGE his remarks.) lies, and forces reliance on the Govern- (Mr. TIAHRT asked and was given Mr. CHAMBLISS. Mr. Speaker, today ment. permission to address the House for 1 is truly a historic day in the House as Just since 1989, the welfare rolls have minute and to revise and extend his re- it is on the verge of doing what should grown 31 percent. marks.) have been done many years ago, reform As President Franklin Delano Roo- Mr. TIAHRT. Mr. Speaker, this coun- a welfare program that does not work sevelt said in 1935, to dole out relief is try has spent $5 trillion over the last 30 for the poorest Americans. to administer a narcotic, a subtle de- years on a system that has produced The Republican welfare reform bill stroyer of the human spirit. more people than ever in poverty. It is will cap benefits and allow States to That is why we are here this week, to a broken system that teaches exactly decide for themselves how to prioritize break the cycle of dependency created the wrong things. It is antiwork, it is their resources. Our bill tightens up en- by the narcotic of welfare and restore antiproperty, and it is antifamily. forcement provisions against deadbeat hope and independence to millions of Because of this system, we have con- dads, encourages welfare recipients to Americans. The Republican welfare re- demned second and third generations work, and discourages illegitimacy. form plan would help able-bodied peo- to the same life of poverty, not only fi- I have a message for the other side of ple come off welfare with job counsel- nancial poverty but poverty of spirit. the aisle and it is the same message ing, job training, and job placement. People need to work. You cannot the American people sent last Novem- It increases funding for school nutri- have self-esteem without accomplish- ber: The time has come to reassess the tion programs, day care for children, ment. You cannot have accomplish- Federal Government’s role in the lives and WIC, and lets States decide how ment without work. of the American people. That means best to run their own welfare program. Let us give our people hope, dignity making the tough decisions and learn- It eliminates discriminatory delays in through work. Let us pass H.R. 4, the ing for the first time in Washington to adoption. new welfare reform package. say ‘‘No.’’ That is sound, compassionate policy, Mr. Speaker, our position is clear: Mr. Speaker. It is time we applied the f The new majority is passing its con- principles of family, work, and self-re- tract. Bills that matter to the Amer- liance that built our country. The Re- THE DEAL SUBSTITUTE SOLVED ican people. Meanwhile, the minority publican welfare reform plan moves us THE WELFARE MESS is reduced to scare-tactics aimed at significantly in this direction. (Mr. DURBIN asked and was given children and the elderly. For the sake of our children and permission to address the House for 1 Mr. Speaker, the wheels are not com- grandchildren, let us reform welfare minute and to revise and extend his re- ing off this contract, they are just be- now. marks.) ginning to turn. f Mr. DURBIN. Mr. Speaker, everyone f concedes, Democrat, Republican, and CONTRACT AGAINST AMERICA’S Independent alike, that the welfare THE LINE-ITEM VETO CHILDREN AND FAMILIES system in America is a failure. My po- (Mr. WILLIAMS asked and was given (Mr. RUSH asked and was given per- litical party, the Democrats, should permission to address the House for 1 mission to address the House for 1 not be so proud that they do not con- minute and to revise and extend his re- minute and to revise and extend his re- cede that fact as well. But the Repub- marks.) marks.) licans should not be so spiteful or Mr. WILLIAMS. Mr. Speaker, my col- Mr. RUSH. Mr. Speaker, last night short-sighted as to believe that just leagues, have you seen the line-item we witnessed an all-out war waged by ending or getting tough on welfare will veto bill that the Senate passed last the Republican majority against the solve the problem. night? In order to take care of their most vulnerable of our society, our im- We have got to take people off of wel- concerns, their legitimate concerns, poverished children. fare and put them to work. That is why that some of us in the House share My colleagues on the other side of we had 205 Members, 1 courageous Re- about the potential unconstitutional the aisle will tell us that block grants publican, and all of the Democrats on nature of allowing a President a line- will actually provide more services for this side of the aisle who voted, voted item veto, of allowing a President to less money. for the Deal substitute last night. Lib- reach inside of an appropriation bill Well, Mr. Speaker, let me tell the erals, conservatives came together and and strike a section of it, in order to American people that this is not the said, ‘‘Let us put people to work.’’ get around that constitutional provi- case. Why does the Republican welfare re- sion, they passed a line-item veto bill Under the Republican plan, actual form bill fail when it comes to work? which would require the President to disbursement funds for school lunches Because they will not invest money in veto not 1 of 13 appropriation bills that and WIC programs will be cut by more education, training, day care, the obvi- we would send him; we would now send than $2 billion. ous things you need to bring someone him one bill for every item appro- Over the past several weeks I have off welfare. priated. received thousands of letters, cards, What do the Republicans do with the We would now, under line-item veto, and drawings from young children in money they save from their welfare re- send the President a minimum of 10,000 my district, who under this plan, will form? They put it into a tax cut, a tax appropriations bills, 10,000 appropria- be forced to carry the burden of tax cut for the privileged few. Now, does tion bills instead of the current 13. cuts for the wealthy on their tiny that make sense? March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3741 If we are going to solve the welfare taken away from them, the voters will ments for economic slumps. As a re- mess for good, take people off welfare remember in November who took those sult, a $1.2 billion loss to Florida. permanently. We need to put them to lunches away. These are just a few of the cuts. When work. The Deal substitute did it. The f you add them up, Florida will lose $3.87 Republican welfare plan does not. billion. f MEANINGFUL WELFARE REFORM Mr. Speaker, it is not about change TODAY on that side, it is not about change, it TIME TO CHANGE THE WELFARE (Mr. HAYWORTH asked and was is about our children. We are not talk- SYSTEM given permission to address the House ing about status quo here. (Mr. RIGGS asked and was given per- for 1 minute and to revise and extend f mission to address the House for 1 his remarks.) minute.) Mr. HAYWORTH. Mr. Speaker, the CURRENT WELFARE SYSTEM IS Mr. RIGGS. Mr. Speaker and my col- gentlewoman from Oregon offered us a CRUEL TO CHILDREN leagues, it is hard to know what to scriptural admonition this morning. make of my liberal colleagues as they She quoted the words of Jesus Christ, (Ms. DUNN asked and was given per- come to the well and ooze compassion ‘‘Suffer the little children and let them mission to address the House for 1 and sport their politically correct ties, come unto me.’’ No interpretation, no minute and to revise and extend her re- when they claim they want to end wel- translation of that scripture have I marks.) fare as we know it. After all, they had seen that ever said, ‘‘Let them go unto Ms. DUNN of Washington. Mr. Speak- ample opportunity to change to system a Federal Government.’’ er, over the last few days we have spent during the last 2 years when they con- Mr. Speaker, it is a simple fact, lib- a great deal of time listening to oppo- trolled both Houses of Congress and the eral Democrats oppose changing this nents of the Republican welfare over- White House. welfare state. It suits them just fine. haul talking about how cruel this bill But the sad fact is they do not want They created it, and they have sup- is to children. Mr. Speaker, let me tell to change the welfare system, because ported it since the 1960’s. you what cruelty is. Cruelty is the cur- they like it. They like it because it is Despite the overwhelming evidence rent welfare system that has wasted $5 good for them politically, and the that welfare has played a major role in trillion of taxpayer money and yet has truth of the matter is that the welfare the breakdown of American society, failed to lift children from poverty. bureaucracy and welfare recipients liberal Democrats continue their love Cruelty is the current welfare system have become a core constituency of the affair with this failed system. They that condemns so many of these chil- national Democratic Party. seem willing to do anything to defend dren to a life surrounded by crime and The American people know the cur- this failed welfare state, including a violence and lack of ambition. rent welfare system is a disaster, espe- curious inability to properly count Cruelty is the current welfare system cially for children. Children on welfare wholesale distortion of facts and that condemns the children of these do worse in school. They tend to have shameful name-calling. children to face the same cir- more developmental problems, and Mr. Speaker, the good news today is cumstances in an endless cycle of pov- they are far more likely to end up on that the liberal Democrats’ days are erty and hopelessness. welfare themselves. numbered. They no longer have a mo- Mr. Speaker, let me tell you what the How can my liberal colleagues come nopoly over this Congress, and their most cruel and mean-spirited act of all down here and defend the current wel- pals in the media can count fewer and is: It is the cruelty found in the cur- fare systems, one which promotes fewer followers. The only refuge now rent liberal opposition to our bill. The intergenerational dependency on wel- for these liberal Democrats is the bu- liberals in Congress built this current fare, which leads to family disintegra- reaucracy, but even this will not es- welfare system, the system is a failure. tion and soaring rates of illegitimacy? cape the glare of public scrutiny. Today the Congress will overhaul How can they look the American peo- The American people have grown this failed system and end cruelty to ple in the eye and say we need more of tired of seeing this Federal Govern- children. the same? ment become the charity of first re- It is time to change the welfare sys- f sort. Today we will have meaningful tem in America, Mr. Speaker, and welfare reform. WELFARE REFORM change it we will for the children of this country. f (Ms. MCKINNEY asked and was given f b 1045 permission to address the House for 1 minute and to revise and extend her re- CHILDREN WILL BE HURT BY THE EFFECTS OF THE REPUBLICAN marks.) REPUBLICAN WELFARE REFORM WELFARE PLAN ON FLORIDA Ms. MCKINNEY. Mr. Speaker, as the PROPOSAL (Mrs. THURMAN asked and was Gingrich Republicans prepare for their (Mr. GENE GREEN of Texas asked given permission to address the House blitzkrieg against the poor, and say and was given permission to address for 1 minute.) things that I hope they do not mean, I the House for 1 minute and to revise Mrs. THURMAN. Mr. Speaker, the would like to read a letter from one of and extend his remarks.) Deal bill was not about the status quo. their supporters, obviously inspired by Mr. GENE GREEN of Texas. Mr. But let me tell you what the Repub- their rhetoric. Speaker, today Congress will pass a licans do to my State of Florida, and I The letter reads: welfare bill that will cut $35.1 million hope my colleagues from Florida are After watching your Negro boss do her jun- out of the school lunches in the State listening also. gle act about bringing back the brown shirts, of Texas, according to my outside-the- Block-granting cash assistance for I think we need some color shirts to control beltway analysis from our State comp- needy families will result in Florida re- these Negro females who pop out ——— Negro children like monkeys in the jungle. troller in Texas. ceiving $412 million less. No, I think the monkeys are more civilized. Today the Republican majority will Block-granting Federal funding for We real Americans don’t intend to support rejoice, but the children will be hurt. abused and neglected children and chil- ——— Negro children who live like rats in a Many of my Democratic Members have dren in foster care, Florida lost $121 hole and don’t have a chance to become been sporting ties and scarves from million. Repealing nutrition programs human. The welfare system is the cause. Save the Children, and I even heard including school lunch and WIC for Even whites are becoming trash just like Ne- this morning one Republican Member needy families and replacing them with groes who pop out all these ——— Negro chil- offered to have a secondary market in a lump sum capped at less than the dren. Don’t you understand that we Ameri- cans are trying to civilize you? Why do you used ties. rate of inflation will result in $338 mil- fight it so hard? The jungle is in Africa, But I am going to save mine until Oc- lion less to Florida. The Republican though you have turned D.C. into an Amer- tober and November of 1996, so when plan would impose a rigid cap on food ican jungle. Grow up and become an Amer- the kids start getting their lunches stamp spending allowing no adjust- ican. H 3742 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Mr. Speaker, the spirit of GOP wel- In my State of North Carolina, we Sec. 102. Increase in State flexibility regard- fare reform lives in these words. call it sleight of hand. ing recipient participation in jobs program. f If it was not so sad, it would be very funny. Sec. 103. Elimination of different treatment of 2-parent families. TERM LIMITS f Sec. 104. Extension of transitional child care (Mr. COOLEY asked and was given guarantee. ANNOUNCEMENT BY THE SPEAKER permission to address the House for 1 Sec. 105. Increase in Federal matching rates PRO TEMPORE minute.) for child care. Mr. COOLEY. Mr. Speaker, as a The SPEAKER pro tempore (Mr. Sec. 106. Increase in jobs program funding. Sec. 107. Requirement with respect to jobs strong supporter of term limits, I have CUNNINGHAM). This concludes the 1- minutes this morning. Further 1-min- program participation rate. underscored my commitment by co- Sec. 108. Increase in matching rates for sponsoring several measures that utes will be taken at the end of legisla- States whose recipients leave would allows States to determine their tive business. AFDC for paid employment. own limits on U.S. Representatives f Sec. 109. Increase in at-risk child care fund- while ensuring that some measure of ing. limitation would be placed on Rep- PERSONAL RESPONSIBILITY ACT Sec. 110. Improvements in jobs program self- resentatives whose States did not OF 1995 sufficiency planning and case The SPEAKER pro tempore. Pursu- management. enact term limits. Sec. 111. Change in mandatory services and I and most of my colleagues want ant to House Resolution 119 and rule activities under the jobs pro- term limits. I also have no desire what- XXIII, the Chair declares the House in gram. soever to preempt States Law. the Committee of the Whole House on Sec. 112. Jobs creation and work experience However, I have no intention of let- the State of the Union for the further program. ting this historic opportunity pass us consideration of the bill, H.R. 4. Sec. 113. Provisions generally applicable to the jobs program. by. I would hope that the scorched- b 1057 earth critics who will accept no less TITLE II—MAKING WORK PAY than their position also see the light. IN THE COMMITTEE OF THE WHOLE Sec. 201. Transitional medicaid benefits. We may not always agree on the num- Accordingly the House resolved itself Sec. 202. Temporary exclusion of earned in- ber of years but, we do agree on the ne- into the Committee of the Whole House come for purposes of determin- cessity of limits. on the State of the Union for further ing rent paid for units in feder- ally assisted housing. More importantly, I believe that the consideration of the bill (H.R. 4) to re- store the American family, reduce ille- Sec. 203. Continuation of food stamp bene- people who elected us realize that we fits. do not live in a perfect world. They re- gitimacy, control welfare spending and reduce welfare dependence, with Mr. TITLE III—IMPROVING CHILD SUPPORT alize that some limits are better than ENFORCEMENT no term limits at all. LINDER in the chair. The Clerk read the title of the bill. Subtitle A—Eligibility and Other Matters Mr. Speaker, I hope that during the Concerning Title IV–D Program Clients debate on term limits we will not lose The CHAIRMAN. When the Commit- tee of the Whole rose on Thursday, Sec. 301. State obligation to provide pater- sight of our ultimate goal—to enact nity establishment and child term limits that will return this body March 23, 1995, the amendment in the support enforcement services. to the people. nature of a substitute consisting of the Sec. 302. Distribution of payments. text of H.R. 1267 offered by the gen- f Sec. 303. Due process rights. tleman from Georgia [Mr. DEAL], had Sec. 304. Privacy safeguards. FOOD ASSISTANCE been disposed of. Subtitle B—Program Administration and For what purpose does the gentle- (Mrs. CLAYTON asked and was given Funding woman from Hawaii [Mrs. MINK] rise? permission to address the House for 1 Sec. 311. Federal matching payments. minute and to revise and extend her re- AMENDMENT IN THE NATURE OF A SUBSTITUTE Sec. 312. Performance-based incentives and OFFERED BY MRS. MINK OF HAWAII penalties. marks.) Mrs. MINK of Hawaii. Mr. Chairman, Sec. 313. Federal and State reviews and au- Mrs. CLAYTON. Mr. Speaker, today dits. the debate in the House on the Per- pursuant to the rule, I offer an amend- ment in the nature of a substitute. Sec. 314. Required reporting procedures. sonal Responsibility Act will conclude. Sec. 315. Automated data processing require- One of the issues that remains as a The CHAIRMAN. The Clerk will des- ments. point of contention is whether the Per- ignate the amendment in the nature of Sec. 316. Director of CSE program; staffing sonal Responsibility Act cuts or in- a substitute. study. creases spending for child nutrition The text of the amendment in the na- Sec. 317. Funding for secretarial assistance to State programs. programs. ture of a substitute is as follows: Amendment in the nature of a substitute Sec. 318. Reports and data collection by the When we spend less, that is a ‘‘cut.’’ Secretary. The Republican majority calls these offered by Mrs. MINK of Hawaii: Strike all after the enacting clause and in- Subtitle C—Locate and Case Tracking cuts ‘‘savings.’’ sert: Sec. 321. Central State and case registry. But, while insisting on calling them SECTION 1. SHORT TITLE. Sec. 322. Centralized collection and disburse- savings, they refuse to apply the This Act may be cited as the ‘‘Family Sta- ment of support payments. money to deficit reduction. bility and Work Act of 1995’’. Sec. 323. Amendments concerning income Instead, they intend to apply these SEC. 2. REFERENCE TO SOCIAL SECURITY ACT. withholding. savings to tax cuts for the wealthiest Except as otherwise specifically provided, Sec. 324. Locator information from inter- Americans. wherever in this Act an amendment is ex- state networks. It may seem confusing—however—let pressed in terms of an amendment to or re- Sec. 325. Expanded Federal Parent Locator me summarize. peal of a section or other provision, the ref- Service. Sec. 326. Use of social security numbers. The Republicans say their bill will erence shall be considered to be made to that ‘‘increase’’ spending. To increase section or other provision of the Social Secu- Subtitle D—Streamlining and Uniformity of rity Act. Procedures spending, they want to ‘‘reduce’’ spend- ing and call a cut a savings—but in- SEC. 3. TABLE OF CONTENTS. Sec. 331. Adoption of uniform State laws The table of contents for this Act is as fol- Sec. 332. Improvements to full faith and stead of applying the savings to reduce lows: credit for child support orders. the deficit, they want to apply the sav- Sec. 1. Short title. Sec. 333. State laws providing expedited pro- ings to a tax cut. By applying the sav- Sec. 2. Reference to Social Security Act. cedures ings to a tax cut—they will increase Sec. 3. Table of contents. Subtitle E—Paternity Establishment spending. Does that make it more TITLE I—IMPROVING AID TO FAMILIES Sec. 341. State laws concerning paternity es- clear? WITH DEPENDENT CHILDREN tablishment. Some refer to this logic as ‘‘sincere Sec. 101. Increase in standard earned income Sec. 342. Outreach for voluntary paternity confusion.’’ disregard. establishment. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3743 Subtitle F—Establishment and Modification ‘‘(C) that— prived’’ and all that follows through ‘‘inca- of Support Orders ‘‘(i) the costs of attendance by a recipient pacity of a parent’’. Sec. 351. National Child Support Guidelines at an institution of higher education (as de- (5) Section 406(b)(1) (42 U.S.C. 606(b)(1)) is Commission. fined in section 481(a) of the Higher Edu- amended by striking ‘‘and if such relative’’ Sec. 352. Simplified process for review and cation Act of 1965), or a school or course of and all that follows through ‘‘section 407’’. adjustment of child support or- vocational or technical training, shall not (6) Section 407 (42 U.S.C. 607) is hereby re- ders. constitute federally reimbursable expenses pealed. for purposes of section 403; and (7) Section 472(a) (42 U.S.C. 672(a)) is Subtitle G—Enforcement of Support Orders ‘‘(ii) the costs of day care, transportation, amended by striking ‘‘or of section 407’’. Sec. 361. Federal income tax refund offset. and other services which are necessary (as (8) Section 473(a)(2)(A)(i) (42 U.S.C. Sec. 362. Internal revenue service collection determined by the State agency) for such at- 672(a)(2)(A)(i)) is amended by striking ‘‘or of arrears. tendance in accordance with section 402(g) section 407’’. Sec. 363. Authority to collect support from are eligible for Federal reimbursement so (9) Section 1115(b) (42 U.S.C. 1315(b)) is Federal employees. long as the recipient is making satisfactory amended by striking paragraph (5). Sec. 364. Enforcement of child support obli- progress in such institution, school, or (10) Section 1115 (42 U.S.C. 1315) is amended gations of members of the course and such attendance is consistent by striking subsection (d). Armed Forces. with the employment goals in the recipient’s (11) Section 1902(a)(10)(A)(i) (42 U.S.C. Sec. 365. Motor vehicle liens. self-sufficiency plan developed under part F; 1396a(a)(10)(A)(i)) is amended by striking Sec. 366. Voiding of fraudulent transfers. ‘‘(D) that— subclause (V) and by redesignating Sec. 367. State law authorizing suspension of ‘‘(i) if an individual who is required by the subclauses (VI) and (VII) as subclauses (V) licenses. State to participate in the program of the and (VI), respectively. Sec. 368. Reporting arrearages to credit bu- State under part F fails without good cause (12) Section 1905 (42 U.S.C. 1396d) is amend- reaus. to participate or refuses without good cause ed by striking subsection (m). Sec. 369. Extended statute of limitation for to accept employment in which such individ- (13) Section 1905(n)(1) (42 U.S.C. 1396d(n)(1)) collection of arrearages. ual is able to engage which is offered is amended— Sec. 370. Charges for arrearages. through the public employment offices of the (A) in subparagraph (A)— Sec. 371. Denial of passports for nonpayment State, or is otherwise offered by an employer (i) by striking ‘‘(or’’ and all that follows of child support. if the offer of such employer is determined to through ‘‘407)’’; and Sec. 372. International child support en- be a bona fide offer of employment— (ii) by adding ‘‘or’’ at the end; and forcement. ‘‘(I) the family of the individual shall cease (B) by striking subparagraph (B). Subtitle H—Medical Support to be eligible for aid under this part; unless (14) Section 1925(a) (42 U.S.C. 1396r–6(a)) is Sec. 381. Technical correction to ERISA def- ‘‘(II) such individual is a member of a fam- amended by striking ‘‘hours of, or income inition of medical child support ily in which both parents are living at home, from,’’ and inserting ‘‘income from’’. and his or her spouse has not failed to com- order. (15) Section 204(b)(2) of the Family Support ply under this clause, in which case the Subtitle I—Effect of Enactment Act of 1988 (42 U.S.C. 681 note) is amended by needs of such individual shall not be taken striking the semicolon and all that follows Sec. 391. Effective dates. into account in making the determination through ‘‘1998’’. Sec. 392. Severability. with respect to his or her family under para- TITLE IV—REAUTHORIZATION OF CHILD graph (7) of this subsection; SEC. 104. EXTENSION OF TRANSITIONAL CHILD CARE GUARANTEE. CARE AND DEVELOPMENT BLOCK GRANT ‘‘(ii) any sanction described in clause (i) shall continue until the failure to comply Clause (iii) of section 402(g)(1)(A) (42 U.S.C. Sec. 431. Reauthorization of child care and ceases; 602(g)(1)(A)(iii)) is amended to read as fol- development block grant. ‘‘(iii) no sanction shall be imposed under lows: TITLE V—AMENDMENTS TO THE this subparagraph— ‘‘(iii) A family shall only be eligible for INTERNAL REVENUE CODE ‘‘(I) on the basis of the refusal of an indi- child care provided under clause (ii)— Sec. 501. Increase in top marginal rate under vidual to accept any employment (including ‘‘(I) for a period of 24 months after the last section 11. any employment offered under the program), month for which the family received aid to TITLE VI—EFFECTIVE DATE if the employment does not pay at least the families with dependent children under this Federal minimum wage under section 6(a) of part; or Sec. 601. Effective date. the Fair Labor Standards Act of 1938; or ‘‘(II) until the income of the family ex- TITLE I—IMPROVING AID TO FAMILIES ‘‘(II) on the basis of the refusal of an indi- ceeds by more than 200 percent the income WITH DEPENDENT CHILDREN vidual to participate in the program or ac- official poverty line (as defined by the Office SEC. 101. INCREASE IN STANDARD EARNED IN- cept employment (including any employ- of Management and Budget, and revised an- COME DISREGARD. ment offered under the program), if child nually in accordance with section 673(2) of Clause (ii) of section 402(a)(8)(A) (42 U.S.C. care (or day care for any incapacitated indi- the Omnibus Budget Reconciliation Act of 602(a)(8)(A)(ii)) is amended by striking ‘‘$90’’ vidual living in the same home as a depend- 1981) applicable to a family of the size in- and inserting ‘‘$170’’. ent child) is necessary for an individual to volved; SEC. 102. INCREASE IN STATE FLEXIBILITY RE- participate in the program or accept employ- whichever occurs first.’’. GARDING RECIPIENT PARTICIPA- ment, such care is not available, and the SEC. 105. INCREASE IN FEDERAL MATCHING TION IN JOBS PROGRAM. State agency fails to provide such care; and RATES FOR CHILD CARE. (a) CHANGES IN STATE PLAN REQUIRE- ‘‘(H) the State agency may require a par- (a) AFDC AND TRANSITIONAL CHILD CARE.— MENTS.—Paragraph (19) of section 402(a) (42 ticipant in the program to accept a job only (1) INCREASE IN RATES FOR SEVERAL STATES U.S.C. 602(a)(19)) is amended to read as fol- if such agency assures that the family of AND DISTRICT OF COLUMBIA.—Clause (i) of sec- lows: such participant will experience no net loss tion 402(g)(3)(A) (42 U.S.C. 602(g)(3)(A)(i)) is ‘‘(19) provide— of cash income resulting from acceptance of amended by striking ‘‘1905(b)).’’ and insert- ‘‘(A) that the State has in effect and oper- the job; and any costs incurred by the State ing ‘‘1905(b)), increased by 10 percentage ation a job opportunities and basic skills agency as a result of this subparagraph shall points.’’. training program which meets the require- be treated as expenditures with respect to (2) INCREASE IN RATES FOR OTHER STATES.— ments of part F; which section 403(a)(1) or 403(a)(2) applies;’’. Clause (ii) of section 402(g)(3)(A) (42 U.S.C. ‘‘(B) that, not later than 30 days after ap- (b) CHANGE IN PAYMENT TO STATES.—Sec- 602(g)(3)(A)(ii)) is amended by striking proving the application of a family for aid tion 403(l) (42 U.S.C. 603(l)) is amended by ‘‘1118).’’ and inserting ‘‘1118), increased by 10 under the State plan approved under this striking paragraph (2). percentage points.’’. part, the State shall— SEC. 103. ELIMINATION OF DIFFERENT TREAT- (b) AT-RISK CHILD CARE.—Subparagraph ‘‘(i) conduct an initial assessment of the MENT OF 2-PARENT FAMILIES. (A) of section 403(n)(1) (42 U.S.C. 603(n)(1)(A)) self-sufficiency needs of the family that in- (a) IN GENERAL.—Section 402(a) (42 U.S.C. is amended by inserting ‘‘increased by 10 per- cludes an assessment of the family cir- 602(a)) is amended by striking paragraph (41). centage points’’ before ‘‘of the expendi- cumstances, the educational, child care, and (b) CONFORMING AMENDMENTS.— tures’’. other supportive services needs, and the (1) Section 402(a)(38)(B) (42 U.S.C. skills, prior work experience, and employ- 602(a)(38)(B)) is amended by striking ‘‘or in SEC. 106. INCREASE IN JOBS PROGRAM FUNDING. ability of each recipient; section 407(a)’’. Paragraph (3) of section 403(k) (42 U.S.C. ‘‘(ii) determine whether it would be appro- (2) Section 402(a) (42 U.S.C. 602(a)) is 603(k)(3)) is amended— priate to require or permit any member of amended by striking paragraph (42). (1) in subparagraph (E), by striking ‘‘and’’ the family to participate in the program of (3) Section 402(g)(1)(A)(ii) (42 U.S.C. at the end; the State under part F; and 602(g)(1)(A)(ii)) is amended by striking (2) in subparagraph (F), by striking ‘‘and ‘‘(iii) advise the family of the availability ‘‘hours of, or increased income from,’’ and each succeeding fiscal year,’’ and inserting a of child care assistance under section 402(g) inserting ‘‘income from’’. comma at the end; and for participation in education, training, and (4) Section 406(a)(1) (42 U.S.C. 606(a)(1)) is (3) by inserting after subparagraph (F) the employment; amended by striking ‘‘who has been de- following: H 3744 CONGRESSIONAL RECORD — HOUSE March 24, 1995

‘‘(G) $1,500,000,000 in the case of fiscal year ‘‘(ii) 1⁄3 for fiscal year 1999; State may extend such period to not more 1997, ‘‘(iii) 1⁄2 for fiscal year 2000, and for each than 365 days.’’. ‘‘(H) $1,900,000,000 in the case of fiscal year fiscal year thereafter. 1998, ‘‘(C) For purposes of subparagraph (A), the SEC. 111. CHANGE IN MANDATORY SERVICES AND ACTIVITIES UNDER THE JOBS PRO- term ‘qualified family’ means, with respect ‘‘(I) $2,800,000,000 in the case of fiscal year GRAM. 1999, to a State for a fiscal year, a family— (a) MANDATORY AND PERMISSIBLE SERVICES ‘‘(J) $3,700,000,000 in the case of fiscal year ‘‘(i) that was receiving aid from the State AND ACTIVITIES.—Subparagraph (A) of sec- 2000, and under this part during such year; tion 482(d)(1) (42 U.S.C. 682(d)(1)(A)) is ‘‘(K) $5,000,000,000 in the case of fiscal year ‘‘(ii) a member of which ceased to partici- amended to read as follows: 2001,’’. pate in the State program established under ‘‘(d) SERVICES AND ACTIVITIES UNDER THE SEC. 107. REQUIREMENT WITH RESPECT TO JOBS part F during such year as the result of the PROGRAM.—(1)(A) In carrying out the pro- PROGRAM PARTICIPATION RATE. employment of such member in a job (other gram, each State shall make available a (a) REQUIREMENT.—Section 402 (42 U.S.C. than a job provided under the job creation broad range of services and activities to aid 602) is amended by inserting after subsection and work experience program under section in carrying out the purpose of this part. (c) the following: 482(e)); and Such services and activities— ‘‘(d)(1) With respect to the program estab- ‘‘(iii) ceased to receive such aid as a result ‘‘(i) shall include— lished by a State under part F, the State of such employment.’’ ‘‘(I) educational activities (as appropriate), shall achieve a participation rate for the fol- (b) INCREASE IN TRANSITIONAL CHILD CARE lowing fiscal years of not less than the fol- RATE.—Paragraph (3) of section 402(g) (42 including high school or equivalent edu- lowing percentage: U.S.C. 602(g)(3)) is amended by adding at the cation (combined with training as needed), end the following: basic and remedial education to achieve a ‘‘Fiscal year: Percentage: basic literacy level, and education for indi- 1997 ...... 15 ‘‘(C) Notwithstanding subparagraph (A), in 1998 ...... 20 the case of amounts expended for child care viduals with limited English proficiency; 1999 ...... 25 pursuant to paragraph (1)(A)(ii) by any State ‘‘(II) job skills training; 2000 ...... 30 that satisfies the requirement in section ‘‘(III) job readiness activities to help pre- 2001 ...... 35 403(l)(2)(A), the applicable rate for purposes pare participants for work; 2002 ...... 40 of section 403(a) shall be the percentage spec- ‘‘(IV) job development and job placement; 2003 or later ...... 50. ified in subparagraph (A) for such amounts, ‘‘(V) a job creation and work experience ‘‘(2) As used in this subsection, the term increased by 10 percentage points.’’. program as described in subsection (e); and ‘participation rate’ means, with respect to a SEC. 109. INCREASE IN AT-RISK CHILD CARE ‘‘(VI) group and individual job search as State and a fiscal year, an amount equal to— FUNDING. described in subsection (f); and ‘‘(A) the average monthly number of indi- Subparagraph (B) of section 403(n)(2) (42 ‘‘(ii) may include— viduals who, during the fiscal year, partici- U.S.C. 603(n)(2)(B)) of the Social Security ‘‘(I) on-the-job training; and pate in the State program established under Act is amended— ‘‘(II) any other work experience program part F; divided by (1) in clause (iv), by striking ‘‘and’’ at the approved by the Secretary.’’. ‘‘(B) the average monthly number of indi- end; (b) ELIMINATION OF REQUIREMENT WITH RE- viduals who, during the fiscal year, are adult (2) in clause (v), by striking ‘‘1995, and for SPECT TO CERTAIN EDUCATIONAL ACTIVITIES.— recipients of aid under the State plan ap- each fiscal year thereafter.’’ and inserting Section 482(d) (42 U.S.C. 682(d)) is amended— proved under part A or participate in the ‘‘1995;’’; and (1) by striking paragraph (2); and State program established under part F. (3) by adding at the end the following: (2) by redesignating paragraph (3) as para- ‘‘(3) Each State that operates a program ‘‘(vi) $300,000,000 for fiscal year 1996; graph (2). under part F for a fiscal year shall submit to ‘‘(vii) $800,000,000 for fiscal year 1997; the Secretary a report on the participation ‘‘(viii) $1,300,000,000 for fiscal year 1998; SEC. 112. JOBS CREATION AND WORK EXPERI- rate of the State for the fiscal year. ‘‘(ix) $1,800,000,000 for fiscal year 1999; ENCE PROGRAM. ‘‘(4)(A) If a State reports that the State ‘‘(x) $2,300,000,000 for fiscal year 2000; and Section 482 (42 U.S.C. 682) is amended— has failed to achieve the participation rate ‘‘(xi) $2,800,000,000 for fiscal year 2001.’’. (1) by striking subsections (e) and (f); required by paragraph (1) for the fiscal year, SEC. 110. IMPROVEMENTS IN JOBS PROGRAM (2) by redesignating subsections (g), (h), the Secretary may make recommendations SELF-SUFFICIENCY PLANNING AND and (i) as subsections (f), (g), and (h); and for changes in the State program established CASE MANAGEMENT. (3) by inserting after subsection (d) the fol- under part F. The State may elect to follow Section 482(b) (42 U.S.C. 682(b)) is amend- lowing: such recommendations, and shall dem- ed— ‘‘(e) JOBS CREATION AND WORK EXPERIENCE onstrate to the Secretary how the State will (1) by amending the subsection heading to PROGRAM.— achieve the required participation rates. read as follows: ‘‘(1) IN GENERAL.—In carrying out the pro- ‘‘(B) Notwithstanding subparagraph (A), if ‘‘(b) SELF-SUFFICIENCY PLAN.—’’; gram, each State shall establish a jobs cre- a State fails to achieve the participation (2) by striking paragraph (1)(A), redesig- ation and work experience program in ac- rate required by paragraph (1) for 2 consecu- nating paragraph (1)(B) as paragraph (1)(A), cordance with this subsection. tive fiscal years, the Secretary may require and adjusting the placement and margins of ‘‘(2) GENERAL REQUIREMENTS.—A jobs cre- the State to make changes in the State pro- paragraph (1)(A) (as so redesignated) accord- ation and work experience program is a pro- gram established under part F.’’. ingly; gram that provides employment in the pub- (b) CHANGE IN PAYMENT TO STATES.—Sec- (3) in paragraph (1)(A) (as redesignated by lic sector or in the private sector in accord- tion 403(l) (42 U.S.C. 603(l)) is amended by paragraph (2))— ance with the following requirements: striking paragraphs (3) and (4). (A) by striking ‘‘such assessment,’’ and in- ‘‘(A) PARTICIPATION.—A State shall require serting ‘‘the initial assessment of self-suffi- SEC. 108. INCREASE IN MATCHING RATES FOR an individual to participate in the jobs cre- STATES WHOSE RECIPIENTS LEAVE ciency under section 402(a)(19)(B),’’; and ation and work experience program if the in- AFDC FOR PAID EMPLOYMENT. (B) by striking ‘‘employability plan’’ each dividual— (a) INCREASE IN JOBS MATCHING RATE.— place such term appears and inserting ‘‘self- ‘‘(i) is eligible to receive aid under the Section 403(l) (42 U.S.C. 603(l)), as amended sufficiency plan’’; State plan approved under part A; by section 102(b), is amended by inserting (4) in paragraph (2)— ‘‘(ii) is prepared to commence employment, after paragraph (1) the following: (A) by striking ‘‘initial assessment and re- as determined under the self-sufficiency plan ‘‘(2)(A) Notwithstanding paragraph (1), the view and the development of the employ- developed for the individual under sub- Secretary shall pay to a State, with respect ability plan’’ and inserting ‘‘initial assess- section (b)(1)(A); and to expenditures made by the State that are ment of self-sufficiency and the development ‘‘(iii) has demonstrated that the individual described in paragraph (1)(A)(ii)(II), an of the self-sufficiency plan’’; is not otherwise able to obtain employment amount equal to the greater of 70 percent or (B) by striking ‘‘the State agency may re- in the public or private sectors. the Federal medical assistance percentage quire’’ and inserting ‘‘the State agency shall ‘‘(B) PERIODIC JOB SEARCH REQUIRED.—As a (as defined in section 1118 in the case of any require’’; and continuing condition of eligibility to partici- State to which section 1108 applies, or as de- (C) by striking ‘‘If the State agency exer- pate in the jobs creation and work experi- fined in section 1905(b) in the case of any cises the option under the preceding sen- ence program, each participant in the pro- other State) increased by 10 percent if the tence, the State agency must’’ and inserting gram shall periodically engage in job search. number of qualified families with respect to ‘‘The State agency must’’; and ‘‘(C) ENTRY-LEVEL POSITIONS.— the State for a fiscal year equals or exceeds (5) in paragraph (3)— ‘‘(i) IN GENERAL.—Subject to clause (ii), the the proportion specified in subparagraph (B) (A) by striking ‘‘may assign’’ and inserting jobs creation and work experience program for such year of the total number of individ- ‘‘shall assign’’; and shall provide entry-level positions, to the ex- uals participating in the State program es- (B) by adding at the end the following: tent practicable. tablished under part F during such year. ‘‘Case management services under this para- ‘‘(ii) NO INFRINGEMENT ON PROMOTIONAL OP- ‘‘(B) The proportion specified in this sub- graph shall continue for a period of not fewer PORTUNITIES.—A job shall not be created in a paragraph is— than 90 days after a participant becomes em- promotional line that will infringe in any ‘‘(i) 1⁄4 for fiscal year 1998; ployed, and, at the option of the State, the way upon the promotional opportunities of March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3745 persons employed in jobs not subsidized ‘‘(I) presently employed worker if the par- as amended by subsection (a)(1), is amended under this subsection. ticipant is in a program established under by inserting after ‘‘same conditions’’ the fol- ‘‘(D) MAXIMUM PERIOD OF SUBSIDIZED EM- section 482(e); lowing: ‘‘(except as provided in paragraph PLOYMENT AT SAME POSITION.—The jobs cre- ‘‘(II) employee who recently resigned or (5)(A))’’. ation and work experience program shall not was discharged; (c) EXTENSION OF COVERAGE FOR LOW-IN- permit an individual to remain in the pro- ‘‘(III) employee who— COME CHILDREN.—Section 1925(b) of such Act gram for more than 24 months. ‘‘(aa) is the subject of a reduction in force; (42 U.S.C. 1396r–6(b)) is amended by adding at ‘‘(E) MINIMUM WAGE REQUIREMENT.—An in- or the end the following new paragraph: dividual participating in the jobs creation ‘‘(bb) has recall rights pursuant to a collec- ‘‘(6) EXTENSION OF COVERAGE FOR LOW-IN- and work experience program may not be re- tive bargaining agreement or applicable per- COME CHILDREN.— quired to accept any employment if the wage sonnel procedures; ‘‘(A) IN GENERAL.—Notwithstanding any rate for such employment does not equal or ‘‘(IV) employee who is on leave (terminal, other provision of this title, each State plan exceed the minimum wage rate then in effect temporary, vacation, emergency, or sick); or approved under this title shall provide that under section 6 of the Fair Labor Standards ‘‘(V) employee who is on strike or is being the State shall offer (in the last month of Act of 1938. locked out. the third additional extension period pro- ‘‘(c)(1) Sections 142(a), 143(a)(4), 143(a)(5), ‘‘(3) WAGES TREATED AS EARNED INCOME.— vided under paragraph (1)) to each eligible and 143(c)(2) of the Job Training Partnership Wages paid under a program established low-income child who has received assist- Act shall apply to employment provided under this subsection shall be considered to ance pursuant to this section during each of through any program established under sec- be earned income for purposes of any provi- the 6-month periods described in subsection tion 482 of this Act. sion of law. (a) and paragraph (1) the option of coverage ‘‘(2) Sections 130(f) and 176(f) of the Na- ‘‘(4) PRESERVATION OF ELIGIBILITY FOR under the State plan, in the same manner tional and Community Service Act of 1990 CHILD CARE ASSISTANCE AND MEDICAID BENE- shall apply to employment provided through and under the same conditions as the option FITS.—Any individual who becomes ineligible any program established under section 482 of of extending coverage under paragraph (1) for to receive aid under a State plan approved this Act. the second and third additional extension pe- under part A by reason of income from em- ‘‘(d)(1) A participant in a program estab- riods provided under such paragraph. ployment provided under a program estab- lished under subsection (e) of section 482 may ‘‘(B) ELIGIBLE LOW-INCOME CHILD DEFINED.— lished under this subsection to the caretaker not be assigned to fill any established un- In subparagraph (A), the term ‘eligible low- relative of the family of which the individual filled position vacancy. income child’ means an individual who has is a member shall for purposes of eligibility ‘‘(2)(A) A program established under sec- not attained 18 years of age and whose fam- for child care benefits under section tion 482 may not be used to assist, promote, ily income does not exceed 200 percent of the 402(g)(1)(A)(i) and for purposes of eligibility or deter union organizing. official poverty line (as defined by the Office for medical assistance under the State plan ‘‘(B) A program established under section of Management and Budget, and revised an- approved under title XIX, be considered to be 482 may not be used to impair existing con- nually in accordance with section 673(2) of receiving such aid for so long as the sub- tracts for services or collective bargaining the Omnibus Budget Reconciliation Act of sidized employment provided to the individ- agreements.’’. 1981) applicable to a family of the size in- ual under this subsection continues.’’. TITLE II—MAKING WORK PAY volved.’’. (d) EFFECTIVE DATE.—The amendments SEC. 113. PROVISIONS GENERALLY APPLICABLE SEC. 201. TRANSITIONAL MEDICAID BENEFITS. made by this section shall apply to calendar TO THE JOBS PROGRAM. (a) EXTENSION OF MEDICAID ENROLLMENT quarters beginning on or after October 1, Section 484 (42 U.S.C. 684) is amended by FOR FORMER AFDC RECIPIENTS FOR 1 ADDI- 1996, without regard to whether or not final striking subsections (b), (c), and (d) and in- TIONAL YEAR.— regulations to carry out such amendments serting the following: (1) IN GENERAL.—Section 1925(b)(1) (42 have been promulgated by such date. ‘‘(b)(1)(A) Funds provided for a program es- U.S.C. 1396r–6(b)(1)) is amended by striking tablished under section 482 may be used only the period at the end and inserting the fol- SEC. 202. TEMPORARY EXCLUSION OF EARNED for programs that do not duplicate any em- lowing: ‘‘, and that the State shall offer to INCOME FOR PURPOSES OF DETER- ployment activity otherwise available in the each such family the option of extending MINING RENT PAID FOR UNITS IN locality of the program. coverage under this subsection for any of the FEDERALLY ASSISTED HOUSING. ‘‘(B) Funds provided for a program estab- first 2 succeeding 6-month periods, in the (a) IN GENERAL.—Notwithstanding any lished under section 482 shall not be paid to same manner and under the same conditions other provision of law, the amount of rent a private entity to conduct activities that as the option of extending coverage under payable by a qualified family for a qualified are the same or substantially equivalent to this subsection for the first succeeding 6- dwelling unit may not be increased because activities provided by a State in which the month period.’’. of the increased income due to the employ- entity is located or by an agency of local (2) CONFORMING AMENDMENTS.—Section ment referred to in subsection (b)(2)(A) for government with jurisdiction over the local- 1925(b) (42 U.S.C. 1396r–6(b)) is amended— the period that begins upon the commence- ity in which the entity is located, unless the (A) in the heading, by striking ‘‘EXTEN- ment of such employment and ends— requirements of paragraph (2) are met. SION’’ and inserting ‘‘EXTENSIONS’’; (A) 24 months thereafter, or (B) in the heading of paragraph (1), by ‘‘(2)(A) An employer shall not displace an (B) upon the first date after the commence- striking ‘‘REQUIREMENT’’ and inserting ‘‘IN employee or position, including partial dis- ment of such employment that the income of GENERAL’’; placement such as reduction in hours, wages, the family exceeds 200 percent of the official (C) in paragraph (2)(B)(ii)— or employment benefits, as a result of the poverty line (as defined by the Office of Man- (i) in the heading, by striking ‘‘PERIOD’’ use by the employer of a participant in a agement and Budget and revised periodically and inserting ‘‘PERIODS’’, and in accordance with section 673(2) of the Om- program established under section 482. (ii) by striking ‘‘in the period’’ and insert- ‘‘(B) No work assignment under a program nibus Budget Reconciliation Act of 1981) ap- ing ‘‘in each of the 6-month periods’’; plicable to a family of the size involved, established under section 482 shall result in (D) in paragraph (3)(A), by striking ‘‘the 6- whichever occurs first. any infringement of the promotional oppor- month period’’ and inserting ‘‘any 6-month (b) DEFINITIONS.—For purposes of this sec- tunities of any employed individual. period’’; tion, the following definitions shall apply: ‘‘(C)(i) A participant in a program estab- (E) in paragraph (4)(A), by striking ‘‘the (1) QUALIFIED DWELLING UNIT.—The term lished under section 482(e) shall not perform extension period’’ and inserting ‘‘any exten- ‘‘qualified dwelling unit’’ means a dwelling any services or duties or engage in activities sion period’’; and that would otherwise be performed by an em- (F) in paragraph (5)(D)(i), by striking ‘‘is a unit— ployee as part of the assigned duties of the 3-month period’’ and all that follows and in- (A) for which assistance is provided by the employee. serting the following: ‘‘is, with respect to a Secretary of Housing and Urban Develop- ‘‘(ii) A participant in a program estab- particular 6-month additional extension pe- ment in the form of any grant, contract, lished under section 482 shall not perform riod provided under this subsection, a 3- loan, loan guarantee, cooperative agreement, any services or duties or engage in activities month period beginning with the first or rental assistance payment, interest subsidy, that— fourth month of such extension period.’’. insurance, or direct appropriation, or that is ‘‘(I) will supplant the hiring of employed (b) IMPOSITION OF PREMIUM PERMITTED located in a project for which such assist- workers; or ONLY DURING ADDITIONAL EXTENSION PERI- ance is provided; and ‘‘(II) are services, duties or activities with ODS.— (B) for which the amount of rent paid by respect to which an individual has recall (1) IN GENERAL.—Section 1925(b)(5)(A) of the occupying family is limited, restricted, rights pursuant to a collective bargaining such Act (42 U.S.C. 1396r–6(b)(5)(A)) is amend- or determined under law or regulation based agreement or applicable personnel proce- ed by striking ‘‘(D)(i)),’’ and inserting on the income of the family. dures. ‘‘(D)(i)) occurring during the second or third (2) QUALIFIED FAMILY.—The term ‘‘quali- ‘‘(iii) A participant in a program estab- additional extension period provided under fied family’’ means a family— lished under section 482 shall not perform this subsection,’’. (A) whose income increases as a result of services or duties that have been performed (2) CONFORMING AMENDMENT.—Section employment of a member of the family who by or were assigned to any— 1925(b)(1) of such Act (42 U.S.C. 1396r–6(b)(1)), was previously unemployed; and H 3746 CONGRESSIONAL RECORD — HOUSE March 24, 1995 (B) who was receiving aid to families with ‘‘(II) (on and after October 1, 1998) each were made by the absent parent in the dependent children under a State plan ap- child with respect to whom a support order month when due; proved under part A of title IV of the Social is recorded in the central State case registry and shall be paid to the family without af- Security Act immediately before such em- established under section 454A, regardless of fecting its eligibility for assistance or de- ployment. whether application is made for services creasing any amount otherwise payable as SEC. 203. CONTINUATION OF FOOD STAMP BENE- under this part; and assistance to such family during such FITS. ‘‘(B) to enforce the support obligation es- month;’’; (a) AMENDMENT.—Section 5(c) of the Food tablished with respect to the custodial par- (B) in paragraph (4), by striking ‘‘or (B)’’ ent of a child described in subparagraph (A) Stamp Act of 1977 (7 U.S.C. 2014(c)) is amend- and all that follows and inserting ‘‘; then (B) unless the parties to the order which estab- ed by adding at the end the following: from any remainder, amounts equal to ar- lishes the support obligation have opted, in ‘‘Notwithstanding any other provision of rearages of such support obligations as- accordance with section 466(a)(12)(C), for an this subsection, in the case of a household signed, pursuant to part A, to any other alternative payment procedure.’’; and that receives benefits under part A of title State or States shall be paid to such other (2) in paragraph (6)— IV of the Social Security Act and whose in- (A) by striking subparagraph (A) and in- State or States and used to any such arrear- come increases because a member of such serting the following: ages (with appropriate reimbursement of the household obtains employment, the earned ‘‘(A) services under the State plan shall be Federal Government to the extent of its par- income from such employment shall be ex- made available to nonresidents on the same ticipation in the financing); and then (C) any cluded during a 2-year period for purposes of terms as to residents;’’; remainder shall be paid to the family.’’. determining eligibility under such standards (B) in subparagraph (B)— (3) by inserting after subsection (a), as re- unless the aggregate income of such house- (i) by inserting ‘‘on individuals not receiv- designated, the following new subsection: hold exceeds the poverty line by more than ing assistance under part A’’ after ‘‘such ‘‘(b) ALTERNATIVE DISTRIBUTION IN CASE OF 200 percent.’’. services shall be imposed’’; and FAMILY RECEIVING AFDC.—In the case of a (b) APPLICATION OF AMENDMENT.—The (ii) by inserting ‘‘but no fees or costs shall State electing the option under this sub- amendment made by subsection (a) shall not be imposed on any absent or custodial parent section, amounts collected as described in apply with respect to certification periods or other individual for inclusion in the subsection (a) shall be distributed as follows: beginning before the date of the enactment central State registry maintained pursuant ‘‘(1) an amount equal to the amount that of this Act. to section 454A(e)’’; and will be disregarded pursuant to section TITLE III—IMPROVING CHILD SUPPORT (C) in each of subparagraphs (B), (C), and 402(a)(8)(A)(vi) shall be taken from each of— ENFORCEMENT (D)— ‘‘(A) amounts received in a month which Subtitle A—Eligibility and Other Matters (i) by indenting such subparagraph and represent payments for that month; and Concerning Title IV–D Program Clients aligning its left margin with the left margin ‘‘(B) amounts received in a month which of subparagraph (A); and represent payments for a prior month which SEC. 301. STATE OBLIGATION TO PROVIDE PA- were made by the absent parent in the TERNITY ESTABLISHMENT AND (ii) by striking the final comma and insert- CHILD SUPPORT ENFORCEMENT ing a semicolon. month when due; SERVICES. (c) CONFORMING AMENDMENTS.— and shall be paid to the family without af- (a) STATE LAW REQUIREMENTS.—Section (1) Section 452(g)(2)(A) (42 U.S.C. fecting its eligibility for assistance or de- 466(a) (42 U.S.C. 666(a)) is amended by adding 652(g)(2)(A)) is amended by striking ‘‘454(6)’’ creasing any amount otherwise payable as at the end the following new paragraph: each place it appears and inserting assistance to such family during such ‘‘(12) USE OF CENTRAL CASE REGISTRY AND ‘‘454(4)(A)(ii)’’. month; CENTRALIZED COLLECTIONS UNIT.—Procedures (2) Section 454(23) (42 U.S.C. 654(23)) is ‘‘(2) second, from any remainder, amounts under which— amended, effective October 1, 1998, by strik- equal to the balance of support owed for the ‘‘(A) every child support order established ing ‘‘information as to any application fees current month shall be paid to the family; or modified in the State on or after October for such services and’’. ‘‘(3) third, from any remainder, amounts 1, 1998, is recorded in the central case reg- (3) Section 466(a)(3)(B) (42 U.S.C. equal to arrearages of such support obliga- istry established in accordance with section 666(a)(3)(B)) is amended by striking ‘‘in the tions assigned, pursuant to part A, to the 454A(e); and case of overdue support which a State has State making the collection shall be re- ‘‘(B) child support payments are collected agreed to collect under section 454(6)’’ and tained and used by such State to pay any through the centralized collections unit es- inserting ‘‘in any other case’’. such arrearages (with appropriate reimburse- tablished in accordance with section 454B— (4) Section 466(e) (42 U.S.C. 666(e)) is ment of the Federal Government to the ex- ‘‘(i) on and after October 1, 1998, under each amended by striking ‘‘or (6)’’. tent of its participation in the financing); order subject to wage withholding under sec- SEC. 302. DISTRIBUTION OF PAYMENTS. ‘‘(4) fourth, from any remainder, amounts tion 466(b); and (a) DISTRIBUTIONS THROUGH STATE CHILD equal to arrearages of such support obliga- ‘‘(ii) on and after October 1, 1999, under SUPPORT ENFORCEMENT AGENCY TO FORMER tions assigned, pursuant to part A, to any each other order required to be recorded in ASSISTANCE RECIPIENTS.—Section 454(5) (42 other State or States shall be paid to such such central case registry under this para- U.S.C. 654(5)) is amended— other State or States and used to pay any graph or section 454A(e), except as provided (1) in subparagraph (A)— such arrearages (with appropriate reimburse- in subparagraph (C); and (A) by inserting ‘‘except as otherwise spe- ment of the Federal Government to the ex- ‘‘(C)(i) parties subject to a child support cifically provided in section 464 or 466(a)(3),’’ tent of its participation in the financing); order described in subparagraph (B)(ii) may after ‘‘is effective,’’; and and opt out of the procedure for payment of sup- (B) by striking ‘‘except that’’ and all that ‘‘(5) fifth, any remainder shall be paid to port through the centralized collections unit follows through the semicolon; and the family.’’. (but not the procedure for inclusion in the (2) in subparagraph (B), by striking ‘‘, ex- (c) DISTRIBUTION TO A FAMILY NOT RECEIV- central case registry) by filing with State cept’’ and all that follows through ‘‘medical ING AFDC.— agency a written agreement, signed by both assistance’’. (1) IN GENERAL.—Section 457(c) (42 U.S.C. parties, to an alternative payment proce- (b) DISTRIBUTION TO A FAMILY CURRENTLY 657(c)) is amended to read as follows: dure; and RECEIVING AFDC.—Section 457 (42 U.S.C. 657) ‘‘(c) IN CASE OF FAMILY NOT RECEIVING ‘‘(ii) an agreement described in clause (i) is amended— AFDC.—Amounts collected by a State agen- becomes void whenever either party advises (1) by striking subsection (a) and redesig- cy under this part during any month as sup- the State agency of an intent to vacate the nating subsection (b) as subsection (a); port of a child who is not receiving assist- agreement.’’. (2) in subsection (a), as redesignated— ance under part A (or of a parent or care- (b) STATE PLAN REQUIREMENTS.—Section (A) in the matter preceding paragraph (2), taker relative of such a child) shall (subject 454 (42 U.S.C. 654) is amended— to read as follows: to the remaining provisions of this section) (1) by striking paragraph (4) and inserting ‘‘(a) IN THE CASE OF A FAMILY RECEIVING be distributed as follows: the following: AFDC.—Amounts collected under this part ‘‘(1) first, amounts equal to the total of ‘‘(4) provide that such State will under- during any month as support of a child who such support owed for such month shall be take— is receiving assistance under part A (or a paid to the family; ‘‘(A) to provide appropriate services under parent or caretaker relative of such a child) ‘‘(2) second, from any remainder, amounts this part to— shall (except in the case of a State exercising equal to arrearages of such support obliga- ‘‘(i) each child with respect to whom an as- the option under subsection (b)) be distrib- tions for months during which such child did signment is effective under section 402(a)(26), uted as follows: not receive assistance under part A shall be 471(a)(17), or 1912 (except in cases where the ‘‘(1) an amount equal to the amount that paid to the family; State agency determines, in accordance with will be disregarded pursuant to section ‘‘(3) third, from any remainder, amounts paragraph (25), that it is against the best in- 402(a)(8)(A)(vi) shall be taken from each of— equal to arrearages of such support obliga- terests of the child to do so); and ‘‘(A) amounts received in a month which tions assigned to the State making the col- ‘‘(ii) each child not described in clause (i)— represent payments for that month; and lection pursuant to part A shall be retained ‘‘(I) with respect to whom an individual ap- ‘‘(B) amounts received in a month which and used by such State to pay any such ar- plies for such services; and represent payments for a prior month which rearages (with appropriate reimbursement of March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3747 the Federal Government to the extent of its or (in the case of a petition for modification) succeeding fiscal year, reduced by the per- participation in the financing); a notice of determination that there should centage specified for such fiscal year under ‘‘(4) fourth, from any remainder, amounts be no change in the amount of the child sup- subsection (a)(2) (A), (B), or (C)(i), shall not equal to arrearages of such support obliga- port award, within 14 days after issuance of be less than such total expenditures for fis- tions assigned to any other State pursuant such order or determination; cal year 1996, reduced by 66 percent.’’. to part A shall be paid to such other State or ‘‘(B) individuals applying for or receiving States, and used to pay such arrearages, in services under this part have access to a fair SEC. 312. PERFORMANCE-BASED INCENTIVES the order in which such arrearages accrued hearing that meets standards established by AND PENALTIES. (with appropriate reimbursement of the Fed- the Secretary and ensures prompt consider- (a) INCENTIVE ADJUSTMENTS TO FEDERAL eral Government to the extent of its partici- ation and resolution of complaints (but the MATCHING RATE.—Section 458 (42 U.S.C. 658) pation in the financing).’’. resort to such procedure shall not stay the is amended to read as follows: (2) EFFECTIVE DATE.—The amendment enforcement of any support order); and ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE made by paragraph (1) shall take effect on ‘‘(C)(i) individuals adversely affected by October 1, 1999. the establishment or modification of (or, in ‘‘SEC. 458. (a) INCENTIVE ADJUSTMENT.— (d) DISTRIBUTION TO A CHILD RECEIVING AS- the case of a petition for modification, the ‘‘(1) IN GENERAL.—In order to encourage SISTANCE UNDER TITLE IV–E.—Section 457(d) determination that there should be no and reward State child support enforcement (42 U.S.C. 657(d)) is amended, in the matter change in) a child support order shall be af- programs which perform in an effective man- preceding paragraph (1), by striking ‘‘Not- forded not less than 30 days after the receipt ner, the Federal matching rate for payments withstanding the preceding provisions of this of the order or determination to initiate pro- to a State under section 455(a)(1)(A), for each section, amounts’’ and inserting the follow- ceedings to challenge such order or deter- fiscal year beginning on or after October 1, ing: mination; and 1998, shall be increased by a factor reflecting ‘‘(d) IN CASE OF A CHILD RECEIVING ASSIST- ‘‘(ii) the State may not provide to any the sum of the applicable incentive adjust- ANCE UNDER TITLE IV–E.—Amounts’’. noncustodial parent of a child representation ments (if any) determined in accordance (e) REGULATIONS.—The Secretary of Health relating to the establishment or modifica- with regulations under this section with re- and Human Services shall promulgate regu- tion of an order for the payment of child sup- spect to Statewide paternity establishment lations— port with respect to that child, unless the and to overall performance in child support (1) under part D of title IV of the Social State makes provision for such representa- enforcement. Security Act, establishing a uniform nation- tion outside the State agency;’’. ‘‘(2) STANDARDS.— wide standard for allocation of child support (b) EFFECTIVE DATE.—The amendment ‘‘(A) IN GENERAL.—The Secretary shall collections from an obligor owing support to made by subsection (a) shall become effec- specify in regulations— more than one family; and tive on October 1, 1997. ‘‘(i) the levels of accomplishment, and (2) under part A of such title, establishing SEC. 304. PRIVACY SAFEGUARDS. rates of improvement as alternatives to such standards applicable to States electing the (a) STATE PLAN REQUIREMENT.—Section 454 levels, which States must attain to qualify alternative formula under section 457(b) of (42 U.S.C. 454) is amended— for incentive adjustments under this section; such Act for distribution of collections on (1) by striking ‘‘and’’ at the end of para- and behalf of families receiving Aid to Families graph (23); ‘‘(ii) the amounts of incentive adjustment with Dependent Children, designed to mini- (2) by striking the period at the end of that shall be awarded to States achieving mize irregular monthly payments to such paragraph (24) and inserting ‘‘; and’’; and specified accomplishment or improvement families. (3) by adding after paragraph (24) the fol- levels, which amounts shall be graduated, LERICAL AMENDMENT.—Section 454 (42 (f) C lowing: ranging up to— U.S.C. 654) is amended— ‘‘(25) will have in effect safeguards applica- ‘‘(I) 5 percentage points, in connection (1) in paragraph (11), by striking ‘‘(11)’’ and ble to all sensitive and confidential informa- with Statewide paternity establishment; and inserting ‘‘(11)(A)’’; and tion handled by the State agency designed to ‘‘(II) 10 percentage points, in connection (2) by redesignating paragraph (12) as sub- protect the privacy rights of the parties, in- with overall performance in child support paragraph (B) of paragraph (11). cluding— enforcement. (g) MANDATORY CHILD SUPPORT PASS- ‘‘(A) safeguards against unauthorized use ‘‘(B) LIMITATION.—In setting performance THROUGH.— or disclosure of information relating to pro- standards pursuant to subparagraph (A)(i) (1) IN GENERAL.—Section 402(a)(8)(A)(vi) (42 ceedings or actions to establish paternity, or and adjustment amounts pursuant to sub- U.S.C. 602(a)(8)(A)(vi)) is amended— (A) by striking ‘‘$50’’ each place such term to establish or enforce support; paragraph (A)(ii), the Secretary shall ensure appears and inserting ‘‘$50, or, if greater, $50 ‘‘(B) prohibitions on the release of informa- that the aggregate number of percentage adjusted by the CPI (as prescribed in section tion on the whereabouts of one party to an- point increases as incentive adjustments to 406(i));’’; and other party against whom a protective order all States do not exceed such aggregate in- (B) by striking the semicolon at the end with respect to the former party has been en- creases as assumed by the Secretary in esti- and inserting ‘‘or, in lieu of each dollar tered; and mates of the cost of this section as of June amount specified in this clause, such greater ‘‘(C) prohibitions on the release of informa- 1995, unless the aggregate performance of all amount as the State may choose (and pro- tion on the whereabouts of one party to an- States exceeds the projected aggregate per- vide for in its State plan);’’. other party if the State has reason to believe formance of all States in such cost esti- (2) CPI ADJUSTMENT.—Section 406 (42 U.S.C. that the release of the information may re- mates. 606) is amended by adding at the end the fol- sult in physical or emotional harm to the ‘‘(3) DETERMINATION OF INCENTIVE ADJUST- lowing: former party.’’. MENT.—The Secretary shall determine the ‘‘(i) For purposes of this part, an amount is (b) EFFECTIVE DATE.—The amendment amount (if any) of incentive adjustment due ‘adjusted by the CPI’ for any month in a cal- made by subsection (a) shall become effec- each State on the basis of the data submit- endar year by multiplying the amount in- tive on October 1, 1997. ted by the State pursuant to section volved by the ratio of— Subtitle B—Program Administration and 454(15)(B) concerning the levels of accom- ‘‘(1) the Consumer Price Index (as prepared Funding plishment (and rates of improvement) with by the Department of Labor) for the third SEC. 311. FEDERAL MATCHING PAYMENTS. respect to performance indicators specified quarter of the preceding calendar year, to (a) INCREASED BASE MATCHING RATE.—Sec- by the Secretary pursuant to this section. ‘‘(2) such Consumer Price Index for the tion 455(a)(2) (42 U.S.C. 655(a)(2)) is amended ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD- third quarter of calendar year 1996, to read as follows: JUSTMENT.—The total percentage point in- and rounding the product, if not a multiple ‘‘(2) The applicable percent for a quarter crease determined pursuant to this section of $10, to the nearer multiple of $10.’’. for purposes of paragraph (1)(A) is— with respect to a State program in a fiscal SEC. 303. DUE PROCESS RIGHTS. ‘‘(A) for fiscal year 1997, 69 percent, year shall apply as an adjustment to the ap- (a) IN GENERAL.—Section 454 (42 U.S.C. 654), ‘‘(B) for fiscal year 1998, 72 percent, and plicable percent under section 455(a)(2) for as amended by section 102(f) of this Act, is ‘‘(C) for fiscal year 1999 and succeeding fis- payments to such State for the succeeding amended by inserting after paragraph (11) cal years, 75 percent.’’. fiscal year. the following new paragraph: (b) MAINTENANCE OF EFFORT.—Section 455 ‘‘(5) RECYCLING OF INCENTIVE ADJUST- ‘‘(12) provide for procedures to ensure (42 U.S.C. 655) is amended— MENT.—A State shall expend in the State that— (1) in subsection (a)(1), in the matter pre- program under this part all funds paid to the ‘‘(A) individuals who are applying for or re- ceding subparagraph (A), by striking ‘‘From’’ State by the Federal Government as a result ceiving services under this part, or are par- and inserting ‘‘Subject to subsection (c), of an incentive adjustment under this sec- ties to cases in which services are being pro- from’’; and tion. vided under this part— (2) by inserting after subsection (b) the fol- ‘‘(b) MEANING OF TERMS.—For purposes of ‘‘(i) receive notice of all proceedings in lowing new subsection: this section— which support obligations might be estab- ‘‘(c) MAINTENANCE OF EFFORT.—Notwith- ‘‘(1) the term ‘Statewide paternity estab- lished or modified; and standing the provisions of subsection (a), lishment percentage’ means, with respect to ‘‘(ii) receive a copy of any order establish- total expenditures for the State program a fiscal year, the ratio (expressed as a per- ing or modifying a child support obligation, under this part for fiscal year 1997 and each centage) of— H 3748 CONGRESSIONAL RECORD — HOUSE March 24, 1995

‘‘(A) the total number of out-of-wedlock (A) by striking subparagraph (A) and redes- (1) INCENTIVE ADJUSTMENTS.— children in the State under one year of age ignating subparagraphs (B) and (C) as sub- (A) The amendments made by subsections for whom paternity is established or ac- paragraphs (A) and (B), respectively; (a), (b), and (c) shall become effective Octo- knowledged during the fiscal year, to (B) in subparagraph (A), as redesignated, ber 1, 1997, except to the extent provided in ‘‘(B) the total number of children born out by striking ‘‘the percentage of children born subparagraph (B). of wedlock in the State during such fiscal out-of-wedlock in the State’’ and inserting (B) Section 458 of the Social Security Act, year; and ‘‘the percentage of children in the State who as in effect prior to the enactment of this ‘‘(2) the term ‘overall performance in child are born out of wedlock or for whom support section, shall be effective for purposes of in- support enforcement’ means a measure or has not been established’’; and centive payments to States for fiscal years measures of the effectiveness of the State (C) in subparagraph (B), as redesignated— prior to fiscal year 1999. agency in a fiscal year which takes into ac- (i) by inserting ‘‘and overall performance (2) PENALTY REDUCTIONS.— count factors including— in child support enforcement’’ after ‘‘pater- (A) The amendments made by subsection ‘‘(A) the percentage of cases requiring a nity establishment percentages’’; and (d) shall become effective with respect to child support order in which such an order (ii) by inserting ‘‘and securing support’’ be- calendar quarters beginning on and after the was established; fore the period. date of enactment of this Act. ‘‘(B) the percentage of cases in which child (e) REDUCTION OF PAYMENTS UNDER PART D (B) The amendments made by subsection support is being paid; OF TITLE IV.— (e) shall become effective with respect to cal- ‘‘(C) the ratio of child support collected to (1) NEW REQUIREMENTS.—Section 455 (42 endar quarters beginning on and after the child support due; and U.S.C. 655) is amended by inserting after sub- date one year after the date of enactment of ‘‘(D) the cost-effectiveness of the State section (b) the following: this Act. program, as determined in accordance with ‘‘(c)(1) If the Secretary finds, with respect standards established by the Secretary in to a State program under this part in a fiscal SEC. 313. FEDERAL AND STATE REVIEWS AND AU- regulations.’’. year beginning on or after October 1, 1997— DITS. (b) ADJUSTMENT OF PAYMENTS UNDER PART ‘‘(A)(i) on the basis of data submitted by a (a) STATE AGENCY ACTIVITIES.—Section 454 D OF TITLE IV.—Section 455(a)(2) (42 U.S.C. State pursuant to section 454(15)(B), that the (42 U.S.C. 654) is amended— 655(a)(2)), as amended by section 111(a) of State program in such fiscal year failed to (1) in paragraph (14), by striking ‘‘(14)’’ and this Act, is amended— achieve the IV–D paternity establishment insert ‘‘(14)(A)’’; (1) by striking the period at the end of sub- percentage (as defined in section 452(g)(2)(A)) (2) by redesignating paragraph (15) as sub- paragraph (C)(ii) and inserting a comma; and or the appropriate level of overall perform- paragraph (B) of paragraph (14); and (2) by adding after and below subparagraph ance in child support enforcement (as de- (3) by inserting after paragraph (14) the fol- (C), flush with the left margin of the sub- fined in section 458(b)(2)), or to meet other lowing new paragraph: section, the following: performance measures that may be estab- ‘‘(15) provide for— ‘‘increased by the incentive adjustment fac- lished by the Secretary, or ‘‘(A) a process for annual reviews of and re- tor (if any) determined by the Secretary pur- ‘‘(ii) on the basis of an audit or audits of ports to the Secretary on the State program suant to section 458.’’. such State data conducted pursuant to sec- under this part, which shall include such in- (c) CONFORMING AMENDMENTS.—Section tion 452(a)(4)(C), that the State data submit- formation as may be necessary to measure 454(22) (42 U.S.C. 654(22)) is amended— ted pursuant to section 454(15)(B) is incom- State compliance with Federal requirements (1) by striking ‘‘incentive payments’’ the plete or unreliable; and for expedited procedures and timely case first place it appears and inserting ‘‘incen- ‘‘(B) that, with respect to the succeeding processing, using such standards and proce- tive adjustments’’; and fiscal year— dures as are required by the Secretary, under (2) by striking ‘‘any such incentive pay- ‘‘(i) the State failed to take sufficient cor- which the State agency will determine the ments made to the State for such period’’ rective action to achieve the appropriate extent to which such program is in conform- and inserting ‘‘any increases in Federal pay- performance levels as described in subpara- ity with applicable requirements with re- ments to the State resulting from such in- graph (A)(i) of the paragraph, or spect to the operation of State programs centive adjustments’’. ‘‘(ii) the data submitted by the State pur- under this part (including the status of com- (d) CALCULATION OF IV–D PATERNITY ES- suant to section 454(15)(B) is incomplete or plaints filed under the procedure required TABLISHMENT PERCENTAGE.—(1) Section unreliable, under paragraph (12)(B)); and 452(g)(1) (42 U.S.C. 652(g)(1)) is amended in the amounts otherwise payable to the State ‘‘(B) a process of extracting from the State the matter preceding subparagraph (A) by in- automated data processing system and serting ‘‘its overall performance in child sup- under this part for quarters following the transmitting to the Secretary data and cal- port enforcement is satisfactory (as defined end of such succeeding fiscal year, prior to culations concerning the levels of accom- in section 458(b) and regulations of the Sec- quarters following the end of the first quar- plishment (and rates of improvement) with retary), and’’ after ‘‘1994,’’. ter throughout which the State program is respect to applicable performance indicators (2) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is in compliance with such performance re- amended— quirement, shall be reduced by the percent- (including IV–D paternity establishment per- (A) in subparagraph (A), in the matter pre- age specified in paragraph (2). centages and overall performance in child ceding clause (i)— ‘‘(2) The reductions required under para- support enforcement) to the extent nec- (i) by striking ‘‘paternity establishment graph (1) shall be— essary for purposes of sections 452(g) and percentage’’ and inserting ‘‘IV–D paternity ‘‘(A) not less than 6 nor more than 8 per- 458.’’. establishment percentage’’; and cent, or (b) FEDERAL ACTIVITIES.—Section 452(a)(4) (ii) by striking ‘‘(or all States, as the case ‘‘(B) not less than 8 nor more than 12 per- (42 U.S.C. 652(a)(4)) is amended to read as fol- may be)’’; cent, if the finding is the second consecutive lows: (B) in subparagraph (A)(i), by striking finding made pursuant to paragraph (1), or ‘‘(4)(A) review data and calculations trans- ‘‘during the fiscal year’’; ‘‘(C) not less than 12 nor more than 15 per- mitted by State agencies pursuant to section (C) in subparagraph (A)(ii)(I), by striking cent, if the finding is the third or a subse- 454(15)(B) on State program accomplish- ‘‘as of the end of the fiscal year’’ and insert- quent consecutive such finding. ments with respect to performance indica- ing ‘‘in the fiscal year or, at the option of ‘‘(3) For purposes of this subsection, sec- tors for purposes of section 452(g) and 458, the State, as of the end of such year’’; tion 402(a)(27), and section 452(a)(4), a State and determine the amount (if any) of penalty (D) in subparagraph (A)(ii)(II), by striking which is determined as a result of an audit reductions pursuant to section 455(c) to be ‘‘or (E) as of the end of the fiscal year’’ and to have submitted incomplete or unreliable applied to the State; inserting ‘‘in the fiscal year or, at the option data pursuant to section 454(15)(B), shall be ‘‘(B) review annual reports by State agen- of the State, as of the end of such year’’; determined to have submitted adequate data cies pursuant to section 454(15)(A) on State (E) in subparagraph (A)(iii)— if the Secretary determines that the extent program conformity with Federal require- (i) by striking ‘‘during the fiscal year’’; of the incompleteness or unreliability of the ments; evaluate any elements of a State pro- and data is of a technical nature which does not gram in which significant deficiencies are in- (ii) by striking ‘‘and’’ at the end; and adversely affect the determination of the dicated by such report on the status of com- (F) in the matter following subparagraph level of the State’s performance.’’. plaints under the State procedure under sec- (A)— (2) CONFORMING AMENDMENTS.— tion 454(12)(B); and, as appropriate, provide (i) by striking ‘‘who were born out of wed- (A) Section 403 (42 U.S.C. 603) is amended to the State agency comments, recommenda- lock during the immediately preceding fiscal by striking subsection (h). tions for additional or alternative corrective year’’ and inserting ‘‘born out of wedlock’’; (B) Section 452(a)(4) (42 U.S.C. 652(a)(4)) is actions, and technical assistance; and (ii) by striking ‘‘such preceding fiscal amended by striking ‘‘403(h)’’ each place ‘‘(C) conduct audits, in accordance with year’’ both places it appears and inserting such term appears and inserting ‘‘455(c)’’. the government auditing standards of the ‘‘the preceding fiscal year’’; and (C) Subsections (d)(3)(A), (g)(1), and United States Comptroller General— (iii) by striking ‘‘or (E)’’ the second place (g)(3)(A) of section 452 (42 U.S.C. 652) are each ‘‘(i) at least once every 3 years (or more it appears. amended by striking ‘‘403(h)’’ and inserting frequently, in the case of a State which fails (3) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is ‘‘455(c)’’. to meet requirements of this part, or of regu- amended— (f) EFFECTIVE DATES.— lations implementing such requirements, March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3749 concerning performance standards and reli- retary may specify relating to management ‘‘(A) by October 1, 1995, meeting all re- ability of program data) to assess the com- of the program under this part, including— quirements of this part which were enacted pleteness, reliability, and security of the ‘‘(1) controlling and accounting for use of on or before the date of enactment of the data, and the accuracy of the reporting sys- Federal, State, and local funds to carry out Family Support Act of 1988; and tems, used for the calculations of perform- such program; and ‘‘(B) by October 1, 1999, meeting all re- ance indicators specified in subsection (g) ‘‘(2) maintaining the data necessary to quirements of this part enacted on or before and section 458; meet Federal reporting requirements on a the date of enactment of this Act. ‘‘(ii) of the adequacy of financial manage- timely basis. (but this provision shall not be construed to ment of the State program, including assess- ‘‘(c) CALCULATION OF PERFORMANCE INDICA- alter earlier deadlines specified for elements ments of— TORS.—In order to enable the Secretary to of such system), except that such deadline ‘‘(I) whether Federal and other funds made determine the incentive and penalty adjust- shall be extended by 1 day for each day (if available to carry out the State program ments required by sections 452(g) and 458, the any) by which the Secretary fails to meet under this part are being appropriately ex- State agency shall— the deadline imposed by section 452(j);’’. pended, and are properly and fully accounted ‘‘(1) use the automated system— (b) SPECIAL FEDERAL MATCHING RATE FOR for; and ‘‘(A) to maintain the requisite data on DEVELOPMENT COSTS OF AUTOMATED SYS- ‘‘(II) whether collections and disburse- State performance with report to paternity TEMS.—Section 455(a) (42 U.S.C. 655(a)) is ments of support payments and program in- establishment and child support enforcement amended— come are carried out correctly and are prop- in the State; and (1) in paragraph (1)(B)— erly and fully accounted for; and ‘‘(B) to calculate the IV–D paternity estab- (A) by striking ‘‘90 percent’’ and inserting ‘‘(iii) for such other purposes as the Sec- lishment percentage and overall performance ‘‘the percent specified in paragraph (3)’’; retary may find necessary;’’. in child support enforcement for the State (B) by striking ‘‘so much of’’; and (c) EFFECTIVE DATE.—The amendments for each fiscal year; and (C) by striking ‘‘which the Secretary’’ and made by this section shall be effective with ‘‘(2) have in place systems controls to en- all that follows and inserting ‘‘, and’’; and respect to calendar quarters beginning on or sure the completeness, and reliability of, and (2) by adding at the end the following new after the date one year after enactment of ready access to, the data described in para- paragraph: this section. graph (1)(A), and the accuracy of the calcula- ‘‘(3)(A) The Secretary shall pay to each SEC. 314. REQUIRED REPORTING PROCEDURES. tions described in paragraph (1)(B). State, for each quarter in fiscal year 1996, 90 (a) ESTABLISHMENT.—Section 452(a)(5) (42 ‘‘(d) INFORMATION INTEGRITY AND SECU- percent of so much of State expenditures de- U.S.C. 652(a)(5)) is amended by inserting ‘‘, RITY.—The State agency shall have in effect scribed in subparagraph (1)(B) as the Sec- and establish procedures to be followed by safeguards on the integrity, accuracy, and retary finds are for a system meeting the re- States for collecting and reporting informa- completeness of, access to, and use of data in quirements specified in section 454(16), or tion required to be provided under this part, the automated system required under this meeting such requirements without regard and establish uniform definitions (including section, which shall include the following (in to clause (D) thereof. those necessary to enable the measurement addition to such other safeguards as the Sec- ‘‘(B)(i) The Secretary shall pay to each of State compliance with the requirements retary specifies in regulations): State, for each quarter in fiscal years 1997 of this part relating to expedited processes ‘‘(1) POLICIES RESTRICTING ACCESS.—Written through 2001, the percentage specified in and timely case processing) to be applied in policies concerning access to data by State clause (ii) of so much of State expenditures following such procedures’’ before the semi- agency personnel, and sharing of data with described in subparagraph (1)(B) as the Sec- colon. other persons, which— retary finds are for a system meeting the re- (b) STATE PLAN REQUIREMENT.—Section 454 ‘‘(A) permit access to and use of data only quirements specified in section 454(16) and (42 U.S.C. 654), as amended by section 104(a) to the extent necessary to carry out program 454A, subject to clause (iii). of this Act, is amended— responsibilities; ‘‘(ii) The percentage specified in this (1) by striking ‘‘and’’ at the end of para- ‘‘(B) specify the data which may be used clause, for purposes of clause (i), is the high- graph (24); for particular program purposes, and the per- er of— (2) by striking the period at the end of sonnel permitted access to such data; and ‘‘(I) 80 percent, or paragraph (25) and inserting ‘‘; and’’; and ‘‘(C) ensure that data obtained or disclosed ‘‘(II) the percentage otherwise applicable (3) by adding after paragraph (25) the fol- for a limited program purpose is not used or to Federal payments to the State under sub- lowing: redisclosed for another, impermissible pur- paragraph (A) (as adjusted pursuant to sec- ‘‘(26) provide that the State shall use the pose. tion 458).’’. definitions established under section 452(a)(5) ‘‘(2) SYSTEMS CONTROLS.—Systems controls (c) CONFORMING AMENDMENT.—Section in collecting and reporting information as (such as passwords or blocking of fields) to 123(c) of the Family Support Act of 1988 (102 required under this part.’’. ensure strict adherence to the policies speci- Stat. 2352; Public Law 100–485) is repealed. fied under paragraph (1). (d) ADDITIONAL PROVISIONS.—For addi- SEC. 315. AUTOMATED DATA PROCESSING RE- tional provisions of section 454A, as added by QUIREMENTS. ‘‘(3) MONTIORING OF ACCESS.—Routine mon- subsection (a) of this section, see the amend- (a) REVISED REQUIREMENTS.— itoring of access to and use of the automated ments made by sections 21, 322(c), and 333(d) (1) Section 454(16) (42 U.S.C. 654(16)) is system, through methods such as audit trails of this Act. amended— and feedback mechanism, to guard against (A) by striking ‘‘, at the option of the and promptly identify unauthorized access SEC. 316. DIRECTOR OF CSE PROGRAM; STAFFING State,’’; or use. STUDY. (B) by inserting ‘‘and operation by the ‘‘(4) TRAINING AND INFORMATION.—The (a) REPORTING TO SECRETARY.—Section State agency’’ after ‘‘for the establishment’’; State agency shall have in effect procedures 452(a) (42 U.S.C. 652(a)) is amended in the (C) by inserting ‘‘meeting the requirements to ensure that all personnel (including State matter preceding paragraph (1) by striking of section 454A’’ after ‘‘information retrieval and local agency staff and contractors) who ‘‘directly’’. system’’; may have access to or be required to use sen- (b) STAFFING STUDIES.— (D) by striking ‘‘in the State and localities sitive or confidential program data are fully (1) SCOPE.—The Secretary of Health and thereof, so as (A)’’ and inserting ‘‘so as’’; informed of applicable requirements and pen- Human Services shall, directly or by con- (E) by striking ‘‘(i)’’; and alties, and are adequately trained in security tract, conduct studies of the staffing of each (F) by striking ‘‘(including’’ and all that procedures. State child support enforcement program follows and inserting a semicolon. ‘‘(5) PENALTIES.—The State agency shall under part D of title IV of the Social Secu- (2) Part D of title IV (42 U.S.C. 651–669) is have in effect administrative penalties (up to rity Act. Such studies shall include a review amended by inserting after section 454 the and including dismissal from employment) of the staffing needs created by requirements following new section: for unauthorized access to, or disclosure or for automated data processing, maintenance use of, confidential data.’’. of a central case registry and centralized col- ‘‘AUTOMATED DATA PROCESSING (3) REGULATIONS.—Section 452 (42 U.S.C. lections of child support, and of changes in ‘‘SEC. 454A. (a) IN GENERAL.—In order to 652) is amended by adding at the end the fol- these needs resulting from changes in such meet the requirements of this section, for lowing: requirements. Such studies shall examine purposes of the requirement of section ‘‘(j) The Secretary shall prescribe final reg- and report on effective staffing practices 454(16), a State agency shall have in oper- ulations for implementation of the require- used by the States and on recommended ation a single statewide automated data ments of section 454A not later than 2 years staffing procedures. processing and information retrieval system after the date of enactment of this sub- (2) FREQUENCY OF STUDIES.—The Secretary which has the capability to perform the section.’’. shall complete the first staffing study re- tasks specified in this section, and perform (4) IMPLEMENTATION TIMETABLE.—Section quired under paragraph (1) by October 1, 1997, such tasks with the frequency and in the 454(24) (42 U.S.C. 654(24)), as amended by sec- and may conduct additional studies subse- manner specified in this part or in regula- tions 304(a)(2) and 314(b)(1) of this Act, is quently at appropriate intervals. tions or guidelines of the Secretary. amended to read as follows: (3) REPORT TO THE CONGRESS.—The Sec- ‘‘(b) PROGRAM MANAGEMENT.—The auto- ‘‘(24) provide that the State will have in ef- retary shall submit a report to the Congress mated system required under this section fect an automated data processing and infor- stating the findings and conclusions of each shall perform such functions as the Sec- mation retrieval system— study conducted under this subsection. H 3750 CONGRESSIONAL RECORD — HOUSE March 24, 1995

SEC. 317. FUNDING FOR SECRETARIAL ASSIST- (D) by striking clause (iv); and ‘‘(3) UPDATING AND MONITORING.—The State ANCE TO STATE PROGRAMS. (E) by redesignating clause (v) as clause agency shall promptly establish and main- Section 452 (42 U.S.C. 652), as amended by (vii), and inserting after clause (iii) the fol- tain, and regularly monitor, case records in section 115(a)(3) of this Act, is amended by lowing new clauses: the registry required by this subsection, on adding at the end the following new sub- ‘‘(iv) the total amount of support collected the basis of— section: during such fiscal year and distributed as ‘‘(A) information on administrative actions ‘‘(k) FUNDING FOR FEDERAL ACTIVITIES AS- current support; and administrative and judicial proceedings SISTING STATE PROGRAMS.—(1) There shall be ‘‘(v) the total amount of support collected and orders relating to paternity and support; available to the Secretary, from amounts ap- during such fiscal year and distributed as ar- ‘‘(B) information obtained from matches propriated for fiscal year 1996 and each suc- rearages; with Federal, State, or local data sources; ceeding fiscal year for payments to States ‘‘(vi) the total amount of support due and ‘‘(C) information on support collections under this part, the amount specified in unpaid for all fiscal years; and’’. and distributions; and paragraph (2) for the costs to the Secretary (3) Section 452(a)(10)(G) (42 U.S.C. ‘‘(D) any other relevant information. for— 652(a)(10)(G)) is amended by striking ‘‘on the ‘‘(f) DATA MATCHES AND OTHER DISCLO- ‘‘(A) information dissemination and tech- use of Federal courts and’’. SURES OF INFORMATION.—The automated sys- nical assistance to States, training of State (4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is tem required under this section shall have and Federal staff, staffing studies, and relat- amended by striking all that follows sub- the capacity, and be used by the State agen- ed activities needed to improve programs paragraph (I). cy, to extract data at such times, and in such (including technical assistance concerning (b) DATA COLLECTION AND REPORTING.—Sec- standardized format or formats, as may be State automated systems); tion 469 (42 U.S.C. 669) is amended— required by the Secretary, and to share and ‘‘(B) research, demonstration, and special (1) by striking subsections (a) and (b) and match data with, and receive data from, projects of regional or national significance inserting the following: other data bases and data matching services, relating to the operation of State programs ‘‘‘(a) The Secretary shall collect and main- in order to obtain (or provide) information under this part; and tain, on a fiscal year basis, up-to-date statis- necessary to enable the State agency (or ‘‘(C) operation of the Federal Parent Loca- tics, by State, with respect to services to es- Secretary or other State or Federal agen- tor Service under section 453, to the extent tablish paternity and services to establish cies) to carry out responsibilities under this such costs are not recovered through user child support obligations, the data specified part. Data matching activities of the State fees. in subsection (b), separately stated, in the agency shall include at least the following: ‘‘(2) The amount specified in the paragraph case of each such service, with respect to— ‘‘(1) DATA BANK OF CHILD SUPPORT OR- for a fiscal year is the amount equal to a per- ‘‘(1) families (or dependent children) re- DERS.—Furnish to the Data Bank of Child centage of the reduction in Federal pay- ceiving aid under plans approved under part Support Orders established under section ments to States under part A on account of A (or E); and 453(h) (and update as necessary, with infor- child support (including arrearages) col- ‘‘(2) families not receiving such aid. mation including notice of expiration of or- lected in the preceding fiscal year on behalf ‘‘(b) The data referred to in subsection (a) ders) minimal information (to be specified by of children receiving aid under such part A are— the Secretary) on each child support case in in such preceding fiscal year (as determined ‘‘(1) the number of cases in the caseload of the central case registry. on the basis of the most recent reliable data the State agency administering the plan ‘‘(2) FEDERAL PARENT LOCATOR SERVICE.— available to the Secretary as of the end of under this part in which such service is need- Exchange data with the Federal Parent Lo- the third calendar quarter following the end ed; and cator Service for the purposes specified in of such preceding fiscal year), equal to— ‘‘(2) the number of such cases in which the section 453. ‘‘(A) 1 percent, for the activities specified service has been provided.’’; and ‘‘(3) AFDC AND MEDICAID AGENCIES.—Ex- in subparagraphs (A) and (B) of paragraph (2) in subsection (c), by striking ‘‘(a)(2)’’ change data with State agencies (of the (1); and and inserting ‘‘(b)(2)’’. State and of other States) administering the ‘‘(B) 2 percent, for the activities specified (c) EFFECTIVE DATE.—The amendments programs under part A and title XIX, as nec- in subparagraph (C) of paragraph (1).’’. made by this section shall be effective with essary for the performance of State agency SEC. 318. REPORTS AND DATA COLLECTION BY respect to fiscal year 1996 and succeeding fis- responsibilities under this part and under THE SECRETARY. cal years. such programs. (a) ANNUAL REPORT TO CONGRESS.—(1) Sec- ‘‘(4) INTRA- AND INTERSTATE DATA Subtitle C—Locate and Case Tracking tion 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is MATCHES.—Exchange data with other agen- amended— SEC. 321. CENTRAL STATE AND CASE REGISTRY. cies of the State, agencies of other States, (A) by striking ‘‘this part;’’ and inserting Section 454A, as added by section 315(a)(2) and interstate information networks, as nec- ‘‘this part, including—’’; and of this Act, is amended by adding at the end essary and appropriate to carry out (or assist (B) by adding at the end the following in- the following: other States to carry out) the purposes of dented clauses: ‘‘(e) CENTRAL CASE REGISTRY.— this part.’’. ‘‘(i) the total amount of child support pay- ‘‘(1) IN GENERAL.—The automated system SEC. 322. CENTRALIZED COLLECTION AND DIS- ments collected as a result of services fur- required under this section shall perform the BURSEMENT OF SUPPORT PAY- nished during such fiscal year to individuals functions, in accordance with the provisions MENTS. receiving services under this part; of this subsection, of a single central reg- (a) STATE PLAN REQUIREMENT.—Section 454 ‘‘(ii) the cost to the States and to the Fed- istry containing records with respect to each (42 U.S.C. 654), as amended by sections 304(a) eral Government of furnishing such services case in which services are being provided by and 314(b) of this Act, is amended— to those individuals; and the State agency (including, on and after Oc- (1) by striking ‘‘and’’ at the end of para- ‘‘(iii) the number of cases involving fami- tober 1, 1998, each order specified in section graph (25); lies— 466(a)(12)), using such standardized data ele- (2) by striking the period at the end of ‘‘(I) who became ineligible for aid under ments (such as names, social security num- paragraph (26) and inserting ‘‘; and’’; and part A during a month in such fiscal year; bers or other uniform identification num- (3) by adding after paragraph (26) the fol- and bers, dates of birth, and case identification lowing new paragraph: ‘‘(II) with respect to whom a child support numbers), and containing such other infor- ‘‘(27) provide that the State agency, on and payment was received in the same month;’’. mation (such as information on case status) after October 1, 1998— (2) Section 452(a)(10)(C) (42 U.S.C. as the Secretary may require. ‘‘(A) will operate a centralized, automated 652(a)(10)(C)) is amended— ‘‘(2) PAYMENT RECORDS.—Each case record unit for the collection and disbursement of (A) in the matter preceding clause (i)— in the central registry shall include a record child support under orders being enforced (i) by striking ‘‘with the data required of— under this part, in accordance with section under each clause being separately stated for ‘‘(A) the amount of monthly (or other peri- 454B; and cases’’ and inserting ‘‘separately stated for odic) support owed under the support order, ‘‘(B) will have sufficient State staff (con- (1) cases’’; and other amounts due or overdue (including sisting of State employees), and (at State op- (ii) by striking ‘‘cases where the child was arrears, interest or late payment penalties, tion) contractors reporting directly to the formerly receiving’’ and inserting ‘‘or for- and fees); State agency to monitor and enforce support merly received’’; ‘‘(B) the date on which or circumstances collections through such centralized unit, in- (iii) by inserting ‘‘or 1912’’ after under which the support obligation will ter- cluding carrying out the automated data ‘‘471(a)(17)’’; and minate under such order; processing responsibilities specified in sec- (iv) by inserting ‘‘(2)’’ before ‘‘all other’’; ‘‘(C) all child support and related amounts tion 454A(g) and to impose, as appropriate in (B) in each of clauses (i) and (ii), by strik- collected (including such amounts as fees, particular cases, the administrative enforce- ing ‘‘, and the total amount of such obliga- late payment penalties, and interest on ar- ment remedies specified in section tions’’; rearages); 466(c)(1).’’. (C) in clause (iii), by striking ‘‘described ‘‘(D) the distribution of such amounts col- (b) ESTABLISHMENT OF CENTRALIZED COL- in’’ and all that follows and inserting ‘‘in lected; and LECTION UNIT.—Part D of title IV (42 U.S.C. which support was collected during the fiscal ‘‘(E) the birth date of the child for whom 651–669) is amended by adding after section year;’’; the child support order is entered. 454A the following new section: March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3751

‘‘CENTRALIZED COLLECTION AND DISBURSEMENT ‘‘(B) UNDER CERTAIN ORDERS PREDATING SEC. 325. EXPANDED FEDERAL PARENT LOCATOR OF SUPPORT PAYMENTS CHANGE IN REQUIREMENT.—Procedures under SERVICE. (a) EXPANDED AUTHORITY TO LOCATE INDI- ‘‘SEC. 454B. (a) IN GENERAL.—In order to which all child support orders issued (or meet the requirement of section 454(27), the modified) before October 1, 1996, and which VIDUALS AND ASSETS.—Section 453 (42 U.S.C. State agency must operate a single central- are not otherwise subject to withholding 653) is amended— ized, automated unit for the collection and under subsection (b), shall become subject to (1) in subsection (a), by striking all that disbursement of support payments, coordi- withholding from wages as provided in sub- follows ‘‘subsection (c))’’ and inserting the nated with the automated data system re- section (b) if arrearages occur, without the following: need for a judicial or administrative hear- quired under section 454A, in accordance ‘‘, for the purpose of establishing parentage, ing.’’. with the provisions of this section, which establishing, setting the amount of, modify- (2) Section 466(a)(8) (42 U.S.C. 666(a)(8)) is shall be— ing, or enforcing child support obligations— repealed. ‘‘(1) operated directly by the State agency ‘‘(1) information on, or facilitating the dis- (3) Section 466(b) (42 U.S.C. 666(b)) is (or by two or more State agencies under a re- covery of, the location of any individual— amended— gional cooperative agreement), or by a single ‘‘(A) who is under an obligation to pay (A) in the matter preceding paragraph (1), contractor responsible directly to the State child support; by striking ‘‘subsection (a)(1)’’ and inserting agency; and ‘‘(B) against whom such an obligation is ‘‘subsection (a)(1)(A)’’; ‘‘(2) used for the collection and disburse- sought; or (B) in paragraph (5), by striking all that ‘‘(C) to whom such an obligation is owed, ment (including interstate collection and follows ‘‘administered by’’ and inserting disbursement) of payments under support or- including such individual’s social security ‘‘the State through the centralized collec- number (or numbers), most recent residen- ders in all cases being enforced by the State tions unit established pursuant to section pursuant to section 454(4). tial address, and the name, address, and em- 454B, in accordance with the requirements of ployer identification number of such individ- ‘‘(b) REQUIRED PROCEDURES.—The central- such section 454B.’’; ized collections unit shall use automated ual’s employer; and (C) in paragraph (6)(A)(i)— ‘‘(2) information on the individual’s wages procedures, electronic processes, and com- (i) in inserting ‘‘, in accordance with time- puter-driven technology to the maximum ex- (or other income) from, and benefits of, em- tables established by the Secretary,’’ after ployment (including rights to or enrollment tent feasible, efficient, and economical, for ‘‘must be required’’; and the collection and disbursement of support in group health care coverage); and (ii) by striking ‘‘to the appropriate agen- ‘‘(3) information on the type, status, loca- payments, including procedures— cy’’ and all that follows and inserting ‘‘to ‘‘(1) for receipt of payments from parents, tion, and amount of any assets of, or debts the State centralized collections unit within owed by or to, any such individual.’’; and employers, and other States, and for dis- 5 working days after the date such amount (2) in subsection (b)— bursements to custodial parents and other would (but for this subsection) have been (A) in the matter preceding paragraph (1), obligees, the State agency, and the State paid or credited to the employee, for dis- by striking ‘‘social security’’ and all that agencies of other States; tribution in accordance with this part.’’; follows through ‘‘absent parent’’ and insert- ‘‘(2) for accurate identification of pay- (D) in paragraph (6)(A)(ii), by inserting ‘‘be ing ‘‘information specified in subsection ments; in a standard format prescribed by the Sec- (a)’’; and ‘‘(3) to ensure prompt disbursement of the retary, and’’ after ‘‘shall’’; and (B) in paragraph (2), by inserting before the custodial parent’s share of any payment; and (E) in paragraph (6)(D)— period ‘‘, or from any consumer reporting ‘‘(4) to furnish to either parent, upon re- (i) by striking ‘‘employer who discharges’’ agency (as defined in section 603(f) of the quest, timely information on the current and inserting ‘‘employer who—(A) dis- Fair Credit Reporting Act (15 U.S.C. status of support payments.’’. charges’’; 1681a(f))’’; (c) USE OF AUTOMATED SYSTEM.—Section (ii) by relocating subparagraph (A), as des- (3) in subsection (e)(1), by inserting before 454A, as added by section 315(a)(2) of this Act ignated, as an indented subparagraph after the period ‘‘, or by consumer reporting agen- and as amended by section 321 of this Act, is and below the introductory matter; cies’’. amended by adding at the end the following (iii) by striking the period at the end; and (b) REIMBURSEMENT FOR DATA FROM FED- new subsection: (iv) by adding after and below subpara- ERAL AGENCIES.—Section 453(e)(2) (42 U.S.C. ‘‘(g) CENTRALIZED COLLECTION AND DIS- graph (A) the following new subparagraph: 653(e)(2)) is amended in the fourth sentence TRIBUTION OF SUPPORT PAYMENTS.—The auto- ‘‘(B) fails to withhold support from wages, by inserting before the period ‘‘in an amount mated system required under this section or to pay such amounts to the State central- which the Secretary determines to be rea- shall be used, to the maximum extent fea- ized collections unit in accordance with this sonable payment for the data exchange sible, to assist and facilitate collections and subsection.’’. (which amount shall not include payment for disbursement of support payments through (b) CONFORMING AMENDMENT.—Section the costs of obtaining, compiling, or main- the centralized collections unit operated 466(c) (42 U.S.C. 666(c)) is repealed. taining the data)’’. pursuant to section 454B, through the per- (c) DEFINITION OF TERMS.—The Secretary (c) ACCESS TO CONSUMER REPORTS UNDER formance of functions including at a mini- shall promulgate regulations providing defi- FAIR CREDIT REPORTING ACT.— mum— nitions, for purposes of part D of title IV of (1) Section 608 of the Fair Credit Reporting ‘‘(1) generation of orders and notices to the Social Security Act, for the term ‘‘in- Act (15 U.S.C. 1681f) is amended— employers (and other debtors) for the with- come’’ and for such other terms relating to (A) by striking ‘‘, limited to’’ and inserting holding of wages (and other income)— income withholding under section 466(b) of ‘‘to a governmental agency (including the ‘‘(A) within two working days after receipt such Act as the Secretary may find it nec- entire consumer report, in the case of a Fed- (from the directory of New Hires established essary or advisable to define. eral, State, or local agency administering a under section 453(i) or any other source) of SEC. 324. LOCATOR INFORMATION FROM INTER- program under part D of title IV of the So- notice of and the income source subject to STATE NETWORKS. cial Security Act, and limited to’’; and such withholding; and Section 466(a) (42 U.S.C. 666(a)), as amended (B) by striking ‘‘employment, to a govern- ‘‘(B) using uniform formats directed by the by section 323(a)(2) of this Act, is amended mental agency’’ and inserting ‘‘employment, Secretary; by inserting after paragraph (7) the following in the case of any other governmental agen- ‘‘(2) ongoing monitoring to promptly iden- new paragraph: cy)’’. tify failures to make timely payment; and ‘‘(8) LOCATOR INFORMATION FROM INTER- (2) REIMBURSEMENT FOR REPORTS BY STATE ‘‘(3) automatic use of enforcement mecha- STATE NETWORKS.—Procedures ensuring that AGENCIES AND CREDIT BUREAUS.—Section 453 nisms (including mechanisms authorized the State will neither provide funding for, (42 U.S.C. 653) is amended by adding at the pursuant to section 466(c)) where payments nor use for any purpose (including any pur- end the following new subsection: are not timely made.’’. pose unrelated to the purposes of this part), ‘‘(g) The Secretary is authorized to reim- (d) EFFECTIVE DATE.—The amendments any automated interstate network or system burse costs to State agencies and consumer made by this section shall become effective used to locate individuals— credit reporting agencies the costs incurred on October 1, 1998. ‘‘(A) for purposes relating to the use of by such entities in furnishing information SEC. 323. AMENDMENTS CONCERNING INCOME motor vehicles; or requested by the Secretary pursuant to this WITHHOLDING. ‘‘(B) providing information for law enforce- section in an amount which the Secretary (a) MANDATORY INCOME WITHHOLDING.—(1) ment purposes (where child support enforce- determines to be reasonable payment for the Section 466(a)(1) (42 U.S.C. 666(a)(1)) is ment agencies are otherwise allowed access data exchange (which amount shall not in- amended to read as follows: by State and Federal law), clude payment for the costs of obtaining, ‘‘(1) INCOME WITHHOLDING.— unless all Federal and State agencies admin- compiling, or maintaining the data).’’. (A) UNDER ORDERS ENFORCED UNDER THE istering programs under this part (including (d) DISCLOSURE OF TAX RETURN INFORMA- STATE PLAN.—Procedures described in sub- the entities established under section 453) TION.—(1) Section 6103(1)(6)(A)(ii) of the In- section (b) for the withholding from income have access to information in such system or ternal Revenue Code of 1986 is amended by of amounts payable as support in cases sub- network to the same extent as any other striking ‘‘, but only if’’ and all that follows ject to enforcement under the State plan. user of such system or network.’’. and inserting a period. H 3752 CONGRESSIONAL RECORD — HOUSE March 24, 1995 (2) Section 6103(1)(8)(A) of the Internal Rev- tion 3402 of the Internal Revenue Code of lishment and enforcement of child support, enue Code of 1986 is amended by inserting 1986. the Secretary shall— ‘‘Federal,’’ before ‘‘State or local’’. ‘‘(C) EMPLOYEE DEFINED.—For purposes of ‘‘(A) match data in the directory of New (e) TECHNICAL AMENDMENTS.— this paragraph, the term ‘employee’ means Hires against the child support order ab- (1) Sections 452(a)(9), 453(a), 453(b), 463(a), any individual subject to the requirement of stracts in the Data Bank of Child Support and 463(e) (42 U.S.C. 652(a)(9), 653(a), 653(b), section 3402(f)(2) of the Internal Revenue Orders not less often than every 2 working 663(a), and 663(e)) are each amended by in- Code of 1986. days; and serting ‘‘Federal’’ before ‘‘Parent’’ each ‘‘(D) PAPERWORK REDUCTION REQUIRE- ‘‘(B) report information obtained from place it appears. MENT.—As required by the information re- such a match to concerned State agencies (2) Section 453 (42 U.S.C. 653) is amended in sources management policies published by operating programs under this part not later the heading by adding ‘‘FEDERAL’’ before the Director of the Office of Management than 2 working days after such match. ‘‘PARENT’’. and Budget pursuant to section 3504(b)(1) of ‘‘(3) DATA MATCHES AND DISCLOSURES OF (f) NEW COMPONENTS.—Section 453 (42 title 44, United States Code, the Secretary, DATA IN ALL REGISTRIES FOR TITLE IV PRO- U.S.C. 653), as amended by subsection (c)(2) in order to minimize the cost and reporting GRAM PURPOSES.—The Secretary shall— of this section, is amended by adding at the burden on employers, shall not require re- ‘‘(A) perform matches of data in each com- end the following: porting pursuant to this paragraph if an al- ponent of the Federal Parent Locator Serv- ‘‘(h) DATA BANK OF CHILD SUPPORT OR- ternative reporting mechanism can be devel- ice maintained under this section against DERS.— oped that either relies on existing Federal or data in each other such component (other ‘‘(1) IN GENERAL.—Not later than October 1, State reporting or enables the Secretary to than the matches required pursuant to para- 1998, In order to assist States in administer- collect the needed information in a more graph (1)), and report information resulting ing their State plans under this part and cost-effective and equally expeditious man- from such matches to State agencies operat- parts A, F, and G, and for the other purposes ner, taking into account the reporting costs ing programs under this part and parts A, F, specified in this section, the Secretary shall on employers. and G; and establish and maintain in the Federal Parent ‘‘(E) CIVIL MONEY PENALTY ON NON-COMPLY- ‘‘(B) disclose data in such registries to Locator Service an automated registry to be ING EMPLOYERS.—(i) Any employer that fails such State agencies, known as the Data Bank of Child Support to make a timely report in accordance with to the extent, and with the frequency, that Orders, which shall contain abstracts of this paragraph with respect to an individual the Secretary determines to be effective in child support orders and other information shall be subject to a civil money penalty, for assisting such States to carry out their re- described in paragraph (2) on each case in each calendar year in which the failure oc- sponsibilities under such programs. each State central case registry maintained curs, of the lesser of $500 or 1 percent of the ‘‘(k) FEES.— pursuant to section 454A(e), as furnished wages or other compensation paid by such ‘‘(1) FOR SSA VERIFICATION.—The Secretary (and regularly updated), pursuant to section employer to such individual during such cal- shall reimburse the Commissioner of Social 454A(f), by State agencies administering pro- endar year. Security, at a rate negotiated between the grams under this part. ‘‘(ii) Subject to clause (iii), the provisions Secretary and the Commissioner, the costs ‘‘(2) CASE INFORMATION.—The information of section 1128A (other than subsections (a) incurred by the Commissioner in performing referred to in paragraph (1), as specified by and (b) thereof) shall apply to a civil money the verification services specified in sub- the Secretary, shall include sufficient infor- penalty under clause (i) in the same manner section (j). mation (including names, social security as they apply to a civil money penalty or ‘‘(2) FOR INFORMATION FROM SESAS.—The numbers or other uniform identification proceeding under section 1128A(a). Secretary shall reimburse costs incurred by numbers, and State case identification num- ‘‘(iii) Any employer with respect to whom State employment security agencies in fur- bers) to identify the individuals who owe or a penalty under this subparagraph is upheld nishing data as required by subsection (j)(3), are owed support (or with respect to or on after an administrative hearing shall be lia- at rates which the Secretary determines to behalf of whom support obligations are ble to pay all costs of the Secretary with re- be reasonable (which rates shall not include sought to be established), and the State or spect to such hearing. payment for the costs of obtaining, compil- States which have established or modified, ‘‘(3) EMPLOYMENT SECURITY INFORMATION.— ing, or maintaining such data). or are enforcing or seeking to establish, such ‘‘(A) REPORTING REQUIREMENT.—Each State ‘‘(3) FOR INFORMATION FURNISHED TO STATE an order. agency administering a State unemployment AND FEDERAL AGENCIES.—State and Federal ‘‘(i) DIRECTORY OF NEW HIRES.— compensation law approved by the Secretary agencies receiving data or information from ‘‘(1) IN GENERAL.—Not later than October 1, of Labor under the Federal Unemployment the Secretary pursuant to this section shall 1998, In order to assist States in administer- Tax Act shall furnish to the Secretary of reimburse the costs incurred by the Sec- ing their State plans under this part and Health and Human Services extracts of the retary in furnishing such data or informa- parts A, F, and G, and for the other purposes reports to the Secretary of Labor concerning tion, at rates which the Secretary deter- specified in this section, the Secretary shall the wages and unemployment compensation mines to be reasonable (which rates shall in- establish and maintain in the Federal Parent paid to individuals required under section clude payment for the costs of obtaining, Locator Service an automated directory to 303(a)(6), in accordance with subparagraph verifying, maintaining, and matching such be known as the directory of New Hires, con- (B). data or information). taining— ‘‘(B) MANNER OF COMPLIANCE.—The extracts ‘‘(l) RESTRICTION ON DISCLOSURE AND USE.— ‘‘(A) information supplied by employers on required under subparagraph (A) shall be fur- Data in the Federal Parent Locator Service, each newly hired individual, in accordance nished to the Secretary of Health and and information resulting from matches with paragraph (2); and Human Services on a quarterly basis, with using such data, shall not be used or dis- ‘‘(B) information supplied by State agen- respect to calendar quarters beginning on closed except as specifically provided in this cies administering State unemployment and after October 1, 1996, by such dates, in section. compensation laws, in accordance with para- such format, and containing such informa- ‘‘(m) RETENTION OF DATA.—Data in the graph (3). tion as required by that Secretary in regula- Federal Parent Locator Service, and data re- ‘‘(2) EMPLOYER INFORMATION.— tions. sulting from matches performed pursuant to ‘‘(A) INFORMATION REQUIRED.—Subject to ‘‘(j) DATA MATCHES AND OTHER DISCLO- this section, shall be retained for such period subparagraph (D), each employer shall fur- SURES.— (determined by the Secretary) as appropriate nish to the Secretary, for inclusion in the di- ‘‘(1) VERIFICATION BY SOCIAL SECURITY AD- for the data uses specified in this section. rectory established under this subsection, MINISTRATION.—(A) The Secretary shall ‘‘(n) INFORMATION INTEGRITY AND SECU- not later than 10 days after the date (on or transmit data on individuals and employers RITY.—The Secretary shall establish and im- after October 1, 1998) on which the employer maintained under this section to the Social plement safeguards with respect to the enti- hires a new employee (as defined in subpara- Security Admistration to the extent nec- ties established under this section designed graph (C)), a report containing the name, essary for verification in accordance with to— date of birth, and social security number of subparagraph (B). ‘‘(1) ensure the accuracy and completeness such employee, and the employer identifica- ‘‘(B) The Social Security Administration of information in the Federal Parent Locator tion number of the employer. shall verify the accuracy of, correct or sup- Service; and ‘‘(B) REPORTING METHOD AND FORMAT.—The ply to the extent necessary and feasible, and ‘‘(2) restrict access to confidential infor- Secretary shall provide for transmission of report to the Secretary, the following infor- mation in the Federal Parent Locator Serv- the reports required under subparagraph (A) mation in data supplied by the Secretary ice to authorized persons, and restrict use of using formats and methods which minimize pursuant to subparagraph (A): such information to authorized purposes. the burden on employers, which shall in- ‘‘(i) the name, social security number, and ‘‘(o) LIMIT ON LIABILITY.—The Secretary clude— birth date of each individual; and shall not be liable to either a State or an in- ‘‘(i) automated or electronic transmission ‘‘(ii) the employer identification number of dividual for inaccurate information provided of such reports; each employer. to a component of the Federal Parent Loca- ‘‘(ii) transmission by regular mail; and ‘‘(2) CHILD SUPPORT LOCATOR MATCHES.—For tor Service section and disclosed by the Sec- ‘‘(iii) transmission of a copy of the form re- the purpose of locating individuals for pur- retary in accordance with this section.’’. quired for purposes of compliance with sec- poses of paternity establishment and estab- (g) CONFORMING AMENDMENTS.— March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3753

(1) TO PART D OF TITLE IV OF THE SOCIAL SE- ‘‘(i) involving an order established or modi- (9) by redesignating subsections (f) and (g) CURITY ACT.—Section 454(8)(B) (42 U.S.C. fied in one State and for which a subsequent as subsections (g) and (h), respectively; 654(8)(B)) is amended to read as follows: modification is sought in another State; or (10) by inserting after subsection (e) the ‘‘(B) the Federal Parent Locator Service ‘‘(ii) in which interstate activity is re- following: established under section 453;’’. quired to enforce an order. ‘‘(f) RECOGNITION OF CHILD SUPPORT OR- (2) TO FEDERAL UNEMPLOYMENT TAX ACT.— ‘‘(C) JURISDICTION TO MODIFY ORDERS.—The DERS.—If one or more child support orders Section 3304(16) of the Internal Revenue Code State law adopted pursuant to subparagraph have been issued in this or another State of 1986 is amended— (A) of this paragraph shall contain the fol- with regard to an obligor and a child, a court (A) by striking ‘‘Secretary of Health, Edu- lowing provision in lieu of section 611(a)(1) of shall apply the following rules in determin- cation, and Welfare’’ each place such term the Uniform Interstate Family Support Act ing which order to recognize for purposes of appears and inserting ‘‘Secretary of Health described in such subparagraph (A): continuing, exclusive jurisdiction and en- and Human Services’’; ‘‘ ‘(1) the following requirements are met: forcement: (B) in subparagraph (B), by striking ‘‘such ‘‘ ‘(i) the child, the individual obligee, and ‘‘(1) If only one court has issued a child information’’ and all that follows and insert- the obligor— support order, the order of that court must ing ‘‘information furnished under subpara- ‘‘ ‘(I) do not reside in the issuing State; and be recognized. graph (A) or (B) is used only for the purposes ‘‘ ‘(II) either reside in this State or are sub- authorized under such subparagraph;’’; ject to the jurisdiction of this State pursu- ‘‘(2) If two or more courts have issued child (C) by striking ‘‘and’’ at the end of sub- ant to section 201; and support orders for the same obligor and paragraph (A); ‘‘ ‘(ii) (in any case where another State is child, and only one of the courts would have (D) by redesignating subparagraph (B) as exercising or seeks to exercise jurisdiction continuing, exclusive jurisdiction under this subparagraph (C); and to modify the order) the conditions of sec- section, the order of that court must be rec- (E) by inserting after subparagraph (A) the tion 204 are met to the same extent as re- ognized. following new subparagraph: quired for proceedings to establish orders; ‘‘(3) If two or more courts have issued child ‘‘(B) wage and unemployment compensa- or’. support orders for the same obligor and tion information contained in the records of ‘‘(D) SERVICE OF PROCESS.—The State law child, and only one of the courts would have such agency shall be furnished to the Sec- adopted pursuant to subparagraph (A) shall continuing, exclusive jurisdiction under this retary of Health and Human Services (in ac- recognize as valid, for purposes of any pro- section, an order issued by a court in the cordance with regulations promulgated by ceeding subject to such State law, service of current home State of the child must be rec- such Secretary) as necessary for the pur- process upon persons in the State (and proof ognized, but if an order has not been issued poses of the directory of New Hires estab- of such service) by any means acceptable in in the current home State of the child, the lished under section 453(i) of the Social Secu- another State which is the initiating or re- order most recently issued must be recog- rity Act, and’’. sponding State in such proceeding. nized. (3) TO STATE GRANT PROGRAM UNDER TITLE ‘‘(E) COOPERATION BY EMPLOYERS.—The ‘‘(4) If two or more courts have issued child III OF THE SOCIAL SECURITY ACT.—Section State law adopted pursuant to subparagraph support orders for the same obligor and 303(a) (42 U.S.C. 503(a)) is amended— (A) shall provide for the use of procedures child, and none of the courts would have con- (A) by striking ‘‘and’’ at the end of para- (including sanctions for noncompliance) tinuing, exclusive jurisdiction under this graph (8); under which all entities in the State (includ- section, a court may issue a child support (B) by striking the period at the end of ing for-profit, nonprofit, and governmental order, which must be recognized. paragraph (9) and inserting ‘‘; and’’; and employers) are required to provide promptly, ‘‘(5) The court that has issued an order rec- (C) by adding after paragraph (9) the fol- in response to a request by the State agency ognized under this subsection is the court lowing new paragraph: of that or any other State administering a having continuing, exclusive jurisdiction.’’; ‘‘(10) The making of quarterly electronic program under this part, information on the (11) in subsection (g) (as so redesignated)— reports, at such dates, in such format, and employment, compensation, and benefits of (A) by striking ‘‘PRIOR’’ and inserting containing such information, as required by any individual employed by such entity as ‘‘MODIFIED’’; and the Secretary of Health and Human Services an employee or contractor.’’. under section 453(i)(3), and compliance with (B) by striking ‘‘subsection (e)’’ and insert- SEC. 332. IMPROVEMENTS TO FULL FAITH AND ing ‘‘subsections (e) and (f)’’; such provisions as such Secretary may find CREDIT FOR CHILD SUPPORT OR- necessary to ensure the correctness and ver- DERS. (12) in subsection (h) (as so redesignated)— ification of such reports.’’. Section 1738B of title 28, United States (A) in paragraph (2), by inserting ‘‘includ- SEC. 326. USE OF SOCIAL SECURITY NUMBERS. Code, is amended— ing the duration of current payments and (a) STATE LAW REQUIREMENT.—Section (1) in subsection (a)(2), by striking ‘‘sub- other obligations of support’’ before the 466(a) (42 U.S.C. 666(a)), as amended by sec- section (e)’’ and inserting ‘‘subsections (e), comma; and tion 301(a) of this Act, is amended by adding (f), and (i)’’; (B) in paragraph (3), by inserting ‘‘arrears at the end the following new paragraph: (2) in subsection (b), by inserting after the under’’ after ‘‘enforce’’; and ‘‘(13) SOCIAL SECURITY NUMBERS REQUIRED.— 2nd undesignated paragraph the following: (13) by adding at the end the following: Procedures requiring the recording of social ‘‘ ‘child’s home State’ means the State in ‘‘(i) REGISTRATION FOR MODIFICATION.—If security numbers— which a child lived with a parent or a person there is no individual contestant or child re- ‘‘(A) of both parties on marriage licenses acting as parent for at least six consecutive siding in the issuing State, the party or sup- and divorce decrees; and months immediately preceding the time of port enforcement agency seeking to modify, ‘‘(B) of both parents, on birth records and filing of a petition or comparable pleading or to modify and enforce, a child support child support and paternity orders.’’. for support and, if a child is less than six order issued in another State shall register (b) CLARIFICATION OF FEDERAL POLICY.— months old, the State in which the child that order in a State with jurisdiction over Section 205(c)(2)(C)(ii) (42 U.S.C. lived from birth with any of them. A period the nonmovant for the purpose of modifica- 405(c)(2)(C)(ii)) is amended by striking the of temporary absence of any of them is tion.’’. third sentence and inserting ‘‘This clause counted as part of the six-month period.’’; SEC. 333. STATE LAWS PROVIDING EXPEDITED shall not be considered to authorize disclo- (3) in subsection (c), by inserting ‘‘by a PROCEDURES. sure of such numbers except as provided in court of a State’’ before ‘‘is made’’; (a) STATE LAW REQUIREMENTS.—Section 466 the preceding sentence.’’. (4) in subsection (c)(1), by inserting ‘‘and (42 U.S.C. 666) is amended— Subtitle D—Streamlining and Uniformity of subsections (e), (f), and (g)’’ after ‘‘located’’; Procedures (5) in subsection (d)— (1) in subsection (a)(2), in the first sen- tence, to read as follows: ‘‘Expedited admin- SEC. 331. ADOPTION OF UNIFORM STATE LAWS. (A) by inserting ‘‘individual’’ before ‘‘con- istrative and judicial procedures (including Section 466(a) (42 U.S.C. 666(a)), as amended testant’’; and the procedures specified in subsection (c)) for by sections 301(a) and 328(a) of this Act, is (B) by striking ‘‘subsection (e)’’ and insert- establishing paternity and for establishing, amended by adding at the end the following ing ‘‘subsections (e) and (f)’’; new paragraph: (6) in subsection (e), by striking ‘‘make a modifying, and enforcing support obliga- tions.’’; and ‘‘(14) INTERSTATE ENFORCEMENT.— modification of a child support order with re- ‘‘(A) ADOPTION OF UIFSA.—Procedures under spect to a child that is made’’ and inserting (2) by adding after subsection (b) the fol- which the State adopts in its entirety (with ‘‘modify a child support order issued’’; lowing new subsection: the modifications and additions specified in (7) in subsection (e)(1), by inserting ‘‘pursu- ‘‘(c) EXPEDITED PROCEDURES.—The proce- this paragraph) not later than January 1, ant to subsection (i)’’ before the semicolon; dures specified in this subsection are the fol- 1997, and uses on and after such date, the (8) in subsection (e)(2)— lowing: Uniform Interstate Family Support Act, as (A) by inserting ‘‘individual’’ before ‘‘con- ‘‘(1) ADMINISTRATIVE ACTION BY STATE approved by the National Conference of Com- testant’’ each place such term appears; and AGENCY.—Procedures which give the State missioners on Uniform State Laws in Au- (B) by striking ‘‘to that court’s making the agency the authority (and recognize and en- gust, 1992. modification and assuming’’ and inserting force the authority of State agencies of ‘‘(B) EXPANDED APPLICATION OF UIFSA.—The ‘‘with the State of continuing, exclusive ju- other States), without the necessity of ob- State law adopted pursuant to subparagraph risdiction for a court of another State to taining an order from any other judicial or (A) shall be applied to any case— modify the order and assume’’; administrative tribunal (but subject to due H 3754 CONGRESSIONAL RECORD — HOUSE March 24, 1995 process safeguards, including (as appro- ‘‘(ii) to attach and seize assets of the obli- ‘‘(F) subsection (c) (concerning expedited priate) requirements for notice, opportunity gor held by financial institutions; procedures), other than paragraph (1)(A) to contest the action, and opportunity for an ‘‘(iii) to attach public and private retire- thereof (concerning establishment or modi- appeal on the record to an independent ad- ment funds in appropriate cases, as deter- fication of support amount).’’. ministrative or judicial tribunal), to take mined by the Secretary; and (d) AUTOMATION OF STATE AGENCY FUNC- the following actions relating to establish- ‘‘(iv) to impose liens in accordance with TIONS.—Section 454A, as added by section ment or enforcement of orders: paragraph (a)(4) and, in appropriate cases, to 115(a)(2) of this Act and as amended by sec- ‘‘(A) GENETIC TESTING.—To order genetic force sale of property and distribution of pro- tions 121 and 122(c) of this Act, is amended testing for the purpose of paternity estab- ceeds. by adding at the end the following new sub- lishment as provided in section 466(a)(5). ‘‘(H) INCREASE MONTHLY PAYMENTS.—For section: ‘‘(B) DEFAULT ORDERS.—To enter a default the purpose of securing overdue support, to ‘‘(h) EXPEDITED ADMINISTRATIVE PROCE- order, upon a showing of service of process increase the amount of monthly support pay- DURES.—The automated system required and any additional showing required by ments to include amounts for arrearages under this section shall be used, to the maxi- State law— (subject to such conditions or restrictions as mum extent feasible, to implement any expe- ‘‘(i) establishing paternity, in the case of the State may provide). dited administrative procedures required any putative father who refuses to submit to ‘‘(I) SUSPENSION OF DRIVERS’ LICENSES.—To under section 466(c).’’. genetic testing; and suspend drivers’ licenses of individuals owing Subtitle E—Paternity Establishment ‘‘(ii) establishing or modifying a support past-due support, in accordance with sub- SEC. 341. STATE LAWS CONCERNING PATERNITY obligation, in the case of a parent (or other section (a)(16). ESTABLISHMENT. obligor or obligee) who fails to respond to ‘‘(2) SUBSTANTIVE AND PROCEDURAL (a) STATE LAWS REQUIRED.—Section notice to appear at a proceeding for such RULES.—The expedited procedures required 466(a)(5) (42 U.S.C. 666(a)(5)) is amended— purpose. under subsection (a)(2) shall include the fol- (1) by striking ‘‘(5)’’ and inserting the fol- ‘‘(C) SUBPOENAS.—To subpoena any finan- lowing rules and authority, applicable with lowing: cial or other information needed to estab- respect to all proceedings to establish pater- ‘‘(5) PROCEDURES CONCERNING PATERNITY ES- lish, modify, or enforce an order, and to nity or to establish, modify, or enforce sup- TABLISHMENT.—’’; sanction failure to respond to any such sub- port orders: (2) in subparagraph (A)— poena. ‘‘(A) LOCATOR INFORMATION; PRESUMPTIONS (A) by striking ‘‘(A)(i)’’ and inserting the ‘‘(D) ACCESS TO PERSONAL AND FINANCIAL CONCERNING NOTICE.—Procedures under following: INFORMATION.—To obtain access, subject to which— ‘‘(A) ESTABLISHMENT PROCESS AVAILABLE safeguards on privacy and information secu- ‘‘(i) the parties to any paternity or child FROM BIRTH UNTIL AGE EIGHTEEN.—(i)’’; and rity, to the following records (including support proceedings are required (subject to (B) by indenting clauses (i) and (ii) so that automated access, in the case of records privacy safeguards) to file with the tribunal the left margin of such clauses is 2 ems to maintained in automated data bases): before entry of an order, and to update as ap- the right of the left margin of paragraph (4); ‘‘(i) records of other State and local gov- propriate, information on location and iden- (3) in subparagraph (B)— ernment agencies, including— tity (including Social Security number, resi- (A) by striking ‘‘(B)’’ and inserting the fol- ‘‘(I) vital statistics (including records of dential and mailing addresses, telephone lowing: marriage, birth, and divorce); number, driver’s license number, and name, ‘‘(B) PROCEDURES CONCERNING GENETIC ‘‘(II) State and local tax and revenue address, and telephone number of employer); TESTING.—(i)’’; records (including information on residence and (B) in clause (i), as redesignated, by insert- address, employer, income and assets); ‘‘(ii) in any subsequent child support en- ing before the period ‘‘, where such request is ‘‘(III) records concerning real and titled forcement action between the same parties, supported by a sworn statement (I) by such personal property; the tribunal shall be authorized, upon suffi- party alleging paternity setting forth facts ‘‘(IV) records of occupational and profes- cient showing that diligent effort has been establishing a reasonable possibility of the sional licenses, and records concerning the made to ascertain such party’s current loca- requisite sexual contact of the parties, or (II) ownership and control of corporations, part- tion, to deem due process requirements for by such party denying paternity setting nerships, and other business entities; notice and service of process to be met, with forth facts establishing a reasonable possi- ‘‘(V) employment security records; respect to such party, by delivery to the bility of the nonexistence of sexual contact ‘‘(VI) records of agencies administering most recent residential or employer address of the parties;’’; public assistance programs; so filed pursuant to clause (i). (C) by inserting after and below clause (i) ‘‘(VII) records of the motor vehicle depart- ‘‘(B) STATEWIDE JURISDICTION.—Procedures (as redesignated) the following new clause: ment; and under which— ‘‘(ii) Procedures which require the State ‘‘(VIII) corrections records; and ‘‘(i) the State agency and any administra- agency, in any case in which such agency or- ‘‘(ii) certain records held by private enti- tive or judicial tribunal with authority to ders genetic testing— ties, including— hear child support and paternity cases exerts ‘‘(I) to pay costs of such tests, subject to ‘‘(I) customer records of public utilities statewide jurisdiction over the parties, and recoupment (where the State so elects) from and cable television companies; and orders issued in such cases have statewide ef- the punitive father if paternity is estab- ‘‘(II) information (including information fect; and lished; and on assets and liabilities) on individuals who ‘‘(ii) (in the case of a State in which orders ‘‘(II) to obtain additional testing in any owe or are owed support (or against or with in such cases are issued by local jurisdic- case where an original test result is dis- respect to whom a support obligation is tions) a case may be transferred between ju- puted, upon request and advance payment by sought) held by financial institutions (sub- risdictions in the State without need for any the disputing party.’’; ject to limitations on liability of such enti- additional filing by the petitioner, or service (4) by striking subparagraphs (C) and (D) ties arising from affording such access). of process upon the respondent, to retain ju- and inserting the following: ‘‘(E) INCOME WITHHOLDING.—To order in- risdiction over the parties.’’. ‘‘(C) PATERNITY ACKNOWLEDGMENT.—(i) Pro- come withholding in accordance with sub- (c) EXCEPTIONS FROM STATE LAW REQUIRE- cedures for a simple civil process for volun- section (a)(1) and (b) of section 466. MENTS.—Section 466(d) (42 U.S.C. 666(d)) is tarily acknowledging paternity under which ‘‘(F) CHANGE IN PAYEE.—(In cases where amended— the State must provide that, before a mother support is subject to an assignment under (1) by striking ‘‘(d) If’’ and inserting the and a putative father can sign an acknowl- section 402(a)(26), 471(a)(17), or 1912, or to a following: edgment of paternity, the putative father requirement to pay through the centralized ‘‘(d) EXEMPTIONS FROM REQUIREMENTS.— and the mother must be given notice, orally, collections unit under section 454B) upon ‘‘(1) IN GENERAL.—Subject to paragraph (2), in writing, and in a language that each can providing notice to obligor and obligee, to if’’; and understand, of the alternatives to, the legal direct the obligor or other payor to change (2) by adding at the end the following new consequences of, and the rights (including, if the payee to the appropriate government en- paragraph: 1 parent is a minor, any rights afforded due tity. ‘‘(2) NONEXEMPT REQUIREMENTS.—The Sec- to minority status) and responsibilities that ‘‘(G) SECURE ASSETS TO SATISFY ARREAR- retary shall not grant an exemption from the arise from, signing the acknowledgment. AGES.—For the purpose of securing overdue requirements of— ‘‘(ii) Such procedures must include a hos- support— ‘‘(A) subsection (a)(5) (concerning proce- pital-based program for the voluntary ac- ‘‘(i) to intercept and seize any periodic or dures for paternity establishment); knowledgment of paternity focusing on the lump-sum payment to the obligor by or ‘‘(B) subsection (a)(10) (concerning modi- period immediately before or after the birth through a State or local government agency, fication of orders); of a child. including— ‘‘(C) subsection (a)(12) (concerning record- ‘‘(iii) Such procedures must require the ‘‘(I) unemployment compensation, work- ing of orders in the central State case reg- State agency responsible for maintaining ers’ compensation, and other benefits; istry); birth records to offer voluntary paternity es- ‘‘(II) judgments and settlements in cases ‘‘(D) subsection (a)(13) (concerning record- tablishment services. under the jurisdiction of the State or local ing of Social Security numbers); ‘‘(iv) The Secretary shall prescribe regula- government; and ‘‘(E) subsection (a)(14) (concerning inter- tions governing voluntary paternity estab- ‘‘(III) lottery winnings; state enforcement); or lishment services offered by hospitals and March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3755

birth record agencies. The Secretary shall ‘‘(I) NO RIGHT TO JURY TRIAL.—Procedures child support order, and an application for prescribe regulations specifying the types of providing that the parties to an action to es- child support services;’’. other entities that may offer voluntary pa- tablish paternity are not entitled to jury (b) ENHANCED FEDERAL MATCHING.—Section ternity establishment services, and govern- trial. 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amend- ing the provision of such services, which ‘‘(J) TEMPORARY SUPPORT ORDER BASED ON ed— shall include a requirement that such an en- PROBABLE PATERNITY IN CONTESTED CASES.— (1) by inserting ‘‘(i)’’ before ‘‘laboratory tity must use the same notice provisions Procedures which require that a temporary costs’’, and used by, the same materials used by, provide order be issued, upon motion by a party, re- (2) by inserting before the semicolon ‘‘, and the personnel providing such services with quiring the provision of child support pend- (ii) costs of outreach programs designed to the same training provided by, and evaluate ing an administrative or judicial determina- encourage voluntary acknowledgment of pa- the provision of such services in the same tion of parentage, where there is clear and ternity’’. manner as, voluntary paternity establish- convincing evidence of paternity (on the (c) EFFECTIVE DATES.—(1) The amendments ment programs of hospitals and birth record basis of genetic tests or other evidence). made by subsection (a) shall become effec- agencies. ‘‘(K) PROOF OF CERTAIN SUPPORT AND PA- tive October 1, 1997. ‘‘(v) Such procedures must require the TERNITY ESTABLISHMENT COSTS.—Procedures (2) The amendments made by subsection State and those required to establish pater- under which bills for pregnancy, childbirth, (b) shall be effective with respect to calendar nity to use only the affidavit developed and genetic testing are admissible as evi- quarters beginning on and after October 1, under section 452(a)(7) for the voluntary ac- dence without requiring third-party founda- 1996. knowledgment of paternity, and to give full tion testimony, and shall constitute prima Subtitle F—Establishment and Modification faith and credit to such an affidavit signed in facie evidence of amounts incurred for such of Support Orders any other State. services and testing on behalf of the child. SEC. 351. NATIONAL CHILD SUPPORT GUIDE- ‘‘(D) STATUS OF SIGNED PATERNITY ‘‘(L) WAIVER OF STATE DEBTS FOR COOPERA- LINES COMMISSION. KNOWLEDGMENT.—(i) Procedures under which TION.—At the option of the State, procedures (a) ESTABLISHMENT.—There is hereby es- a signed acknowledgment of paternity is under which the tribunal establishing pater- tablished a commission to be known as the considered a legal finding of paternity, sub- nity and support has discretion to waive ‘‘National Child Support Guidelines Commis- ject to the right of any signatory to rescind rights to all or part of amounts owed to the sion’’ (in this section referred to as the the acknowledgment within 60 days. State (but not to the mother) for costs relat- ‘‘Commission’’). ‘‘(ii)(I) Procedures under which, after the ed to pregnancy, childbirth, and genetic test- (b) GENERAL DUTIES.—The Commission 60-day period referred to in clause (i), a ing and for public assistance paid to the fam- shall develop a national child support guide- signed acknowledgment of paternity may be ily where the father cooperates or acknowl- line for consideration by the Congress that is challenged in court only on the basis of edges paternity before or after genetic test- based on a study of various guideline models, fraud, duress, or material mistake of fact, ing. with the burden of proof upon the challenger, the benefits and deficiencies of such models, ‘‘(M) STANDING OF PUTATIVE FATHERS.— and any needed improvements. and under which the legal responsibilities Procedures ensuring that the putative father (c) MEMBERSHIP.— (including child support obligations) of any has a reasonable opportunity to initiate a signatory arising from the acknowledgment (1) NUMBER; APPOINTMENT.— paternity action.’’. may not be suspended during the challenge, (A) IN GENERAL.—The Commission shall be (b) NATIONAL PATERNITY ACKNOWLEDGMENT except for good cause shown. composed of 12 individuals appointed jointly AFFIDAVIT.—Section 452(a)(7) (42 U.S.C. ‘‘(II) Procedures under which, after the 60- by the Secretary of Health and Human Serv- 652(a)(7)) is amended by inserting ‘‘, and de- day period referred to in clause (i), a minor ices and the Congress, not later than Janu- velop an affidavit to be used for the vol- who signs an acknowledgment of paternity ary 15, 1997, of which— untary acknowledgment of paternity which other than in the presence of a parent or (i) 2 shall be appointed by the Chairman of shall include the social security account court-appointed guardian ad litem may re- the Committee on Finance of the Senate, number of each parent’’ before the semi- scind the acknowledgment in a judicial or and 1 shall be appointed by the ranking mi- colon. administrative proceeding, until the earlier nority member of the Committee; (c) TECHNICAL AMENDMENT.—Section 468 (42 of— (ii) 2 shall be appointed by the Chairman of U.S.C. 668) is amended by striking ‘‘a simple ‘‘(aa) attaining the age of majority; or the Committee on Ways and Means of the civil process for voluntarily acknowledging ‘‘(bb) the date of the first judicial or ad- House of Representatives, and 1 shall be ap- paternity and’’. ministrative proceeding brought (after the pointed by the ranking minority member of signing) to establish a child support obliga- SEC. 342. OUTREACH FOR VOLUNTARY PATER- the Committee; and tion, visitation rights, or custody rights with NITY ESTABLISHMENT. (iii) 6 shall be appointed by the Secretary respect to the child whose paternity is the (a) STATE PLAN REQUIREMENT.—Section of Health and Human Services. subject of the acknowledgment, and at which 454(23) (42 U.S.C. 654(23)) is amended by add- (B) QUALIFICATIONS OF MEMBERS.—Members the minor is represented by a parent, guard- ing at the end the following new subpara- of the Commission shall have expertise and ian ad litem, or attorney.’’; graph: experience in the evaluation and develop- (5) by striking subparagraph (E) and insert- ‘‘(C) publicize the availability and encour- ment of child support guidelines. At least 1 ing the following: age the use of procedures for voluntary es- member shall represent advocacy groups for ‘‘(E) BAR ON ACKNOWLEDGMENT RATIFICA- tablishment of paternity and child support custodial parents, at least 1 member shall TION PROCEEDINGS.—Procedures under which through a variety of means, which— represent advocacy groups for noncustodial no judicial or administrative proceedings are ‘‘(i) include distribution of written mate- parents, and at least 1 member shall be the required or permitted to ratify an unchal- rials as health care facilities (including hos- director of a State program under part D of lenged acknowledgment of paternity.’’; pitals and clinics), and other locations such title IV of the Social Security Act. (6) by striking subparagraph (F) and insert- as schools; (2) TERMS OF OFFICE.—Each member shall ing the following: ‘‘(ii) may include pre-natal programs to be appointed for a term of 2 years. A vacancy ‘‘(F) ADMISSIBILITY OF GENETIC TESTING RE- educate expectant couples on individual and in the Commission shall be filed in the man- SULTS.—Procedures— joint rights and responsibilities with respect ner in which the original appointment was ‘‘(i) requiring that the State admit into to paternity (and may require all expectant made. evidence, for purposes of establishing pater- recipients of assistance under part A to par- (d) COMMISSION POWERS, COMPENSATION, nity, results of any genetic test that is— ticipate in such pre-natal programs, as an ACCESS TO INFORMATION, AND SUPERVISION.— ‘‘(I) of a type generally acknowledged, by element of cooperation with efforts to estab- The first sentence of subparagraph (C), the accreditation bodies designated by the Sec- lish paternity and child support); first and third sentences of subparagraph retary, as reliable evidence of paternity; and ‘‘(iii) include, with respect to each child (D), subparagraph (F) (except with respect to ‘‘(II) performed by a laboratory approved discharged from a hospital after birth for the conduct of medical studies), clauses (ii) by such an accreditation body; whom paternity or child support has not and (iii) of subparagraph (G), and subpara- ‘‘(ii) that any objection to genetic testing been established, reasonable follow-up ef- graph (H) of section 1886(e)(6) of the Social results must be made in writing not later forts (including at least one contact of each Security Act shall apply to the Commission than a specified number of days before any parent whose whereabouts are known, except in the same manner in which such provisions hearing at which such results may be intro- where there is reason to believe such follow- apply to the Prospective Payment Assess- duced into evidence (or, at State option, not up efforts would put mother or child at risk), ment Commission. later than a specified number of days after providing— (e) REPORT.—Not later than 2 years after receipt of such results); and ‘‘(I) in the case of a child for whom pater- the appointment of members, the Commis- ‘‘(iii) that, if no objection is made, the test nity has not been established, information sion shall submit to the President, the Com- results are admissible as evidence of pater- on the benefits of and procedures for estab- mittee on Ways and Means of the House of nity without the need for foundation testi- lishing paternity; and Representatives, and the Committee on Fi- mony or other proof of authenticity or accu- ‘‘(II) in the case of a child for whom pater- nance of the Senate, a recommended na- racy.’’; and nity has been established but child support tional child support guideline and a final as- (7) by adding after subparagraph (H) the has not been established, information on the sessment of issues relating to such a pro- following new subparagraphs: benefits of and procedures for establishing a posed national child support guideline. H 3756 CONGRESSIONAL RECORD — HOUSE March 24, 1995

(f) TERMINATION.—The Commission shall ‘‘(B) to or on behalf of the child to whom SEC. 363. AUTHORITY TO COLLECT SUPPORT terminate 6 months after the submission of the support was owed, in the case of past-due FROM FEDERAL EMPLOYEES. the report described in subsection (e). support not so assigned.’’; (a) CONSOLIDATION AND STREAMLINING OF (D) in paragraph (3)— AUTHORITIES.— SEC. 352. SIMPLIFIED PROCESS FOR REVIEW AND (i) by striking ‘‘or (2)’’ each place it ap- (1) Section 459 (42 U.S.C. 659) is amended in ADJUSTMENT OF CHILD SUPPORT pears; and the caption by inserting ‘‘INCOME WITHHOLD- ORDERS. (ii) in subparagraph (B), by striking ‘‘under ING,’’ before ‘‘GARNISHMENT’’. (a) IN GENERAL.—Section 466(a)(10) (42 paragraph (2)’’ and inserting ‘‘on account of (2) Section 459(a) (42 U.S.C. 659(a)) is U.S.C. 666(a)(10)) is amended to read as fol- past-due support described in paragraph amended— lows: (2)(B)’’. (A) by striking ‘‘(a)’’ and inserting ‘‘(a) ‘‘(10) PROCEDURES FOR MODIFICATION OF SUP- (2) Section 464(b) (42 U.S.C. 664(b)) is CONSENT TO SUPPORT ENFORCEMENT.— PORT ORDERS.— amended— (B) by striking ‘‘section 207’’ and inserting ‘‘(A)(i) Procedures under which— (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) ‘‘section 207 of this Act and 38 U.S.C. 5301’’; ‘‘(I) every 3 years, at the request of either REGULATIONS.—’’; and and parent subject to a child support order, the (B) by striking paragraph (2). (C) by striking all that follows ‘‘a private State shall review and, as appropriate, ad- (3) Section 464(c) (42 U.S.C. 664(c)) is person,’’ and inserting ‘‘to withholding in ac- just the order in accordance with the guide- amended— cordance with State law pursuant to sub- lines established under section 467(a) if the (A) by striking ‘‘(c)(1) Except as provided sections (a)(1) and (b) of section 466 and regu- amount of the child support award under the in paragraph (2), as’’ and inserting ‘‘(c) DEFI- lations of the Secretary thereunder, and to order differs from the amount that would be NITION.—As’’; and any other legal process brought, by a State awarded in accordance with such guidelines, (B) by striking paragraphs (2) and (3). agency administering a program under this without a requirement for any other change (c) TREATMENT OF LUMP-SUM TAX REFUND part or by an individual obligee, to enforce in circumstances; and UNDER AFDC.— the legal obligation of such individual to ‘‘(II) upon request at any time of either (1) EXEMPTION FROM LUMP-SUM RULE.—Sec- provide child support or alimony.’’. parent subject to a child support order, the tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amend- (3) Section 459(b) (42 U.S.C. 659(b)) is State shall review and, as appropriate, ad- ed by adding at the end the following: ‘‘but amended to read as follows: just the order in accordance with the guide- this paragraph shall not apply to income re- ‘‘(b) CONSENT TO REQUIREMENTS APPLICA- lines established under section 467(a) based ceived by a family that is attributable to a BLE TO PRIVATE PERSON.—Except as other- on a substantial change in the circumstances child support obligation owed with respect to wise provided herein, each entity specified in of either such parent. a member of the family and that is paid to subsection (a) shall be subject, with respect ‘‘(ii) Such procedures shall require both the family from amounts withheld from a to notice to withhold income pursuant to parents subject to a child support order to be Federal income tax refund otherwise payable subsection (a)(1) or (b) of section 466, or to notified of their rights and responsibilities to the person owing such obligation, to the any other order or process to enforce support provided for under clause (i) at the time the extent that such income is placed in a quali- obligations against an individual (if such order is issued and in the annual information fied asset account (as defined in section order or process contains or is accompanied exchange form provided under subparagraph 406(j)) the total amounts in which, after such by sufficient data to permit prompt identi- (B). placement, does not exceed $10,000;’’. fication of the individual and the moneys in- ‘‘(B) Procedures under which each child (2) QUALIFIED ASSET ACCOUNT DEFINED.— volved), to the same requirements as would support order issued or modified in the State Section 406 (42 U.S.C. 606), as amended by apply if such entity were a private person.’’. after the effective date of this subparagraph section 302(g)(2) of this Act, is amended by (4) Section 459(c) (42 U.S.C. 659(c)) is redes- shall require the parents subject to the order adding at the end the following: ignated and relocated as paragraph (2) of to provide each other with a complete state- ‘‘(j)(1) The term ‘qualified asset account’ subsection (f), and is amended— ment of their respective financial condition means a mechanism approved by the State (A) by striking ‘‘responding to interrog- annually on a form which shall be estab- (such as individual retirement accounts, es- atories pursuant to requirements imposed by lished by the Secretary and provided by the crow accounts, or savings bonds) that allows section 461(b)(3)’’ and inserting ‘‘taking ac- State. The Secretary shall establish regula- savings of a family receiving aid to families tions necessary to comply with the require- tions for the enforcement of such exchange with dependent children to be used for quali- ments of subsection (A) with regard to any of information.’’. fied distributions. individual’’; and Subtitle G—Enforcement of Support Orders ‘‘(2) The term ‘qualified distribution’ (B) by striking ‘‘any of his duties’’ and all means a distribution from a qualified asset that follows and inserting ‘‘such duties.’’. SEC. 361. FEDERAL INCOME TAX REFUND OFF- account for expenses directly related to 1 or (5) Section 461 (42 U.S.C. 661) is amended by SET. more of the following purposes: striking subsection (b), and section 459 (42 (a) CHANGED ORDER OF REFUND DISTRIBU- ‘‘(A) The attendance of a member of the U.S.C. 659) is amended by inserting after sub- TION UNDER INTERNAL REVENUE CODE.—Sec- family at any education or training program. section (b) (as added by paragraph (3) of this tion 6402(c) of the Internal Revenue Code of ‘‘(B) The improvement of the employ- subsection) the following: 1986 is amended— ability (including self-employment) of a ‘‘(c) DESIGNATION OF AGENT; RESPONSE TO (1) by striking ‘‘The amount’’ and inserting member of the family (such as through the NOTICE OR PROCESS.—(1) The head of each ‘‘(1) IN GENERAL.—The amount’’; purchase of an automobile). agency subject to the requirements of this (2) by striking ‘‘paid to the State. A reduc- ‘‘(C) The purchase of a home for the fam- section shall— tion’’ and inserting ‘‘paid to the State. ily. ‘‘(A) designate an agent or agents to re- ‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’; ‘‘(D) A change of the family residence.’’. ceive orders and accept service of process; (3) by striking ‘‘has been assigned’’ and in- (d) EFFECTIVE DATE.—The amendments and serting ‘‘has not been assigned’’, and made by this section shall become effective ‘‘(B) publish (i) in the appendix of such reg- (4) by striking ‘‘and shall be applied’’ and October 1, 1999. ulations, (ii) in each subsequent republica- all that follows and inserting ‘‘and shall SEC. 362. INTERNAL REVENUE SERVICE COLLEC- tion of such regulations, and (iii) annually in thereafter be applied to satisfy any past-due TION OF ARREARS. the Federal Register, the designation of such support that has been so assigned.’’. (a) AMENDMENT TO INTERNAL REVENUE agent or agents, identified by title of posi- (b) ELIMINATION OF DISPARITIES IN TREAT- CODE.—Section 6305(a) of the Internal Reve- tion, mailing address, and telephone num- MENT OF ASSIGNED AND NON-ASSIGNED AR- nue Code of 1986 is amended— ber.’’. REARAGES.—(1) Section 464(a) (42 U.S.C. (1) in paragraph (1), by inserting ‘‘except as (6) Section 459 (42 U.S.C. 659) is amended by 664(a)) is amended— provided in paragraph (5)’’ after ‘‘collected’’; striking subsection (d) and by inserting after (A) by striking ‘‘(a)’’ and inserting ‘‘(a) (2) by striking ‘‘and’’ at the end of para- subsection (c)(1) (as added by paragraph (5) of OFFSET AUTHORIZED.—’’; graph (3); this subsection) the following: (B) in paragraph (1)— (3) by striking the period at the end of ‘‘(2) Whenever an agent designated pursu- (i) in the first sentence, by striking ‘‘which paragraph (4) and inserting a comma; ant to paragraph (1) receives notice pursuant has been assigned to such State pursuant to (4) by adding after paragraph (4) the follow- to subsection (a)(1) or (b) of section 466, or is section 402(a)(26) or section 471(a)(17)’’; and ing new paragraph: effectively served with any order, process, or (ii) in the second sentence, by striking ‘‘in ‘‘(5) no additional fee may be assessed for interrogatories, with respect to an individ- accordance with section 457 (b)(4) or (d)(3)’’ adjustments to an amount previously cer- ual’s child support or alimony payment obli- and inserting ‘‘as provided in paragraph (2)’’; tified pursuant to such section 452(b) with re- gations, such agent shall— (C) in paragraph (2), to read as follows: spect to the same obligor.’’; and ‘‘(A) as soon as possible (but not later than ‘‘(2) The State agency shall distribute (5) by striking ‘‘Secretary of Health, Edu- fifteen days) thereafter, send written notice amounts paid by the Secretary of the Treas- cation, and Welfare’’ each place it appears of such notice or service (together with a ury pursuant to paragraph (1)— and inserting ‘‘Secretary of Health and copy thereof) to such individual at his duty ‘‘(A) in accordance with section 457 (a)(4) Human Services’’. station or last-known home address; or (d)(3), in the case of past-due support as- (b) EFFECTIVE DATE.—The amendments ‘‘(B) within 30 days (or such longer period signed to a State pursuant to section made by this section shall become effective as may be prescribed by applicable State 402(a)(26) or section 471(a)(17); and October 1, 1997. law) after receipt of a notice pursuant to March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3757 subsection (a)(1) or (b) of section 466, comply compensation paid by such Secretary to a rected in accordance with such part D)’’ be- with all applicable provisions of such section former member of the Armed Forces who is fore ‘‘in an amount sufficient’’. 466; and in receipt of retired or retainer pay if such (4) RELATIONSHIP TO PART D OF TITLE IV.— ‘‘(C) within 30 days (or such longer period former member has waived a portion of his Section 1408 of such title is amended by add- as may be prescribed by applicable State retired pay in order to receive such com- ing at the end the following new subsection: law) after effective service of any other such pensation); and ‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any order, process, or interrogatories, respond ‘‘(iii) worker’s compensation benefits paid case involving a child support order against thereto.’’. under Federal or State law; but a member who has never been married to the (7) Section 461 (42 U.S.C. 661) is amended by ‘‘(B) do not include any payment— other parent of the child, the provisions of striking subsection (c), and section 459 (42 ‘‘(i) by way of reimbursement or otherwise, this section shall not apply, and the case U.S.C. 659) is amended by inserting after sub- to defray expenses incurred by such individ- shall be subject to the provisions of section section (c) (as added by paragraph (5) and ual in carrying out duties associated with 459 of the Social Security Act.’’. amended by paragraph (6) of this subsection) his employment; or (d) EFFECTIVE DATE.—The amendments the following: ‘‘(ii) as allowances for members of the uni- made by this section shall become effective 6 ‘‘(d) PRIORITY OF CLAIMS.—In the event formed services payable pursuant to chapter months after the date of the enactment of that a governmental entity receives notice 7 of title 37, United States Code, as pre- this Act. or is served with process, as provided in this scribed by the Secretaries concerned (defined section, concerning amounts owed by an in- by section 101(5) of such title) as necessary SEC. 364. ENFORCEMENT OF CHILD SUPPORT OB- dividual to more than one person— for the efficient performance of duty.’’. LIGATIONS OF MEMBERS OF THE ‘‘(1) support collection under section 466(b) (12) Section 462(g) (42 U.S.C. 662(g)) is re- ARMED FORCES. must be given priority over any other proc- designated and relocated as section 459(i) (42 (a) AVAILABILITY OF LOCATOR INFORMA- ess, as provided in section 466(b)(7); U.S.C. 659(i)). TION.— ‘‘(2) allocation of moneys due or payable to (13)(A) Section 462 (42 U.S.C. 662) is (1) MAINTENANCE OF ADDRESS INFORMA- an individual among claimants under section amended— TION.—The Secretary of Defense shall estab- 466(b) shall be governed by the provisions of (i) in subsection (e)(1), by redesignating lish a centralized personnel locator service such section 466(b) and regulations there- subparagraphs (A), (B), and (C) as clauses (i), that includes the address of each member of under; and (ii), and (iii); and the Armed Forces under the jurisdiction of ‘‘(3) such moneys as remain after compli- (ii) in subsection (e), by redesignating the Secretary. Upon request of the Secretary ance with subparagraphs (A) and (B) shall be paragraphs (1) and (2) as subparagraphs (A) of Transportation, addresses for members of available to satisfy any other such processes and (B). the Coast Guard shall be included in the cen- on a first-come, first-served basis, with any (B) Section 459 (42 U.S.C. 659) is amended tralized personnel locator service. such process being satisfied out of such mon- by adding at the end the following: (2) TYPE OF ADDRESS.— eys as remain after the satisfaction of all ‘‘(j) DEFINITIONS.—For purposes of this (A) RESIDENTIAL ADDRESS.—Except as pro- such processes which have been previously section—’’. vided in subparagraph (B), the address for a served.’’. (C) Subsections (a) through (e) of section member of the Armed Forces shown in the (8) Section 459(e) (42 U.S.C. 659(e)) is 462 (42 U.S.C. 662), as amended by subpara- locator service shall be the residential ad- amended by striking ‘‘(e)’’ and inserting the graph (A) of this paragraph, are relocated dress of that member. following: and redesignated as paragraphs (1) through (B) DUTY ADDRESS.—The address for a ‘‘(e) NO REQUIREMENT TO VARY PAY CY- (4), respectively of section 459(j) (as added by member of the Armed Forces shown in the CLES.—’’. subparagraph (B) of this paragraph, (42 locator service shall be the duty address of (9) Section 459(f) (42 U.S.C. 659(f)) is amend- U.S.C. 659(j)), and the left margin of each of that member in the case of a member— ed by striking ‘‘(f)’’ and inserting the follow- such paragraphs (1) through (4) is indented 2 (i) who is permanently assigned overseas, ing: ems to the right of the left margin of sub- to a vessel, or to a routinely deployable unit; ‘‘(f) RELIEF FROM LIABILITY.—(1)’’. section (i) (as added by paragraph (12) of this or (10) Section 461(a) (42 U.S.C. 661(a)) is re- subsection). (ii) with respect to whom the Secretary designated and relocated as section 459(g), (b) CONFORMING AMENDMENTS.— concerned makes a determination that the and is amended— (1) TO PART D OF TITLE IV.—Sections 461 and member’s residential address should not be (A) by striking ‘‘(g)’’ and inserting the fol- 462 (42 U.S.C. 661), as amended by subsection disclosed due to national security or safety lowing: (a) of this section, are repealed. concerns. ‘‘(g) REGULATIONS.—’’; and (2) TO TITLE 5, UNITED STATES CODE.—Sec- (3) UPDATING OF LOCATOR INFORMATION.— (B) by striking ‘‘section 459’’ and inserting tion 5520a of title 5, United States Code, is Within 30 days after a member listed in the ‘‘this section’’. amended, in subsections (h)(2) and (i), by locator service establishes a new residential (11) Section 462 (42 U.S.C. 662) is amended striking ‘‘sections 459, 461, and 462 of the So- address (or a new duty address, in the case of by striking subsection (f), and section 459 (42 cial Security Act (42 U.S.C. 659, 661, and 662)’’ a member covered by paragraph (2)(B)), the U.S.C. 659) is amended by inserting the fol- and inserting ‘‘section 459 of the Social Secu- Secretary concerned shall update the locator lowing after subsection (g) (as added by para- rity Act (42 U.S.C. 659)’’. service to indicate the new address of the graph (10) of this subsection): (c) MILITARY RETIRED AND RETAINER PAY.— member. ‘‘(h) MONEYS SUBJECT TO PROCESS.—(1) (1) DEFINITION OF COURT.—Section 1408(a)(1) (4) AVAILABILITY OF INFORMATION.—The Subject to subsection (i), moneys paid or of title 10, United States Code, is amended— Secretary of Defense shall make information payable to an individual which are consid- (A) by striking ‘‘and’’ at the end of sub- regarding the address of a member of the ered to be based upon remuneration for em- paragraph (B); Armed Forces listed in the locator service ployment, for purposes of this section— (B) by striking the period at the end of available, on request, to the Federal Parent ‘‘(A) consist of— subparagraph (C) and inserting ‘‘; and’’; and Locator Service. ‘‘(i) compensation paid or payable for per- (C) by adding after subparagraph (C) the (b) FACILITATING GRANTING OF LEAVE FOR sonal services of such individual, whether following new paragraph: ATTENDANCE AT HEARINGS.— such compensation is denominated as wages, ‘‘(D) any administrative or judicial tribu- (1) REGULATIONS.—The Secretary of each salary, commission, bonus, pay, allowances, nal of a State competent to enter orders for military department, and the Secretary of or otherwise (including severance pay, sick support or maintenance (including a State Transportation with respect to the Coast pay, and incentive pay); agency administering a State program under Guard when it is not operating as a service ‘‘(ii) periodic benefits (including a periodic part D of title IV of the Social Security in the Navy, shall prescribe regulations to benefit as defined in section 228(h)(3)) or Act).’’; facilitate the granting of leave to a member other payments— (2) DEFINITION OF COURT ORDER.—Section of the Armed Forces under the jurisdiction ‘‘(I) under the insurance system estab- 1408(a)(2) of such title is amended by insert- of that Secretary in a case in which— lished by title II; ing ‘‘or a court order for the payment of (A) the leave is needed for the member to ‘‘(II) under any other system or fund estab- child support not included in or accompanied attend a hearing described in paragraph (2); lished by the United States which provides by such a decree of settlement,’’ before (B) the member is not serving in or with a for the payment of pensions, retirement or ‘‘which—’’. unit deployed in a contingency operation (as retired pay, annuities, dependents’ or survi- (3) PUBLIC PAYEE.—Section 1408(d) of such defined in section 101 of title 10, United vors’ benefits, or similar amounts payable on title is amended— States Code); and account of personal services performed by (A) in the heading, by striking ‘‘to spouse’’ (C) the exigencies of military service (as the individual or any other individual; and inserting ‘‘to (or for benefit of)’’; and determined by the Secretary concerned) do ‘‘(III) as compensation for death under any (B) in paragraph (1), in the first sentence, not otherwise require that such leave not be Federal program; by inserting ‘‘(or for the benefit of such granted ‘‘(IV) under any Federal program estab- spouse or former spouse to a State central (2) COVERED HEARINGS.—Paragraph (1) ap- lished to provide ‘black lung’ benefits; or collections unit or other public payee des- plies to a hearing that is conducted by a ‘‘(V) by the Secretary of Veterans Affairs ignated by a State, in accordance with part court or pursuant to an administrative proc- as pension, or as compensation for a service- D of title IV of the Social Security Act, as ess established under State law, in connec- connected disability or death (except any directed by court order, or as otherwise di- tion with a civil action— H 3758 CONGRESSIONAL RECORD — HOUSE March 24, 1995

(A) to determine whether a member of the ‘‘(II) affording the person owing the arrears ‘‘(A) FINALITY.—Procedures’’; Armed Forces is a natural parent of a child; or other titleholder to contest the amount of (2) by redesignating subparagraphs (A), (B), or arrears or to obtain a release upon fulfilling and (C) as clauses (i), (ii), and (iii), respec- (B) to determine an obligation of a member the support obligation; tively, and by indenting each of such clauses of the Armed Forces to provide child sup- ‘‘(iv) such a lien has precedence over all 2 additional ems to the right; and port. other encumbrances on a vehicle title other (3) by adding after and below subparagraph (3) DEFINITIONS.—for purposes of this sub- than a purchase money security interest; (A), as redesignated, the following new sub- section; and paragraph: (A) The term ‘‘court’’ has the meaning ‘‘(v) the individual or State agency owed ‘‘(B) STATUTE OF LIMITATIONS.—Procedures given that term in section 1408(a) of title 10, the arrears may execute on, seize, and sell under which the statute of limitations on United States Code. the property in accordance with State law.’’. any arrearages of child support extends at (B) The term ‘‘child support’’ has the SEC. 366. VOIDING OF FRAUDULENT TRANSFERS. least until the child owed such support is 30 meaning given such term in section 462 of Section 466(a) (42 U.S.C. 666(a)), as amended years of age.’’. the Social Security Act (42 U.S.C. 662). by sections 301(a), 328(a), and 331 of this Act, (b) APPLICATION OF REQUIREMENT.—The (c) PAYMENT OF MILITARY RETIRED PAY IN is amended by adding at the end the follow- amendment made by this section shall not be COMPLIANCE WITH CHILD SUPPORT ORDERS.— ing new paragraph: read to require any State law to revive any (1) DATE OF CERTIFICATION OF COURT ‘‘(15) FRAUDULENT TRANSFERS.—Procedures payment obligation which had lapsed prior ORDER.—Section 1408 of title 10, United under which— to the effective date of such State law. States Code, is amended— ‘‘(A) the State has in effect— (A) by redesignating subsection (i) as sub- ‘‘(i) the Uniform Fraudulent Conveyance SEC. 370. CHARGES FOR ARREARAGES. section (j); and Act of 1981, (A) STATE LAW REQUIREMENT.—Section (B) by inserting after subsection (h) the ‘‘(ii) the Uniform Fraudulent Transfer Act 466(a) (42 U.S.C. 666(a)), as amended by sec- following new subsection (i): of 1984, or tion 301(a), 328(a), 331, 366, and 367 of this Act, ‘‘(i) CERTIFICATION DATE.—It is not nec- ‘‘(iii) another law, specifying indicia of is amended by adding at the end the follow- essary that the date of a certification of the fraud which create a prima facie case that a ing new paragraph: authenticity or completeness of a copy of a debtor transferred income or property to ‘‘(17) CHARGES FOR ARREARAGES.—Proce- court order or an order of an administrative avoid payment to a child support creditor, dures providing for the calculation and col- process established under State law for child which the Secretary finds affords com- lection of interest or penalties for arrearages support received by the Secretary concerned parable rights to child support creditors; and of child support, and for distribution of such for the purposes of this section be recent in ‘‘(B) in any case in which the State knows interest or penalties collected for the benefit relation to the date of receipt by the Sec- of the child (except where the right to sup- retary.’’. of a transfer by a child support debtor with respect to which such a prima facie case is port has been assigned to the State).’’. (2) PAYMENTS CONSISTENT WITH ASSIGN- established, the State must— (b) REGULATIONS.—The Secretary of Health MENTS OF RIGHTS TO STATES.—Section ‘‘(i) seek to void such transfer; or and Human Services shall establish by regu- 1408(d)(1) of such title is amended by insert- lation a rule to resolve choice of law con- ing after the first sentence the following: ‘‘In ‘‘(ii) obtain a settlement in the best inter- ests of the child support creditor.’’. flicts arising in the implementation of the the case of a spouse or former spouse who, amendment made by subsection (a). pursuant to section 402(a)(26) of the Social SEC. 367. STATE LAW AUTHORIZING SUSPENSION OF LICENSES. (c) CONFORMING AMENDMENT.—Section Security Act (42 U.S.C. 602(26)), assigns to a 454(21) (42 U.S.C. 654(21)) is repealed. State the rights of the spouse or former Section 466(a) (42 U.S.C. 666(a)), as amended by sections 301(a), 328(a), 331, and 166 of this (d) EFFECTIVE DATE.—The amendments spouse to receive support, the Secretary con- made by this section shall be effective with cerned may make the child support pay- Act, is amended by adding at the end the fol- lowing new paragraph: respect to arrearages accruing on or after ments referred to in the preceding sentence October 1, 1998. to that State in amounts consistent with ‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND that assignment of rights.’’. LICENSES.—Procedures under which the State SEC. 371. DENIAL OF PASSPORTS FOR (3) ARREARAGES OWED BY MEMBERS OF THE has (and uses in appropriate cases) authority NONPAYMENT OF CHILD SUPPORT. UNIFORMED SERVICES.—Section 1408(d) of such (subject to appropriate due process safe- (a) HHS CERTIFICATION PROCEDURE.— title is amended by adding at the end the fol- guards) to withhold or suspend, or to restrict (1) SECRETARIAL RESPONSIBILITY.—Section lowing new paragraph: the use of driver’s licenses, professional and 452 (42 U.S.C. 652), as amended by sections ‘‘(6) In the case of a court order or an order occupational licenses, and recreational li- 315(a)(3) and 317 of this Act, is amended by of an administrative process established censes of individuals owing overdue child adding at the end the following new sub- under State law for which effective service is support or failing, after receiving appro- section: made on the Secretary concerned on or after priate notice, to comply with subpoenas or ‘‘(l) CERTIFICATIONS FOR PURPOSES OF PASS- the date of the enactment of this paragraph warrants relating to paternity or child sup- PORT RESTRICTIONS.— and which provides for payments from the port proceedings.’’. ‘‘(1) IN GENERAL.—Where the Secretary re- disposable retired pay of a member to satisfy SEC. 368. REPORTING ARREARAGES TO CREDIT ceives a certification by a State agency in the amount of child support set forth in the BUREAUS. accordance with the requirements of section order, the authority provided in paragraph Section 466(a)(7) (42 U.S.C. 666(a)(7)) is 454(28) that an individual owes arrearages of (1) to make payments from the disposable re- amended to read as follows: child support in an amount exceeding $5,000 tired pay of a member to satisy the amount ‘‘(7) REPORTING ARREARAGES TO CREDIT BU- or in an amount exceeding 24 months’ worth of child support set forth in a court or an REAUS.—(A) Procedures (subject to safe- of child support, the Secretary shall trans- order of an administrative process estab- guards pursuant to subparagraph (B)) requir- mit such certification to the Secretary of lished under State law shall apply to pay- ing the State to report periodically to State for action (with respect to denial, rev- ment of any amount of child support arrear- consumer reporting agencies (as defined in ocation, or limitation of passports) pursuant ages set forth in that order as well as to section 603(f) of the Fair Credit Reporting to section 171(b) of this Act. amounts of child support that currently be- Act (15 U.S.C. 1681a(f)) the name of any ab- ‘‘(2) LIMIT ON LIABILITY.—The Secretary come due.’’. sent parent who is delinquent by 90 days or shall not be liable to an individual for any SEC. 365. MOTOR VEHICLE LIENS. more in the payment of support, and the action with respect to a certification by a Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amount of overdue support owed by such par- State agency under this section.’’. amended— ent. (2) STATE CSE AGENCY RESPONSIBILITY.— (1) by striking ‘‘(4) Procedures’’ and insert- ‘‘(B) Procedures ensuring that, in carrying Section 454 (42 U.S.C. 654), as amended by ing the following: out subparagraph (A), information with re- sections 304(a), 314(b), and 322(a) of this Act, ‘‘(4) LIENS.— spect to an absent parent is reported— is amended— ‘‘(A) IN GENERAL.—Procedures’’; and ‘‘(i) only after such parent has been af- (A) by striking ‘‘and’’ at the end of para- (2) by adding at the end the following new forded all due process required under State graph (26); subparagraph: law, including notice and a reasonable oppor- (B) by striking the period at the end of ‘‘(B) MOTOR VEHICLE LIENS.—Procedures for tunity to contest the accuracy of such infor- paragraph (27) and inserting ‘‘; and’’; and placing liens for arrears of child support on mation; and (C) by adding after paragraph (27) the fol- motor vehicle titles of individuals owing ‘‘(ii) only to an entity that has furnished lowing new paragraph: such arrears equal to or exceeding two evidence satisfactory to the State that the ‘‘(28) provide that the State agency will months of support, under which— entity is a consumer reporting agency.’’. have in effect a procedure (which may be ‘‘(i) any person owed such arrears may SEC. 389. EXTENDED STATUTE OF LIMITATION combined with the procedure for tax refund place such a lien; FOR COLLECTION OF ARREARAGES. offset under section 464) for certifying to the ‘‘(ii) the State agency administering the (a) AMENDMENTS.—Section 466(a)(9) (42 Secretary, for purposes of the procedure program under this part, shall systemati- U.S.C. 666(a)(9)) is amended— under section 452(l) (concerning denial of cally place such liens; (1) by striking ‘‘(9) Procedures’’ and insert- passports) determinations that individuals ‘‘(iii) expedited methods are provided for— ing the following: owe arrearages of child support in an amount ‘‘(I) ascertaining the amount of arrears; ‘‘(9) LEGAL TREATMENT OF ARREARS.— exceeding $5,000 or in an amount exceeding 24 March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3759 months’ worth of child support, under which of the plan merely because it operates in ac- except that the amendment made by sub- procedure— cordance with this paragraph. section (a)(4) shall take effect on October 1, ‘‘(A) each individual concerned is afforded Subtitle I—Effect of Enactment 1996. notice of such determination and the con- SEC. 391. EFFECTIVE DATES. sequences thereof, and an opportunity to TITLE VI—EFFECTIVE DATE (A) IN GENERAL.—Except as otherwise spe- contest the determination; and SEC. 601. EFFECTIVE DATE. ‘‘(B) the certification by the State agency cifically provided (but subject to subsections Except as otherwise provided in this Act, is furnished to the Secretary in such format, (b) and (c))— and accompanied by such supporting docu- (1) provisions of this title requiring enact- this Act and the amendments made by this mentation, as the Secretary may require.’’. ment or amendment of State laws under sec- Act shall take effect on October 1, 1996. tion 466 of the Social Security Act, or revi- (b) STATE DEPARTMENT PROCEDURE FOR DE- The CHAIRMAN. Pursuant to the NIAL OF PASSPORTS.— sion of State plans under section 454 of such rule the gentlewoman from Hawaii Act, shall be effective with respect to periods (1) IN GENERAL.—The Secretary of State, [Mrs. MINK] will be recognized for 30 upon certification by the Secretary of Health beginning on and after October 1, 1996; and minutes and a Member opposed will be and Human Services, in accordance with sec- (2) all other provisions of this title shall become effective upon enactment. recognized for 30 minutes. tion 452(l) of the Social Security Act, that an The Chair recognizes the gentle- individual owes arrearages of child support (b) GRACE PERIOD FOR STATE LAW in excess of $5,000, shall refuse to issue a CHANGES.—The provisions of this title shall woman from Hawaii [Mrs. MINK]. passport to such individual, and may revoke, become effective with respect to a State on Mrs. MINK of Hawaii. Mr. Chairman, restrict, or limit a passport issued previously the later of— I yield myself such time as I may to such individual. (1) the date specified in this title, or consume. (2) LIMIT ON LIABILITY.—The Secretary of (2) the effective date of laws enacted by the (Mrs. MINK of Hawaii asked and was legislature of such State implementing such State shall not be liable to an individual for given permission to revise and extend any action with respect to a certification by provisions, but in no event later than the a State agency under this section. first day of the first calender quarter begin- her remarks.) (c) EFFECTIVE DATE.—This section and the ning after the close of the first regular ses- Mrs. MINK of Hawaii. Mr. Chairman, amendments made by this section shall be- sion of the State legislature that begins I rise today to speak for the millions of come effective October 1, 1996. after the date of enactment of this Act. For women and children whose lives will be SEC. 372. INTERNATIONAL CHILD SUPPORT EN- purposes of the previous sentence, in the deeply affected by what we do. In the FORCEMENT. case of a State that has a 2-year legislative name of reform, we are about to de- session, each year of such session shall be (A) SENSE OF THE CONGRESS THAT THE UNIT- stroy the foundations which have been ED STATES SHOULD RATIFY THE UNITED NA- deemed to be a separate regular session of built over the years to build a frame- TIONS CONVENTION OF 1956.—It is the sense of the State legislature. the Congress that the United States should (c) GRACE PERIOD FOR STATE CONSTITU- work of support and help. What was a ratify the United Nations Convention of 1956. TIONAL AMENDMENT.—A State shall not be reform effort has now turned into a (b) TREATMENT OF INTERNATIONAL CHILD found out of compliance with any require- savage effort to cut away needed funds SUPPORT CASES AS INTERSTATE CASES.—Sec- ment enacted by this title if it is unable to for our most vulnerable children in tion 454 (42 U.S.C. 654), as amended by sec- comply without amending the State con- order to pay for the tax cuts for the stitution until the earlier of— tions 304(a), 314(b), 322(a), and 371(a)(2) of this wealthiest in America. Changing the Act, is amended— (1) the date one year after the effective (1) by striking ‘‘and’’ at the end of para- date of the necessary State constitutional AFDC Program from an entitlement to graph (27); amendment, or a block grant means that you blow (2) by striking the period at the end of (2) the date five years after enactment of away its foundation of support. Chang- paragraph (28) and inserting ‘‘; and’’; and this title. ing the National School Lunch Pro- (3) by inserting after paragraph (28) the fol- SEC. 392. SEVERABILITY. gram from an entitlement to a block lowing: If any provision of this title or the applica- grant means that you place every ‘‘(29) provide that the State must treat tion thereof to any person or circumstance is international child support cases in the same schoolchild in jeopardy that their held invalid, the invalidity shall not affect school may have to drop out of the pro- manner as the State treats interstate child other provisions or applications of this title support cases.’’. which can be given effect without regard to gram. What good is it to say that there Subtitle H—Medical Support the invalid provision or application, and to are funds for needy children if the SEC. 381. TECHNICAL CORRECTION TO ERISA this end the provisions of this title shall be schools they attend have no school DEFINITION OF MEDICAL CHILD severable. lunch program at all? Changing the SUPPORT ORDER. TITLE IV—REAUTHORIZATION OF CHILD child care programs from entitlements (a) GENERAL.—Section 609(a)(2)(B) of the CARE AND DEVELOPMENT BLOCK GRANT to block grants means that you dimin- Employee Retirement Income Security Act ish the level of commitment to child of 1974 (29 U.S.C. 1169(a)(2)(B)) is amended— SEC. 431. REAUTHORIZATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT. (1) by striking ‘‘issued by a court of com- care as the most important element re- Section 658B of the Child Care and Devel- petent jurisdiction’’; quired to achieve work and self-suffi- (2) by striking the period at the end of opment Block Grant Act of 1990 (42 U.S.C. ciency. clause (ii) and inserting a comma; and 9858) is amended to read as follows: The Republican attack against our (3) by adding, after and below clause (ii), ‘‘SEC. 658B. AUTHORIZATION OF APPROPRIA- efforts to build back a future for wel- the following: ‘‘if such judgment, decree, or TIONS. ‘‘There are authorized to be appropriated fare families by job training, job order (I) is issued by a court of competent ju- search, and child care argues that all risdiction or (II) is issued by an administra- to carry out this subchapter— tive adjudicator and has the force and effect ‘‘(1) such sums as may be necessary for fis- we do is defend the status quo. For of law under applicable State law.’’. cal year 1995; most of this century America has stood (b) EFFECTIVE DATE.— ‘‘(2) $1,000,000,000 for fiscal year 1996; tall as a country that helped its poor, (1) IN GENERAL.—The amendments made by ‘‘(3) $1,500,000,000 for fiscal year 1997; and fed its children, and nursed its this section shall take effect on the date of ‘‘(4) $2,000,000,000 for fiscal year 1998; sick. If this is the status quo, I am the enactment of this Act. ‘‘(5) $2,500,000,000 for fiscal year 1999; proud to defend it because this is what (2) PLAN AMENDMENTS NOT REQUIRED UNTIL ‘‘(6) $3,000,000,000 for fiscal year 2000; and ‘‘(7) $3,500,000,000 for fiscal year 2001.’’. I believe America is all about. JANUARY 1, 1996.—Any amendment to a plan It is not about bashing women as il- required to be made by an amendment made TITLE V—AMENDMENTS TO THE by this section shall not be required to be INTERNAL REVENUE CODE licit and unfit mothers. It is not about bashing legal aliens. It is not about made before the first plan year beginning on SEC. 501. INCREASE IN TOP MARGINAL RATE or after January 1, 1996, if— UNDER SECTION 11. bashing children because they were (A) during the period after the date before (a) IN GENERAL.—The following provisions born out of wedlock. the date of the enactment of this Act and be- of the Internal Revenue Code of 1986 are America is about having the great- fore such first plan year, the plan is operated amended by striking ‘‘35’’ and inserting ness to offer help where needed. I rise in accordance with the requirements of the ‘‘36.25’’: today because I passionately reject the amendments made by this section, and (1) Section 11(b)(1). (B) such plan amendment applies retro-ac- meanness that I see and hear. I reject (2) Section 11(b)(2). that the poor are less deserving of our tively to the period after the date before the (3) Section 1201(a). date of the enactment of this Act and before (4) Paragraphs (1) and (2) of section 1445(e) love and affection. such first plan year. (b) EFFECTIVE DATE.—The amendments The facts my colleagues is what gives A plan shall not be treated as failing to be made by this section shall apply to taxable me the spirit to fight back today. The operated in accordance with the provisions years beginning on or after October 1, 1996, facts, if you care to read, tell you that H 3760 CONGRESSIONAL RECORD — HOUSE March 24, 1995 50 percent of the adult poor on welfare, self-sufficiency through employment. It pro- liminary assessment of the self-sufficiency work. You don’t need to force them to vides the resources necessary to give welfare needs of the family and whether they qualify get up everyday like you think. They recipients the education, job training, job re- for the JOBS program is required. A more struggle to feed their families. They search assistance and child care that they detailed self-sufficiency plan must be devel- need to find a job and sets them on a course know that they want something better oped for every participant in the JOBS pro- toward employment through the Job Cre- gram. The plan will explain how the State for themselves. They don’t need a law ation and Work Experience program. It also will help and what the recipient will do to to force them to love their children. includes a strong work requirement and in- pursue employment. It will identify the edu- More than half of the adults on welfare creases state flexibility. cation, training and support services that have 4 years of work experience. They Foremost is the fact the Mink plan pro- will be provided to reach the goal of self-suf- are not lazy and seeking dependency as tects children. It does not allow states to ficiency, and it will set a timetable for a way of life. They are despondent be- deny benefits to teenage mothers and chil- achieving the goals. dren born into families already on AFDC. It cause of events beyond their control, Work Requirement.—Every recipient with does not allow children to be out on the a self-sufficiency plan must work after edu- sickness, being laid off a job because of street because they have been thrown off of cation, training, job search or any other pre- corporate downsizing, divorce, or welfare after two years. It helps to keep chil- death. dren and families off of welfare by allowing paratory activity required by their self-suffi- Our substitute bill that we offer is health care, child care, housing and Food ciency plan. If the recipient cannot find a the truth about America. It acknowl- Stamp benefits to continue for a short term job, the state must provide a subsidized job through the Job Creation and Work Experi- edges that States should have greater after the family is off of AFDC. It increases child support enforcement so that single-par- ence program for at least two years. flexibility in designing the job training Components of the Job Creation and Work and child care programs. But we guar- ent families have a contribution from the ab- sent parent to help sustain the family. And Experience Program.—Each State designs its antee the funds with which to do it. If it eliminates the discrimination of two par- own program to provide employment in the Federal funds are to be spent there ent families in the AFDC system. public or private sector for AFDC recipients. must be uniformity throughout the Na- The major differences between the Mink The jobs must pay at least Federal minimum tion on such things as eligibility stand- plan and other welfare proposals are: retains wage and may be subsidized. Child care and ards, but beyond that the States must entitlement status of the program; no arbi- Medicaid eligibility must be sustained have the ability to decide how to trary cut off of benefits (people who refuse to throughout the program. Protections against achieve the goals of job placement work or turn down a job are denied benefits); displacing existing employees at a company protects children because it does not include which are required in this bill. or organization participating in a subsidized requirement to deny benefits to teenage job program are included. We reward families that work by not mothers or children who are born to families Time limits.—There are no arbitrary time pulling them out of essential support already on AFDC; rewards states for success- limits on AFDC benefits. Requires a recipi- like food stamps, housing, and child fully moving welfare recipients into jobs; ent to get a job once they have completed care. makes the investments necessary to prepare education or training as determined by their We extend support to low-income welfare recipients for work; helps families self-sufficiency plan. If a job is not available, working families not on welfare, but as stay off of welfare by allowing them to re- they must be placed in the Job Creation and tain health, child care, housing and Food much in need of help, by providing Work Experience program for at least two Stamp benefits for up to two years, and does years. Any one who refuses to work or turns them with child care services as well. not finance welfare by denying benefits to down a job will be cut off of welfare. How- In truth, Mr. Chairman, this sub- legal immigrants. stitute bill which has 75 cosponsors is ever, AFDC recipients who play by the rules I. WORK OPPORTUNITIES AND REQUIREMENTS but cannot find a job because there are no an expression of belief and hope which Work and preparing for work are essential jobs do not get punished by being cut off of is the icon of American ideology. Best elements in a welfare reform. The Mink plan welfare. of all it demeans no one because they provides welfare recipients with the edu- Jobs and work funding.—The Job Creation are poor, and it protects children and cation, job training and child care necessary and Work Experience Program is a new pro- legal aliens by refusing to segregate to obtain a job and stay employed. State are gram under JOBS. Funding for JOBS will their rights and privileges because of provided more flexibility in implementing continue to be based on a Federal/State the JOBS program to help prepare welfare status, and assures stability of Federal share and remain a capped entitlement to recipients for work and enhances JOBS with the States at the following levels (including support while allowing maximum flexi- a new work program (The Jobs Creation and bility to the States to provide for jobs, the $1 billion currently authorized for Work Experience Program). This is not a JOBS): $1.5 billion in FY 1997; $1.9 billion in job training and child care. Yes, it cuts one-size fits all approach. It eliminate cum- FY 1998; $2.8 billion in FY 1999; $3.7 billion in off support if the parent refuses a job bersome requirements under the JOBS pro- FY 2000, and $5.0 billion in FY 2001. offer, but it does not set an arbitrary gram and allows states flexibility in deter- Rewards success.—Increases Federal share mining who is required to participate in time limit which could not be met ei- of the JOBS program and Transitional Child JOBS and who is exempt. There is no arbi- Care program by 10 percent for States which ther by the State or by the commu- trary time limit for AFDC benefits but al- meet a certain success rate in moving fami- nity. To cut off a family in need when lows states to work with individual families lies on welfare into work (actual rate in- there is neither job, nor job offer, is to determine what is necessary to get them crease for JOBS program would equal 70% or cruel. What will the children do to sur- off of welfare and become self-sufficient vive? Separate the siblings in foster through employment. the Federal Medicaid Match plus 10%). In order to receive the increased federal share care, in orphanages? A job must be The Mink plan includes a strong work re- quirement. Every recipient with a self-suffi- the number of JOBS participants who leave found before any funds are cut. That is the AFDC program due to employment (does the object, isn’t it? Help families find ciency plan must be in a job after the edu- cation, training or job search activities re- not include subsidized employment) within work that earns their way off of wel- quired in their self-sufficiency plan are com- the given year must equal: 1⁄4 of JOBS par- fare. This is our goal. This is the goal pleted. If they cannot find a job they must ticipants in fiscal year 1998, 1⁄3 of JOBS par- of an American that cares. This is not participate in the Job Creation and Work Ex- ticipants in fiscal year 1999, and 1⁄2 of JOBS the status quo, because there is no such perience Program for two years. States are participants in fiscal year 2000 or any year goal in current law. Vote for the Mink given maximum flexibility to design the thereafter. substitute. Work program to fit the needs of their AFDC Promotes families.—Eliminates require- families and their community. ments discriminating against two-parent FAMILY STABILITY AND WORK ACT (H.R. 1250) The basic components of this program are: families. SPONSORED BY CONGRESSWOMAN PATSY T. Participation rates.—States decide who MINK II. CHILD CARE participates and who is exempt, so long as SUMMARY the following participation rates are Child Care is essential in order for AFDC The Welfare debate has been centered achieved: 15 percent of AFDC families in FY mothers to work or participate in an edu- around getting people off of welfare through 1997; 20 percent of AFDC families in FY 1998; cation or job training program. Child care is arbitrary time limits and denying benefits to 25 percent of AFDC families in FY 1999; 30 often the most difficult support service for teenage mothers and children born into wel- percent of AFDC families in FY 2000; 35 per- mothers to find and the most expensive. The fare families, all in an attempt to reduce fed- cent of AFDC families in FY 2001; 40 percent Mink plan increases the Federal investment eral welfare spending. Very little has cen- of AFDC families in FY 2002; and 50 percent in child care so that AFDC mothers can tered around what is truly necessary to help of AFDC families in FY 2003 and each suc- work to support their families and extend families get off of welfare and stay off. ceeding year. transitional child care assistance so that The Mink plan is a forthright and honest Self-sufficiency plan.—Within 30 days of families who have left the AFDC system can plan which seeks to move welfare families to being determined eligible for AFDC, a pre- stay off of welfare. In addition, the Mink March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3761 plan makes a significant investment in child interstate child support enforcement b 1100 care for other low-income families through through: the At-Risk Child Care program and the Establishment of state automated systems Such an approach removes a whole Child Care Development Block Grant pro- on child support orders; layer of expensive Federal bureaucracy gram. Establishment of a Federal automated sys- that will free up more resources, more Child Care Guarantee.—Retains the Child tem which will include state data on child resources, Mr. Chairman, to try inno- Care Guarantee for AFDC recipients and support orders and a directory of new hires; vative, new approaches at the local JOBS participants. Extends the Transitional Requiring all states to adopt the Uniform level to truly change people’s lives. Child Care program for families who leave Interstate Family Support Act, which estab- AFDC for an additional year. (current pro- lishes a framework for determining which This substitute before us does not do gram is one year). Families who leave AFDC state retains jurisdiction of interstate cases that. It keeps the same expensive would be eligible for transitional child care and governs the relationship amongst states Washington welfare bureaucracy in for two years or until their family income in this area. place, and, in fact, increases costs and reaches 200% of poverty. Improved sanctions including, state guide- Federal requirements. It requires Increase Federal Match.—Increases the lines for driver’s license suspension, and the States, as an example, to provide a denial of passports for individual who are federal share for the AFDC & Transitional public sector or subsidized private sec- Child Care by 10%. more than $5000 or 24 months arrears; Child Care for Non-AFDC families.—In- Granting families who are owed child sup- tor job paying minimum wage for at creases the Federal Match for the At-Risk port first right of access to an IRS refund least 2 years for each recipient. It Child Care program by 10% and increases credited to a delinquent non-custodial par- raises the jobs program participation capped entitlement to: $800 million in fiscal ent; requirements 5 percent annually, and it year 1997; $1.3 billion in fiscal year 1998; $1.8 Increasing the Federal matching rate from guarantees former AFDC families child billion in fiscal year 1999; $2.3 billion in fiscal 66% to 75% and including incentive pay- ments of up to 15% for state’s based on pater- care indefinitely, until their income year 2000, and $2.8 billion in fiscal year 2001. reaches 200 percent of poverty. It is the Reauthorizes the Child Care Development nity establishment and overall performance Block Grant program for five years with the of state program. 80% Federal matching rate status quo, as the gentlewoman from following authorization levels: $1.0 billion in for the development of automated systems. Hawaii [Mrs. MINK] has said, but it is fiscal year 1996; $1.5 billion in fiscal year V. FINANCING more than that. It is more of the same. 1997; $2.0 billion in fiscal year 1998; $2.5 bil- Corporate America benefits from billions Again, I believe this substitute traps lion in fiscal year 1999; $3.0 billion in fiscal of dollar worth of corporate welfare—sub- us in the failed welfare system of the year 2000, and $3.5 billion in fiscal year 2001. sidies, tax breaks, credits, direct federal past, so what we need to do is we need III. MAKING WORK PAY spending—every major corporation and busi- to end the perverse incentives of the ness receives some kind of benefit from the Helping former AFDC families stay off of Federal government. Corporations must do past. We need to make people work, we welfare must be one of our primary goals. their share in investing in our nation’s most need to encourage families to stay to- Currently over 1⁄2 of the AFDC population cy- vulnerable in our society. gether, we need to slash the costly and cles on and off of welfare. Low wage jobs The Mink bill is financed through raising ineffective Federal welfare bureauc- which do not provide enough money to sus- the top corporate income rate by 1.25% to tain a family coupled with the loss of health racy. 36.25 percent. This is estimated to raise $20.25 Thomas Jefferson once said, ‘‘I be- care, child care, housing and food stamps, billion over 5 years. often puts a family right back into the dire lieve that the States can best govern financial situation which put them on wel- Mr. Chairman, I reserve the balance our home concerns.’’ I think he was fare in the first place. We must reward AFDC of my time. right. Many of today’s thinkers echo recipients who go to work and not punish The CHAIRMAN. For what purpose those words, sociologist James Q. Wil- them by taking away necessary assistance does the gentleman from Pennsylvania son among others. Quite frankly, Mr. which will help stabilize the family. The [Mr. GOODLING] rise? Chairman, we have to oppose this sub- Mink plan allows AFDC families to retain Mr. GOODLING. Mr. Chairman, I rise stitute because it just increases the bu- short-term assistance in the areas of health, in opposition to the amendment in the housing, nutrition and child care to help sta- reaucracy and the failed welfare sys- nature of a substitute. bilize the family and assure that they will tem. We need to look ahead. We need to The CHAIRMAN. The gentleman not fall back into welfare, including: support the committee bill which gives from Pennsylvania [Mr. GOODLING] is Rewards work.—Eliminates disincentives our State partners the flexibility they for AFDC recipients to work by increasing recognized for 30 minutes. the amount of earned income not included in Mr. GOODLING. Mr. Chairman, I need. calculation of AFDC benefits from $120 per yield 2 minutes to the gentleman from Mrs. MINK of Hawaii. Mr. Chairman, month to $200 per month in the 1st year and Ohio [Mr. PORTMAN]. I yield 2 minutes to the gentleman $90 to $170 after fir first year. Mr. PORTMAN. I thank the gen- from Montana [Mr. WILLIAMS], a mem- Transitional health benefits.—Extends tleman for yielding this time to me. ber of my Committee on Economic and Medicaid benefits for an additional year Educational Opportunities. (with state option to require families to pay Mr. Chairman, I rise in opposition to the Mink substitute. I believe it is an Mr. WILLIAMS. Mr. Chairman, along a portion of the premium) after a family with the gentlewoman, I, too, along leaves AFDC and extends Medicaid benefits expansion of our current system rather for the children until they reach 18 years of than real reform. with many of my colleagues, have age or the family’s income reaches 200 per- Mr. Chairman the fundamental dif- spent a lot of time thinking about wel- cent of poverty. ference with the substitute, of course, fare and trying to figure out how to re- Transitional nutrition benefits.—Income is that it retains the entitlement sta- form it, a thing that this Congress has earned by AFDC recipients and former AFDC tus of the AFDC. But it goes beyond done many times, by the way, since recipients will not be counted for the pur- that, it increases the administrative welfare was first created. It is not easy, poses of Food Stamp eligibility until the but there are some clear conclusions family’s income reaches 200% of poverty or burdens and imposes costly new un- for two years after the termination of AFDC funded Federal mandates on the that one arrives at. benefits. States. It is mostly deficient for what First, and the American people agree Transitional housing benefits.—Income it does not do. It does not give the with this more than anything else, we earned by AFDC recipients and former AFDC States the flexibility to respond to the have got to make being off of welfare recipients will not be counted for the pur- crisis we have before us. more profitable than being on it. This poses of Federal Housing assistance eligi- Mr. Chairman, during our Committee bill does that better than any bill be- bility or rent determination until the fami- on Ways and Means hearings on welfare fore us. The American people say, ly’s income reaches 200% of poverty or for two year after the termination of AFDC ben- reform we repeatedly heard from Gov- ‘‘You’ve got to educate people, you got efits. ernors and others closer to the delivery to job train them to take that job once they get on welfare.’’ IV. CHILD SUPPORT of public assistance that in order to af- fect real welfare reform, we need to Now check it. This bill, Mr. Chair- Failure to enforce child payments plays a key role in keeping single parent families in stop the one-size-fits-all Federal ap- man, the gentlewoman from Hawaii’s poverty. The FSWA incorporates the child proach and let States design welfare bill, does that better than any bill that support enforcement provisions developed by programs that are designed to meet the is before us. I say to my colleagues, the Women’s Caucus. It improves state and real needs of the population. ‘‘You have to improve employment H 3762 CONGRESSIONAL RECORD — HOUSE March 24, 1995 services so that the former welfare re- While they are in this make-work job, So let us make a deal. Deal tried to cipients now trained for a job can actu- they must earn more than they did on do it last night. My colleagues would ally find a job.’’ No bill does that bet- AFDC. not accept his substitute. ter than this bill offered by the gentle- The corporate tax rate is going to be Let us make a deal and show that the woman from Hawaii [Mrs. MINK], and it increased by 1.25 percent to subsidize substitute offered by the gentlewoman does something else. It is tough. It re- welfare workers who are doing make- from Hawaii [Mrs. MINK] delivers a bet- quires that the States increase the work jobs. ter trail, it delivers better jobs, it de- number of recipients who take jobs The Mink substitutes does not ad- livers better work, it delivers better from the current 15 percent up to 50 dress out-of-wedlock births at all. Mr. benefits for poor people. percent, and I think it does that better Chairman, by the year 2000, 80 percent Now let me tell my colleagues some- than any bill that is before us. of minority children and 40 percent of thing about helping people on welfare. I say to my colleagues, ‘‘If you ask all children in this country are going The substitute offered by the gentle- the American people what they don’t to be born out of wedlock. The younger woman from Hawaii does this, does job want to do in welfare reform, they’d that a woman has a child, the more training, it does education, it will put say, ‘For heaven’s sakes, don’t cut the likely it will be that she will end up on emphasis on quality child care. kids nutrition programs, don’t cut welfare and stay there for at least 8 to I ask, ‘‘How do you expect people to school lunch.’ ’’ This bill does not cut 10 years. work, mothers, if they don’t have child it. We know, Mr. Chairman, statis- care?’’ Knowing that their babies are Mr. Chairman, I voted for the Deal tically—I am not saying that welfare safe will make them have some incen- bill last night because I thought it was children are bad. I do not believe that. tive to go out and find a job. It will put a lot better than the Republican sub- Many children turn out extremely well, emphasis on school lunches, that chil- stitute. I say to my colleagues, ‘‘I like but we know from statistics and stud- dren are hungry. Go out there in the Mrs. MINK’s bill even better than the ies that children who get started in the community, and my colleagues will see Deal bill,’’ welfare system get a very bad start in these hungry children. Now let me finally say a word about life sometimes. They do not have a lot It is time to do the real reform. We the Republican substitute. I know it is a major part of the contract, almost of structure in their life. Frequently do not care about labels. I say to my the crown jewels of the contract, and they do not have a father. Sometimes colleagues, ‘‘It’s not what you call me, Republicans talk a lot about change. they do not even have enough food and it’s what I answer to.’’ Now here is their great idea for change clothing, and statistically we know Mrs. MEYERS of Kansas. Mr. Chair- 1 on welfare reform: Pass the buck to the that throughout their life they are man, I yield 2 ⁄2 minutes to the gen- Governors. Let the Governors do it. going to have more trouble with edu- tleman from Oklahoma [Mr. WATTS]. I ask, ‘‘Is that the best you can do in cation, health and crime. We are con- Mr. WATTS of Oklahoma. Mr. Chair- your contract? Is that the only change signing people to a very bad life when man, it appears that the Mink sub- you could think of for welfare reform, we expand this system, and I vigor- stitute is yet another form of big gov- if we don’t know how to do it, let’s let ously oppose the Mink substitute. ernment—more money, more bureauc- the Governors do it?’’ Mrs. MINK of Hawaii. Mr. Chairman, racy, fewer answers. For more than 30 No wonder the American people want I yield 2 minutes to the gentlewoman years we have tried welfare one way. their money back on the contract. from Florida [Mrs. MEEK]. What do we have to show for it? Mr. GOODLING. Mr. Chairman, I ask (Mrs. MEEK of Florida asked and was We have a system that penalizes fam- unanimous consent that my time be given permission to revise and extend ilies, that penalizes a mother for want- controlled by the gentlewoman from her remarks.) ing to marry the father of her children, Kansas [Mrs. MEYERS]. Mrs. MEEK of Florida. Mr. Chair- that penalizes savings, and penalizes The CHAIRMAN. Is there objection man, I stand to support the substitute the person who wants to own property. to the request of the gentleman from offered by the gentlewoman from Ha- The Mink substitute increases spend- Pennsylvania? waii [Mrs. MINK]. She definitely re- ing by at least $1 billion over 5 years There was no objection. forms AFDC, and that is where most of just for transitional child care. And, Mrs. MEYERS of Kansas. Mr. Chair- the problems are. that’s only one tiny part. For example, man, I yield myself such time as I may I say to my colleagues, ‘‘Now, you it expands the JOBS program by $14.9 consume. can put any label on us as you want to. billion and that program has not been Mr. Chairman, I oppose the Mink You can call us liberals or conserv- proven effective. And it also increases substitute. It maintains the entitle- atives. But the main thing the children taxes to the point where business may ment nature of this program, and I and the people of this country want: not be able to provide the very jobs we think that is a serious mistake. It Benefits. They want services. They are training them to fill. vastly expands the welfare state. It don’t care what party you’re in, and And that is just the beginning. means a $13 billion increase in ex- they don’t care what rhetoric you I would ask all of us to consider, panded jobs training programs. It spout. When a hungry stomach is hun- What do we have to show for 30 years of means a $14.9 billion increase in ex- gry, they care nothing about whether throwing money at a problem? panded child care programs. It extends you’re conservative or liberal. That’s We have more people on welfare with Medicare coverage for an additional why PATSY MINK is saying, ‘Get a way no hope of getting off. One of the other year after beneficiary begins working. to get us out of this morass, get some results is an inflated, overextended They already have 1 year Medicaid, I jobs, define them, show them how to budget. Currently, the bankrupt budget believe. It lets welfare beneficiaries get there.’ ’’ burdens families with excessive taxes. earn more and still collect welfare. Now there are jobs out there, and I We need to get beyond the old law. Mr. Chairman, all of this will add say to my colleagues, ‘‘Don’t let any- We’re the government and we’re to over $30 billion a year to the $70 billion one fool you, there are jobs, but you help to the point where we can say, that we spend on the AFDC population must train people to get to the jobs, we’re the government and we’re going now. and that’s what PATSY MINK does. She to get out of the way and let you dream After 2 years in a job training pro- requires them to work, but with some your dreams. gram, the Federal Government requires skill so they can keep those jobs and Beyond the problems of the Mink States to provide make-work public not get on this hamburger chain from substitute, there is a philosophical jobs or subsidized employment for at one McDonald’s and one Burger King to shift that needs to be made here. We least 2 years under the substitute of- the other because of all these ill-de- need to make sure that we no longer fered by the gentlewoman from Hawaii. fined job programs that just making measure compassion by how many peo- Now, while in this make-work job, the people who started this train of il- ple are on welfare and how much beneficiaries must earn more than they literacy and poor work habits get on money we throw at welfare but by how did on AFDC. In other words, the Gov- the train and not help them as they’ve few people are on welfare and how lit- ernment is required to give them a job. never been.’’ tle money we take from our citizens to March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3763 get those who are down and out ad- born prematurely because his mother have not found these jobs that you are dicted to the government dole. is denied WIC services, shame on this talking about. We have tried it one way for 30 years Congress. If one child dies from We have offered, you know, a work now and it hasn’t worked. Throwing malnourishment because a tax cut was responsibility provision in the welfare more money at the problem and in- given to the rich, shame on this Con- reform package, but I cannot find it in creasing the bureaucracy is not the an- gress, and on those insensitive voters the Republican bill. swer. who are supporting the callous provi- Mrs. MINK of Hawaii. Mr. Chairman, The answer lies in restoring hope—of- sions of this obnoxious Contract With I yield 2 minutes to the distinguished fering a helping hand—in the form of America. gentlewoman from Colorado [Mrs. temporary assistance and then giving a I urge my Republican colleagues to SCHROEDER]. hand up not just a hand out. The Mink support the Mink substitute. It pro- Mrs. SCHROEDER. Mr. Chairman, I substitute is not the answer. I urge a tects our Nation’s children from the thank the gentlewoman from Hawaii ‘‘no’’ vote. nightmare of the Republican bill. for yielding. Mrs. MINK of Hawaii. Mr. Chairman, Mrs. MEYERS of Kansas. Mr. Chair- Mr. Chairman, I proudly stand here I yield 2 minutes to our distinguished man, I yield 11⁄2 minutes to the gen- for her bill. Her substitute is the right ranking member, the gentleman from tleman from Indiana [Mr. SOUDER]. substitute, and let me add to what the Missouri [Mr. CLAY]. b 1115 gentleman from Tennessee [Mr. FORD] (Mr. CLAY asked and was given per- mission to revise and extend his re- Mr. SOUDER. Mr. Chairman, listen- just said. You know, early on the Re- marks.) ing to this debate, I am struck by self- publicans appointed June O’Neill. She Mr. CLAY. Mr. Chairman, I am proud doubt. Maybe the Democrats are right. is their appointee to be head of the to serve as a cosponsor of the Mink Maybe we are being too rash and too Congressional Budget Office, and she substitute because it is the most hu- impulsive in trying to change the wel- says their bill is weaker on work than mane of the three proposals before us. fare system from the last three dec- the current system. The Washington The Mink substitute is justifiably si- ades. Post editorial says theirs is weaker on lent on the nutrition issues that have John Lennon said give peace a work than the current system. so divided this House during the wel- chance. Maybe my friends are correct The question today, ladies and gen- fare reform debate. It says nothing that we just need to give the welfare tlemen, is do we want reform, which is about these issues because it doesn’t state a chance. After all, we have only the Mink bill, which helps people go to need to say anything. Existing Federal been at it for about 30 years. Nearly work, or do we want to be totally retro, nutrition programs work remarkably two-thirds of the households at the do we want to go back to orphanages or well. Leave the system alone. Each lowest one-fifth of the income distribu- do we want to go back to really mak- day, 26 million children are fed school tion are headed by persons who work. ing this almost a poor house mental- lunches, and 7 million women, infants, Today that has declined by one-third. ity? and children participate in the WIC But maybe we should just give it a lit- I do not think so. I think we want to Program. The Mink substitute reminds tle bit more time and spend just a lit- go forward. That is what Americans us not to throw the baby out with the tle bit more money. want to do. They want to help teach bath water. In 1966 when the war on poverty people to fish. This is the teach people Mr. Chairman, not one witnesses who began, the poverty rate was 14.7 per- to fish bill. We have heard them say testified before the Committee on Eco- cent. Today’s poverty rate is even there is perverse incentives in this bill. nomic and Educational Opportunities worse, 15.1 percent. But maybe we are Oh, yeah? I do not know what is wrong. this session supported block granting being rash on this side and we should How can you call a perverse incentive Federal nutrition programs. not really try to reform the system and the fact that if you are offered a job Our Republican colleagues keep de- just put a little bit more money in and you have to take it. That is a wonder- nying that their bill will hurt women that will help. Should we wait until il- ful incentive. I would not call that per- and children. In fact they have become legitimacy rates reach 95, 100 percent verse at all. rather angry, complaining that they in our public housing projects? Should We also hear people saying, ‘‘Oh, are being unfairly accused of cutting we wait until 50 to 75 percent of white well, we like the block grants so much WIC and school lunch and breakfast babies and over 90 to 100 percent of Af- better.’’ What you are really saying programs. But the truth is, the Repub- rican-American babies are out of wed- there is let us take all these problems lock? lican bill doesn’t just cut these nutri- and throw them at the Governors and At what point do we decide that the tion programs, it decimates them. Na- hope it works. system is broken, that the way we are tional nutrition standards, gone; sum- Let me tell you, it is not going to doing it does not require just a little mer food programs, gone; child care work in States like mine because the bit more money or a little bit more food programs, gone; the guarantee block grants are always going to be Federal program, but rather that we that all children will be protected from much lower than the population in- need a radical overhaul, that we need hunger, gone; the automatic trigger to crease. There will be States getting our to put it back to the States where peo- increase nutrition support when the money based on prior censuses, and we economy worsens, gone. The Repub- ple can look at the local level, see what got their people. lican proposal relieves the Federal is working, see what is not working, So we are going to have a real short- Government of all responsibility and tinker with the edges rather than hav- fall. So this reform is really going to blame. ing it directed from here in Washing- crunch growing States. But basically Mr. Chairman, my Republican col- ton? leagues claim the will increase funds As you go around and see young chil- this goes to the dignity of work. It goes for nutrition programs. This is part of dren and see that hope out of their to the dignity of the individual. This the distortion. It is the big lie. They eyes, they are not getting it from this goes to what this country was about. In quote authorizations as appropriations. welfare system. Maybe this system will other nations you were what your par- At least 6 million children will go to not be that much better, but it can not ents were. In this Nation you are what bed hungry every night if this bill be- be worse, and with economic oppor- your children become. But your chil- comes law. This Republican bill is not tunity and jobs we can at least try to dren cannot become much if you can- designed to address the programs of put hope back in children’s lives. not help them work and go forward. those on welfare, but to relieve the Mrs. MINK of Hawaii. Mr. Chairman, Mr. Chairman, I want to put a poem well-to-do of any tax obligations. It is I yield 15 seconds to the gentleman in the RECORD from a woman from my nothing more than a money-laundering from Tennessee [Mr. FORD]. district. scheme, a shell game; take from the Mr. FORD. Mr. Chairman, can I ask (By Lisa R. Spano, Colorado) poor and give to the rich. my colleague, what page do you find Such a little thing missing Mr. Chairman, if one child goes hun- the jobs on that is in the Republicans The tines on this simple tool gry because of the Republican proposal, Personal Responsibility Act, because I But you see without them being there shame on this Congress. If one child is have been looking for the last week. I My food just slips right through H 3764 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Noodles won’t work and neither will chicken minister the programs, and it has Beta Society and National Honors Society in And most of us don’t like squid failed taxpayers who fund the pro- high school. After graduating, she took her But how can I expect you to listen to me grams. The Federal programs which State nursing boards and became a licensed When I’m just a little kid? make up the welfare system have as- I don’t know how it got there practical nurse. Since she was pregnant at the This hole in the middle of my spoon sisted folks with basic needs such as time and lacked a pharmacology certificate, My mommy says it’s a budget cut food and shelter. However, they have she was not able to take a nursing job. In- But to me it’s just less food at noon not supported—and in fact have been a stead, Ms. McAdams began working full time Soup won’t work, it just falls right through major roadblock—for people who want at McDonalds, making $3.35 an hour. That holes just too darn big to get up, off, and out of public assist- After the baby was born, Ms. McAdams was But how can I expect you to understand ance. When I’m just a little kid. on welfare for 2 months, but returned to her The Mink substitute does not fix job at McDonalds when her child was 4 I thank the gentlewoman from Ha- what is broken. It does not take steps months old. However, her $3.50 salary was waii for getting the right idea, and I to curb fraud and abuse in the Food not enough to make ends meet and pay the hope everybody votes for her amend- Stamp Program; it does not consoli- $350 monthly rent so she obtained a loan to ment. date and streamline employment and go back to school to become a medical assist- Mrs. MEYERS of Kansas. Mr. Chair- training programs; and it does not ad- ant. She had completed her program and in- man, I yield 11⁄2 minutes to the gen- dress the endless cycles of poverty. tleman from Pennsylvania [Mr. GREEN- What this bill does do is promise more ternship when she unexpectedly became preg- WOOD]. and more benefits with no end in sight nant again. Unlike her mother, Ms. McAdams Mr. GREENWOOD. Mr. Chairman, I and preserve the failed welfare system. decided to keep her babies and not give them thank the gentlewoman for yielding I urge my colleagues to start measur- up. Unfortunately, at this time, her grand- time to me. ing compassion by how few people are mother was recovering from surgery and her Mr. Chairman, I rise today in opposi- on welfare, and not by how much grandfather from a stroke. Ms. McAdams mar- tion to the Mink substitute. It not only money the Federal Government pours ried her baby's father and they began to re- retains our failed social welfare sys- into the welfare system. I urge my col- ceive general assistance aid. She soon had to tem, but embodies the tenets that have leagues to oppose ‘‘business as usual’’ leave her husband because of domestic vio- converted our social safety net into a and oppose the Mink substitute. lence and rear her children on her own. trap of dependency and irresponsibil- Mrs. MINK of Hawaii. Mr. Chairman, Currently, Ms. McAdams is going to college ity. The Mink substitute retains AFDC I yield such time as she may consume 1 day a week to get her pharmacology certifi- as an entitlement program and contin- to the gentlewoman from Illinois [Mrs. cate in order to obtain a job as a nurse. She ues the failed practice of providing COLLINS]. is also volunteering at her children's Head cash benefits to teenage mothers. (Mrs. COLLINS of Illinois asked and Start Program and trying to get into Project It is not compassionate to simply was given permission to revise and ex- Chance which would help her with child care give a girl, with a child, a meager tend her remarks.) and transportation while she looks for a job. monthly check. I worked with abused Mrs. COLLINS of Illinois. Mr. Chairman, I When asked about the welfare reform pro- and neglected children, and I know rise in strong support of the Mink substitute. posals being debated, Ms. McAdams said: from experience that cash assistance is Mr. Chairman, I rise in strong support of the All the things that the politicians are talk- not the only assistance a pregnant substitute by Representative PATSY MINK to ing about just makes me tired. They want to child needs. She needs guidance to as- H.R. 4, the Personal Responsibility Act. cut everything that helps, even housing. sume the responsibility of being a par- The Republicans have been claiming that Where are we going to go if we lose our ent. they wish to reform the welfare system. Their apartment? I can’t imagine me and my kids In this debate, my party has been un- idea of reform, however, is to cut and slash out on the street. I’m trying to hurry myself fairly accused of not caring for chil- every program that helps feed and care for through school, but there’s no guarantee dren. But the real brutality, the true children and guts every attempt to help poor that I’ll get a job. I’m trying but each time cruelty is to turn our eyes away from Americans get back on their feet. It fails to I try it seems like I get another roadblock. I want to be a good role model for my chil- the existing failed system and allow create a single job and instead hits poor children, trapped in the welfare syn- dren. I want to have a good job and a better Americans from all sides simply because they place to live. But I know I can’t do it by my- drome, to stay there. are in need of a helping hand. self. Sometimes I just get so tired. H.R. 4 offers a responsible, humane By contrast, the Mink substitute offer real re- Mr. Chairman, the vast majority of welfare solution to reducing and discouraging form by increasing funding for education, job recipients are like Ms. McAdams. They are try- out-of-wedlock births. While this bill training, employment services, and child care ends direct cash benefits to teenage in order to provide Americans in poverty a ing as best as they can to make their lives mothers, it ensures that both chil- chance to improve their lives and their chil- better and to provide for their children. Maybe dren—mother and child—receive proper dren's lives. Instead of cutting welfare to pay they have hit some roadblocks though and care. H.R. 4 provides teenage mothers for a tax cut for the wealthy, the Mink sub- need additional assistance to get back on their with the education and parenting skills stitute increases the corporate tax on the feet. needed to achieve self-reliance and eco- wealthiest companies to pay for a path out of The Mink substitute would help to put Ms. nomic independence. poverty for poor Americans. McAdams on a self-sufficient course because I encourage all of my colleagues to I was in my district for a townhall meeting it invests in welfare recipients by preparing vote ‘‘no’’ on the Mink substitute. earlier this month and had the opportunity to them for work and rewarding States that suc- Mrs. MEYERS of Kansas. Mr. Chair- talk with one of my constituents, Ms. Donna cessfully move them into jobs. It promotes man, I yield 2 minutes to the gen- McAdams. I would like to relate the story that work by providing the training and education tleman from Missouri [Mr. EMERSON]. she shared with me because, in my view, it needed to obtain jobs and guarantees child Mr. EMERSON. Mr. Chairman, I describes exactly why H.R. 4 is so nefarious care for aid recipients and job training partici- thank the gentlewoman from Kansas and should be rejected and why the Mink sub- pants and increases funding for child care for for yielding this time to me. stitute is so important and deserves our sup- at-risk families so that parents do not have to Mr. Chairman, I rise in opposition to port. choose between caring for their children or the substitute bill offered by Mrs. MINK Ms. McAdams lives in the Robert Taylor maintaining a job. More importantly, the Mink of Hawaii. As I looked through the Homes in my district in Chicago with her three substitute does not contain any of the extrem- Mink substitute I arrived at the im- children. She did not grow up on welfare. She ist measures of H.R. 4 that punish newborns pression that this bill is simply more was reared by her grandparents in Englewood because their parents are not married or are ‘‘business as usual’’ for the current on Chicago's south side because her mother already on welfare and have other children. It failed welfare system. Indeed, it exac- abandoned her when she was 6 months old also does not take away children's school nu- erbates it. and she never knew her father. her grand- trition programs to pay for a tax break for First, the Mink substitute fails to ac- mother was a registered surgical nurse and wealthy Americans. knowledge that our Nation’s current her grandfather worked for the railroad. They I urge my colleagues to reject the Repub- welfare system has failed—it has failed worked hard to raise Ms. McAdams who stud- licans' tax cut for the wealthy out of the mouth recipients, it has failed those who ad- ied hard and was a member of the National of babes plan and support the Mink substitute. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3765 Mrs. MINK of Hawaii. Mr. Chairman, the bureaucracy to control everybody’s Mrs. MEYERS of Kansas. Mr. Chair- I yield such time as she may consume life. Why? Because that gives them the man, I yield myself 5 seconds to say to the gentlewoman from Texas [Ms. power to dole out the money to get re- that the States will structure the work JACKSON-LEE]. elected. That is what the real answer is programs, and what CBO said was that (Ms. JACKSON-LEE asked and was here. our standards were tougher, not easier. given permission to revise and extend They are fighting to keep their pre- Mr. Chairman, I yield 3 minutes to her remarks.) cious bureaucracy. We are increasing the gentleman from Ohio [Mr. TRAFI- Ms. JACKSON-LEE. Mr. Chairman, I the amount for kids for food, we are in- CANT]. rise in strong support of the Mink sub- creasing the responsibility, we are (Mr. TRAFICANT asked and was stitute. bringing deadbeat dads together, we given permission to revise and extend Mrs. MINK of Hawaii. Mr. Chairman, are bringing families together. What his remarks.) I yield 11⁄2 minutes to the gentlewoman they cannot stand is that we are taking b from California [Ms. ROYBAL-ALLARD]. their power of big bureaucracy away. 1130 Ms. ROYBAL-ALLARD. Mr. Chair- Mrs. MINK of Hawaii. Mr. Chairman, Mr. TRAFICANT. Mr. Chairman, I man, I rise in strong support of the I yield 2 minutes to the gentleman voted for the Deal substitute. I will not Mink substitute to H.R. 4. from California [Mr. MILLER]. vote for this substitute. I will vote for Mr. Chairman, this substitute pro- (Mr. MILLER of California asked and H.R. 4. vides a realistic framework for creat- was given permission to revise and ex- I was raised in a poor home as every- ing a positive and lasting reform that tend his remarks.) body else. Our policies in the welfare promotes self-sufficiency and the Mr. MILLER of California. Mr. Chair- system penalize achievement and work, elimination of poverty through job man, Members of the House, I want to promote illegitimacy, reward depend- training and supportive services, not strongly associate myself with the re- ency, destroy family, and have created simply through the reduction of AFDC marks of the gentlewoman from Hawaii a class system. rolls at any human cost. [Mrs. MINK] a woman of great strength We have talked about the middle As compared to the punitive ap- and of great principle. I want to associ- class on this floor. It is not a Freudian proach of the Republican bill, the Mink ate myself with her remarks and pro- slip. Is there an upper class, Congress? substitute is compassionate and recog- motion of her amendment, because Is there now a lower class in America? nizes that all people have human and what her amendment does is promote We/they, they/we, politics of race, poli- civil rights, especially the 68 percent of child nutrition over the Republican al- tics of fear, politics of division, politics AFDC recipients across this country ternative that slashes $7 billion from of a welfare system. who are children. child nutrition programs, $2 billion Uncle Sam was never supposed to be The Mink substitute helps to move from the School Lunch Program, $145 mom and dad. We do not have mom and families out of the perpetual cycle of million in 1996 alone. dads in America anymore. poverty by providing opportunities to It promotes work over the Repub- I do not think the Republicans are gain permanent employment with suf- lican proposal where CBO says none of trying to cut anybody’s head off at all. ficient security and advancement. The the States, none of the States can We have a system that does not work. Mink substitute distinguishes itself make the work program in the Repub- Schools now teach morality. Police and from other welfare reform proposals lican bill work for people on welfare. It judges straighten out the kids. Food through its realism and its sensitivity promotes child protections for children stamps feed our kids. HUD gives them to human need. who are abused over no Federal protec- a roof. Mr. Chairman, it deserves the sup- tions in the Republican bill. It pro- What a sad deal for our country. port of every Member of Congress who motes protection for severely disabled Where is mom and dad? values promoting long-term economic children rather than throwing them off I can remember an interview with self-sufficiency for American families of the SSI rolls, seriously disabled chil- Wes Unseld. What was significant, they over a quick-fix approach based solely dren with mental disabilities, with asked him, what is the greatest thing on reducing the assistance to the need- physical disabilities, children suffering your dad ever did for you? And do you iest in our society. Support the Mink from cerebral palsy and other afflic- know what he said, ‘‘The greatest thing substitute for meaningful and effective tions like that. my dad did for me is my dad loved my welfare reform. No, the Republicans throw them off. mom.’’ Mrs. MEYERS of Kansas. Mr. Chair- What we cannot stand about the Re- We are destroying families. We are man, I yield 11⁄2 minutes to the gen- publican bill is its cruelty, its con- playing politics. tleman from California [Mr. certed attack on America’s children. I liked Deal better and maybe when CUNNINGHAM]. Whether they are infants, whether they it comes back from the Senate there Mr. CUNNINGHAM. Mr. Chairman, I are in the womb, whether they are tod- will be some Democrat language in would like to recognize that the gen- dlers, whether they are in child care, there. But I am not going to stand tleman from Georgia [Mr. DEAL] has whether they are in school, the Repub- today and vote for the status quo. I am worked in a bipartisan manner in the licans attack them. That is what we not going to do that. And this vote past, but to gain support from the lib- cannot stand. does not help me. It hurts me politi- eral members of his party, he had to in- But we have a choice. We are going cally. crease the spending and raise taxes, the to have a choice in a few minutes to I think it is time we do what is best liberal answers to meet all problems. vote for the Mink substitute, a sub- for our country. Our kids have been He referred to Cinderella. The Mink stitute that promotes work, promotes left on the street. They are strung out. bill, and the gentlewoman, I want to child protection, promotes child nutri- They need a mom; they need a dad. make clear I am talking about the bill tion. That is what Americans want. I am a Democrat as well as anybody because the gentlewoman is a friend, They want people on welfare to go to else. But the Democrats have had 40 but the bill is the ugly sister of all sis- work. And yet the Republicans have years. The problem is, there are no ters. constructed a dynamic that is not fa- damn jobs. And the Democrats in 40 This bill increases the deficit by even vored by the people in the States who years have not done a thing about jobs. billions of dollars and also increases run work programs; it is not favored by Our jobs have gone overseas. The Re- taxes. The question has been should we the WIC directors; it is not favored by publicans cannot give them any jobs. give to the States the power. The the school lunch people. And these are There is no jobs out there. The Demo- States have proven that they have been supposedly the people that know best crats cannot give them any jobs. Trade able to manage the welfare programs because they are closest, and they are policies have taken our work overseas, much better than the Federal Govern- saying do not do what the Republicans and then we talk about trying to ment. want to do to nutrition and to work incentivize work. We happen to believe that the Gov- and to the women and infants and chil- Ladies and gentlemen, let me say ernment works best the closest to peo- dren’s programs. Stop the cruelty, stop this: Uncle Sam is not a good parent. ple. The Karl Marx Democrats want the cruelty, and vote for PATSY MINK. Uncle Sam is a great country but was H 3766 CONGRESSIONAL RECORD — HOUSE March 24, 1995 not designed to be the parents for the less, unnecessary Federal regulations ied alligators can no longer survive on children of this Nation. And you are and bureaucrats by returning power their own. not going to resolve it with any of and flexibility to the States and com- Now, I know people are not alli- these bills. But I am not going to vote munities where help for the needy can gators, but I submit to you that with to sustain the status quo, and I am not best be delivered. Let us not take steps our current handout, nonwork welfare going to demean the bill that has come backward. Instead, let us move forward system, we have upset the natural from the other side of the aisle. and make substantive and fundamental order. We have failed to understand the Anybody who supports the status changes in our current welfare system simple warning signs. We have created quo, in my opinion, is antifamily, for our future generations. Vote ‘‘no’’ a system of dependency. antikids and, damn it, anti-American. I on the Mink substitute. The author of our Declaration of will have no part of it. Mrs. MINK of Hawaii. Mr. Chairman, Independence, Thomas Jefferson, said Mrs. MINK of Hawaii. Mr. Chairman, I yield 1 minute to the gentlewoman it best in three words: ‘‘Dependence be- I yield 1 minute to the gentleman from from North Carolina [Mrs. CLAYTON]. gets servitude.’’ Pennsylvania [Mr. FATTAH]. Mrs. CLAYTON. Mr. Chairman, I support Let us heed these warnings. Today we Mr. FATTAH. Mr. Chairman, we have this substitute. The Mink bill corrects a popular have a chance to restore that natural some tough cowboys here on the floor misconception. The Mink bill provides a real order, to break the change of depend- of the House. This is a new interesting opportunity for people on welfare to dem- ency and stop the enslavement of an- kind of wagon train in which the cow- onstrate that they are willing to work. They other generation of Americans. boys have decided to throw the women want to work. Throughout this debate, there Mrs. MINK of Hawaii. Mr. Chairman, and infants and the children and the has been a recurring and underlying theme. I yield 2 minutes to the gentlewoman senior citizens out of the wagon train Members have suggested, and many believe, from the District of Columbia [Ms. so they can get where they are going that people on welfare want that status. That NORTON]. faster. belief ignores certain, real situations. (Ms. NORTON asked and was given It is cruel. And for anyone, Democrat Yesterday morning I was at breakfast with a permission to revise and extend her re- or Republican, to defend this approach single mother of six children. She was married marks.) really questions the credibility of this at one time, then divorced. Her children need- Ms. NORTON. Mr. Chairman, I want entire Congress, because no one among ed to be fed. She got on welfare. She had no to say, do not feed the alligators but the tough guys have offered to do any- choice. But, she was willing to work. She thing about the 85 billion dollars’ wanted to work. Alone, she obtained the please feed the children. worth of welfare subsidies for corporate G.E.D. She then graduated from college, with Seldom, my friends, does this body America in this year’s budget. No one a 3.7 grade point average. She is now pursu- have the opportunity to make whole- stood up to do anything about the $150 ing a master's degree at the University of sale change in a bad and a dysfunc- billion of tax giveaways and loopholes North Carolina. And, she is working. She is tional system, and we are about to to American corporations. willing to work. She wants to work. Her's is a blow it if we do not support the Mink Aid to Dependent Corporations, as story that is old and new. There are many like substitute, because the Republican bill the Cato Institute has said, is driving a her. They are willing to work. They want to fails the reality test. hole in the Federal budget. But we work. They prefer a chance over charity. It is an invitation to do welfare on have all of these willing people who are The Personal Responsibility Act is weak on the cheap. A State has to do nothing, so eager to lighten the load of America work. The Mink bill is strong on work. It pro- nothing to provide jobs. And they will by casting aside the poor. vides funding to ensure that, when a person do nothing. We know that from what This is an unfortunate moment in leaves welfare, a job is available. Welfare re- happened in the 1987 bill. the history of this country, and I would form without a job is no reform. The Mink bill If we provide an unemployment office say to some of my millionaire col- does not impose arbitrary time limits on finding for people who have been recently at- leagues that they are on the wrong side a job, removing recipients only if there is a tached to the work force and provide of history today, in this debate and on job. It recognizes that, in this economy, jobs nothing to people who have never had a this subject. are not easy to find. And, the Mink bill retains job, how do we expect them to get off Mrs. MEYERS of Kansas. Mr. Chair- child care programs. Working mothers need of the rolls? man, I yield 11⁄2 minutes to the gen- reasonable and affordable child care. In short, Do my colleagues know what the tleman from California [Mr. HERGER]. Mr. Chairman, the Mink bill provides a serious inner city unemployment for people Mr. HERGER. Mr. Chairman, the and realistic framework for moving from wel- who have recently had work was in Mink substitute substitutes common- fare and into work. Mink is strong on work. 1993? In this city it was 88.6 percent; in sense welfare reform with increased Finally, Mr. Chairman, I support the Mink bill Detroit, it was 13.7 percent. And I could taxes. Instead of bringing real change because it does not provide for block grants. go on down that list. to our broken welfare system, this It does not slash the School Breakfast and When I go across the river to Ana- amendment flies in the face of the will Lunch Program. It does not remove thousands costia, my friends, no one ever says to of the people by increasing taxes by $20 of women, infants and children from the WIC me, ‘‘Brother, can you spare a dime’’ or billion. Clearly, a $20 billion tax in- Program. And, it does not eliminate national ‘‘give me some more welfare.’’ They crease is not what the voters asked for nutrition standards. It retains one standard for say, ‘‘Sister, can you get me a job.’’ last November. This substitute retains our children. The Mink bill is strong on work This bill will not get anybody a job the failed welfare status quo by retain- and sensitive to poor families and children. and that is what we need to do. This ing AFDC entitlements that have cre- And, that is as it should be. bill does exactly what the American ated a cycle of big Government depend- Mrs. MEYERS of Kansas. Mr. Chair- people told us not to do. It repeals the ency for millions of Americans. It man, I yield 11⁄2 minutes to the gen- entitlement of children to food and guarantees that former AFDC families tleman from Florida [Mr. MICA]. shelter. It is a bill that allows a State will continue receiving benefits almost Mr. MICA. Mr. Chairman, I represent to refuse to put up a single dollar of its indefinitely. This substitute is Florida where we have many lakes and own money to support its own children. antigrowth and antijob and does little natural reserves. If you visit these People told us what to do. They told to fix a failed welfare system that has areas, you may see a sign like this that up help get the parents off welfare. Do already consumed over $5 trillion in reads, ‘‘do not feed the alligators.’’ you make things worse for the kids. taxpayer dollars since its inception 30 We post these signs for several rea- Your bill, the Republican bill, be- years ago. Mr. Chairman, the Repub- sons. First, because if left in a natural trays the public trust. It is not welfare lican welfare reform proposal promotes state, alligators can fend for them- reform. It is welfare fraud. personal responsibility and creates in- selves. They work, gather food and care Mrs. MEYERS of Kansas. Mr. Chair- centives for families to remain intact for their young. man, I yield 1 minute to the gentle- instead of creating lifelong dependency Second, we post these warnings be- woman from Maryland [Mrs. MORELLA]. on welfare. It discourages illegitimacy cause unnatural feeding and artificial Mrs. MORELLA. Mr. Chairman, I by not rewarding unwed mothers that care creates dependency. When depend- thank the gentlewoman for yielding have additional children. It cuts end- ency sets in, these otherwise able-bod- time to me. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3767 What I want to do is engage, very ing as much funding as possible for direct evaporate; they will persist as the poverty briefly, in a colloquy with the chair- services. H.R. 4 gives States final say over numbers grow; the homeless and a group of man of the subcommittee on edu- this matter, but we believe that in most cases, folks without hope or recourse. That is not the cational and economic opportunities. funding for direct services is the best use of future or vision of the people we represent, A clarification, I am requesting, Mr. funding by the State. but is the policy path of this GOP proposal. Chairman. After considering the Finally, regarding quality improvement, ac- Despite what some would have you think unique purpose of the Family Violence creditation continues to be an appropriate there have been many successes as a result Prevention and Services Act, I under- means of quality improvement. We would en- of the JOBS Program, which was signed into stand that the Committee on Economic courage States to use a variety of child care law in 1988. Unfortunately, the program has and Educational Opportunities decided program accreditations and various teacher been underfunded, leaving States unable to not to authorize the Committee on training and credential programs in addition to move as many people into the work force as Ways and Means to consolidate the act the Child Development Association Program. all had sought. Well, if we pass the Repub- into the child protection grant. Mrs. MINK of Hawaii. Mr. Chairman, lican bill we will be increasing the burden on I am asking, Mr. Chairman, if you I yield 1 minute to the gentleman from States while we cut the funding for child care, would confirm that this was, in fact, Minnesota [Mr. VENTO]. for temporary assistance, for child protection the case and that the Committee on (Mr. VENTO asked and was given and child nutrition. The Mink substitute would Economic and Educational Opportuni- permission to revise and extend his re- help the States to achieve the goal of moving ties chose not to consolidate the pro- marks.) people toward independence and into the gram into the block grant but to keep Mr. VENTO. Mr. Chairman, I am here world of work. The Mink substitutes sets a re- it as it was intended? to speak for the Mink substitute, quirement that people be in work or in training Mr. CUNNINGHAM. Mr. Chairman, which puts work first, which invests in to work and backs it up with the real re- will the gentlewoman yield? people, which builds upon what is func- sources for child care and temporary assist- Mrs. MORELLA. I yield to the gen- tioning in our society. ance to families who have found it impossible tlewoman from California. There are many successful examples to make it on the minimum of low-wage job, Mr. CUNNINGHAM. Mr. Chairman, of programs in place, and they are ac- without health care benefits that they are able because of the importance of the act, countable. Problems today in our com- to find. The Mink substitute is a realistic ap- the gentlewoman is correct. munities are because they are on over- proach to the needs of low-income children Mrs. MORELLA. I thank the gen- load, poverty, unemployment. Job pro- and families struggling to support themselves. tleman. grams, fully funded, will accomplish Individuals in our society are upset about Mr. Chairman, as the House has debated the task and will deal with what has the amount of taxes that they pay. We should the Personal Responsibility Act, H.R. 4, I have become a growing human deficit in our be looking at the corporations in our country been asked to clarify the purpose of certain society, not just a fiscal deficit but a who are receiving benefits in the form of cor- provisions in the new child care block grant human deficit, those on poverty. porate welfare and paying less in corporate which simplifies and extends the child care Mink incorporates child support and taxes than they were paying 25 years ago. We and development block grant. fully funds the program, not just paper should not be responding to those same inter- I have been asked if it is the intention of the promises. est by further depreciating the programs of the child care block grant to retain the pre- A vote for Mink is a vote for moving poor taking food away from children as an ex- eminence of parent choice through certificates families into the world of work, in to ample. We need to look at the benefits which to parents. The House strongly believes that the mainstream of our society, tax- the corporations are receiving from the Fed- parental choice in child care should be main- paying families, independent, not de- eral Government and whether they are per- tained and that the use of parent certificates is pendent. forming for our Nation or simply for the bottom preferable over contracts or grants for child The Republican legislation is legisla- line. care subsidy assistance. We have simplified tion by negative anecdote. It is demon- Support a bill that will do something to help many aspects of the child care and develop- izing people who have devoted their children and families and reform the current ment block grant, but the parent choice provi- lives to helping those in need. The Re- welfare system, support the Mink substitute. sions are sound and have not been modified. publican program has no entitlement. b Because of this, the administration should not The numbers do not count. No State 1145 need to make significant regulatory changes match. That money is not going to be Mrs. MEYERS of Kansas. Mr. Chair- regarding parent choice. put in place. It takes 1 million kids and man, I yield 11⁄2 minutes to the gen- In addition, we inserted a program goal into disabled off the Social Security supple- tleman from Wisconsin [Mr. GUNDER- the block grant regarding consumer informa- mental. SON]. tion. This was written to ensure that parents It gives a new meaning to ‘‘women (Mr. GUNDERSON asked and was will be provided with full and accurate informa- and children first,’’ the wrong mean- given permission to revise and extend tion about their right to choose child care ar- ing. his remarks.) rangements, their right to a child care certifi- Welfare is meant to be a safety net for peo- Mr. GUNDERSON. Mr. Chairman, can cate, information about complaint procedures ple in times of need. Children are 70 percent we make an agreement here this morn- and recourse to ensure parent choice, and of the recipients of welfare. The children will ing that we are all for children? Can we complete information about the child care op- suffer as a result of this Republican bill. Our start from that premise that nobody tions available to them, including religious pro- focus in reforming the system should not de- has a bad motive, that nobody has sus- viders. stroy the social safety net. Our Nation must picious intent? I would also like to address the important maintain a safety net while providing the serv- The question we are going to face issue of the role of extended families in caring ices need to move welfare recipients into the here is, What is the delivery system? for children. We believe a child is best cared work force. Cutting families off without reason- That is the real question here. If you for by a member of his or her own extended able support in terms of child care and edu- only believe in a Washington bureauc- family. We understand this is not always pos- cation and job training will not help the States racy, if you are only convinced that no- sible. But in the interest of encouraging the to achieve the work requirements which the body can protect children but Washing- strengthening of families, we encourage Republicans want to establish. The CBO re- ton, DC, then vote against the Repub- States to pursue pro-family policies. Applicants port pointed that fact out explicitly. Services lican welfare reform proposal. Then for services funded by this block grant should help people to achieve a stable lifestyle and vote for the status quo. If that is what be asked whether a qualified family member independence. The Republicans idea of flexi- you believe, and that is a legitimate can provide care before counselors direct their bility for the States is to set work requirements opinion, but that is the debate. It is child into other settings. and cut the funding the States need to not a debate about whether we are for Regarding directing the States to spend a achieve such standards. The Republican's or against children. specific amount of funds for direct services, proposal gives up on people abandoning peo- We have these discussions about the child care block grant does not take this ple in need. This bill would have us give up on school lunch. It seems to me that pret- approach. But I want to be clear that the low-income families, give up on noncitizens ty soon we are going to agree that we House has removed the current law's 25-per- and give up on disabled children. But giving are increasing the numbers on school cent set-aside for the specific purpose of free- up on the poor will not make the problems lunch every year. H 3768 CONGRESSIONAL RECORD — HOUSE March 24, 1995 I would ask my Democratic col- The system that we have has not children born to unwed mothers younger than leagues, take a second and consider worked. We expanded the program in 18 and, if States so choose, 21, the Repub- what happens if we do nothing with 1988 by $13 billion. We said we would lican alternative will cause sufferingÐor school lunch in this proposal. Is there have job training, job readiness, job worseÐfor millions of innocent children nation- any one of you who really believes that search, day care, and 5 years later less wide. in the context of deficit reduction we than 1 percent of the welfare popu- The costs of the Republican welfare reform should subsidize every school student, lation is working. Let us not expand it proposal would be vast. While children would every full-price-paying student, every again. suffer, States would be left to bear the finan- banker’s child to the tune of 18 cents a Mr. Chairman, I yield 1 minute to the cial burden of the long-term damage the bill lunch, which is $516 million a year? gentleman from California [Mr. would cause. You take $516 million out of the ex- BILBRAY]. I authored an amendment which the Rules isting school lunch program and tell Mr. BILBRAY. Mr. Chairman, I hap- Committee did not permit to be considered on me, how are you going to run that sys- pen to be an individual that comes the House floor. The amendment called for the tem? from a working-class background with Federal Government to pay for the additional What have we done? We have elimi- a neighborhood where there are a lot of direct and indirect costs incurred as a result of nated the means testing and we have welfare recipients but also a lot of mid- reduced funding to certain Federal social pro- increased by 4.5 percent a year the dle-class working people. grams. So, for example, States would not be guarantee to the States to run that I also happened to have been privi- burdened with the additional long-term costs program. leged to serve as a supervisor of a wel- of treating the brain damage caused in chil- Mrs. MINK of Hawaii. Mr. Chairman, fare system that was larger than the dren by malnutrition resulting from elimination I yield 2 minutes to the gentlewoman majority of the States of this Union. of WIC and other nutritional programs. This from New York [Ms. VELA´ ZQUEZ]. Let me tell you the frustration those of amendment, which would have helped States (Ms. VELA´ ZQUEZ asked and was us that were trying to provide pro- deal financially with the long-range devastation given permission to revise and extend grams to the poor, especially when the her remarks.) Federal Government would stop us caused by the Republican bill was rejected for Ms. VELA´ ZQUEZ. Mr. Chairman, I from doing innovative things. consideration on the floor of the House. It rise in strong support of the Mink sub- I think the problem here is a credibil- would seem that some merely want to cut stitute. It is the most responsible, com- ity gap. We did not hear about this 10 benefits for children now, without addressing prehensive, and humane measure of- years ago. In 1978 when my county pro- the long-term harm that would result, and the fered in this debate. It addresses the posed an idea, we were called cruel, we long-term costs that would be incurred. real problems confronted by poor fami- were called inhumane, we were called The substitute before us now is a much lies today offering them the tools they terrible, because we proposed a concept more effective means of facilitating and re- need to achieve self-sufficiency and called workfare in 1978, and the gen- warding independence. The Mink substitute dignity through work. tleman and the gentlewomen from the emphasizes work and education, improves By contrast, the Republican bill other side of the aisle attacked us in child support collections, and invests in child plays a cruel game on many people of San Diego County for that. care assistance for low-income working par- this country. It is a game where there We proposed that people who get ents. It also invests in nutrition programs, and are clear winners and losers. part-time jobs should not have their in health coverage to protect the well-being of In the Republican bill, by the year money taken away from them dollar mothers and children. It encourages work by 2000, up to 2 million children will lose for dollar in their benefits if they try investing in real training. It does not discrimi- school lunches so that wealthy families to work out. The Federal bureaucracy nate against tax-paying, legal immigrants by with incomes of $200,000 will get a $500 has fought us for 10 years in this pro- denying them benefits. And it does not punish tax break for each child. gram. We just finally got them to get children by imposing an arbitrary cutoff of ben- The winners? The wealthy. off our back so we can help the poor. efits. This substitute would result in real oppor- The losers? Two million children. The fact is my working-class people tunities for those currently receiving assistance In the Republican bill, more than complain about the abuses of the wel- instead of arbitrarily penalizing those in need. 700,000 disabled children will lose as- fare system. It is not the rich, powerful I urge my colleagues to support this very posi- sistance so that families making over people who complain. It is the people tive amendment. $200,000 will gain from a reduced cap- that are in the neighborhoods who see Mrs. MINK of Hawaii. Mr. Chairman, ital gains tax. the abuses. When they say they want I yield 1 minute to the gentleman from The winners? The wealthy. to fight the abuses, it is the Federal New York [Mr. ENGEL]. The losers? Seven hundred thousand bureaucracy that stands in the way, Mr. ENGEL. I thank the gentle- disabled children. Mr. Chairman. woman for yielding me the time. In the Republican bill, 15 million I ask that we oppose the amendment Mr. Chairman, I rise today in strong children will be punished as a result of and support the Republicans because support of the Mink substitute and so-called reform while the contract they are the only ones with credibility. against the mean-spirited Republican calls for a $700 billion tax cut over 10 Mrs. MINK of Hawaii. Mr. Chairman, bill which takes food out of children’s years with half the benefits going to I yield such time as he may consume to mouths and gives tax breaks to the families making over $100,000 a year. the gentleman from New York [Mr. wealthy. The winners? The wealthy. NADLER]. The Mink substitute provides for The losers? The rest of the American (Mr. NADLER asked and was given education and job training, two essen- people. permission to revise and extend his re- tial components to get people off wel- It is for these reasons that I am sup- marks.) fare. The Republican plan does not. porting the Mink substitute, a bill that Mr. NADLER. Mr. Chairman, I rise in sup- The Mink proposal provides for child is strong on work and job training, port of the substitute offered by the gentle- care which is important if welfare peo- strong on child care opportunities, and woman from Hawaii. I consider this substitute ple are going to go to work. The Repub- strong on giving poor families and chil- to be the most viable welfare reform bill before lican plan does not. dren a chance to succeed. us today. The Mink plan maintains child nutri- Mr. Chairman, we don’t need a public Mr. Chairman, the Republican welfare re- tion and school lunches. The Repub- assistance program that is strong on form bill is nothing but an assault on Ameri- lican plan does not. homelessness, hunger, and despair. ca's children, and on America's future. It The Mink plan ensures that welfare That is not about teaching people a les- would cut $46 billion from vital family survival recipients are better off economically son. programs, denying benefits to millions of chil- by taking a job than by staying on wel- The choice is clear: Pork on the dren who are in desperate need. During this fare. The Republican plan does not. fancy china of the wealthy or food on debate, my colleagues have eloquently de- Block grants, my friends, only work our children’s plates. scribed the great harm to children that would if you fully fund them. If you do not Mrs. MEYERS of Kansas. Mr. Chair- result from the Republican bill. From cuts in fully fund them, you are literally rob- man, I yield myself 30 seconds. nutrition programs, to eliminating AFDC for bing children, particularly with this March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3769 proposal that you can take 20 percent find a permanent, well-paying job, the Demo- fare window dressing and fake, sound bite re- of funds and move them around. crats would permanently reduce welfare costs, form. I am for welfare reform, Mr. Chair- raise worker productivity, and increase reve- Mrs. MINK of Hawaii. Mr. Chairman, man, but the Republican plan is mean- nues. I yield such time as he may consume to spirited and goes too far. Support the The Republican plan ignores this reality, the gentleman from California [Mr. Mink substitute. and now does not even pretend to use their WAXMAN]. Mrs. MEYERS of Kansas. Mr. Chair- spending cuts for deficit reduction. Instead, the (Mr. WAXMAN asked and was given man, I yield 1 minute to the gentleman Republicans would give the rich the $69 billion permission to revise and extend his re- from New York [Mr. FORBES]. they took from the poor. marks.) (Mr. FORBES asked and was given Mr. Chairman, I am gravely disappointed in Mr. WAXMAN. Mr. Chairman, I rise permission to revise and extend his re- the Republicans and their plan. We all want in support of the Mink amendment. marks.) change, but this plan does not begin to break Mrs. MINK of Hawaii. Mr. Chairman, Mr. FORBES. Mr. Chairman, the tale the cycle of dependency. It breaks the backs I yield such time as she may consume being weaved by Democrats, grown of our families and children, and does nothing to the gentlewoman from California adults who are misleading the Amer- to demand work. [Ms. WOOLSEY]. ican public, is really a travesty. We are Mrs. MINK of Hawaii. I yield such (Ms. WOOLSEY asked and was given talking about building the future, re- time as he may consume to the gen- permission to revise and extend her re- storing decency and dreams for all tleman from Illinois [Mr. RUSH]. marks.) Americans. (Mr. RUSH asked and was given per- Ms. WOOLSEY. You see, Mr. Chair- Children, parents and families who mission to revise and extend his re- man, I was on welfare, I know that the have had a tough go of it deserve to marks.) Mink amendment is the right way to have a break. This Republican bill re- Mr. RUSH. Mr. Chairman, I rise in go. stores hope, it restores opportunity, re- strong support of the Mink substitute. Mr. Chairman, as the only Member of this spect, and the Democrats who have Mr. Chairman, I rise today in strong support body who has actually been a single, working been protectors of a broken, demeaning of the substitute offered by my colleague from mother on welfare, I rise to give my strong system ought to be ashamed of them- Hawaii, PATSY MINK. selves for misleading the American I do so as an original cosponsor of her pro- support to the Mink substitute. public. posal because in the real world, it helps peo- My ideas about welfare reform do not come Mrs. MINK of Hawaii. Mr. Chairman, ple find real solutions to their real problems: from books or theories, Mr. Chairman. They I yield such time as he may consume to Jobs. come from experience and I know the Mink the gentleman from California [Mr. Mr. Chairman, I have listened to the debate substitute is what we need. FAZIO]. surrounding the welfare reform bill. I know the welfare system is broken. It (Mr. FAZIO of California asked and I have been disturbed to hear the name of doesn't work for recipients and it doesn't work was given permission to revise and ex- a constituent of mine who was killed last year, for taxpayers. It needs fundamental change. tend his remarks.) young Eric Morse. First, we must have jobs that pay a livable Mr. FAZIO of California. Mr. Chair- His name was invoked several times by ma- wage. If, in the end, a recipient is better off on man, I rise in support of the Demo- jority party members as a way of compelling welfare than in the work force, we have wast- cratic alternatives and in strong oppo- support for H.R. 1214. ed the taxpayers' money. sition to the Republican bill. I agree with those Members that Eric's Second, we must help recipients make the Mr. Chairman, the current welfare system is death was a senseless tragedy, and that Eric transition from welfare to work by increasing a national embarrassment and outrage. Demo- and nearly 100,000 of my constituents who re- funding for education, job training, child care, crats are committed to reforming a system that side in public housing liveÐand sometimes and health care. contradicts the American work ethic, and un- dieÐamidst great hardship. Third, we must be flexible about transition dermines the American dream for millions. As However, I vigorously disagree with the con- from welfare to work. It took me 3 years to get a nation, we cannot afford to support a pro- clusions that my Republican colleagues draw off welfare and I was educated, healthy, and gram that encourages able-bodied adults to from his death. working. stay at home rather then look for a job. Mr. Chairman, it escapes me why those Fourth, if we collected all the child support Economic self-sufficiency must be the pri- who support the coldblooded, coldhearted Re- owed by deadbeat parents, we could move mary goal of any valid proposal, and the publican bill feel that anything it contains could 300,000 mothers, and over half a million chil- Democrats face this issue head-on. have prevented Eric's death. dren, off the welfare rolls immediatelyÐtomor- The Deal substitute's work requirement for I also fail to understand why all of the dis- row. the first year is four times higher than the Re- cussions have merely been about symptoms The Mink substitute meets each of these cri- publicans'. rather than diseases. teria, and I commend the gentlewoman from Welfare recipients must have the oppor- There is certainly no better example of that Hawaii on this excellent bill. It is a fair and just tunity to learn marketable skills to find better sort of public policy nonsense than H.R. 1214. plan that moves recipients into work by sup- jobsÐopportunities the Democrats provide. I challenge each Member from the other porting poor women and children, not by pun- Enduring job skills will prevent repeat visits to side of the aisle to come to the south side of ishing them. the welfare rolls and end the cycle of depend- Chicago and ask a dozen of my constituents Mr. Chairman, the choice comes down to ency. what is the most important missing element in this: We either punish poor children, as the Mr. Chairman, the Republican proposal is their lives or in their communities. Republican bill does, or, as in my case, we in- only an outrageous pretense at real welfare I guarantee to you that every single one of vest in families so they can get off welfare reform. that random group would have one answer permanently. Let's do what is right for our chil- The Personal Responsibility Act does not and one answer only: We need jobs. dren. Support the Mink substitute. create a single viable avenue to move families And that, Mr. Chairman, is the reason why Mrs. MINK of Hawaii. Mr. Chairman, away from dependency and in to work. In- we must attach Congresswoman MINK's sub- I yield such time as he may consume to stead, it cuts essential programs, such as day stitute to the underlying bill. the gentleman from New York [Mr. care services which enable parents to go to For, despite the Republican bill's require- SERRANO]. work while leaving their children in safe, reli- ment that recipients work, it does nothing to (Mr. SERRANO asked and was given able day care. help them find and keep real jobs. permission to revise and extend his re- The Republicans would force the States to Nor does this bill make sure that jobs are marks.) create work programs at a breakneck speed, made available in areas like my district which Mr. SERRANO. Mr. Chairman, I rise without regard to effectiveness. The resulting have astronomical unemployment rates. in strong support of the Mink amend- Republican programs could not be anything Mr. Chairman, I urge my colleagues, if you ment and against the mean-spirited, but sloppy and cheap. indeed have genuine respect for the memory anti-children Republican amendment. Tremendous savings can be earned in the of little Eric Morse, to vote in favor of the Mink Mr. Chairman, I rise in emphatic opposition long run through an initial investment in job substitute to provide jobs. to the so-called Personal Responsibility Act. preparedness and placement. By providing Only by doing so can this Congress bring It has long been clear to most thinking peo- welfare recipients with a real opportunity to about genuine welfare reform instead of wel- ple that our current welfare system is failing H 3770 CONGRESSIONAL RECORD — HOUSE March 24, 1995 the very people it is meant to help. But the ap- separate standards will make uniform national Let me repeat this: If you are a U.S. citizen proach of the Personal Responsibility Act will data collection and evaluation impossible. This from Guam you are ineligible for SSI benefits. make the situation of the poor much worse, bill won't just permit States to substitute Kool- Wherever you stand on noncitizens qualifying not better. Aid for milk if they're short of funds, it will for SSI, we should all support all U.S. citizens Perhaps the clearest sign that this bill is to- make it impossible to tell what the nutrition receiving SSI benefits. tally wrong-headed is that is saves so much picture is nationally or by State. In this debate, I've heard supporters of the money. Everyone know it takes more spend- Mr. Chairman, I could go on about the Republican bill have argued that they resent ing, not less, to give poor mothers the tools failings of this ugly, mean-spirited billÐfrozen people on welfare and that their bill does not they need to get and keep jobs and to escape block grants, transfers among grants, distribu- punish children unfairly. Are we to conclude povertyÐthey need education, training, job tion formulas that stress participation rates but that welfare policy should be based on resent- search assistance, day care for their children, not serving the neediest. ment and punishing children fairly? We must jobs. Cost is the main reason Congress has But instead, Mr. Chairman, I will just men- resist all efforts to turn welfare reform into an been slow to face welfare reform in the past. tion that I am a cosponsor and strong sup- effort to tap into resentment, an effort to pun- But this bill cuts the programs that sustain porter of the Family Stability and Work Act, ish rather than reward; if we have learned our neediest families at the same time it cuts which the gentlewoman from Hawaii [Mrs. nothing from rearing children or the develop- the programs that might give them a hand up. MINK] is offering as a substitute. Her approach ment of public policy, it is that punishment And why? To cut taxes for big corporations is, I believe, the right one. does not workÐand that abuse begets abuse; and the well-to-do. What a scandal. Mrs. MINK's amendment seeks to move wel- A very, very big problem with this bill is how fare families to self-sufficiency through work. let us work at attacking poverty, not attacking it treats our children. I hardly know where to It retains entitlement status for the safety poor people. begin. net. The Democratic alternatives to welfare re- If we pass this bill, we risk increasing the It protects children. form are fair to children, realistic on work ex- number of babies born too small to thrive. It invests in preparing welfare recipients for pectations, and generous on resources that We punish the neediest children because work. support welfare to work programs. I urge my we don't approve of their parents' conduct. It does not automatically cut anyone's bene- colleagues to vote for the Mink substitute and We shortchange child care even as we at- fits unless they refuse to work or refuse a job. the Deal substitute; let us get off the welfare tempt to force more mothers into the work It continues critical benefits for up to 2 years debate and let's get on with the business of force. after a family gets off welfare. helping to improve the lives of innocent chil- We leave abused and neglected children in It doesn't overreach by fooling around with dren, the elderly, and the less fortunate grave danger for lack of child protection re- existing nutrition, child care, or child welfare amongst us. sources. programs. Mrs. MINK of Hawaii. Mr. Chairman, We put children's nutrition at risk, threaten- It rewards States for success in moving wel- I yield 1 minute to the gentleman from ing their ability to learn and grow into healthy fare recipients into the work force. Pennsylvania [Mr. FOGLIETTA]. adults and productive participants in our econ- It does not finance itself on the backs of Mr. FOGLIETTA. Mr. Chairman, I omy. legal immigrants. support the Mink amendment. This bill slashes the safety net for poor chil- Mr. Chairman, I believe this is the right way Why must we divide America to cure dren and families. It removes the entitlementÐ to go. I urge all my colleagues to reject the welfare? the guarantee that some modest assistance Personal Responsibility Act and support the Let me give an example of what I am will be there for those families whose des- Mink substitute. talking about. perate circumstances make them eligible. If Mrs. MINK of Hawaii. Mr. Chairman, Just recently a township in my State Federal funds run out, what recourse will I yield such time as he may consume to decided to do away with and refuse the these wretched families have? the gentleman from Guam [Mr. Federal School Lunch Program. They It cuts off whole classes of peopleÐmost UNDERWOOD]. decided instead to have a sharing table legal immigrants, babies born to unwed moth- (Mr. UNDERWOOD asked and was where less fortunate children could given permission to revise and extend ers under 18, people who have received 5 come to the sharing table and take up his remarks.) years of assistanceÐhowever dire their cir- the scraps, the half sandwiches and the cumstances. And that is in good times, never Mr. UNDERWOOD. Mr. Chairman, I unfinished cokes that were left by the mind recession. rise in support of the only welfare bill more affluent students. Mr. Chairman, another big problem with the that feeds children, not alligators. I believe this is dehumanizing, I be- bill is title IV, the provisions related to immi- Mr. Chairman, I join my colleague from Ha- lieve this is destructive of any kind of grants. That the United States is a nation of waii in strong support of her substitute to the immigrants is a cliche precisely because it is Republican welfare reform. The Mink sub- self-esteem and pride, and I believe true. We all have roots beyond the borders of stitute is a fair and comprehensive plan de- that this is what would happen when the United States; we all have ancestors, as voted to moving people from welfare to work. we give the States and localities the near as parents or as remote as many-time- It ensures that adequate funds are available authority to handle the problems as great grandparents, who, willingly or not, came for education, job training, employment serv- they see fit. to America. ices, and child care while at the same time I have heard, No. 1, some horrible We know that immigrants do not come for providing incentives not punishment in order to statements today. I will attempt my public assistance; they come to join family help welfare recipients move into the work best to overcome my emotion to ignore members already here and to provide a better force. the statement comparing welfare re- life for their children. They work, they pay I want to raise two points missing from the cipients to alligators made by my very taxes, they participate in community life, and current debate: First, the impact of the Repub- wealthy friend the gentleman from they play by the rules. Why should they be lican bill on non-State areas such as Guam Miami. targeted by this bill? and, second, the denial of SSI benefits to U.S. Before you vote for final passage, think of If these restrictions were only to affect future citizens in the territories. your own child or grandchild cowering in immigrants, who would know the rules before Many colleagues are upset about the GOP shame as he approaches the sharing table. they immigrated, well, I would disagree with plan to cap Federal spending of antipoverty That's not the America I want to see for our the policy but it would be a little fairer. How- programs over the next 5 years. Guam is al- children. ever, title IV, in cutting off people who are al- ready operating under caps on AFDC and the Mrs. MEYERS of Kansas. Mr. Chair- ready hereÐand who face horrendous back- end result is that the local government pro- man, I yield 2 minutes to the gen- logs when they try to naturalizeÐmakes sense vides 80 percent, with only 20 percent from tleman from Pennsylvania [Mr. GOOD- only as a spending offset. It is certainly not fair Federal grants. LING]. to immigrants or their families and sponsors. If the Republican bill is approved, Guam Mr. GOODLING. Mr. Chairman, I was A relatively small problem, Mr. Chairman, stands to lose $35 million more from existing asked whether I wanted to get up and but one with a big impact is that under this bill, caps. Local governments take noticeÐthis fate correct all the misstatements that there will be no national nutritional standards awaits you. were made in relationship to school for the nutrition block grants. Nutritional needs Second, it is not clearly known that not all lunch/child nutrition programs. The do not vary among the States, and 50-plus U.S. citizens participate in the SSI Program. answer is no. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3771 If they don’t believe what the non- it for the children. Is that because you from the Committee on Rules adopted partisan entities tell us, they there is are mad at the elderly, you are show- by the House. not anything I can do to correct that. ing how tough you are? Mr. GIBBONS. I was under the im- What I can say, however, is, ‘‘Don’t Nonsense. It is because they have the pression you could ask unanimous con- feed the bureaucrats. Feed the chil- political clout to get out of your sent to do almost anything around dren.’’ That is exactly what we are scheme, and I am glad they do. here. Mr. Chairman. That has always doing in H.R. 4. The same with food stamps. You al- been my understanding. Unanimous We can talk about what everybody most all voted against an effort to real- consent waives all of the rules includ- apparently agrees on, at least that is ly block-grant food stamps yesterday ing the Committee on Rules’ rules. I what I get for the last 3 weeks, 4 weeks because the farmers did not want you think the Chair is wrong, Mr. Chair- of our discussion. Everybody agrees the to do that. man. present system has failed millions of The CHAIRMAN. The Parliamentar- Americans, has enslaved them, has pre- b 1200 ian has advised me if the time is allot- vented them from ever getting an op- As a matter of fact we here all of ted equally on both sides as the rule portunity to get part of the American these arguments against even entitle- provides, the Committee of the Whole dream. ments. I will be waiting to see my can do that. So what can we do? friend from Kansas and my friend from Mr. GIBBONS. I wanted to allocate Well, there are three approaches, I Wisconsin when we talk about the it. This is an important debate and suppose. antimeans testing of entitlements in there are lots more speakers. We can hope and pray. If you think America, the ones that go to wealthy The CHAIRMAN. Is the gentleman hoping and praying will do it, then just farmers and the wealthier you are the making a unanimous-consent request? hope and pray. I do not believe it will. more you are entitled to get. Let us see Mr. GIBBONS. Yes, I am making a Or we can put more money into the how antientitlement you are then. unanimous-consent request. same failed system. That is the usual The CHAIRMAN. Five minutes each approach the Federal Government has Finally, we have a jobs program in side? taken. If you just do more programs, this bill and it is a public jobs program more money, it will all correct itself. I because we do not believe everybody Mr. GIBBONS. Five minutes addi- do not believe that will happen. now on welfare is going to be hired in tional on each side. There is a third alternative. The the private sector, especially with the The CHAIRMAN. Is there objection third alternative is to admit the sys- Fed trying to slow it down. to the request of the gentleman from tem failed, which I think everybody is, What does that bring forward? Deni- Florida? and then do something to correct it. gration. The gentlewoman from Kansas Mrs. MEYERS of Kansas. Reserving I believe that in H.R. 4 we have fi- sneers at ‘‘make-work jobs.’’ Well, the right to object, Mr. Chairman, nally given those who have been when you sneer at public service jobs what is the gentleman requesting, how trapped all these years an opportunity in that tone you are hardly showing a much additional time? to get a part of that American dream. respect for the work ethic. Mr. GIBBONS. If the gentlewoman I would hope that that is the approach Mrs. MEYERS of Kansas. Mr. Chair- will yield, it gives you 5 minutes and we would take. We owe it to those peo- man, I yield 1 minute to the gentleman gives Mrs. MINK an additional 5 min- ple who have been trapped. from Nebraska [Mr. CHRISTENSEN]. utes, that is all. That is reasonable. Mrs. MINK of Hawaii. Mr. Chairman, Mr. CHRISTENSEN. Mr. Chairman, Mr. BURTON of Indiana. Reserving I yield 2 minutes to the gentleman the Mink substitute contains many bad the right to object—— from Massachusetts [Mr. FRANK]. provisions, but the one I want to focus The CHAIRMAN. The gentlewoman Mr. FRANK of Massachusetts. Mr. on, that I believe is one of the worst, is from Kansas has the reservation. Chairman, one of the speakers on the the fact that it is going to increase the Mr. BURTON of Indiana. Mr. Chair- other side said, ‘‘Can we accept that we tax rate for corporations from its cur- man, will the gentlewoman yield? are all for children?’’ rent 35 percent to 36.25 percent. Mrs. MEYERS of Kansas. I yield to Well, we can’t for a couple of reasons. The Democrats raised income taxes the gentleman from Indiana. First of all when one of the Members and they raised corporate income tax Mr. BURTON of Indiana. Mr. Chair- on that side used the analogy of feed- in 1993 and now they want to do it man, let me just say that the rules ing alligators as the basis for his argu- again. have been established for debate, and ment for cutting off welfare entitle- This income tax rate increase makes we have already on one occasion ex- ments, I heard no protests on that side. absolutely no sense. The point of wel- tended the debate time on a previous He cited the Declaration of Independ- fare reform is to take people off of the bill, and it seems to me that we should ence. Apparently in his version it says welfare rolls and to put them on the object to this. And if the gentlewoman all men are created equal to alligators tax rolls. will not, I will. and we will treat them equally. That How are current welfare recipients The CHAIRMAN. The gentlewoman kind of dehumanizing and degrading going to move into the work force if we from Kansas still controls the time. analogy is why we cannot take seri- have a job-killing tax increase? This is Mrs. MEYERS of Kansas. Mr. Chair- ously that profession. not a tax increase on big corporations. man, after consultation with the two There is another reason. You are Corporations do not pay taxes. People chairmen involved in this, I would re- block-granting everything here and pay taxes. This is a tax increase on the quest that we have an additional 5 min- you say, ‘‘Well, why is that a prob- little guy, employees of large corpora- utes for each side. lem?’’ Because it is very clear. When tions, the people who own stock Mr. Chairman, I withdraw my res- the Republican Party cares about through a pension plan or a mutual ervation of objection. something, they don’t block-grant it. fund and the people who supply prod- The CHAIRMAN. Is there objection When they were worried about manu- ucts and services to large corporations. to the request of the gentleman from facturers’ liability, they went into the They are the ones that ultimately will Florida? States, took it out, and brought it up. pay for this tax increase. There was no objection. When the elderly complained about Republicans want to create jobs. We The CHAIRMAN. The gentlewoman elderly nutrition being block-granted, need to not pass this bill. from Kansas [Mrs. MEYERS] has 8 min- they dropped it out of their bill. Mr. GIBBONS. Mr. Chairman, this is utes remaining, the gentlewoman from If taking it and block-granting it is an important debate and I am going to Hawaii [Mrs. MINK] has 71⁄2 minutes re- such a good thing for the children, are ask unanimous consent that we be al- maining. we to believe you are penalizing the el- lowed to extend the debate time equal- Mrs. MINK of Hawaii. Mr. Chairman, derly? ly divided by 5 minutes on each side. I yield 2 minutes to the gentleman I mean, you were originally going to The CHAIRMAN. A unanimous-con- from New York [Mr. RANGEL], a mem- block-grant elderly lunches and chil- sent request in the Committee of the ber of the Committee on Ways and dren’s lunches. Now you are only doing Whole cannot overrule a resolution Means. H 3772 CONGRESSIONAL RECORD — HOUSE March 24, 1995 (Mr. RANGEL asked and was given centives, when you take away their this welfare child, it has paid off for permission to revise and extend his re- freedom, when you take away their America and for our people. marks.) dignity, they have to be provided for. Mrs. MEYERS of Kansas. Mr. Chair- Mr. RANGEL. Mr. Chairman, the rea- The biologists are now giving incen- man, I yield 11⁄2 minutes to the gen- son I support the Mink substitute is be- tives outside of the gates, trying to get tleman from Indiana [Mr. BURTON]. cause it is about jobs. All I can say is them out. What a great idea. Mr. BURTON of Indiana. Mr. Chair- that we did not promise $200 billion to Mrs. SCHROEDER. Mr. Chairman, man, I listen to the Democrats, and it the richest people in America. We did will the gentlewoman yield? sounds like to me they have a corner not promise $780 billion. We did not Mrs. CUBIN. No, I will not yield. on the market as far as poverty is con- promise a 50-percent tax cut in capital What a great idea. Give more welfare. cerned. Believe it or not, some of the gains. The CHAIRMAN. The gentlewoman Republicans grew up in very difficult But we do not blame you for doing it. will suspend. The Committee will be in situations. I myself did. You do not be- It worked for you. But worse than order. This is not adding to the dignity lieve that. Listen to this. making a bad campaign promise is of this debate. My mother was a waitress for 18 keeping it. We cannot afford to give Mrs. CUBIN. Just like any animal in years and I shined shoes at a place away that type of revenue with the def- the species, any mammal, when you called J.D. Rushton’s Barber Shop and icit we have. take away their freedom and their dig- we did not get welfare back in those But more importantly, we cannot do nity and their ability, they cannot pro- days. They did not have it. You had to it by taking $68 billion away from the vide for themselves, and that is what go to the township trustees. poorest among us. If you want people the Democrats’ proposal does on wel- But one of the great things we had to have jobs, for God’s sake, give them fare. going for us was we lived in America training, give them an education, a Let us give our folks dignity and ini- and we were a land of opportunity, and place to live, give them hope, give tiative and jobs. we would pick ourselves up by our them an opportunity to be productive. Mrs. MINK of Hawaii. Mr. Chairman, bootstraps and move out of the white But you do not cut off a child who did I yield 15 seconds to the gentleman ghetto and make something of our- not ask to be born just to show how from Florida [Mr. GIBBONS]. mean you can be. You do not really Mr. GIBBONS. Mr. Chairman, in my selves. As a result, my brother, my sis- just tell somebody they cannot get as- 34 years here I thought I had heard it ter, and I have succeeded to a degree. sistance when there are no jobs avail- all, but we have a millionaire from Now let me just tell you this. The de- able. Florida comparing children to alli- pendency that has been created by the If you really want a strong America, gators and we have a gentlewoman in Great Society back in the 1960’s has led you do not beat up on immigrants, but red over here comparing children to us to the condition we are in today give them a chance to become partici- wolves. That tops it all. where the vast majority of the people pating and productive so that we can Mrs. MINK of Hawaii. Mr. Chairman, on welfare are in a cycle of dependency become competitive. I yield 2 minutes to the gentlewoman and they cannot get out. That was why There is an opportunity to have a tax from California [Ms. WATERS]. the people of this country changed the cut when we get rid of the deficit and (Ms. WATERS asked and was given way Congress was made up last Novem- we all move forward together in a more permission to revise and extend her re- ber. They want that cycle of depend- equal way. But you will have it on your marks.) ency broken, and we are trying to do conscience by passing the Govern- Ms. WATERS. Mr. Chairman, I rise in it. ment’s responsibility and say pass it on support of the Mink proposal. I support You keep telling the people of this to the Governors. One day the Gov- it because I know something about this country we are trying to take money ernors are going to come back and say subject matter. and food out of the mouths of hungry we do not have the money and then As a little girl growing up in St. children. That is insane. We are spend- what are we going to do? Louis in a welfare family, I know what ing 41⁄2 percent more on the Children’s This is a great opportunity under the it means to be hungry, to be cold, to be Lunch Program than we were before. Mink substitute, not for welfare but for without health care, to have to put we are giving more, but we are taking jobs. That is what we want. And if you cotton in a cavity because there is no it away from the bureaucrats and giv- are not prepared for a job you cannot preventive care. ing it to the Governors so they can get employment. I know what it means to be a fright- handle it within block grants. Mrs. MEYERS of Kansas. Mr. Chair- ened little child, thinking everybody We want to break the cycle of de- man, I yield 11⁄2 minutes to the gentle- hates you. I often said that if I ever pendency and you do not. You want to woman from Wyoming [Mrs. CUBIN]. had the opportunity to support chil- keep the people of this country depend- Mrs. CUBIN. Mr. Chairman, in view dren, to be an advocate, to talk about ent on you so you can get reelected and of the fact that the alligator analogy what you could do to get families off reelected and reelected. was hissed and booed, I thought I welfare, I would do that. The times have changed. The times should bring up another story that is This proposal gives me that oppor- have changed. near and dear to my State. My home tunity. It provides child care. That is Mrs. MINK of Hawaii. Mr. Chairman, State is Wyoming, and recently the what my mother needed. She needed how much time do we have remaining? Federal Government introduced wolves some training, she needed to be edu- The CHAIRMAN. The gentlewoman into the State of Wyoming, and they cated. This proposal would allow that. from Kansas [Mrs. MEYERS] has 5 min- put them in pens and they brought elk She needed a transition period in which utes remaining, and the gentlewoman and venison to them every day. to wind off welfare. This proposal pro- from Hawaii [Mrs. MINK] has 31⁄2 min- This is what I call the wolf welfare vides that. utes remaining. program. The Federal Government in- Do not be mean, do not be cruel, do Mrs. MEYERS of Kansas. Mr. Chair- troduced them and they have since not knock children on disability off man, I yield 1 minute to the gentle- then provided shelter and they have welfare. Do not make the children vic- woman from Washington [Ms. DUNN]. provided food, they have provided ev- tims. Ms. DUNN of Washington. Mr. Chair- erything that the wolves need for their I know what it takes and I would ask man, I thank the gentlewoman for existence. Members to listen to me. Let us have a yielding time to me. Guess what? They opened the gate to fair proposal in the form of the Patsy Mr. Chairman, I would like to re- let the wolves out and now the wolves Mink proposal that really speaks for spond to some of the comments we will not go. They are cutting the fence the needs of welfare families. have heard in this discussion this down to make the wolves go out and If you want to make families inde- morning. Americans are a generous the wolves will not go. pendent, let a welfare child tell you people and they have long dem- What has happened with the wolves, how to do it. It can happen. And let me onstrated their commitment to help just like what happens with human reiterate, whatever penny, whatever their neighbors and families and chil- beings, when you take away their in- dollar, whatever dime was invested in dren in need. But the American people March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3773 also demand results for their invest- assumptions that poor people have no work drug. This is why the Mink substitute ment. ethic. is talking about empowering our chil- We all know and it is agreed upon It protects children because it does not in- dren and our poor by giving them job that the American welfare system clude a requirement to deny benefits to teen- training, by giving them child care, so right now is a $5 trillion failure. We age mothers or children who are born to fami- they can go out and be more productive have talked about the School Lunch lies already on AFDC. members of society. Program that the Republican plan in- H.R. 1250, helps families in the critical tran- If this bill, this underlying bill, is not creases that by 41⁄2 percent a year. sition from welfare to work because it retains mean spirited, I do not know what is. But I want to mention something crucial support systems that allow families to The way we can help America is by else that was inserted as an amend- keep health, child care, housing, and food not giving them a handout but a hand. ment on the floor by the women Repub- stamps for up to 2 years, until they accrue the This country needs a hand, and the licans, and that is the Day-Care Pro- security to do it themselves. Mink substitute accomplishes that. gram. Three weeks ago, I offered an amendment The Republicans have said that they Mr. Chairman, the Day-Care Program during Economic and Educational Opportuni- have accomplished it, but all we see in the Republican plan adds $2.1 billion ties deliberations on welfare reform that would with them is the operation is a success, a year for child day-care for women protect our Nation's children. My amendment but the patient dies. who are working off of the welfare rolls would allow children, whose family income fall Mrs. MEYERS of Kansas. Mr. Chair- on to work. We know it can be a prob- under 130 percent of poverty, to continue to man, I yield 1 minute to the gentleman lem for them, and the Republican day- receive free meals at school. This program from Pennsylvania [Mr. WALKER]. care plan helps individuals meet that was eliminated in H.R. 999, the Welfare Re- Mr. WALKER. Mr. Chairman, per- responsibility by giving them peace of form Consolidation Act. My amendment was haps not by design, but certainly by ex- mind as they move off the welfare rolls unilaterally defeated by the supporters of the perience, the welfare system has be- back into work. so-called contract. come corrupt and immoral. The Mink And since under this rule, I am not per- Mr. Chairman, last Saturday at home substitute seeks not to end that wel- mitted to offer the amendment during this I met with a group of Head Start fare system, not to reform that welfare process, I have introduced the measure as a women who were unanimous and em- system, but to expand it. House resolution. phatic in their desire to get off AFDC Why would anyone want to spend So what if we go into another recession? and off welfare. The one thing they more on a system that has not only asked for was help in child care. Help We can't meet existing need. There is no fail- safe approach for American children in the failed but has become corrupt and im- them find good, safe, child care and moral? It is immoral to take money they will find work in the private sec- Contract With America. Are young people, who have no agenda, no away from hard-working middle-class tor. Americans and give it to people who I urge rejection of the Mink amend- vote, any less important because they don't vote? If the Personal Responsibility Act, be- refuse to work. ment and support of the Republican The welfare system defines corrup- bill, H.R. 4. comes law, States or school districts will de- cide whether or not to provide any free meals tion. Study after study has shown it is fraught with waste, fraud, and abuse. b 1215 at all; States will not be required to serve meals to children who cannot afford to pay for Studies of the Food Stamp Program Mrs. MINK of Hawaii. Mr. Chairman, them. have shown up to 20 percent of the I yield such time as he may consume to As a former teacher, I know that you cannot money ends up in waste, fraud, and the gentleman from American Samoa teach a hungry child, because hunger impairs abuse. Why do we want to expand that [Mr. FALEOMAVAEGA]. their ability to learn. system? (Mr. FALEOMAVAEGA asked and I remember the deep conviction of the One of the speakers who was on the was given permission to revise and ex- American people and their compassion for the floor here from the other side a few tend his remarks.) less fortunate. I urge my colleagues to con- minutes ago proposed a couple of years Mr. FALEOMAVAEGA. Mr. Chair- tinue that tradition by supporting the Family ago to give $100 a week to people to man, I rise in support of the Mink Stability and Work Act. keep well groomed. We cannot afford amendment. Block grant, Mr. Chair- Mrs. MINK of Hawaii. Mr. Chairman, this, folks. We have got to stop the im- man, is a copout. I yield 11⁄2 minutes to the gentleman morality. We have got to stop the cor- Mrs. MINK of Hawaii. Mr. Chairman, from California [Mr. TUCKER]. ruption. I yield such time as he may consume to Mr. TUCKER. Mr. Chairman, I thank Reform the system. Do not vote for the gentleman from New Jersey [Mr. the gentlewoman for yielding. the Mink amendment. PAYNE]. Mr. Chairman, we are not talking Mrs. MINK of Hawaii. Mr. Chairman, (Mr. PAYNE of New Jersey asked and about alligators. We are not talking I yield 30 seconds to the gentleman was given permission to revise and ex- about wolves. We are talking about from California [Mr. WAXMAN]. tend his remarks.) America’s children. We are talking Mr. WAXMAN. Mr. Chairman, I Mr. PAYNE of New Jersey. Mr. about human beings. thank the gentlewoman for yielding Chairman, I rise in strong support of The Republicans have gotten on the time. the Mink substitute. floor. They have said that some of I cannot think of anything more cor- Mr. Chairman, today I rise in support of H.R. them have come from less than meri- rupt than to take from the poor to give 1250, the Family Stability and Work Act be- torious beginnings. If that is true, then tax breaks for the rich, and I cannot cause the Personal Responsibility Act is an they need to remember those humble think of anything more immoral than all-out assault on America's children, on Amer- beginnings, because but for the grace of to punish people who are poor just be- ica's elderly, on America's poor, on our most God, there go you. We are talking cause they are poor. vulnerable populations. about human beings. Reject the bill before us and support My colleagues claim that they are not out to You said that there are no cuts. the Mink amendment. get women and children, that the Personal Re- Sixty-six billion dollars’ worth of cuts: Mrs. MINK of Hawaii. Mr. Chairman, sponsibility Act does not punish poor people, We are concerned about these cuts, be- I yield such time as he may consume to that we need to have an honest discussion cause this is food that could go into the gentleman from California [Mr. MI- about this proposal. the mouths of our children. This is NETA]. I don't know that we can have an honest money that you are going to use to put (Mr. MINETA asked and was given discussion about legislation that was built on in the hands of rich people who do not permission to revise and extend his re- distortions and misperceptions. need a tax break. This is what we are marks.) The truth is that kids are hurt. The Family talking about. Mr. MINETA. Mr. Chairman, I rise in Stability and Work Act does not set arbitrary Mr. Chairman, we are talking about strong support of the Mink amend- time limits on poverty, because there is no cut not crippling our Nation’s poor, but we ment. off of benefits for those who make a concerted are talking about empowering them. Mr. Chairman, I rise in strong support of the effort to find work. There is no pandering to Yes, we know that welfare can be a Mink amendment. H 3774 CONGRESSIONAL RECORD — HOUSE March 24, 1995 This amendment embodies the belief all of In order for Republicans to save Investing in jobs is the best invest- us say we share: that our welfare system will money, they do not have to take ment we can make. A full employment never be a success until it becomes a system money away from the free lunches. We economy is an economy that grows and which actively works to make itself obsolete. do not have to tell the children of can afford to do more. People with jobs The Republican proposal downsizes welfare America there is a fiscal crunch, and produce goods and services, generate simply by kicking out the most vulnerable in this Nation needs their lunch. We do income, buy goods and services, pay our society to sink or swim. It will succeed not have to do that. taxes, and consume less government only in perpetuating the cycle of hopelessness We can save money in many other transfer payments such as Aid to Fam- into which far too many American families ways. Sixteen billion dollars is spent ilies with Dependent Children [AFDC] have fallen. on aid to children; $16 billion is spent and unemployment insurance. Even the It would say to immigrants who have chosen on aid to rich farmers. Rich farmers re- Congressional Budget Office [CBO] has to make the United States their home thatÐ ceive the welfare without any means- acknowledged that a 1-percent reduc- despite the taxes they pay, despite the busi- testing. Let us take some of the money tion in the unemployment rate leads to nesses they have formed, despite the edu- away from rich farmers to pay for the a net gain in the U.S. Treasury of $40 cational success of their children which con- training and job experience in this bill. to $50 billion. tribute so much to this NationÐtheir well-being I urge my colleagues to support this In a report to the Ways and Means isn't any cause for concern. bill. It is the only effective proposal for Committee last Monday, the CBO con- Those who have become the most strident welfare reform. Vote for the Mink sub- cluded that States will not be able to in criticizing immigrants in America frequently stitute. use the same criticism that has been used for meet the work requirements in H.R. Mr. Chairman, I rise in strong sup- 1214 calling for 50 percent involvement generationsÐthat immigrants are not assimi- port of the Mink substitute for H.R. lating into American society quickly enough. in job training or work programs by 1214. Congresswoman MINK’s substitute 2003, and 90 percent involvement for Yet the Republican bill actively pushes is the most comprehensive welfare re- these newest Americans toward the margins two-parent families. That conclusion form plan that we are considering this should not be surprising. Welfare-to- of our society. week because it focuses on what wel- Well, Mr. Chairman, I can assure every work programs have been consistently fare recipients need and want most— Member of this Chamber that the Asian Pa- underfunded. Specifically, the JOBS jobs. cific-American and Latino communities in this program has only received about $1 bil- American voters have spoken loud Nation will never forget that insult. lion a year even though it would need and clear about their job fears and anx- In contrast to the punitive proposals in the $6 billion a year to operate at full ca- iety. In the interviews at the exit polls Republican bill, the Mink amendment takes pacity and enable all eligible AFDC re- on November 8, working people ex- the steps necessary to truly build a system of cipients to participate. plained their anger. Wages are too low. public assistance that moves Americans in In H.R. 1214, Republicans are merely Corporate downsizing, streamlining, need toward independenceÐthrough job train- continuing this pattern of hostile ne- and the pursuit of slave labor in Mex- ing, child care, and educational assistance. glect. In contrast to the Mink Sub- ico and China have intensified the fears It is fair, it is workable, and it is just. To me, stitute, the Republican bill provides no that is the definition of good public policy. I of those who are working today about losing their jobs tomorrow. And among job or job training guarantees, and it is urge my colleagues to support the Mink not funded with any additional money amendment, and enact meaningful welfare re- the millions who have been unem- ployed for many months, and some for to make sure that people work. form for America. CBO has estimates that it will cost Mrs. MINK of Hawaii. Mr. Chairman, years, all hope of ever getting a decent job is fading fast. $11,440 a year to place just one welfare I yield the balance of my time to the mother in a welfare-to-work program. distinguished gentleman from New Welfare recipients have the same fears and anxiety. They wonder what That includes the costs of child care, York [Mr. OWENS] for closing on our paying supervisors, job training, and side. will happen to them and their children if their benefits are taken away, but paying wage subsidies. But my friends (Mr. OWENS asked and was given on the other side of the aisle are not permission to revise and extend his re- education, job training, child care, and job search assistance are not provided interested in such details. Their mes- marks.) sage to the middle- and upper-income Mr. OWENS. Mr. Chairman, of all the for them. Of all the proposals on the earners in this country is as follows: proposals on the table, only the Mink table, only the Mink substitute ensures we are going to save money by strip- substitute insures that families are that families are given the tools they ping poor people of the few benefits given the tools they need to obtain liv- need to obtain living wage jobs and they have so that we can give you a tax ing-wage jobs and achieve self-suffi- achieve self-sufficiency, independence, cut. We will talk about how we want ciency, independence, and dignity. and dignity. We have welfare in this country be- Instead of eliminating the current poor people to go to work, but we are cause welfare is so much cheaper than Job Opportunities and Basic Skills not going to spend one dime or create full employment. The average welfare [JOBS] program, the Mink substitute a single job to make that happen. That payment per month is about $350, $350 sensibly enhances it by striking cum- would cost too much money, and our to survive. That is far different than a bersome mandates and increasing the economy depends on the existence of minimum-wage job. The substitute also States’ flexibility to determine who is an underclass of serfs anyway. contains the most stringent work re- required to participate in JOBS and The Republicans have completely quirements we will see on the House who is exempt. There is no arbitrary skewed the welfare reform debate. We floor. Every welfare recipient with a time limit for AFDC benefits, but the should not be talking about cutting self-sufficiency plan must be in a job substitute allows states to work with one form of welfare in this country after the various education and job- families to determine what is nec- without talking about cutting all training activities are completed. In- essary to get them off welfare and into forms of welfare. If sacrifices must be vesting in jobs is the best investment jobs. made to balance the budget, then ev- we can make. The substitute also contains the eryone must share in the pain. Even the Congressional Budget Office most stringent work requirement we In order for the Republicans to save has acknowledged a 1-percent reduc- will see on the House floor. Every wel- money, they do not have to single out tion in the unemployment rate leads to fare recipient with a self-sufficiency AFDC. In 1993, the Federal Government a net gain of $40 to $50 billion to the plan must be in a job after the various spent $16 billion on AFDC, but the Fed- Treasury. Let us put people to work. education and job training activities eral Government also spent $16 billion Republicans do not support bills that are completed. If they are unable to on commodity price and farm income put people to work. In H.R. 1214, Re- find a job on their own, then they still support programs. publicans are merely continuing a hos- must go to work at a job that either Despite the fact that the Government tile pattern of neglect that they have has been created or is subsidized by has been spending the same amount of always had toward jobs. their State. money on programs for tobacco and March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3775 peanuts as the AFDC program, Repub- Then the jobs went away, after these been successful at getting people off the wel- licans have not attacked the agri- people who they themselves and their fare rolls and getting them into productive culture expenditures as vigorously. ancestors built the greatest economic jobs, but so have the Federal programs. Somehow, it’s alright to subsidize agri- machine on the face of this Earth. So The problem, Mr. Chairman, is that not all business, but it’s not alright to make when the jobs left the big cities and the States operate with the same efficiency, and I sure that single mothers and their chil- mines closed, why did not the same can just imagine that with 50 different bu- dren continue to have food on the people who were the children of the reaucracies, with 50 different sets of laws and table, roofs over their heads, and shirts ones who came to the factories, who regulations, with 50 different State court rul- on their backs. There is a double stand- came to the cities seeking a better way ings, with 50 different budgetary prioritiesÐ ard here that smacks of racism. of life, why did they not follow suit? well, let me just say that I suspect the result Therefore, the test of a true and com- Why did they not go where there were will be utter chaos and confusion. We are prehensive welfare reform plan is not better jobs and better opportunities? going to have people moving from one State merely whether it is vigilant about re- They did not because the Congress of to another just to obtain better benefits. But of forming the AFDC program, but wheth- the United States, this Government, course the States that provide the better bene- er it is just as vigilant about reforming put into place a welfare system that fit packages will be overwhelmed and will our welfare system for agribusiness and was corrupt, although well-meaning, have to lower the quality of their packages to all other corporations. For, wealthy was destructive, although thought to that of their neighbors so they do not continue corporations in this country are spoon- be kind and gentle, and for generations to be overwhelmed. And if I am correct, Mr. fed a whole variety of pork, ranging now, we have seen this destructive wel- Speaker, when you block grant a Federal pro- from huge tax breaks for multinational fare system stay in place and keep peo- gram to a State, the States have considerably corporations which export American ple where they are, a system that is de- more latitude with the funds, and they do not jobs overseas, to hundreds of millions structive of future self-esteem, de- necessarily have to spend the funds as Con- of dollars to agribusiness corporations structive of family, destructive of the gress would like or have intended. to market and promote their products basic moral fiber that has held this Na- Unlike H.R. 4, which does nothing more abroad. The Mink substitute passes tion together and the work ethic that than cut the funds expected to be needed to this test. we have been so proud of as Americans. support our nation's children, Congresswoman The Mink substitute pays for the Now is the time to sweep this away. MINK's substitute is an honest plan which cost of welfare reform by attacking the The gentleman from Georgia yester- seeks to move welfare families off welfare by hundreds of billions of dollars in hand- day and again the day before said that training them and putting them to work. outs to corporations by increasing the now the Republicans are coming for Mr. Chairman, the Congressional Budget top corporate income tax rate by a the poor and the children. Yes, they Office has estimated that all 50 States will modest 1.25 percent. That sends the are. We are coming for them to pull likely fail to meet the job requirements con- right message to working-class Ameri- them out of the life of dependency and tained in H.R. 4. Shouldn't that send a mes- cans—that the fat-cat freeloaders can poverty, and we are going to ask you sage to our friends across the aisle? Shouldn't no longer belly-up to the Government the Democrat side, after the passage of that alert those with the ability to change this trough. welfare reform, hopefully some before, bill to do so now? Are they simply going to Mr. Chairman, the Mink substitute to join with us, because we are only on say it's not true, or it doesn't matter, we can represents real welfare reform because the first step to the road of doing fix it in conference? it ensures that everyone who is willing something about taking people out of Mr. Chairman, I would find that position and able to work will obtain a mini- poverty. We are sweeping away a de- rather embarrassing to be associated with, mum wage job. It therefore addresses structive system, and we are putting in and I want to use this opportunity to state un- the deficit about which Americans are a system that can work. equivocally my strongest opposition to H.R. 4, most concerned—the jobs deficit. I en- But we cannot now walk away from and my strongest support for the Mink sub- thusiastically endorse this approach it, because the road of the poor is going stitute. and urge all of my colleagues to vote to be a tough road. It is going to be a Mr. STOKES. Mr. Speaker, I rise today to for the Mink substitute. treacherous road. It is going to be a express my support for the Family Stability Mrs. MEYERS of Kansas. Mr. Chair- road that we in the Congress are going and Work Act. I commend my distinguished man, I yield such time as he may to have to do more after the passage of colleague from Hawaii, PATSY MINK, on her ef- consume to the gentleman from Penn- welfare reform to take people out of forts in crafting meaningful legislation in re- sylvania [Mr. WELDON]. poverty in this country. sponse to the issue of welfare reform. (Mr. WELDON of Pennsylvania asked For once, after we pass this, let us The Family and Stability Act replaces the and was given permission to revise and join together in a new meaning of the punitive measures of H.R. 4 with a much more extend his remarks.) American spirit and solve the problem realistic and focused alternative. It is sound, Mr. WELDON of Pennsylvania. Mr. of poverty in this country to give peo- sensible and compassionate and deserves the Chairman, I rise to correct obvious ple back self-dignity, to discourage il- full support of this House. I am supportive of misstatements by a colleague on the legitimacy, to promote the family and this legislation because it provides a safety net other side about a school district in my to promote the values that have made of training and support services to help wel- district. this country great. fare recipients into gainful employment. In ad- Mrs. MEYERS of Kansas. Mr. Chair- I urge a ‘‘yes’’ vote on H.R. 4. I urge dition, this plan does not impose time limits on man, I yield 3 minutes, the remainder a ‘‘no’’ vote on the Mink substitute. recipients, or repeal the entitlement status of of my time, to the gentleman from Mr. FALEOMAVAEGA. Mr. Chairman, I rise essential nutritional and child care programs. Florida [Mr. SHAW]. today in support of the Mink substitute, and in The Mink substitute logically attempts to re- Mr. SHAW. Mr. Chairman, I thank opposition to H.R. 3. form our Nation's welfare system. It dem- the gentlewoman for yielding and al- Mr. Chairman, I submit to my distinguished onstrates that we can effectively reform the lowing me to close on this debate. colleagues that the lives and well-being of welfare system without hurting the very people The hollering and shouting, the some 21.6 million of our Nation's children are that it is designed to help. This alternative rec- innuendoes and name calling are hope- at risk if we allow the Republican welfare re- ognizes that reducing other programs which fully now over, and we will be asked in form bill to become law. assist the poor is counterproductive. not too long to decide between the sta- We are all in agreement that our welfare Of the 14 million people on AFDC, 10 mil- tus quo and the Republican welfare re- programs need reform. And in fact, Democrats lion are children. This substitute sensibly in- form bill. intended to reform these programs this year; vests in those programs that most benefit our History tells us that they came from however, as the people of this country are Nation's youth. Furthermore, it takes nec- farms, they came from all over this Na- seeing, our minority status is now working to essary steps toward ensuring that recipients tion in search of a better life for them- the detriment of our Nation's children. are helped out of dependency and into self- selves and their families. They settled Some of my friends across the aisle have sufficiency. in the cities, they settled in the coal repeatedly said the best way to administer our Work and preparing for work are essential mines, and they were hard-working be- welfare programs is to give block grants to the elements in welfare reform. The Mink plan cause there was a hard-work ethic. States. Without question, some States have provides welfare recipients with education and H 3776 CONGRESSIONAL RECORD — HOUSE March 24, 1995 job training necessary to obtain a job and stay The Mink substitute would provide families family violence, substance abuse, and health employed. The Mink substitute guarantees with real opportunities to get off welfare and problems. child care to parents who are working, or in lead a successful self-sufficient lifestyle. We have an opportunity to improve the lives work preparation programs. According to the Yes, Mr. Chairman, we do need to change of the poor in this country by changing the Department of Health and Human Services, the welfare system; welfare system in a positive, not punitive, ef- 378,000 children from low-income families But it is cruel and mean-spirited to disman- fort. struggling to get off welfare or remain inde- tle altogether the safety net and basic services I urge my colleagues to support the Mink pendent would no longer have Federal child for poor families and disadvantaged children. substitute. care assistance under the Republican pro- The Republican's answer to welfare reform Mr. RICHARDSON. Mr. Chairman, I rise in posal. It is irrational and unrealistic to expect is to drop hungry children from the school support of the Mink substitute bill because it young mothers to get into the work force with- lunch program, deny basic assistance to lawful demands work and responsibility from recipi- out adequate child care. immigrants who pay Federal taxes, pit foster ents, but does not pay for future tax cuts by The welfare plan proposed by my colleague children against victims of domestic violence punishing legal immigrants and children. from Hawaii would attempt to exercise com- for the same scarce funds, eliminate assist- The Mink bill sets aggressive work require- passion for welfare recipients without encour- ance to disabled kids, and cut programs to re- ments, and is tough on those who do not aging dependency. It includes provisions duce child abuse. workÐrecipients who refuse to work will have which do not impose time limits for low-income In the State of Hawaii, we stand to lost $68 their benefits terminated. individuals receiving aid to families with de- million over the next 5 years in Aid to Families Unlike current Republican proposals, the pendent children [AFDC]. In a congressional With Dependent Children under the Personal Mink bill makes the investments necessary in district such as mine, more than 40 percent of Responsibility Act. education and training to prepare recipients for the population lives below poverty. I believe The Republican plan caps cash assistance work, and this is critical. the Mink substitute addresses this issue by with total disregard for the unique economic We must not adopt legislation, merely for helping families stay off of welfare, and allow- situations in each State. the sake of change, that ignores the root ing them to retain essential health, housing, Last year Hawaii experienced an unex- causes of povertyÐotherwise we will be faced and food stamp benefits for up to 2 years. pected increase in enrollment for AFDC. with many more years of failed policy. One of the most unjustifiable aspects of the In February, Hawaii's Department of Human The Mink bill makes work pay. It provides personal responsibility act is the block-granting Services Director Susan Chandler testified be- short-term nutrition, medical, and housing as- of highly successful nutrition and childcare fore the Hawaii State Legislature that this in- sistance to stabilize families as they move into programs. Under the Mink welfare substitute, creased caseload was the direct result of the the work force. the entitlement status of important services depressed economy in Hawaii and its growing The Mink bill gives States flexibility: States like AFDC, nutrition programs, child care pro- unemployment rate. may design work and education programs to grams and child welfare programs would be As a result the Department requested an fit local needs, and States are not forced to retained, thereby ensuring that poor families emergency appropriation of $8 million for the interfere with family size or family planning. and children are protected. The Mink bill strengthens child support col- The challenge that our Nation faces is to State share of AFDC payments to be matched by $8 million from the Federal Government. lection methods so that primary responsibility provide aid to those in need while ensuring for children is where it belongs: With their par- adequate training and support to enable recipi- Without this appropriation Hawaii's poor families would have been cut off from AFDC ents. ents to move into gainful employment. The Finally, the Mink bill is not financed by deny- welfare reform package proposed by Rep- for 4 months. This emergency appropriation would be im- ing help to children and legal immigrants; rath- resentative MINK addresses this problem by er, it cuts corporate welfare by asking compa- effectively assisting recipients to overcome possible under the Republican's welfare re- nies who make in excess of $10 million in barriers to work. form proposal. profits per year to pay an additional 1.25 per- As we continue our debate on welfare re- Under their bill, AFDC payments would not cent in taxes. form, and stress personal responsibility, let us increase accordingly with changes in the Mr. Chairman, the Mink bill departs from the not forget our own responsibility as legislators, economy or unemployment rate. status quo by creating responsible, realistic as leaders, and as a voice for those who can- If the Republican proposal had been law, welfare reforms. not speak in the this Chamber. For these rea- Hawaii's AFDC recipientsÐmost of them chil- The CHAIRMAN. All time has ex- sons, I urge my colleagues to support the drenÐwould have been left to fend for them- pired. Mink substitute. selves, abandoned by the Government in their The question is on the amendment in Ms. BROWN of Florida. Mr. Chairman, I rise time of greatest need. the nature of a substitute offered by today in support of the Mink substitute which The Mink substitute would reform the wel- the gentlewoman from Hawaii [Mrs. will transform the AFDC Program into a pro- fare system without causing undue suffering MINK]. gram that will really move people off welfare for our poor families. The question was taken; and the and into real jobs. It provides the resources necessary to give Chairman announced that three-fifths The Mink substitute significantly increases welfare recipients the education, job training, the funding for education, job training, employ- job search assistance, and child care that they of those present not having voted in ment services, and child care for welfare re- need to find a job and get off welfare. the affirmative, the noes appeared to cipients. These components are essential to It includes a strong work requirement and have it. any program to help people move into the increases State flexibility. RECORDED VOTE work force. It allows children and families to continue to Mrs. MINK of Hawaii. Mr. Chairman, H.R. 4 is the wrong way to go. It eliminates receive vital assistance such as health care, I demand a recorded vote. the entitlement status of important programs child care, housing and food stamp benefits A recorded vote was ordered. and ends our long-term national commitment for a short term after the family leaves the The vote was taken by electronic de- to make sure that all Americans have a safety AFDC rolls. vice, and there were—ayes 96, noes 336, net. Block grants to the States is not the way We need to recognize that simply eliminat- not voting 2, as follows: to go. ing assistance for poor families does not elimi- [Roll No. 267] H.R. 4 is weak on work. The work require- nate their needs. AYES—96 ments in the Republican's bill are weaker than Most importantly, we cannot forget who is receiving the assistance. Abercrombie Conyers Filner current law. Even the Congressional Budget Ackerman Coyne Flake Office says the GOP plan will not put people In Hawaii, approximately 42,698 children re- Barcia de la Garza Foglietta to work. It will only hurt children, the elderly, ceived AFDC benefits in fiscal year 1994. Becerra Dellums Ford and the Nation's veterans. If we pass the Republican bill we will be Bishop Dicks Frank (MA) Bonior Dingell Frost Beware Republicans. American's will not be abandoning our children. Brown (FL) Dixon Gejdenson hoodwinked for long. We know that family poverty harms children Clay Engel Gephardt Mr. ABERCROMBIE. I rise in strong support significantly and places young children at risk. Clayton Evans Gibbons of the Mink substitute because it addresses Ultimately society will suffer for the aban- Clyburn Farr Gonzalez Coleman Fattah Green the causes of poverty rather than penalizing donment of families and States will have to Collins (IL) Fazio Gutierrez people for falling on hard times. shoulder the burden of homelessness, crime, Collins (MI) Fields (LA) Hall (OH) March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3777 Hastings (FL) Mink Schroeder Nussle Salmon Taylor (MS) be at nutritional risk. This leads to better Hilliard Nadler Scott Obey Sanford Taylor (NC) Hinchey Oberstar Serrano Orton Saxton Tejeda health and decreased medical costs. Jackson-Lee Olver Stark Oxley Scarborough Thomas Mr. Chairman, H.R. 4 will help us to con- Johnson, E. B. Ortiz Stokes Packard Schaefer Thornberry tinue to meet the needs of low-income chil- Johnston Owens Studds Pallone Schiff Thornton dren and pregnant and nursing mothers and Kennedy (RI) Pastor Thompson Parker Schumer Thurman Kennelly Payne (NJ) Torres Paxon Seastrand Tiahrt actually increase funding by $500 million over Lantos Pelosi Towns Payne (VA) Sensenbrenner Torkildsen 5 years. Lewis (GA) Rahall Tucker Peterson (FL) Shadegg Torricelli I am pleased to support the family-based Velazquez Peterson (MN) Shaw Lofgren Rangel Traficant nutrition block grant. I hope that opponents' Martinez Reynolds Vento Petri Shays Upton Matsui Richardson Waters Pickett Shuster Visclosky fears will be diminished when they see how McDermott Rivers Watt (NC) Pombo Sisisky Volkmer effectively the States can administer these im- McKinney Roybal-Allard Waxman Pomeroy Skaggs Vucanovich portant nutrition programs while at the same Williams Porter Skeen Waldholtz Meek Rush time retaining the quality demanded of them. Mfume Sabo Woolsey Portman Skelton Walker Miller (CA) Sanders Wynn Poshard Slaughter Walsh Mr. LUTHER. Mr. Chairman, everyone Yates Pryce Smith (MI) Wamp Mineta Sawyer agrees that the current welfare system in Quillen Smith (NJ) Ward Quinn Smith (TX) Watts (OK) America is broken and needs to be fixed. The NOES—336 Radanovich Smith (WA) Weldon (FL) American people are fed up with inefficient Allard Deutsch Johnson (CT) Ramstad Solomon Weldon (PA) spending and questionable programs that re- Andrews Diaz-Balart Johnson (SD) Reed Souder Weller sult in little or no bang for the taxpayer buck. Archer Dickey Johnson, Sam Regula Spence White Armey Doggett Jones Riggs Spratt Whitfield While I support strong efforts to reform our Bachus Dooley Kanjorski Roberts Stearns Wicker Nation's welfare system, I am concerned by Baesler Doolittle Kaptur Roemer Stenholm Wilson the direction in which some have chosen to Baker (CA) Dornan Kasich Rogers Stockman Wise Baker (LA) Doyle Kelly Rohrabacher Stump Wolf take this debate. Partisan policies and the Baldacci Dreier Kennedy (MA) Ros-Lehtinen Stupak Wyden quest for a quick fix have resulted in proposed Ballenger Duncan Kildee Rose Talent Young (AK) policies that simply fail to take a long-term Barr Dunn Kim Roth Tanner Young (FL) view and are counterproductive to our coun- Barrett (NE) Durbin King Roukema Tate Zeliff Barrett (WI) Edwards Kingston Royce Tauzin Zimmer try's future. Bartlett Ehlers Kleczka NOT VOTING—2 Welfare abuses exist today and they need Barton Ehrlich Klink to be dealt with strictly. But, many Americans Bass Emerson Klug Brown (CA) Furse Bateman English Knollenberg aren't proud to be on welfare and they don't Beilenson Ensign Kolbe b 1243 aspire to make it a way of life. In many cases, Bentsen Eshoo LaFalce Messrs. MCINTOSH, HEFNER, and they are on welfare because we have failed to Bereuter Everett LaHood create the proper incentives to move them Berman Ewing Largent MOAKLEY changed their vote from Bevill Fawell Latham ‘‘aye’’ to ‘‘no.’’ from welfare to work. The focus of welfare re- Bilbray Fields (TX) LaTourette Mr. GEJDENSON changed his vote form must be on getting these people off wel- Bilirakis Flanagan Laughlin fare and to work as quickly as possible. To do Bliley Foley Lazio from ‘‘no’’ to ‘‘aye.’’ Blute Forbes Leach So, three-fifths of those present not this, we need to give people the supportive Boehlert Fowler Levin having voted in the affirmative, the environment necessary to get a job. Welfare Boehner Fox Lewis (CA) amendment in the nature of a sub- can then serve as the temporary safety net it Bonilla Franks (CT) Lewis (KY) was meant to be. Bono Franks (NJ) Lightfoot stitute was rejected. Borski Frelinghuysen Lincoln The result of the vote was announced Representative NATHAN DEAL's substitute Boucher Frisa Linder as above recorded. welfare reform bill has the necessary ingredi- Brewster Funderburk Lipinski ents to get people off the welfare rolls and into Browder Gallegly Livingston Mr. QUINN. Mr. Chairman, I rise today in Brown (OH) Ganske LoBiondo support of the family-based nutrition block the work force. While setting a time limit in Brownback Gekas Longley grant contained in H.R. 4, the Personal Re- which one can receive assistance, it requires Bryant (TN) Geren Lowey sponsibility Act, which combines funding for people to actively search for a job or get the Bryant (TX) Gilchrest Lucas necessary training. The Deal plan rewards Bunn Gillmor Luther WIC, the Child Care Food Program, the Sum- Bunning Gilman Maloney mer Food Program, and the Homeless Chil- work by raising asset thresholds which, for Burr Goodlatte Manton dren Nutrition Program. years, have been a disincentive to getting a Burton Goodling Manzullo There have been concerns raised regarding job. The plan also consolidates and expands Buyer Gordon Markey Callahan Goss Martini the future of the WIC program under this pro- child care opportunities and maintains the in- Calvert Graham Mascara posal. I believe, however, it will work well. tegrity of the Head Start, school lunch, and Camp Greenwood McCarthy States are often in a better position than Meals on Wheels programs. Finally, the Deal Canady Gunderson McCollum substitute works to reduce the deficit. By Cardin Gutknecht McCrery Washington to determine what is best for their Castle Hall (TX) McDade area and how funds could be used most effi- streamlining existing programs, fighting fraud Chabot Hamilton McHale ciently. and abuse, and moving people into jobs, the Chambliss Hancock McHugh Funds under the block grant must be used Deal plan will cut long-term costs as it in- Chapman Hansen McInnis Chenoweth Harman McIntosh for those in greatest needÐthe low-income creases the number of Americans contributing Christensen Hastert McKeon families who require assistance, not the ad- productively in our society. Chrysler Hastings (WA) McNulty ministrators. A provision caps the percentage Let's rise above partisan politics today and Clement Hayes Meehan of funding that may be used for administrative restore the opportunity for millions of Ameri- Clinger Hayworth Menendez Coble Hefley Metcalf costs, once again less money for bureaucrats. cans to live a better life than they are living Coburn Hefner Meyers WIC is certainly not forgottenÐat least 80 per- today. Collins (GA) Heineman Mica cent of the funding under the grant is ear- Mrs. MEEK of Florida. Mr. Chairman, there Combest Herger Miller (FL) Condit Hilleary Minge marked for the WIC Program. is no question that our welfare system needs Cooley Hobson Moakley The quality of the WIC is also not left be- to be reformed. The American people want a Costello Hoekstra Molinari hind. The nutrition standards provision in the welfare system that is tough, but fair. They Cox Hoke Mollohan bill provides for the development of model nu- want welfare checks to be replaced with pay- Cramer Holden Montgomery Crane Horn Moorhead trition standards for the programs. This makes checks and they want vulnerable children pro- Crapo Hostettler Moran good nutritional sense and will ensure healthy tected while their parents work. Cremeans Houghton Morella supplemental foods. But the American people also want the job Cubin Hoyer Murtha Cunningham Hunter Myers Mr. Chairman, the value of the WIC Pro- done right, not a rush job like this one, which Danner Hutchinson Myrick gram cannot be disputed. It finds bipartisan is being rammed through the House to meet Davis Hyde Neal support because it is effective in improving the an arbitrary deadline set by the Contract With Deal Inglis Nethercutt nutrition and health of low-income pregnant, America. The terribly flawed bill before us is DeFazio Istook Neumann DeLauro Jacobs Ney postpartum, and breastfeeding women as well not reform; it is a sham. It is weak on work, DeLay Jefferson Norwood as infants and children who are determined to but very hard on poor children and pregnant H 3778 CONGRESSIONAL RECORD — HOUSE March 24, 1995 women. It punishes the poor instead of help- yearsÐmore than $1.2 billion from the State compelled to help all Americans, particularly ing them to move into the mainstream econ- of Florida alone. our neighbors struggling to survive in the poor- omy. The authors of this bill boast that it will save est neighborhoods. Our current social welfare The driving force behind the Republican $7.2 billion in nutrition funding over the next 5 policies have not demonstrated compassion to welfare reform bill is not concern for the least years. But at what cost? This bill puts the those trapped by poverty, rather, they have fortunate in our societyÐthe vast majority of health and development of little children at failed them miserably. Those who would con- whom are children. The real purpose of this risk, needlessly, in the name of cost savings. tinue these policies are doing the same. There bill is not to help poor people aggressively This kind of false economy is unconscionable. is no compassion in that. prepare for work and look for a job. Finally, the bill is terribly unfair to legal U.S. Mrs. MORELLA. Mr. Chairman, I rise to Rather, the purpose of this bill is to scrape immigrants. These are lawful U.S. residents speak on the subject of the Personal Respon- up dollars to fund tax breaks for the already who played by the rules and became legal sibility Act. well-off. Because of this bill, the people of residents by faithfully following our laws. There is considerable disagreement within Florida will have to pay $3.87 billion over the Mr. Chairman, U.S. immigration law is a this body, and certainly among the American next 5 years to fund tax relief for the wealthy matter of national policy. The Federal Govern- public at large, about the legislation that we at the expense of the poor. Instead of saving ment decides how many legal immigrants are have, before us today. Yet there is one point money, this bill simply shifts costs onto State allowed into our country each yearÐnot Dade upon which we can all agreeÐour present and local taxpayers. County, and not the State of Florida. Since welfare system has failed. It has failed our This bill also demonstrates to all what the these are Federal decisions, the Federal Gov- families in poverty, it has failed our children opportunity society contemplated by the Con- ernment must pay. But this bill says that local who depend upon it, and it has failed the tract With America really meansÐseizing the taxpayers must pay. American taxpayers who support it. opportunity to exploit the vulnerable and the Legal immigrants are not a drain on our The question than, Mr. Chairman, is not poor for the benefit of privileged special inter- economy; in fact, they earn an estimated $240 whether we should implement far-reaching re- ests. billion each year and pay over $90 billion in forms in our welfare system but how we It is good policy to promote work and re- taxes in the United States. Many of them should implement these reforms. After many, quire it of those capable of holding a job. But serve in our Armed Forces. By working, pay- many months of debate on this issue, after what is needed to help people get off and stay ing taxes, and creating jobs, legal immigrants countless meetings with constituents, social off welfare is not to be found in this bill: Edu- more than carry their weight. The fact that workers, ``welfare mothers,'' business people, they are not yet U.S. citizens in no way in- and others, I concluded that the best proposal cation; job training; day care so that parents creases the burden on the Government. for overhauling our Nation's welfare system can safely leave their children while they work; Mr. Chairman, this bill punishes children for was the one proposed by Congressman NA- health care; and counseling for people who the sin of being born to a family on welfare. THAN DEAL of Georgia. have never written a resume or called an em- It punishes children, until the mother is 18 I voted for the Deal proposal because it ployer for an interview. This bill assumes that years of age, for being born out of wedlock. It struck a wise balance between the need for work will somehow just happen. punishes children if a State drags its feet on comprehensive reform and our duty as a soci- The bill proposes a new, consolidated child- paternity establishment. It eliminates guaran- ety to maintain a basic safety net for our citi- care block grant program that will mean a cut teed foster care to any child who is abused or zens. This proposal, which was put forth by a nationally of $2.4 billion in funding over the neglected. group of respected, moderate Members, em- next 5 years. In Florida alone, more than This bill is neither compassionate nor fair. It braced the centerÐrather than either the left 20,000 children are awaiting child care serv- is not reform. It is the legislative equivalent of or the right wing extremeÐof the welfare de- ices so that their parents can work. This bill ig- clearcutting a forestÐcut, cut, cut, with little bate. nores the problem, at a loss to Florida of an regard to the consequences. The Deal bill contained work requirements estimated $388 million. Mr. LAZIO of New York. Mr. Chairman, I that were more stringent, yet more effective, This bill merges the National School Lunch rise today to support H.R. 4, the Personal Re- than those in the Personal Responsibility Act. Program with other school-based nutrition pro- sponsibility Act. The vast social welfare poli- It would have placed a 4-year limitÐrather grams, completely eliminates Federal nutrition cies of the past 30 years have been a miser- than the 5-year limit contained in the Personal standards, and caps the funding. The only able failure. They have failed to adequately Responsibility ActÐfor individuals to remain reason they are attacking these programs, serve our needy neighbors, and in the proc- on AFDC. The Deal bill would have required which work quite well, is to fund the Repub- ess, they have ripped apart our communities AFDC recipients to work for benefits or partici- lican tax breaks. and hurt us all. This bill is the first step on the pate in mandatory education and training pro- Mr. Chairman, on Monday of this week, I road to rejecting these policies, healing our grams aimed at transitioning them to private visited Frederick Douglass Elementary School communities, and helping our children. sector employment. The Personal Responsibil- in the Overtown neighborhood in Miami. This The reality in 1995 is that far too many of ity Act, on the other hand, contains no job neighborhood is so poor that 97 percent of the our Nation's communities contain deep pock- training or other mechanisms to ensure that children there are eligible for free school ets of poverty and dependence. In some individuals can getÐand keepÐa job. If we're lunches. urban areas, an alarming 8 in 10 children are not willing to train low-skilled individuals for I ate lunch there with a group of third grad- born out of wedlock, many into a world of pov- private sector employment, how do we expect ers, and I asked them what they thought about erty. The unfortunate fact is that these children them to stay off of welfare? lunch. One little girl was particularly loqua- are three times more likely than children from Second, the Deal proposal would have cious. ``Oh, the lunches are good,'' she said. families with married parents to go on welfare guaranteed child care for mothers with young ``If we didn't get our lunch, we would be hun- as adults. We have learned that a spending children who participate in the bill's mandatory gry.'' policy that is not value-driven is a recipe for work programs. The Personal Responsibility And, Mr. Chairman, I can report that there failure. It is imperative that this cycle be bro- Act, on the other hand, does not contain a were no picky eaters in that cafeteria; the food ken. guarantee of child care. How can we ensure was good, and these children ate everything. I have visited Job Corps sites in the South that mothers on welfare will enter and stay in For most, this was their best meal of the day. Bronx and met young women who had never the workforce if they have no safe place to The authors of this bill should come to my dis- learned how to open a checking account, write leave their children during the day? Clearly, trict and eat with these children. They are not a reÂsumeÂ, or go on a job interview. The sys- without some guarantee of child care, our ef- statistics or numbers on some ledger book. tem that fostered this must be changed to pro- forts to transition mothers from welfare to work They are the little ones who need our help the vide these young people with the incentive cannot succeed. mostÐand this bill pushed them aside in the and tools to enter the job market and become Third, the proposal put forth by Mr. DEAL name of fiscal responsibility. productive members of the community. It is preserves the highly successful nutritional pro- The bill also repeals the supplemental nutri- time to look to the future. These young people grams upon which many poor and working tion program for women, infants, and children are where our energies must lie. They provide class Americans have come to dependÐin [WIC]Ðwidely regarded as one of the most ef- us the opportunity to help break the dead-end particular, WIC and the school lunch program. fective Federal programs everÐand other cycle of poverty and dependence. They will be These programs enjoy broad bipartisan sup- child nutrition programs and replaces them the key to healing our communities. port, and there is widespread agreement that with a family nutrition block grant. It cuts food We must not be deterred by those who they are remarkably effective in their current stamp spending by $14.4 billion over 5 claim that we are not compassionate. We are form. These programs work. Millions of poor March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3779 and working class children are fed cheaply under our plan funding for school lunch and child or grandchild cowering in shame as he and nutritiously thorough these programs. We breakfast programs would actually increase by approaches the sharing table. do not need to toss them into the jumble of $1 billion over 5 years. By eliminating the Fed- That's not the America I want to see for our the welfare debate. eral middle man, and block granting funds, the children. In addition, Mr. Chairman, in its well-inten- savings we achieve now could be used for [From the Philadelphia Daily News, Mar. 23, tioned efforts to discourage illegitimacy and providing increased assistance to needy chil- 1995] teen-age births, the Personal Responsibility dren. Act contains some measures which are so pu- Mr. Chairman, in the name of short-term NO LUNCH? TRY THE ‘‘SHARING TABLE’’ nitive as to be completely illogical. For in- compassion we have inflicted long-term cru- There is a fanciful, down-the-rabbithole quality to Republican welfare ‘‘reform’’ leg- stance, the bill cuts the cash assistance grant elty. Let us pass this legislation so we can of children whose paternity is not legally es- islation being debated in the House of Rep- offer hope for our children's future, not de- resentatives. tablished, yet it makes no distinction between spair. In the wonderland inhabited by Newt Ging- children whose paternity is unestablished as a Mr. FOGLIETTA. Mr. Chairman, why do we rich and the Contract with America crowd, result of their mother's failure to cooperate have to divide America to cure welfare? the outrageous idea that ‘‘less is more’’ has with State officials, and children whose pater- We divide America when we pull families become an article of faith. nity is unestablished because, in spite of the apart. But not to worry. Instead of scrambling to mother's full cooperation, the father has suc- We divide America when we make teenage close the funding gaps likely to be created by cessfully evaded State officials or managed to welfare ‘‘reform,’’ social-service agencies and mothers give up their children, or encourage public schools can find a model for Life escape a DNA test. The Deal proposal on the them to have abortions. other hand, recognizes that parentsÐnot chil- Under the Contract close to home—in Upper We divide America when we use arbitrary Darby, Delaware County. drenÐare the ones who should be penalized deadlines that will move families who have de- Back in 1982, Upper Darby dropped out of for evading their families responsibilities. pended on welfare because they can't get the federal school lunch program, and with In addition to these points, Mr. Chairman, I jobs, into homelessness. it, federal nutrition standards. Local offi- believe that the Deal substitute is preferable to We divide America when we punish children cials made the move because the program the Personal Responsibility Act because it pre- was losing money, kids didn’t like the food by dismantling the school lunch program. serves, subject to time limits and other restric- and free lunches weren’t needed. We divide America when we use hot rhet- tions, a basic safety net to which indigent Replacing the free- and reduced-price oric like we heard in this debateÐwhen one Americans can turn in times of need. The Per- lunch meals is the ‘‘sharing table’’ sort of a compares people on welfare to wolves or alli- sonal Responsibility Act, on the other hand, give-what-you-can/take-what-you-need ap- gators, when one compares welfare to the proach to combating child hunger. On the goes too far in its effort to devolve the Federal $600 toilet seat of the Pentagon, when one sharing table sits a ‘‘sharing can’’ for spare Government of responsibility in the realm of change. public assistance. In its effort to seek greater says that he would not let some welfare moth- ers take care of a cat. It works like this: If Johnny eats only one flexibility for State governmentsÐa goal with of his two sandwiches, he leaves the extra on We didn't need this kind of talk, and we which I wholeheartedly agreeÐthe Personal the ‘‘sharing table,’’ where Sarah—who per- Responsibility Act weakens the modest safety don't need to create two Americas to reform haps came to school without breakfast—can net that we, as a society, believe should be in welfare. have if free, along with some coins to buy a place for our citizenry. Our Republican colleagues may insist that drink. Finally, the Deal bill contained important and they are not engaging in the politics of divi- It’s a simple neighbor-helping-neighbor sion, but that's just what happened during this kind of thing. historic reforms in our Nation's child support But what if Sarah is too embarrassed to enforcement lawsÐreforms that, as Repub- debate over welfare reform. Let me give you an example of how one as- come to the sharing table? And what if chil- lican cochair of the Congressional Caucus for dren who regularly show up without lunches Women's Issues, I have advocated for many pect of the majority bill will encourage a divi- or lunch money turn down offers of ‘‘sharing years. In particular, the Deal bill adopted child sive America. table’’ assistance out of pride and fear of support legislation that I had coauthored with The Philadelphia Inquirer told a story the being stigmatized? the caucus earlier this yearÐthe Child Support other day of a suburban township near my dis- Doing without the federal lunch program Responsibility Act of 1995. I also worked suc- trict. would be less problematic if Upper Darby cessfully to incorporate these reforms into the Many years ago, they decided to reject Fed- were a wealthy community—which it isn’t. Welfare rolls are growing—up 15 percent Personal Responsibility Act and am gratified eral school lunch dollars, and do away with re- duced price school lunches for low-income since last year, to 956 children. Yet only 300 that they were, in fact, included in the final bill. kids signed up recently for a free milk pro- I commend the Republican leadership for in- children. In its place, they use a so-called gram—perhaps a sign of reluctance to expose corporating these provisions into the act. On sharing tableÐa place where a hungry student their need. balance, however, the child support reforms in can pick up a left-over peanut butter and jelly Upper Dabry school officials explain it the Personal Responsibility Act were not sandwich that a better-off student left behind. with denial. The need just isn’t that great enough to overcome my other objections to Some people like the idea of the sharing they say. the bill. table, but I don't. To me, it sounds like ``Oliver Denial is likely to be a useful tool when Mr. Chairman, you can be assured that I will Twist.'' the full GOP welfare reform package hits I can't think of anything more humiliating for town. work with my colleagues in the Senate to en- Following the Upper Darby model, we sure that Congress enacts meaningful, far- a young child than having to rely on leftovers should start with the premise that those lazy reaching, and comprehensive welfare reform. from their classmates. This deepens the divide ol’poor people don’t need any assistance. And Mr. OXLEY. I rise today in strong support of in our society between the haves and the for those who do (destitute teen mothers, for the Contract With America's Personal Respon- have nots. instance), we could erect ‘‘sharing tables’’ sibility Act. Welfare has become a way of life What's worse, I'm afraid that it will teach everywhere—near steam grates, bus stops, for too many recipients. By making it easier to kids to begÐthat's not what American kids homeless shelters, soup kitchens and collect a hand out than to work, the system should be learning in school. I wanted to schools. has destroyed individual initiative and actually share with my colleagues an editorial from the For disable kids cut from SSI, there could be medical sharing tables, from which to bor- perpetuated poverty. Bureaucratic barriers Philadelphia Daily News, lest there be any row walkers, wheelchairs, prescriptions and frustrate motivated recipients who want to get confusion about my criticism of this program. other medical services. a job or acquire an education. We've seen an I supported the Mink substitute because it The possibilities are endless * ** alarming breakdown of the family occur under would have worked to accomplish the goal we And absurd. programs that simply are not working. all want to accomplishÐmoving people from Every credible analysis of poverty and ille- The Personal Responsibility Act will reform welfare to work. It didn't use gimmicks, or arbi- gitimacy acknowledges that making the our welfare system to provide a helping hand, trary deadlines. It also didn't feed into the cyn- chronically dependent self-sufficient will not a handout, to millions of Americans caught ical politics of hate, division and making chil- cost more in the near future rather than less—because of multiple expenditures for in this dead-end trap. I've heard a lot of talk dren victims. child care, education and training, and pub- lately that the Republican plan would be hard What I don't want to see are begging tables lic works jobs if the private sector cannot on children. This couldn't be further from the at schools across America. provide employment. truth. Our plan will actually increase funding I hoped before my colleagues voted for this ‘‘Sharing tables’’ and denial obscure that for many children's services. For example legislation, that they could think of their own reality—but can’t change it. H 3780 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Mr. GIBBONS. Mr. Chairman, during this fied for SSI benefits based on the income of The Child Support Enforcement Amend- debate, the Democratic record on welfare re- their sponsor. The Republican proposalÐin- ments of 1984.ÐThese comprehensive form has been regularly maligned. Repub- cluded in this billÐdenies virtually all benefits amendments created the Internal Revenue licans have frequently suggested that Demo- to legally admitted aliens. Service collection mechanism to withhold from crats are simply defenders of the status quoÐ In the 102d Congress, Democrats passed Federal tax refunds any past-due child support who have done little or nothing in the 40 years and the President signed into law owed to children of non-AFDC families, ex- that we controlled the House of Representa- The Child Support Recovery Act of 1992.Ð panded the child support enforcement pro- tives to improve the programs that serve our This bill imposed a Federal criminal penalty for gram to nonwelfare families, required States to most vulnerable citizens. Any responsible ex- willful failure to pay a past-due child support develop uniform guidelines for setting child amination of the record quickly shows this is obligation. support award amounts, extended research not the case. Democrats also passed the Revenue Act of and demonstration authority for States to test In the past decade alone, Democrats have 1992 which President Bush vetoed. That bill innovative approaches to child support en- enacted reforms to virtually every part of our would have established a tax deduction for the forcement, and authorized special project social safety netÐusually without much sup- costs of adopting children with special needs, grants to improve the collection of interstate port from Republicans. Those reforms have such as those with a physical or mental im- child support orders. been carefully crafted to improve the system pairment, encouraged welfare families to Mr. MFUME. Mr. Chairman, I rise today in without inflicting irresponsible and unneces- saveÐup to $10,000Ðfor education, to pur- opposition to H.R. 4, the Personal Respon- sary damage on the families who have turned chase a home, or to move to a safer neighbor- sibility Act as offered. This legislation, the Re- to us for support. hood, and allowed welfare families to saveÐ publican version of welfare reform, is a wolf in For example, in the 103d Congress, Demo- up to $10,000Ðto start a business. sheep's clothing. crats passed and the President signed into In the 101st Congress, Democrats passed This legislation has significant ramifications law: and the President signed into law: for Americans both poor and nonpoor. We The Family Preservation and Support Act.Ð OBRA 90.ÐThis law guaranteed child care pride ourselves on being one of the most car- This was the first significant reform of child for low-income families at risk of going onto ing, compassionate, and advanced countries welfare programs in 12 years. It provides flexi- welfare, improved the quality of child care in the world. Yet, for a variety of reasons, this ble funds to States to strengthen families and services, and required States to report known prevent child abuse and neglect. It will also instances of child abuse or neglect of children bill takes food from the mouths of babies, and help State courts assess and expedite judicial receiving AFDC, foster care, or adoption as- cuts mothers off welfare, for the purpose of child welfare proceedings, so that more foster sistance. funding an upcoming tax break for the children find permanent homes. OBRA 89.ÐThis law reformed the AFDC wealthy. Legislation making these reforms was ve- quality control program to improve protections Clearly, the Nation's welfare system is in toed once by President Bush in 1992 but against fraud and abuse in the AFDC system. need of repair. No community yearns more for signed into law in 1993. The reforms are just In the 100th Congress, Democrats passed welfare reform than the people of my district. now taking effect, yet the Republican majority and the President signed into law: But they have said overwhelmingly, do not wants to dismantle them in favor of untested The Family Support Act of 1988.ÐThis support reform for the sake of reform. block grants that leave abused and neglected comprehensive welfare reform measure Most want, and I support, reform that genu- children with no guarantee of foster care when strengthened work, education, and training re- inely allows America's poor to move from wel- they need it. quirements for welfare recipients and, for the fare to work. The House GOP bill will not do OBRA 93.ÐAmendments included in this first time, required mothers of young children that. I stand opposed to this bill both for what budget reconciliation bill encouraged mar- to actively participate in work and training. It it will and will not do. This bill does not meet riages for families on welfare by relaxing the also barred discrimination against needy two- our community's desperate need for jobs. Suc- rules for counting the income of a stepparent, parent families and guaranteed transitional cessful reform of welfare means jobs, jobs, made certain that children owed child support child care and health benefits for families leav- and more jobs; it means child care for both also get health insurance when the ing AFDC for work. Under the law, increasing poor women and men, and it means a com- noncustodial parent has such coverage, sig- numbers of welfare recipients must be en- mitment to ensure the rights of all children. nificantly expanded the earned income tax gaged in work-related activities. As a result, However, this bill fails to create a single job, credit to encourage work and offset Federal 595,000 families are now engaged in work ac- but requires welfare recipients to work after 24 taxes paid by low-income working families. tivities. months and be tossed off the rolls after 5 OBRA 93 also authorized empowerment The Family Support Act contained child re- years. This bill provides no additional funding zones and enterprise communities to test forms as well. It mandated State use of uni- to support the welfare-to-work transition, but comprehensive solutions to the problems of form guidelines for child support awards, re- requires States to have an increasing percent- distressed areas. quired States to initiate the establishment of age of their welfare population in the work The Social Security Administrative Reform paternity for all children under the age of 18, force. Act of 1994.ÐThis reform bill limited the SSI set paternity establishment standards for the Since cash assistance would no longer be eligibility of substance abusers to no more States and encouraged them to create simple an entitlement and States could determine than 3 years. It also created the Commission civil procedures for establishing paternity in who and how many get aid, States could in- on Childhood Disability to recommend ways to contested cases. crease their work participation rate simply by eliminate fraud in the SSI children's programÐ Finally, the act provided Federal financial denying aid to a large number of currently eli- report due in 1995. Legislation authorizing the assistance to States to improve the quality gible families. Commission was vetoed once by President and licensing of child care services. In addition, this bill cuts resources for child Bush in 1992. Instead of waiting for the Com- In the 99th Congress, Democrats passed care, health care, transportation, and other mission report, Republicans are attempting to and the President signed into law: necessary support services; factors keeping dismantle the SSI children's program in this The Tax Reform Act of 1986.ÐThis com- many on welfare today. Under this act more bill. prehensive reform of our Nation's tax system than 7,500 children would lose their Federal The Social Security Administrative Reform eliminated the tax obligations of millions of child care assistance in my State of Maryland Act of 1994 also included reforms to the child America's poorest families and provided adop- alone. Mr. Chairman, more than 1,700 children welfare and foster care programs. If reduced tive families with a one-time payment to offset in Maryland will lose all SSI benefits and Med- paperwork burdens for State child welfare pro- the costs associated with adopting children icaid benefits under this bill. I am mindful of grams by modifying the reviews required with special needs, such as those with a men- the difficult fiscal choices facing us at this time under section 427 of the Social Security Act. tal or physical disability. and must evaluate the competing claims on Legislation making these reforms was vetoed In the 98th Congress, Democrats passed our Nation's diminishing discretionary re- once by President Bush in 1992. and the President signed into law: sources, but I do not believe that children The Unemployment Compensation Act of The Social Security Disability Amendments should be the losers. 1993.ÐMiscellaneous amendments attached of 1980.ÐThis law established the require- Furthermore, the bill ignores the Nation's to this unemployment compensation bill re- ment that sponsored aliens, for the first 3 economic trends. In an economy in which formed the SSI program to require that spon- years after their entry in the United States, wages have declined for the working poor sored aliens, for the first 5 years after the must include the income of the sponsor to be since the mid-1970's and in which the number alien's entry into the United States, be quali- eligible for SSI. of working poor has grown phenomenally, this March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3781 bill is a dismal failure. We must consider wel- payments to unwed mothers under 18. States limiting administrative overhead, section after fare reform in the context of our Nation's over- could use these savings to establish programs section of this legislation makes greater re- all economic condition. to help young mothers with pregnancy preven- sources available for those trying to put them- This bill forces children, who may be the ob- tion and counseling, adoption services, small- selves back on their feet. As they do this, by ject of violence and sexual abuse in some group homes, and other helpful innovations. taking advantage of the federally-fundedÐbut cases, back to the homes where the abuse Additionally, the bill streamlines procedures to State and locally runÐjob training and child took place. Our children are our future. Unfor- collect child support and implements strict poli- care programs to get off the welfare rolls, an tunately, the Personal Responsibility Act is not cies to enforce child support orders, to ensure even smaller pool of welfare recipients will likely to be an investment at our children's fu- that both parents live up to their responsibil- have access to even more help. ture. America cannot afford to leave its chil- ities. By cutting layer upon layer of Washington dren dangling in the wind. Despite the misleading rhetoric of those op- bureaucracy out of the equation and allowing We were elected to represent the views of posed to this legislation, the Personal Respon- State and local governments to care for their our constituents on issues of national, eco- sibility Act offers far greater hope for children own people, we will create a more effective, nomic, and social significance. The opportunity than the current system. Aside from its tough less costly system that will truly put children for welfare reform is one of the most important enforcement of child supportÐwhich ensures and families first. issues facing America. In this critical time in that parents, not the taxpayers, care for their This legislation does not threaten needy our Nation's history, we should not allow poli- childrenÐthe legislation significantly increases Americans willing to take responsibility for tics to interfere with the responsibility to be fair the funds that will actually go toward serving their lives. It threatens Washington bureau- to our children. Today, we have an opportunity the needs of our Nation's children. crats and entrenched lobbyists that make their to demonstrate the gravity of our commitment Currently, programs that provide school living tending to the cruel, ineffective welfare to children, the poor, to deficit reduction, and lunches and breakfasts, low-cost milk for chil- trap that has developed over 30 years. We our commitment to redirecting our efforts to dren, and nutritional supplements for pregnant have an opportunity with this legislation to the critical needs of the American people. women and infants are all run from Washing- bring about real reform that makes those who I urge my colleagues to vote for our chil- ton with separate rules for eligibility, regula- have opposed progress for decades uncom- dren, vote for our future, and vote against the tions for operation, and sources of funding. fortable. They had 30 years to change a crum- bill as offered. While Congress will continue to fund these Mr. YOUNG of Florida. Mr. Chairman, I rise programs, their day-to-day operations will be bling and ineffective welfare system, and did in strong support of H.R. 4, the Personal Re- left to the States, who know how to meet the nothing. Now they are forced to defend the sponsibility Act. needs of their own residents far better than status quo where only one of every 250 peo- The American voters spoke last November bureaucrats in Washington, who attempt to ple on welfare work, where one-third of the and demanded a change in the way Govern- design one program that meets the needs of children born in our country are to unwed ment operates. For too long, past Congresses people in 50 very different States. As a result, mothers, and where the average welfare fam- saw Washington as the solution to every prob- the funds spent helping children, as opposed ily receives benefits on-and-off for 13 years. lem, and created Federal program after Fed- to feeding the bureaucracy, will actually in- This must change. eral program in an attempt to eliminate pov- crease under this bill. Mr. Chairman, the welfare reform provisions erty. Unfortunately, those programs, many For example by capping administrative costs of the Contract With America are designed to which were born during the Great Society in State agencies administering child care pro- give people a way out of poverty, not surround push of 30 years ago, failed. After spending grams at 5 percent, the Personal Responsibil- them with it for the rest of their lives. These more than $5 trillion on Federal welfare pro- ity Act will make 95 cents of every dollar avail- bold reforms are expected to put 1.5 million grams, the number of welfare recipients, ille- able for direct child services. This is in sharp welfare recipients to work and save the Amer- gitimate births, and fraudulent welfare claims contrast to the 68 cents per dollar that cur- ican taxpayer almost $80 billion over the next have skyrocketed. We have to change the rently goes directly for child care services. 5 years. The emphasis on self-reliance will welfare system that has failed so badly to Thirty-two cents of every dollar is being lost in make welfare a program of temporary assist- meet the needs of our society. layers of bureaucracy and centralized planning ance, not a way of life. Americans who believe With this legislation, Congress can begin to activities. in a day's pay for a day's work are the corner- break the cycle of poverty and hopelessness Eliminating administrative overhead will stones of our society. The programs Congress that has trapped generation after generation of make available $162 million more for direct passes should foster this attitude, instead of Americans. It is a welfare system that often child care services next year alone. In addi- encouraging millions of people to depend on penalizes those trying to break their reliance tion, with the adoption of an amendment the American taxpayers for their livelihood. on Government subsidies, money doled out by Wednesday, which I strongly supported, we The Personal Responsibility Act meets this a Federal bureaucracy that has become too provide another $150 million per year to care goal, fulfills our contract promise, and re- big, too inefficient, and too expensive. To free for children so their parents can work. This sponds to the wishes and demands of the the next generation of Americans from this means with the additional funding and admin- American people. trap, the Personal Responsibility Act, one of istrative savings, there will be $322 million Mr. HAYWORTH. Mr. Chairman, I voted for the most critical components of the Repub- more available for direct child care services the rule on H.R. 1214 and I support passage lican Contract With America, promises com- next year, an increase of 17.5 percent. of this legislation. I do, however, want to ex- prehensive reform of the American welfare There are also increases in other areas. press my concern with the Rules Committee system. Many of my constituents and many State and failure to make in order an amendment which The present system penalizes the working local officials from Florida from whom I have would have reaffirmed our Nation's obligation poor, and offers little incentive to leave the received input on this legislation, stress the to American Indian communities. welfare rolls once they begin receiving bene- success and importance of the Women, In- A bipartisan amendment, offered by Re- fits. We must reform these programs to dis- fants, and Children Program, or WIC. This leg- sources Chairman DON YOUNG, would have courage people from ever becoming depend- islation addresses those concerns by guaran- set aside 3 percent of appropriations for block ent on welfare in the first place, and do every- teeing that not less than 80 percent of the grants to native American communities. This thing we can to get them off as quickly as funds provided for family nutritional programs amendment was important because it would possible. This bill gives States broad flexibility will go to WIC, ensuring an increase of $588 have recognized the unique nature of the Fed- to design work training and education pro- million over the next 5 years. eral Government's relationship with native grams, and tells welfare recipients they will With regard to the School Lunch Program, American tribes. have to work in order to receive cash benefits. this legislation provides for a $1.2 billion, or My concern is that direct block grants to the The Personal Responsibility Act will teach 17.5-percent increase in funding over the next States may adversely affect tribes for two rea- people job skills, assist them in assuming 5 years. Moreover, States would be required sons: One, States do not have the same obli- more productive roles in society, and help to devote not less than 80 percent of these gations to tribes that the Federal Government them earn the dignity that comes from working funds to meet the needs of low-income chil- has; and two, some tribes, like the Navajo Na- for a living. dren. No more than 2 percent of the funds tion, cross State borders and would have to For too long, many welfare recipients have may be spent on administrative costs. petition more than one State for funding. The taken their benefits for granted, and forgotten By ending cash benefits to certain groups Young amendment would have addressed this that their actions have consequences. This bill such as noncitizens, unwed mothers under 18, concern, and I regret that it was not made in would deter teen pregnancies by ending cash and individuals with fraudulent claims, and by order. H 3782 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Mr. Chairman, I want to assure concerned agers who are parents themselves to live with the means to do soÐinstead of being sup- tribal leaders that, although the Rules Commit- an adult family member or in an appropriate ported by taxpayers. Finally, the Deal amend- tee did not make this amendment in order, our adult-supervised setting in order to receive ment helps address the crisis of teenage preg- bipartisan efforts to secure protections in H.R. benefits; and second, require teenage parents nancy and provides communities with the re- 1214 for native Americans will continue. to continue to receive education and training sources they need to prevent teenage preg- Mr. ORTON. Mr. Chairman, I rise in opposi- in order to receive assistance. In addition, my nancy. In short, the Deal substitute provides tion to the Archer-Kasich amendment. bill would provide grants to localities to design sensible responses to the American public's It is absurd to call this measure a technical teen pregnancy prevention programs. This ap- demand for reform, but does not in the proc- correction. In actuality, this amendment strikes proach balances responsibility with oppor- ess hurt vulnerable children or simply shift language in the bill which prohibits savings in tunity. It promotes responsibility so that teen- costs to other programs. the bill from being used to pay for tax cuts. age parents understand that they must as- The Deal substitute does reform legal immi- If we are ever to balance the budget, we sume responsibility for the consequences of grants' eligibility for benefits. It builds on good must make cuts in Federal spending which are their action. At the same time, it invests in pre- ideas that already exist in the law, but which difficult, require sacrifice, and reduce benefits venting teenage pregnancy so that fewer chil- have not worked as they should. First and to individuals. Savings from such spending dren are born to teens. foremost, legal immigrants would be required cuts should reduce the deficit, not be spent on The majority's bill denies most benefits to to have sponsors who agreeÐin a legally tax cuts. teenage parents and their children, but goes Mrs. LOWEY. Mr. Chairman, we all agree no further. It includes no provisions to encour- binding documentÐthat they will be financially that reform of the welfare system is long over- age responsible behavior among teenage par- responsible for the immigrant for the life of the due. The current system is costing billions of entsÐand no provisions to realistically dis- immigrant or until the immigrant becomes a dollars and is not solving the problem. It is not courage teenagers from becoming parents in citizen. This amendment recognizes the prob- putting people to work but instead has created the first place. Most troubling, the majority bill lems that exist in current lawÐthat sponsor- an unhealthy cycle of dependency. punishes innocent newborns for the actions of ship currently ends after 5 years regardless of WORK their parents. the citizenship status of the immigrant and that In reforming the welfare system, our focus CHILD SUPPORT ENFORCEMENT sponsorship is not a legally binding obliga- must be on moving people into real jobs. I will There's another issue of great importance in tionÐand effectively corrects them. vote against the Republican bill for many rea- this debate: Child support enforcement. The I urge my colleagues to support the Deal sonsÐbut primarily because it makes no guar- Republican bill was originally silent on the substitute. We must reform the welfare system antee that welfare recipients will move into need for parental responsibility for child sup- to move people from welfare to work. We can- work. In fact, a recently released Congres- portÐin spite of the fact that each year dead- not afford to fail. sional Budget Office report found that their bill beat parents fail to pay more than $5 billion Mr. PORTMAN. Mr. Chairman, we are in the is doomed to fail in achieving that end. Fur- they owe to support their own offspring. Many midst of a historic effort to change Govern- thermore, under that bill, there is less account- of their children are reliant on welfare as a re- ment as we know it. Not since the New Deal ability for the dollars spent than under the cur- sult. This is more than 40 percent of the entire has Congress had such an active legislative rent system. They do nothing to improve ac- Federal cost of AFDC. At the beginning of this agenda to address the most pressing prob- cess to and the quality of existing education Congress, I cosponsored H.R. 785, the Child lems of our day. But our philosophy of govern- and training, so that people have the skills Support Responsibility Act of 1995, along with ing is very different from the New Deal and they need to get a job. other members of the Congressional Caucus different from the President's approach: con- Last year, I introduced my own Work First for Women's Issues. The caucus leadership sistent with the Founders of this great country, welfare reform plan that was designed to get testified on behalf of our bill before the Ways our goal is to give government back to the people off of welfare and into jobs. My bill re- and Means Committee. I am pleased thatÐas people. moved the crazy disincentives to work that a result of persistence on our partÐthe bill In addressing the role of the Federal Gov- exist in the current welfare system. The major- has now been modified to include strong child ernment, Thomas Jefferson once said, ``I be- ity of Americans get up every morning and go support enforcement provisions. I do, of lieve that the states can best govern our home to work to support themselves and their fami- course, support these provisions and hope concerns.'' We share Jefferson's fundamental liesÐand they resent the fact that billions of that they will become law through some faith in the ability of people to organize in their tax dollars are spent supporting people who means very soon. neighborhoods, towns, cities, counties, and don't have to do the same. We must reform THE DEAL SUBSTITUTE States all across our Nation to identify and re- welfare to assure able-bodied Americans The Deal substitute provides a balance in solve our toughest problems. As a result, we work. That is a matter of simple fairness. this debate. It is tough on work, requiring par- have already begun to shrink the Federal Gov- EFFECTIVE PROGRAMSÐCHILD CARE AND NUTRITION ticipants to establish contracts detailing what ernment and return power to communities, to We cannot afford to fail in this effort. But they will actually do to secure private sector the people back home where it does the most moving to the extremeÐas the majority's pro- employment. The substitute provides a serious good. posal will doÐwill only create another system deadline: Participants can participate in a Our new ideas to reduce the size and scope that fails families and taxpayers. Their pro- workfare program for 2 years. After 2 years of government and give States and commu- posal will push families with young children are up, States have some flexibility to work nities the freedom to fashion solutions that into the street and create a whole class of with these populationsÐbut ultimately people women and children with no hope of becoming must work, or they lose their cash benefits. work are embodied in our proposal to fix our self-sufficient. The Republican proposal cuts The Deal substitute also provides States with failing welfare system. The current system is child care and nutritionÐprograms that are resources to improve existing workfare sys- broken, big Government programs are lifeless critically important to supporting working fami- tems, so that participants actually obtain the and impersonal and it has become clear that lies. Why does this bill block grant the WIC skills they need to get and hold a job. Without large bureaucracies based in Washington do ProgramÐwhen leaders of corporate America those skills, any employer will tell you, they little to uplift the poor. It is a bad system that have testified to its cost-effective benefits to just won't find work. is cruel to children, and cruel to families. the health of women and children? Why does The Deal amendment increases State re- Republicans recognize that Washington this bill do away with the School Lunch Pro- sources for child care, so families can work does not have all the answers and are willing gram as we know it, when this program helps while ensuring adequate care for their chil- to give States real flexibility and resources to children from working families get the nutrition dren. The Deal amendment preserves the nu- try what they find works. We know today's they need to succeed in school? Why does trition programs that are essential underpin- welfare system is full of perverse incentives this bill cut assistance for child care, when ning for the health of our Nation's children. I that destroy families, denigrate the work ethic Americans know that child care is crucial to support the Deal substitute because it reforms and trap people in a cruel cycle of government the ability of people who truly want to work to welfare programs without destroying programs dependency. We're committed to replacing stay in the work force? that have proven effective and important to that failed system of despair with reforms TEENAGE PREGNANCY millions of working Americans and their fami- based on the dignity of work and the strength There is another area of critical importance lies. The Deal amendment includes tough pro- of families, and yes, parental responsibility. By on which this bill fails the American peopleÐ visions to strengthen the current child support not accepting the status quo in Washington, the crisis of teenage pregnancy. Earlier this enforcement systems so that millions of young we are moving solutions closer to home where year, I introduced a bill to: First, require teen- people will be supported by parents who have we offer real hope for the future. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3783 Today, the House passed a new plan to fix ernment. If we want to protect our children, years after their arrival in this country is unfair welfare that returns power and flexibility to then we must reduce Government spending, and cruel. If the aim of the Personal Respon- States, cutting out a whole level of Federal bu- balance the budget, and foster an economy sibility Act is to teach welfare recipients about reaucracy and giving the States the ability to that will create opportunities and jobs. That is work, family and responsibility, then why does respond in innovative ways to real needs. By why I am supporting H.R. 4, the Personal Re- it scapegoat a group that is the embodiment of reducing the role of the large and costly bu- sponsibility Act. these values? reaucracy, and by slashing redtape, we will Mr. GANSKE. Mr. Chairman, there has Under the Republican proposal States free up more resources to try new local pro- been a lot of talk about the welfare problem would get the same amount of money block grams that will help change people's lives. plaguing our country. Everyone agrees that granted to them each yearÐregardless of The defenders of the status quo have had something must be done; everyone that is, but changes in the number of needy children or every opportunity to fix the failed welfare sys- my colleagues on the other side of the aisle newcomers. This would result in some States tem. But they chose not to do so. Now, they who seem content with the status quo. I fail to being hurt disproportionately. Fewer immi- continue to fight changeÐusing irresponsible understand how opponents can be satisfied grants and disabled children will be eligible for scare tactics to blur the debate and confuse with a welfare state that has seen a 25-per- supplemental security income [SSI], with legal the American people about our plan. It's sim- cent increase in out-of-wedlock births since immigrants being denied AFDC, food stamps ple. Our plan does three things: it makes peo- 1960. There are areas in my hometown of and Medicaid as well. ple work; it stresses personal and parental re- Des Moines, IA, where the illegitimacy rate is This bill would be a disaster for my home sponsibility and creates incentives for families as high as 60 percent. State of California, which alone stands to lose to remain intact; and it cuts the endless, un- This is totally unacceptable. We must pro- $15.177 billion over the next 5 years. The necessary Federal regulations and bureauc- vide incentives that help get individuals off of House Republican welfare proposal would racy typical of the current system. welfare. We can no longer reward young eliminate Federal funding for family preserva- Mr. ALLARD. Mr. Chairman, I rise to say it mothers for having more children out-of-wed- tion and support and several other programs is about time. Since President Johnson de- lock. We can no longer be satisfied with the that work to prevent child abuse and neglect. clared a war on poverty 30 years ago, we lifestyle of welfare dependency being passed It would restrict welfare for legal immigrants, have spent over $5 trillion and created 336 from generation to generation. resulting in a $7.777 billion loss in Federal programs to fight this war. So, who won? No I was encouraged to see the language funding for California's residents. California one. Not the welfare recipient or the taxpayer. added to the Personal Responsibility Act would also receive $2.486 billion less in fund- The amount we spend in a year on welfare is which provides an incentive to States to de- ing for food stamps and $1.099 billion less in roughly three times the amount needed to crease their rate of illegitimate births, a provi- nutrition assistance. raise the incomes of all poor Americans above sion I recommended during my testimony ear- Not only does this bill cut much needed as- the income thresholds. lier this year before the Ways and Means sistance, but it does shamefully little in the My constituents tell me that the current wel- Committee. This is clearly a step in the right way of moving welfare recipients into the work fare system does not work, they want reform. direction. force. Those individuals who can work should Those who oppose reform continue to say that Let's continue this step in the right direction work. But the GOP bill offers no help to peo- the number of people on welfare will grow and and pass the Personal Responsibility Act. ple who need training or other assistance to thus more money is needed. If that is the case Ms. LOFGREN. Mr. Chairman, I would like get and hold a job. then this system can only be called a massive to add my voice to the debate on welfare re- Unfortunately, the Republican bill is filled failure. Misguided policy incentives have re- form. with rigid guidelines and unrealistic mandates. sulted in a program that encourages economic A true welfare reform proposal should seek It compounds these drawbacks with a surpris- dependence rather than independence. Wel- to end dependency, promote employment and ing lack of practical solutions, such as the op- fare is supposed to help people become re- offer a helping hand to those who deserve it. portunity for recipients to improve their edu- sponsible and self sufficient. What the Republican majority has offered us cation or gain practical work experience. Sim- The Personal Responsibility Act will give the in H.R. 4, the Personal Responsibility Act, ply cutting off assistance will not prepare re- decisionmaking back to the States. State offi- however, is nothing more than another give- cipients to join the work force or provide them cials know what will work best. The ``one size away to big business and the wealthy. By with jobs. True reform would offer education, fits all'' approach of the Federal Government adopting Mr. ARCHER's amendment Repub- training and transitional assistance to those in- has not worked. The States have consistently licans assured that the savings from this legis- dividuals who want to exchange a welfare been the places where new ideas have been lation will go directly toward the funding of the check for a paycheck. allowed to grow and work. It is time to allow GOP tax cut bill. The so-called Personal Responsibility Act is the States to have the flexibility and resources The Republican welfare reform bill cuts vital nothing more than a tax gift for the rich and to get people back to work and off the de- programs that provide financial and nutritional a surrender of responsibility to the States. It pendence treadmill. assistance to low-income families. According attacks the very elements of our society we This bill has a tough work requirement, it is to the Congressional Budget Office, the GOP should most want to helpÐneedy children who tough on illegitimacy, and tough on deadbeat bill will likely cause nearly 3 million families to do not vote, have done nothing wrong, and parents. No longer will alcoholics and drug ad- lose $2.8 billion in benefits over the next 5 desperately need our assistance to survive. It dicts get cash payments to help them continue years. After that, the situation only get worse. erodes basic American values by denying sur- their addiction with taxpayer money. Cash payments are reduced 50 percent by the vival assistance to children and equal treat- Contrary to what the other side is saying, year 2003. Needy families will suffer these ment under the law to all. This is certainly not this bill will not cut off assistance to kids. Low- losses through the elimination or reduction of my idea of welfare reform and you can be as- income children will still receive school lunch programs like aid to families with dependent sured that I will oppose it at every turn. and WIC benefits, but no longer will the children [AFDC], food stamps, school lunches, As a member of the board of supervisors for money be micromanaged by the Federal Gov- disability payments, foster care and nutrition Santa Clara County for 14 years, I learned a ernment middle man. This means that more supplements for pregnant women and infant lot about welfare. The county administers the money will make it to women and children in children. welfare programs for the Federal and State need, instead of Federal bureaucrats. Children and legal immigrants are the real governments. I know very well the need to Reforming the welfare system should not victims of this bill. No needy child should be change welfareÐto make it more effective, cost more money or add more people to the denied lunch at school or food stamps at less bureaucratic and to promote work. The rolls. It should save money and be more effi- home because his or her parents applied after Republican bill does none of this. It is not re- cient than the current system. The Personal the set allocation had dwindled. Withdrawing form, but is instead just a budget cut and a Responsibility Act saves $66.3 billion over 5 assurance of help to children who are needy, cost shift to local government. years by slowing the growth of welfare spend- hungry, abused, or disabled is simply unac- Mr. PACKARD. Mr. Chairman, our current ingÐwithout eliminating the safety net for ceptable. Children should not suffer because welfare epidemic continues to erode the Amer- those who truly need it. We should not meas- their parents cannot provide. ican family and work ethic. For a growing seg- ure compassion for the poor by how much the Nor should legal immigrants who have ment of the population, America no longer rep- Government spends on welfare or the number played by the rules and paid taxes be denied resents the land of opportunity but rather the of people collecting checks. We should meas- in their time of need. Making legal immigrants land of the welfare check. Our current welfare ure compassion by how few people are ineligible for public assistance should they be- system discourages work and promotes Gov- trapped in welfare and dependent on the Gov- come sick, disabled or unemployed 10 or 20 ernment dependency. Republican reforms H 3784 CONGRESSIONAL RECORD — HOUSE March 24, 1995 work to get people off of the Government dole I deeply regret that we could not vote on Finally, the savings from this bill are not and back on their own feet. just the Ways and Means Committee's welfare going to deficit reduction or even to programs Currently, there are over 5 million families reform plan today. It is my hope that cooler that will help people leave welfare. Instead, on welfare. Only 20,000 of those people work. heads will prevail in the Senate and that the $69.4 billion is going to finance a number For 30 years we have been measuring com- Chamber will leave child nutrition intact while of tax cuts proposed in the Contract With passion by how many people are on welfare. returning to the House true welfare reform. If America. I can not support a bill that takes Isn't it time we began measuring compassion and when that occurs, I stand ready and will- from the poor in order to provide tax cuts to by how few people are on welfare? ing to support it. businesses and wealthy Americans, especially Our Personal Responsibility Act, H.R. 4 puts Mr. POSHARD. Mr. Chairman, I have long when Congress is working to balance the Fed- the millions of people now on the welfare rolls supported reforming our Nation's welfare sys- eral budget. onto payrolls. Republicans replace a failed tem, because I believe our current system dis- I support the Deal substitute for welfare re- welfare system of despair with a more com- courages welfare recipients from going to work form, because I feel this plan would success- passionate solution focusing on work and of- and encourages our children to have children fully move recipients from welfare to work. The fering hope for the future. Our bill encourages without the means to provide for them in their plan helps welfare recipients move into the people to earn the freedom, responsibility, and future. I supported President Clinton's efforts work force by increasing funding for education, dignity that comes with working. last year to reform welfare, and I strongly be- job training, and child care. In addition, it cre- The welfare message of the past 30 years lieve we must continue to work to create a ates a work first program that puts people is clear. Liberal Federal handouts promote welfare system that truly assists people. back to work, and requires States to increase Government reliance and dependency. We Though the Personal Responsibility Act at- participation by welfare recipients in this pro- must end this depressing trend. Working today tempts to reform our current welfare system, I gram over 8 years. prevents welfare despair and dependency to- am afraid it takes us in the wrong direction. The Deal substitute limits welfare benefits morrow. Our Republican Personal Respon- This bill takes away benefits from our Nation's going to a recipient after 2 years. Welfare re- sibility Act restores lost dignity and promotes poor without providing a sensible path for cipients would then be eligible, for an addi- a strong work ethic. them to find and maintain work. tional 2 years, for either a workfare job or a Mr. KLECZKA. Mr. Chairman, I was pre- This bill cuts funding that would provide job placement voucher. The Deal plan is rea- pared to vote for true welfare reform today. As child care services to welfare recipients. How sonable and workable, because it contains the only Democrat on the House Ways and can we expect those on welfare to go to work provisions to ensure that welfare recipients are better off economically by taking a job rather Means Committee to support that panel's re- when they are unable to pay for any type of than staying on welfare. form proposal earlier this month, I believe it child care? The bill mandates States to require It is vital that we pass welfare reform that represented real change of our welfare sys- welfare recipients to go to work after receiving puts people back to work, but it is equally im- tem. benefits for 2 years, but it fails to provide for portant to do it in a reasonable manner. The Though well-intentioned, that system is in- increased funding for needed welfare-to-work Republican bill clearly fails to provide an op- defensible and in dire need of massive programs. portunity to welfare recipients, because it cuts changes. It encourages a cycle of poverty, Instead, the bill repeals the Job Opportuni- or eliminates important programs that allow hopelessness, and despair. At the same time, ties and Basic Skills Program, which currently people to make the transition into the work- it discourages family cohesiveness, construc- provides 90 percent Federal matching funds place. Unless we can guarantee welfare re- tive behavior, and self-reliance. for education, training, and support services cipients a fair and sensible chance to go back The Ways and Means bill, while not perfect, for welfare recipients. The bill also includes no to work, Congress must continue to develop a would have started us down the path to dra- requirements for States to include education, reform package that helps and not hurts peo- matic, yet meaningful reform. I worked long training, and support services in their welfare ple in need. and hard on the plan's SSI reforms and am programs. Mr. RICHARDSON. Mr. Chairman, the legis- proud of the outcome in that area. Moreover, The bill also replaces our Nation's School lation before us today, the Personal Respon- turning welfare over to the States is a bold Lunch and School Breakfast Programs with a sibility Act, H.R. 4, will drastically alter the wel- step forward and it represents an improvement school-based nutrition block grant. By convert- fare system in our Nation. I support welfare re- over the status quo. ing these important nutrition programs tar- form, but there are serious flaws in this bill. Unfortunately, the bill that passed the House geted at our children into a block grant, we One of the primary problems of the bill is that today contains a fatal flaw that I could not, in would be capping these benefits and ulti- it does not even mention the 1.2 million Native good conscience, support. Namely, it reduces mately, we would be cutting access to this Americans or the 553 federally recognized funds for child nutrition in the name of welfare program to some 2 million children. American Indian tribes who reside in this reform. Because of this mean-spirited provi- In the 19th Congressional District, over 1.3 country. To remedy this situation, Members sion, I will vote against this measure. million meals are subsidized by this program from both sides of the aisle worked together to According to Congressional Budget Office each year, and I can not imagine having to develop an amendment to allow Indian tribes statisticsÐthe most reliable and non-partisan turn away one child who looks to this program access to the block grant provisions in the bill. figures availableÐthis legislation is projected for their only nutritious meal of the day. As Mr. Young of Alaska, the distinguished chair- to underfund child nutrition programs by rural Americans face high unemployment in man of the Resources Committee, and I spon- $11.77 billion over the next 5 years. At that their communities, these programs are often sored this amendment, but remarkably, the level, funds will not keep pace with demand: necessary to bridging the gap between the Rules Committee would not accept it for pres- CBO says child nutrition dollars will increase loss of work and future economic stability. entation on the floor. I am outraged that the by only 2.1 percent per year, while demand Like many of the block grants created in this Rules Committee has chosen to ignore the has historically grown at a much higher level. bill, States would get a fixed amount of money recommendations of the Resources Commit- For example, the Agriculture Department re- to fund school-based nutrition programs. If a tee, and more importantly, the vital needs of ports that between the 1990 and 1994 school recession occurred, States would receive no Native Americans. years, demand for school lunches increased additional Federal funding to assist the in- The amendment would restore existing by 23 percent. creased number of children who would be eli- block grants to tribal governments that have In my judgement, that lower level is uncon- gible for this program. During the last reces- been repealed by H.R. 4. The amendment is scionable. We have the compassion to meet sion, the number of low-income children re- consistent with many current Federal statutes, the basic nourishment needs of our children. ceiving meals under this program increased by including a 3 percent allocation to tribes under Surely feeding children is not too much to ask 1.2 million. the child care and development block grant of this great Nation. I believe the State of Illinois will be seriously and a 3.3 percent allocation to tribes under All along, I have been clear about my oppo- affected by this block grant legislation that the Job Training Partnership Act. It is also sition to these changes in the child nutrition would reduce Federal support for child welfare consistent with longstanding policy, endorsed program. In a letter to Speaker GINGRICH last by $5.6 billion over 5 years. This would mean by every administration since the early 1960's, week, I indicated that while I could support the a 5-year loss of $512 million in Federal child that we must maintain government-to-govern- Ways and Means bill because it represents welfare funds to Illinois between 1996 and ment relationships with tribes, and further Na- true welfare reform, the school lunch program 2000. In an attempt to put parents back to tive American self-determination. should not be included in the bill. My request work, we would end up only punishing the These principles take on heightened signifi- unfortunately was ignored by the Speaker. children caught in this difficult situation. cance as we restructure our welfare system. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3785 Establishing direct allocations to Native Ameri- spending, and reduce welfare depend- making a unanimous-consent request cans provides tribal governments with the ence, pursuant to House Resolution 119, that time for debate on the motion to same meaningful opportunity to develop new he reported the bill back to the House recommit be extended to 10 minutes a assistance programs that is being afforded with an amendment adopted by the side; is that correct? each of the 50 States. Indian tribes are not Committee of the Whole. Mr. GIBBONS. Yes, I make that subunits of State governments. Their relation- The SPEAKER pro tempore. Under unanimous-consent request. ship is on a government-to-government basis the rule, the previous question is or- The SPEAKER pro tempore. Is there with the Federal Government. dered. objection to the request of the gen- Tribes and tribal organizations are service Is a separate vote demanded on any tleman from Florida? providers and are in the best position to de- further amendment thereto? Mr. ARCHER. Mr. Speaker, reserving velop and administer services in their commu- If not, the Chair will put them en the right to object, the motion to re- nities. Tribal governments are no different than gros. commit is very simple. It is an issue State and local governments in understanding The amendments were agreed to. that has been debated for hours in this they have unique knowledge and qualifications The SPEAKER pro tempore. The House already. I see no reason why the critical to providing effective services to their question is on the engrossment and standard rules of operation of 10 min- communities. Political leaders and program third reading of the bill. utes on a motion to recommit with in- administrators throughout the United States The bill was ordered to be engrossed structions should not be followed as it recognize that community-based assistance and read a third time, and was read the routinely has been over all the years programs are typically cost effective and de- third time. that I have been in this House of Rep- liver better services, and tribal leaders share MOTION TO RECOMMIT OFFERED BY MR. GIBBONS resentatives. these views. Mr. GIBBONS. Mr. Speaker, I offer a Mr. Speaker, I object. Tribes have developed local infrastructures motion to recommit. The SPEAKER pro tempore. Objec- to manage funds and administer programs de- The SPEAKER pro tempore. Is the tion is heard. spite the fact that their access to Federal fund- gentleman opposed to the bill? ing has been inconsistent and below amounts PARLIAMENTARY INQUIRIES Mr. GIBBONS. I certainly am, Mr. Mr. ROEMER. Mr. Speaker, I have a given to States. Tribal programs include cash Speaker. assistance, child care, education, job training, parliamentary inquiry. The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- and law enforcement. Clerk will report the motion to recom- I am deeply concerned that State block tleman will state his parliamentary in- mit. quiry. grants and spending cuts will have acute ef- The Clerk read as follows: fects on Native Americans. Tribal communities Mr. ROEMER. Mr. Speaker, is it not Mr. GIBBONS of Florida moves to recommit experience some of the highest levels of pov- considered proper under the rules of the bill H.R. 4 to the Committee on Ways the House for the manager of the ma- erty of any group in the United States. Accord- and Means with instructions to report the ing to the 1990 census, 31 percent of Indian same back to the House forthwith with the jority’s time to ask for up to an hour of people live below the poverty line, the highest following amendment: debate on a motion to recommit? Is rate of any single group reported. Nearly 40 At the end, add the following new section: that not correct? percent of Native American children live in SEC. . DEFICIT REDUCTION The SPEAKER pro tempore. If the poverty. Certain State rates for Indian children Reductions in outlays from the enactment majority manager of the time requests living in poverty are astounding: 63 percent in of this Act shall be used to reduce the deficit it, yes. South Dakota, 58 percent in North Dakota, 57 and shall not be taken into account for pur- Mr. ROEMER. So, under the rules, percent in Nebraska, 50 percent in New Mex- poses of section 252 of the Balanced Budget Mr. Speaker, it would be OK to get an and Emergency Deficit Control Act of 1985. ico, 49 percent in Wyoming, and 47 percent in hour, and we are asking for 5 minutes. Utah. Tribal families face serious challenges to PARLIAMENTARY INQUIRY The SPEAKER pro tempore. The becoming self-sufficient: 27 percent are head- Mr. GIBBONS. I have a parliamen- unanimous-consent request was to ex- ed by women with no husband present, and tary inquiry, Mr. Speaker. tend time by 5 additional minutes on 50 percent of those families live in poverty. In- The SPEAKER pro tempore. The gen- each side. Objection was heard under creased funding and locally-based services tleman will state his parliamentary in- the rules of the House. are critical to improving these statistics. quiry. The Chair recognizes the gentleman As currently proposed, State block grants Mr. GIBBONS. Mr. Speaker, as I un- from Florida [Mr. GIBBONS] for 5 min- would result in disparate treatment for Native derstand the procedure we are under utes. Americans. Native Americans will be treated now, the proponents and the opponents Mr. GIBBONS. A further parliamen- differently from State to State, even where of the motion to recommit have a total tary inquiry, Mr. Speaker. their tribal boundaries spread across State of 5 minutes each. The SPEAKER pro tempore. The gen- lines, which is illogical and unfair. Also States Is that correct? tleman will state his parliamentary in- may overlook the unique cultural, geographic, The SPEAKER pro tempore. That is quiry. and economic needs of Native Americans. correct. Under the rules of the House Mr. GIBBONS. Did the Chair say I Mr. Chairman, the Rules Committee must the gentleman is recognized for 5 min- can ask for an hour? accept personal responsibility for destroying utes. The SPEAKER pro tempore. The gen- current block grants to Native Americans. By Mr. GIBBONS. A further parliamen- tleman from Florida is incorrect. denying Members the opportunity to vote on tary inquiry, Mr. Speaker. Under the rules the manager of the our bipartisan amendment, tribal governments The SPEAKER pro tempore. The gen- bill, the gentleman from Texas [Mr. have been shut out of welfare reform. Native tleman will state his parliamentary in- ARCHER], could ask for up to an hour. Americans had the first contract with America; quiry. Mr. GIBBONS. Oh, he could? once again, we have failed to honor that con- Mr. GIBBONS. Would it be in order if The SPEAKER pro tempore. The gen- tract. I were to request by unanimous con- tleman is correct. The CHAIRMAN. Under the rule, the sent that the gentleman from Texas The chair recognizes the gentleman Committee rises. [Mr. ARCHER] have 5 additional min- from Florida [Mr. GIBBONS] for 5 min- utes and that the gentleman from Flor- utes. b 1245 ida, myself, have 5 additional minutes? Mr. GIBBONS. I yield myself 1 Accordingly the Committee rose, and The SPEAKER pro tempore. The gen- minute. the Speaker pro tempore (Mr. KOLBE) tleman’s request is in order by a unani- Mr. Speaker, the motion to recommit having assumed the chair, Mr. LINDER, mous-consent request. is very straightforward and very easily Chairman of the Committee of the REQUEST FOR ADDITIONAL DEBATE TIME ON understood. It has passed this House on Whole House on the State of the Union, MOTION TO RECOMMIT record vote on this issue by substantial reported that that Committee, having Mr. GIBBONS. Mr. Speaker, I make a bipartisan support. I hope it will be had under consideration the bill (H.R. unanimous-consent request. adopted on a bipartisan basis. 4) to restore the American family, re- The SPEAKER pro tempore. The gen- Mr. Speaker, it says simply that the duce illegitimacy, control welfare tleman from Florida [Mr. GIBBONS] is 70 billion dollars’ worth of savings here H 3786 CONGRESSIONAL RECORD — HOUSE March 24, 1995 that comes out of the mouths of hun- $1 million on interest on the national It makes no provisions for providing real gry children can only be spent for defi- debt. That is not going toward prin- jobs, real training and child care that would cit reduction. cipal, that is just the interest. free the minds of welfare parents from their Now charges have been made that Now in a moment the people in this worries about their children's safety and care this $70 billion will be spent for an un- Chamber will have an opportunity to while they struggle to turn their lives around; timely tax reduction for some people make a vote toward reducing the defi- It fails to protect the very health of our chil- whose names I will not mention, but cit and, hopefully, reducing the debt, dren by cutting into longstanding, bipartisan this is very simple, very straight- or my colleagues can vote no and give school and family nutrition programs that, for forward. It takes this money, puts it in millionaires another tax break. decades, helped form the foundation of our a lockbox and says, ‘‘This $70 billion I say to my colleagues: Nation's very humanity; and can only be used for deficit reduction.’’ If you care about the people of this coun- Most egregious of all, Mr. Speaker, is the It seems fair that, if we are going to try, vote to reduce the deficit. If you are fact that the purported budget savings of H.R. take this money from these children, what you told the people back home last fall, we at least ought to not leave them be a real conservative and vote to reduce the 4 have been earmarked by my colleagues in with debt. deficit. the majority for tax breaks for many of our most well-to-do citizens. Mr. Speaker, I yield 1 minute to the PARLIAMENTARY INQUIRY This $66-billion redistribution of wealthÐ gentleman from Tennessee [Mr. FORD]. Mr. GIBBONS. Mr. Speaker, may I from the very poor to the rather comfortableÐ Mr. FORD. Mr. Speaker, let us do the make another parliamentary inquiry? math. The SPEAKER pro tempore. The gen- disregards entirely the will of the American Mr. Speaker, let us see if we can fig- tleman shall state his parliamentary people who have made it clear that, what they ure out how the Republicans will pay inquiry. want most, is deficit reduction. for those tax cuts they have promised Mr. GIBBONS. I would like to yield Mr. Speaker, my Democratic colleagues, Mr. their rich friends. Look at this chart to a few Members for unanimous-con- DEAL and Mrs. MINK, offered welfare bills com- and see how it would work. sent requests, but I do not want it to prising real reform, and I voted to support The tax cuts cost about $200 billion come out of my time. Am I correct those bills. over the next 5 years with nearly a half that unanimous-consent requests do Mr. Speaker, I also voted to recommit the of that going to people earning more not come out of the remaining 3 min- short-sighted and punitive H.R. 4 to the Ways than $100,000 a year. utes that I have? and Means Committee for revisions. Who pays for this gift from Uncle The SPEAKER pro tempore. The gen- I will continue to raise my voice in support Sam to the privileged few in this coun- tleman from Florida [Mr. GIBBONS] has of effective, constructive welfare reform that try? Let us take a look at it. 2 minutes remaining, and the time for includes heavy doses of both compassion and Twenty-four billion dollars is do- unanimous-consent requests does not individual responsibility. nated by poor families with children. come out of his remaining 2 minutes Mr. GIBBONS. Mr. Speaker, I yield 30 Food stamp recipients contribute $19 providing the Members do not make seconds to the gentlewoman from billion. Kids who lose school lunches, speeches when they ask for unanimous Michigan [Ms. RIVERS]. child care, WIC, ante up another $12 consent to revise and extend. Ms. RIVERS. Mr. Speaker, I rise in billion. Abused and neglected children Mr. GIBBONS. I understand that, Mr. support of this motion to recommit. It pay $2 billion. Legal immigrants con- Speaker, yes, that is fair. tribute about $21 billion. The only is a clear choice between bringing down Mr. Speaker, I yield such time as she thing we can be certain of now is that the deficit and spending money on tax may consume to the gentlewoman from the $70 billion is going to be taken cuts. Texas [Ms. JACKSON-LEE]. from the children and the poor of this Make no mistake about it. This is an (Ms. JACKSON-LEE asked and was country to go to the rich. opportunity to do something good for given permission to revise and extend I say to my Republican colleagues, children. A ‘‘no’’ vote is an insult to in- her remarks.) Pick on someone your own size. jury. We will hurt children today by Ms. JACKSON-LEE. Mr. Speaker, I PARLIAMENTARY INQUIRY taking food out of their mouth and the rise to support the motion to recommit programs they need, and we will hurt Mr. GIBBONS. Mr. Speaker, may I and in opposition to H.R. 4. make another parliamentary inquiry? children tomorrow by leaving them a Mr. Speaker, I rise in strong opposition to The SPEAKER, pro tempore. The staggering national debt. H.R. 4, it is bad public policy and it is bad poli- gentleman may state his parliamen- There is no possible justification for tics. tary inquiry. a ‘‘yes’’ vote. The American people sent both Republicans Mr. GIBBONS. Mr. Speaker, I was Mr. GIBBONS. Mr. Speaker, I yield and Democrats here to reform our welfare wondering if the gentleman from Texas such time as he may consume to the system. [Mr. ARCHER] would like to yield to gentleman from California [Mr. DIXON]. As a member of our Democratic task force some Republican at this point. (Mr. DIXON asked and was given per- on welfare reform, I join my colleagues in ac- The SPEAKER pro tempore. The gen- mission to revise and extend his re- knowledging that the current welfare system is tleman from Florida must use his time marks.) broken and must be fixed. now, and the gentleman from Texas Mr. DIXON. Mr. Speaker, I rise today in We want to reform the system so it can truly [Mr. ARCHER] has his 5 minutes after fulfill its original purposes and promisesÐto lift strong opposition to H.R. 4, the Personal Re- the gentleman from Florida [Mr. GIB- people out of poverty, move them into real sponsibility Act. The Republicans claim that BONS] has completed. their bill will break the cycle of poverty for wel- Mr. GIBBONS. Mr. Speaker, I yield 1 jobs, and empower them to become independ- ent, self-supporting and productive citizens. fare families. Nothing can be further from the minute to the gentleman from Mis- truth. The measure does not provide the edu- sissippi [Mr. TAYLOR]. To achieve these goals, welfare reform must include a renewed sense of individual respon- cation and training people need to move from Mr. TAYLOR of Mississippi. Mr. welfare to work, would allow States to produce Speaker, every 2 minutes this Nation sibility through a commitment to work. Real jobs, real job training and transitional illusory work program participation rates, and spends $1 million on interest on the na- punishes children. I thought the goal of re- tional debt, every 2 minutes. I say to child care must be a part of any bill that we forming the welfare system was to provide my colleagues: realistically expect to change things for the better. people with real opportunities to become self- In a moment you’re going to have an op- sufficient, not to set up faulty work require- portunity to say enough is enough, that Mr. Speaker, H.R. 4 ignores all of these we’re going to save some money, but we’re critically important aspects of true reform. ments and to place children at risk. going to take that money and apply to to- I cast my vote against the bill because: It Contrary to the Republican rhetoric, there wards the deficit and apply it towards the slashes benefitsÐmost of which go to chil- are no real work requirements in this legisla- debt rather than giving millionaires a tax dren; tion. It only requires States to run welfare-to- break. It fails to articulate guidelines and principles work programs and increase participation Mr. Speaker, again I would like to for the States as it washes the Federal Gov- rates to 50 percent by 2003. H.R. 4 repeals make the point that every 2 minutes ernment's hands of a responsibility that has the Job Opportunities and Basic Skills [JOBS] the citizens of this country are paying had bipartisan support for decades; Program under the Family Support Act, which March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3787 provided education and training to enable peo- go for tax breaks, tax cuts for people Further, block grant funding will not make all ple to find employment. According to the De- making up to $190,000 a year. the States share equally in the reduced cost of partment of Health and Human Services, as of Vote for the motion to recommit. Federal aid. The formulas disproportionately fiscal year 1993, 17 percent of the AFDC Vote for children. hurt States that have a growing population, caseload is working or participating in JOBS. Mr. GIBBONS. Mr. Speaker, I yield especially the States with high percentages of Under H.R. 4, only 4 percent of a State's such time as he may consume to the young people in poor and near-poor families caseload has to be participating in any kind of gentleman from Texas [Mr. COLEMAN]. and that have historically been conservative in work activity in fiscal year 1996. (Mr. COLEMAN asked and was given paying for their federally aided social services Moreover, in calculating the number of peo- permission to revise and extend his re- programs. That description fits Texas to a ``T''. ple who must be engaged in work activities, marks.) Texas will lose in welfare-related programs, States may count people kicked off the rolls Mr. COLEMAN. Mr. Speaker, I rise in from Medicaid to AFDC to nutrition to nursing as being employed or working toward employ- favor of the motion to recommit. homes, while richer, no-growth, higher benefit ment. This does not appear to be a good in- Mr. Speaker, I rise to state my vociferous States gain because the block grants are centive for the States to provide work opportu- opposition to the Republican welfare bill that is based on what States are doing for whom being considered today. nities. Indeed, we may be creating a system right now. Texas is growing. It is like buying a Mr. Speaker, the Republican welfare reform that encourages States to disqualify as many full wardrobe for an adolescent boy. Pretty proposal does not succeed in delivering to the welfare recipients as possible in order to meet soon he will need new clothes. American public what they want: a welfare participation requirements. Even more, the community that I represent, By ending the entitlement status of nutrition system that encourages parents to work to support their families and protects vulnerable El Paso, TX, has historically never done well programs, such as the School Breakfast and in block grant funding distributed by our State Lunch Programs, the Child and Adult Care children. capital. My district, located almost 600 miles Food Program, and the Special Supplemental The American people want a welfare plan from Austin, has recently been the focus of a Food Program for Women, Infants, and Chil- that replaces a welfare check with a paycheck. court of inquiry exploring the reasons why it dren [WIC], this legislation removes the safety The Republican bill, however, takes the State has never received funding at the levels of net for the most vulnerable in our society. flexibility aspect to the extreme by block grant- other similarly sized Texas cities. When the Over 5 years, the block grants and meager ing programs to the States with few strings at- funding levels provided in H.R. 4 will have the tached. For example, the Republican bill sub- Federal Government abdicates its responsibil- effect of taking $6.6 billion from children's nu- jects only 4 percent of the caseload to a work ities to the States, El Paso will again be the trition programs when the number of poor in- requirement in 1996. It effectively lets the overlooked sibling. creases due to rescissions. According to the States do nothing for 2 years, then it cuts peo- The Republicans finance their plan by cut- Children's Defense Fund, cuts to the child ple off without a safety net. Mr. Speaker, this ting welfare to legal immigrants. Mr. Speaker, care food program alone would result in 1 mil- is not a work-based welfare system. this is the wrong way to go. We are talking lion children losing meals in the fifth year of There is also no requirement for education, about taxpaying residents of this country. the act's implementation. training, and support services. If we truly want Legal immigrants are less likely than native- The bill even eliminates national nutrition welfare families to support themselves, edu- born citizens to use welfare. A legal immigrant standards that guarantee America's children cation, training, and job placement services who has worked hard, paid his taxes, and has access to healthy meals at school, standards must be a part of each State program. an unforeseen disaster is ineligible for benefits developed over 50 years of the programs' op- Let me also cite a few facts of the Ways under SSI, temporary family assistance block erations. and Means passed version of this bill affecting grant [AFDC], the child protection block grant, Through their faulty work requirements and children: and the title XX block grant regardless of the The Republican bill punishes a childÐuntil the elimination of nutritious meals for children, circumstances. In addition, the Republican bill the mother is 18 years oldÐfor being born the Republican welfare plan offers nothing but encourages States and localities to deny as- out-of-wedlock to a young parentÐtitle I. continuing unemployment, hunger, and home- sistance to legal immigrants. The Republican bill punishes a childÐfor his lessness. I strongly urge my colleagues to op- But there is a provision hidden away in this or her entire childhoodÐfor the sin of being pose these misguided efforts to reform our bill that gives benefits to a special category of born to a family on welfare, even though the welfare system. agricultural workers known as foreign agricul- child did not ask to be bornÐtitle I. Mr. GIBBONS. Mr. Speaker, I yield tural guestworkers [H±2A's]. Mr. Speaker, The Republican bill punishes a child, by de- such time as he may consume to the these H±2A's are made eligible for public ben- nying cash aid, when a State does not estab- gentleman from New York [Mr. FLAKE]. efits, while our hardworking and poor Amer- lish paternity in a reasonable time. Mr. FLAKE. Mr. Speaker, I rise in ican farmworkers who are displaced from The Republican bill leaves children out in support of the motion to recommit. these very jobs are made ineligible for those the cold when a State runs out of Federal Mr. GIBBONS. Mr. Speaker, I yield same benefits. This provision is surely an agri- moneyÐtitle I. such time as he may consume to the business handout from the committee of juris- The Republican bill throws some medically- gentleman from North Carolina [Mr. diction. disabled children off SSI because of bureau- EFNER Our Nation's welfare system needs an over- H ]. cratic technicalities. (Mr. HEFNER asked and was given The Republican bill eliminates our most pre- haul. It locks many families in generational permission to revise and extend his re- cious national entitlement, that foster care will poverty. It creates disincentives for fathers to marks.) be guaranteed to any child who is abused or live at home with their families. It fails to offer Mr. HEFNER. Mr. Speaker, I rise in neglectedÐtitle II. a clear road back to the work force for those support of the recommittal motion. And finally, the Republican bill cuts aid to who have stumbled along the way. However, Mr. GIBBONS. Mr. Speaker, I yield 30 poor children to pay for tax cuts for the rich, the Republican proposal is clearly not a better seconds to the gentleman from Indiana as stated by the Budget Committee chairman alternative. It would force single parents to [Mr. ROEMER]. the other day. choose between the dignity of work and safety For my State of Texas, the effects of the of their children. b 1300 Personal Responsibility Act could be devastat- Despite the stereotypes, welfare is not a Mr. ROEMER. Mr. Speaker, it is ing. By replacing the Aid to Families with De- way of life for most AFDC recipients. Most lunchtime in Indiana, and the Repub- pendent Children [AFDC], Emergency Assist- leave welfare within 2 years, and many do not lican meat ax has fallen, not just on ance [EA], child care, child welfare, and nutri- return. Much of what lies at the core of this chicken and sausage, but on carrots, tion assistance with block grants to the States, debate is divisive and hypocritical. Other na- peas, milk, and orange juice. Now, we this bill will ensure that Texas and its residents tional problems burden the Federal Treasury can have on this amendment, if you are will receive less funding for welfare related more than welfare. Other categories of ``hand- going to take those nickels and dimes programs. outs'' extend billions of Federal benefits to cor- and quarters from children, you have A recent Department of Health and Human porate recipients. Where is the Republican the opportunity to at least put it to Services study showed that Texas could lose outrage over that kind of dependency? deficit reduction if you vote for the $5.208 billion over 5 years. The number of Mr. Speaker, in their eagerness to deliver motion to recommit. Or if you do not, Texas children losing AFDC benefits because on their campaign promise, the Republicans that nickel and dime and quarter will of block granting is estimated at 297,000. are rushing to act on the welfare question H 3788 CONGRESSIONAL RECORD — HOUSE March 24, 1995 without taking the time to examine their re- stitute showed their true colors. They card and we are going to be able to forms. This bill is so bad that the Rules Com- proposed to increase welfare spending vote on balancing the budget. mittee approved more than 30 amendments in by $70 billion more than our proposal, Now, let me tell you, I saw one of my a vain attempt to fix this bill. Let me tell my and they raised taxes on middle-in- American heroes this morning. I see colleagues on the other side that if they adopt come working Americans to pay for him every morning. You know who he some of these amendments, the bill will not be their extra spending. is? He is out in Crystal City. He sells fixed; it will be worse than before. The Senate Mr. Speaker, that is going precisely newspapers. He runs from one car to will be forced to start from scratch to develop in the wrong direction. Government is another car to another car. He is out their welfare proposal, because this bill is too too big and it spends too much. Repub- there when it is raining, he is out there extreme. licans intend to cut the size of Govern- when it is snowing, he is out there Mr. Speaker, this is the wrong bill to ad- ment and, in doing so, to give the tax- when it is hot, he is out there when it dress the welfare dilemma. I oppose it, and payers a well-deserved tax refund. The is cold. He is wet. He does his job. And urge my colleagues to do the same. taxpayers should not have to pay again you know what? If we are going to take Mr. GIBBONS. Mr. Speaker, I yield and again so that bureaucrats in Wash- any money out of his pocket, it better such time as he may consume to the ington can add more failure to the be for real good things. Government gentleman from Kentucky [Mr. WARD]. failed welfare state. That is why I am does not have a right to take more (Mr. WARD asked and was given per- proud that our bill cuts spending by $66 than what it needs out of that gentle- mission to revise and extend his re- billion, and we do not raise taxes. man’s pocket. And do you know what marks.) Make no mistake about it, the Amer- we are going to do? Mr. WARD. I rise in support of the ican people are overtaxed. And when The SPEAKER pro tempore. The motion to recommit for children. you look at the broken welfare system House will be in order. Mr. GIBBONS. Mr. Speaker, I yield 1 that we stand on the verge of fixing, Mr. ARCHER. Mr. Speaker, I have a minute to the gentleman from Texas you can see why. As we fix welfare, of parliamentary inquiry. [Mr. STENHOLM], the granddaddy of the course, we intend to stop making tax- The SPEAKER pro tempore. Does the economy drive around here, and the payers pay for failure. We intend to let gentleman from Ohio [Mr. KASICH] granddaddy of the balanced budget the working people of this country yield for a parliamentary inquiry? amendment. Mr. KASICH. Mr. Speaker, does it go keep more of the money that they (Mr. STENHOLM asked and was off my time? make. given permission to revise and extend The SPEAKER pro tempore. Yes, it When it comes to welfare reform, I his remarks.) does. believe Congress should say to the tax- Mr. STENHOLM. Mr. Speaker, this Mr. KASICH. Mr. Speaker, I will not payers and welfare beneficiaries, satis- motion to recommit could not be more yield if it goes off my time. faction guaranteed or your money clear. It is the exact same motion that The SPEAKER pro tempore. The gen- back. The failed welfare state has not I wished to give as part of the regular tleman from Ohio [Mr. KASICH] has 15 guaranteed satisfaction to anyone, not bill, but was denied under the rule. It seconds remaining. The gentleman may to welfare beneficiaries, and certainly says simply reductions in outlays re- proceed. not to taxpayers. It is time that tax- sulting from this act shall be used to Mr. KASICH. Mr. Speaker, my dad reduce the deficit. payers got their money back. After all, carried mail on his back. You know Proponents of H.R. 4 have claimed it is their money to begin with. It is why he wants us to have a prosperous impressive savings from their welfare not ours. We have no business taking it country through capital gains? So his reform, trusting that the public will from them in the first place if we are kid could become educated and become hear the word ‘‘savings’’ and interpret only going to spend it on a failed pro- a Congressman. that to mean deficit reduction. I want gram. We are fixing welfare, Mr. Let me tell you one other thing. You to make it perfectly clear, on this vote Speaker, and the taxpayers deserve a know who hates the rich? You know there is not 1 cent of the Republican piece of the fix. who hates the rich? Guilty rich people welfare reform guaranteed to go for Mr. Speaker, I yield 2 minutes to the hate the rich. That is who hate the deficit reduction, unless we approve gentleman from Ohio [Mr. KASICH], the rich. this motion to recommit. Do not be chairman of the Committee on the Mr. ARCHER. Mr. Speaker, I yield 1 fooled into believing anything to the Budget. minute to the gentleman from Texas contrary. Mr. KASICH. Mr. Speaker, I want ev- [Mr. ARMEY], the majority leader. I am appalled that organizations erybody on both sides of the aisle to Mr. ARMEY. Mr. Speaker, I thank which have claimed to be for deficit re- know that in May, we are all going to the gentleman for yielding. duction have now chosen to key vote in have this great opportunity to vote on Mr. Speaker, we have come to the opposition to recommittal. It is one the largest deficit reduction package end of a long and arduous task. Over 3 thing to say you support the reforms in achieved by spending cuts in the his- years our minority leader, Mr. Michel, this bill, which many do, and that is an tory of this Congress. This May we are created the first task force on welfare honest position to hold. It is entirely going to vote on it, and we are going to reform because he knew we must do different to say that you do not want watch how we all vote. something about this system, not be- to guarantee deficit reduction. Mr. Speaker, it is truly incredible cause people abuse the system, but be- My friends who have always claimed when we come back in April we are cause the system so much, so often, that deficit reduction is of the highest going to lay down a package that not abuses the people. priority, vote yes on this motion to re- only give American taxpayers some of In those days when we were in the commit, and be for deficit reduction. their money back, but it is going to minority we had only a task force with We may not have many more opportu- have $60 billion in greater deficit re- which to take recourse to try to de- nities. duction than the President’s package. velop legislative initiatives, and we de- The SPEAKER pro tempore (Mr. In fact, his package when scored under spaired of the unwillingness of the ma- KOLBE). The time of the gentleman actual 1995 spending, sends up the defi- jority to address the issue. from Florida [Mr. GIBBONS] has ex- cit by over $30 billion. We have done We took heart during the campaign pired. better than what the President has of 1992 when the Democrat candidate The gentleman from Texas [Mr. AR- done in just March, and we have not for President said we must do some- CHER] is recognized for 5 minutes. even got until May, when we are going thing to end welfare as we know it, be- Mr. ARCHER. Mr. Speaker, I yield to lay the whole package down. cause it is as we know it too cruel to myself 2 minutes. Let me suggest to all of you here, the Nation’s children, and we thought Mr. Speaker, I strongly oppose the come May, and I am not just talking to real reform would come forward when Democrat’s latest attempt to dress my friends on the Democrat side, I am they won their majority in both houses their big spending, big taxing ways in talking to my colleagues as well, in and the White House. the clothes of a deficit cutter. Just yes- May we are going to come through It did not happen. It did not come terday the Democrats’ welfare sub- these doors and we are going to have a forward. Last November, we had a new March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3789 charge and a new responsibility, a new Cramer Kennedy (MA) Poshard Kelly Myrick Shuster Danner Kennedy (RI) Rahall Kim Nethercutt Skeen opportunity, a new opportunity to de la Garza Kennelly Rangel King Neumann Smith (MI) move beyond task forces and into the Deal Kildee Reed Kingston Ney Smith (NJ) committees, and three committees DeFazio Kleczka Reynolds Klug Norwood Smith (TX) have worked long and hard and worked DeLauro Klink Richardson Knollenberg Nussle Smith (WA) Dellums LaFalce Rivers Kolbe Oxley Solomon in a way that has been more inclusive Deutsch Lantos Roemer LaHood Packard Souder than I have ever seen before, including Diaz-Balart Laughlin Ros-Lehtinen Largent Paxon Spence all the Governors with whom we would Dicks Levin Rose Latham Petri Stearns Dingell Lewis (GA) Roybal-Allard LaTourette Pombo Stockman charge this responsibility. Dixon Lincoln Rush Lazio Porter Stump We have created a truly compas- Doggett Lipinski Sabo Leach Portman Talent sionate reform. This reform effort has Dooley Lofgren Sanders Lewis (CA) Pryce Tate been assaulted. We have often as indi- Doyle Lowey Sawyer Lewis (KY) Quillen Taylor (NC) Durbin Luther Schroeder Lightfoot Quinn Thomas viduals been assaulted, all too often Edwards Maloney Schumer Linder Radanovich Thornberry with language that is neither kind nor Engel Manton Scott Livingston Ramstad Tiahrt gentlemanly. Eshoo Markey Serrano LoBiondo Regula Torkildsen Evans Martinez Sisisky Longley Riggs Upton Now they use this motion to recom- Farr Mascara Skaggs Lucas Roberts Vucanovich mit to try to stop the contract because Fattah Matsui Skelton Manzullo Rogers Waldholtz they could not stop this reform. Fazio McCarthy Slaughter Martini Rohrabacher Walker Mr. Speaker, I ask my colleagues to Fields (LA) McDermott Spratt McCollum Roth Walsh Filner McHale Stark McCrery Roukema Wamp vote no on this motion to recommit; Flake McKinney Stenholm McDade Royce Watts (OK) vote yes on the bill. Foglietta McNulty Stokes McHugh Salmon Weldon (FL) Ford Meehan Studds McInnis Sanford Weldon (PA) PARLIAMENTARY INQUIRIES Frank (MA) Meek Stupak McIntosh Saxton Weller Mr. GIBBONS. Mr. Speaker, I have a Frost Menendez Tanner McKeon Scarborough White parliamentary inquiry. Furse Mfume Tauzin Metcalf Schaefer Whitfield The SPEAKER pro tempore. The gen- Gejdenson Miller (CA) Taylor (MS) Meyers Schiff Wicker Gephardt Mineta Tejeda Mica Seastrand Wolf tleman from Florida will state it. Geren Minge Thompson Miller (FL) Sensenbrenner Young (AK) Mr. GIBBONS. Mr. Speaker, could we Gibbons Mink Thornton Molinari Shadegg Young (FL) possibly get as much time as the ma- Gonzalez Moakley Thurman Moorhead Shaw Zeliff Gordon Montgomery Torres Myers Shays Zimmer jority leader spent? Green Moran Torricelli The SPEAKER pro tempore. The gen- Gutierrez Morella Towns NOT VOTING—2 tleman has not stated a parliamentary Hall (OH) Murtha Traficant Brown (CA) Mollohan inquiry. Hall (TX) Nadler Tucker Hamilton Neal Velazquez b 1332 Mr. DELAY. Mr. Speaker, I have a Harman Oberstar Vento parliamentary inquiry. Hastings (FL) Obey Visclosky So the motion to recommit was re- The SPEAKER pro tempore. The gen- Hayes Olver Volkmer jected. Hefner Ortiz Ward tleman from Texas will state it. Hilliard Orton Waters The result of the vote was announced Mr. DELAY. Has it not been the long- Hinchey Owens Watt (NC) as above recorded. standing tradition of this House to Holden Pallone Waxman The SPEAKER. The question is on allow the majority leaders of both par- Hoyer Parker Williams the passage of the bill. Jackson-Lee Pastor Wilson ties, including the Speaker of both par- Jacobs Payne (NJ) Wise The question was taken; and the ties, to have a little extra time when Jefferson Payne (VA) Woolsey Speaker announced that the ayes ap- they are speaking? Johnson (SD) Pelosi Wyden peared to have it. Johnson, E.B. Peterson (FL) Wynn b 1315 Johnston Peterson (MN) Yates RECORDED VOTE Kanjorski Pickett Mr. SHAW. Mr. Speaker, I demand a The SPEAKER pro tempore (Mr. Kaptur Pomeroy recorded vote. KOLBE). The gentleman is making an NOES—228 A recorded vote was ordered. observation, not stating a parliamen- The SPEAKER. This is a 15-minute tary inquiry. Allard Chrysler Funderburk Andrews Clinger Gallegly vote. All time on the motion to recommit Archer Coble Ganske The vote was taken by electronic de- has expired. Armey Coburn Gekas vice, and there were—ayes 234, noes 199, Without objection, the previous ques- Bachus Collins (GA) Gilchrest not voting 2, as follows: tion is ordered on the motion to recom- Baker (CA) Combest Gillmor Baker (LA) Cooley Gilman [Roll No. 269] mit. Ballenger Cox Gingrich AYES—234 There was no objection. Barr Crane Goodlatte The SPEAKER pro tempore. The Barrett (NE) Crapo Goodling Allard Calvert Ehlers Bartlett Cremeans Goss Andrews Camp Ehrlich question is on the motion to recommit. Barton Cubin Graham Archer Canady Emerson The question was taken; and the Bass Cunningham Greenwood Armey Castle English Speaker pro tempore announced that Bateman Davis Gunderson Bachus Chabot Ensign the noes appeared to have it. Bereuter DeLay Gutknecht Baker (CA) Chambliss Everett Bilbray Dickey Hancock Baker (LA) Chenoweth Ewing RECORDED VOTE Bilirakis Doolittle Hansen Ballenger Christensen Fawell Mr. GIBBONS. Mr. Speaker, I de- Bliley Dornan Hastert Barr Chrysler Fields (TX) Blute Dreier Hastings (WA) Barrett (NE) Clinger Flanagan mand a recorded vote. Boehlert Duncan Hayworth Bartlett Coble Foley A recorded vote was ordered. Boehner Dunn Hefley Barton Coburn Forbes The vote was taken by electronic de- Bonilla Ehlers Heineman Bass Collins (GA) Fowler vice, and there were—ayes 205, noes 228, Bono Ehrlich Herger Bateman Combest Fox Brownback Emerson Hilleary Bereuter Cooley Franks (CT) not voting 2, as follows: Bryant (TN) English Hobson Bilbray Cox Franks (NJ) [Roll No. 268] Bunn Ensign Hoekstra Bilirakis Cramer Frelinghuysen Bunning Everett Hoke Bliley Crane Frisa AYES—205 Burr Ewing Horn Blute Crapo Funderburk Abercrombie Bishop Clay Burton Fawell Hostettler Boehlert Cremeans Gallegly Ackerman Bonior Clayton Buyer Fields (TX) Houghton Boehner Cubin Ganske Baesler Borski Clement Callahan Flanagan Hunter Bonilla Cunningham Gekas Baldacci Boucher Clyburn Calvert Foley Hutchinson Bono Davis Gilchrest Barcia Brewster Coleman Camp Forbes Hyde Brownback DeLay Gillmor Barrett (WI) Browder Collins (IL) Canady Fowler Inglis Bryant (TN) Dickey Gilman Becerra Brown (FL) Collins (MI) Castle Fox Istook Bunning Doolittle Gingrich Beilenson Brown (OH) Condit Chabot Franks (CT) Johnson (CT) Burr Dornan Goodlatte Bentsen Bryant (TX) Conyers Chambliss Franks (NJ) Johnson, Sam Burton Dreier Goodling Berman Cardin Costello Chenoweth Frelinghuysen Jones Buyer Duncan Goss Bevill Chapman Coyne Christensen Frisa Kasich Callahan Dunn Graham H 3790 CONGRESSIONAL RECORD — HOUSE March 24, 1995 Greenwood LoBiondo Sanford Rahall Skaggs Tucker find out what the process would be by Gunderson Longley Saxton Rangel Slaughter Velazquez Gutknecht Lucas Scarborough Reed Spratt Vento which we would go to conference, who Hall (TX) Manzullo Schaefer Reynolds Stark Visclosky would be on that conference, and when Hancock Martini Schiff Richardson Stenholm Volkmer this motion would be made. Hansen McCollum Seastrand Rivers Stokes Ward It was not until literally 2 or 3 min- Hastert McCrery Sensenbrenner Roemer Studds Waters Hastings (WA) McDade Shadegg Ros-Lehtinen Stupak Watt (NC) utes ago that I was informed what the Hayes McHugh Shaw Roybal-Allard Tanner Waxman decision had been. No opportunity was Hayworth McInnis Shays Rush Taylor (MS) Williams given to me to consult the members of Hefley McIntosh Shuster Sabo Tejeda Wilson Heineman McKeon Skeen Sanders Thompson Wise my committee who would not be con- Herger Metcalf Smith (MI) Sawyer Thornton Woolsey templated as being conferees and no Hilleary Meyers Smith (NJ) Schroeder Thurman Wyden consultation was made on this side of Hobson Mica Smith (TX) Schumer Torkildsen Wynn Hoekstra Miller (FL) Smith (WA) Scott Torres Yates the aisle about the wisdom of dividing Hoke Molinari Solomon Serrano Torricelli conferees between the defense con- Horn Montgomery Souder Sisisky Towns ference and the domestic conference, Hostettler Moorhead Spence even though it is the apparent inten- Houghton Myers Stearns NOT VOTING—2 Hunter Myrick Stockman Brown (CA) Skelton tion of the majority party to raid do- Hutchinson Nethercutt Stump mestic programs in order to finance de- b Hyde Neumann Talent 1350 fense add-ons. Inglis Ney Tate Istook Norwood Tauzin So the bill was passed. It was explained to us that the Johnson (CT) Nussle Taylor (NC) The result of the vote was announced Speaker was even considering the un- Johnson, Sam Oxley Thomas as above recorded. precedented action of reducing the Jones Packard Thornberry A motion to reconsider was laid on Kasich Paxon Tiahrt number of Democratic conferees below Kelly Petri Traficant the table. the ratio that we hold on the commit- Kim Pombo Upton f tee in order to provide a stacked deck King Porter Vucanovich for the conference. We had no knowl- Kingston Portman Waldholtz PERSONAL EXPLANATION Klug Pryce Walker edge about who would be on the con- Knollenberg Quillen Walsh Mr. BROWN of California. Mr. Speak- ference until just several moments ago. Kolbe Quinn Wamp er, on rollcall Nos. 267, 268, and 269, I Given the fact that I have had no op- LaHood Radanovich Watts (OK) was unavoidably detained away from Largent Ramstad Weldon (FL) portunity at all to consult with Mem- Latham Regula Weldon (PA) the Capitol. Had I been present, I would bers on my side of the aisle and given LaTourette Riggs Weller have voted ‘‘yes’’ on rollcall No. 267, the fact that the majority party appar- Lazio Roberts White ‘‘yes’’ on No. 268, and ‘‘no’’ on No. 269. ently intends to go to conference on Leach Rogers Whitfield Lewis (CA) Rohrabacher Wicker f Tuesday and given the fact that they Lewis (KY) Rose Wolf can still do that if they wait until next Lightfoot Roth Young (AK) AUTHORIZING THE CLERK TO week to make this motion, I object. Linder Roukema Young (FL) MAKE CORRECTIONS IN EN- The SPEAKER pro tempore. Objec- Lipinski Royce Zeliff GROSSMENT OF H.R. 4, PER- Livingston Salmon Zimmer tion is heard. SONAL RESPONSIBILITY ACT OF (Mr. LIVINGSTON asked and was NOES—199 1995 given permission to address the House Abercrombie Edwards Levin Mr. ARCHER. Mr. Speaker, I ask for 1 minute.) Ackerman Engel Lewis (GA) Baesler Eshoo Lincoln unanimous consent that in the engross- Mr. LIVINGSTON. Mr. Speaker, as Baldacci Evans Lofgren ment of the bill, H.R. 4, the clerk be the gentleman from Wisconsin readily Barcia Farr Lowey authorized to make technical correc- knows, for the last 40 years it has been Barrett (WI) Fattah Luther tions and conforming changes, and to Becerra Fazio Maloney the rules of this House for the Speaker Beilenson Fields (LA) Manton correct section references, in the bill. of the House to determine the con- Bentsen Filner Markey The SPEAKER. Is there objection to ferees, and we have always, as Members Berman Flake Martinez the request of the gentleman from of the former minority, been told who Bevill Foglietta Mascara Bishop Ford Matsui Texas? the conferees would be and have had to Bonior Frank (MA) McCarthy There was no objection. adhere to the restrictions laid down by Borski Frost McDermott f the Speaker. Boucher Furse McHale But the gentleman also might know Brewster Gejdenson McKinney REQUEST FOR APPOINTMENT OF Browder Gephardt McNulty that I hold in my hand a list of pro- Brown (FL) Geren Meehan CONFEREES ON H.R. 889, EMER- posed conferees dated March 23, 1995, Brown (OH) Gibbons Meek GENCY SUPPLEMENTAL APPRO- which we gave to the gentleman as far Bryant (TX) Gonzalez Menendez PRIATIONS AND RESCISSIONS Bunn Gordon Mfume back as yesterday—— Cardin Green Miller (CA) FOR THE DEPARTMENT OF DE- Mr. OBEY. Two minutes ago. Chapman Gutierrez Mineta FENSE FOR FISCAL YEAR 1995 Mr. LIVINGSTON. Yesterday the Clay Hall (OH) Minge Clayton Hamilton Mink Mr. LIVINGSTON. Mr. Speaker, I ask gentleman had this exact list, either Clement Harman Moakley unanimous consent to take from the directly or through his staff. It is ex- Clyburn Hastings (FL) Mollohan Speaker’s table the bill (H.R. 889) mak- actly what we have been talking with Coleman Hefner Moran ing emergency supplemental appropria- the Speaker about and have gotten Collins (IL) Hilliard Morella Collins (MI) Hinchey Murtha tions and rescissions to preserve and agreement on. Condit Holden Nadler enhance the military readiness of the The gentleman’s objections are way Conyers Hoyer Neal Department of Defense for the fiscal off base. I would simply urge all Mem- Costello Jackson-Lee Oberstar Coyne Jacobs Obey year ending September 30, 1995, and for bers to let us go to conference as rap- Danner Jefferson Olver other purposes, with Senate amend- idly as possible. de la Garza Johnson (SD) Ortiz ments thereto, disagree to the Senate (Mr. OBEY asked and was given per- Deal Johnson, E.B. Orton amendments, and agree to the con- mission to address the House for 1 DeFazio Johnston Owens DeLauro Kanjorski Pallone ference asked by the Senate. minute.) Dellums Kaptur Parker The SPEAKER pro tempore (Mr. SEN- Mr. OBEY. Mr. Speaker, I would sim- Deutsch Kennedy (MA) Pastor SENBRENNER). Is there objection to the ply note with all due respect to my Diaz-Balart Kennedy (RI) Payne (NJ) Dicks Kennelly Payne (VA) request of the gentleman from Louisi- friend the gentleman from Louisiana, Dingell Kildee Pelosi ana? that it is true that we were given a Dixon Kleczka Peterson (FL) Mr. OBEY. Mr. Speaker, reserving tenative list of conferees yesterday but Doggett Klink Peterson (MN) the right to object, I take this time to at the same time we were told by per- Dooley LaFalce Pickett Doyle Lantos Pomeroy simply note that for the last 2 days, sons on that side of the aisle that the Durbin Laughlin Poshard this side of the aisle has been trying to Speaker was contemplating changing March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3791 that list. We were told we would be no- b 1400 Mr. OBEY. Mr. Speaker, I have a par- tified when the decision was made so Now, it has been the point of view of liamentary inquiry. we would have an opportunity to dis- the gentleman from Louisiana and the The SPEAKER pro tempore. The gen- cuss that issue with our side of the gentleman from Florida, the distin- tleman will state his parliamentary in- aisle and were given no such oppor- guished chairman of the subcommit- quiry. tunity. tee—— Mr. OBEY. Is it not true that the I feel we are perfectly within our Mr. OBEY. Reclaiming my time for gentleman can easily find himself in rights to object because of the way this just one second to correct something conference on Tuesday just as he would has been handled. the gentleman said, the fact is the guts have found himself in conference on Mr. LIVINGTSTON. Will the gen- of this conference is not solely the pro- Tuesday if he makes this motion Tues- tleman yield? vision of the authority that the gen- day using the right rule? Mr. OBEY. Surely. tleman is talking about. It is also the The SPEAKER pro tempore. That is Mr. LIVINGSTON. The gentleman is intent of the majority party to take not a parliamentary inquiry. free to object, but the fact is that the domestic accounts to pay for Pentagon Mr. OBEY. It may not be, but it is a identical list of proposed conferees bills in a bill which is not even fully fact. that was given his staff yesterday has paid for and which adds to the deficit. f been agreed to. Until we can get an understanding LEGISLATIVE PROGRAM The Speaker under 40 years of Demo- about not adding to the deficit, I am crat rule of the House of Representa- going to object. (Mr. GEPHARDT asked and was tives had taken it unto himself to have given permission to address the House f sole prerogative over who the conferees for 1 minute.) Mr. GEPHARDT. Mr. Speaker, I ask are. That has not changed. I am at a PARLIAMENTARY INQUIRIES loss to understand how the gentleman for this time to inquire of the distin- has been put out of sorts by the agree- Mr. LIVINGSTON. Mr. Speaker, I guished majority leader about the ment on a list that his staff had yester- have a parliamentary inquiry. schedule for the following week. day. The SPEAKER pro tempore (Mr. SEN- Mr. Speaker, I yield to the gentleman I am reminded, to go one step fur- SENBRENNER). The gentleman will state from Texas [Mr. ARMEY]. ther, that the gentleman from Califor- his parliamentary inquiry. Mr. ARMEY. I thank the gentleman Mr. LIVINGSTON. It is my under- from Missouri for yielding. nia [Mr. MILLER] once called a con- ference, adjourned the House, went standing, or am I correct in under- Mr. Speaker, the House will not be in back to the Cloakroom, confected the standing that if the gentleman’s objec- session on Monday, March 27. tion is heard and we cannot go to con- On Tuesday, March 28, the House will conference, reported out the reports of ference using the very same names of meet at 12:30 p.m. for morning hour the conference all within the space of 2 the conferees that were submitted to and 2 p.m. for legislative business to minutes, and the minority was given his staff yesterday, that we are going consider five bills under suspension of no opportunity to object. The gen- to be forced to roll over until Tuesday the rules: tleman has had ample opportunity to and not appoint conferees until Tues- H.R. 849, the Age Discrimination Em- give input. day, and that the critical interests of ployment Act Amendments of 1995; The SPEAKER pro tempore. The the Defense Department will not be H.R. 529, the Targhee National Forest time of the gentleman from Wisconsin met because the conference will not be Land Exchange; [Mr. OBEY] has expired. had until later than that? H.R. 606, the Dayton Aviation Herit- (By unanimous consent, Mr. OBEY Mr. OBEY. Mr. Speaker, that is not a age Preservation Act Amendments; was allowed to proceed for 1 additional point of order. H.R. 622, the Northwest Atlantic minute.) The SPEAKER pro tempore. The gen- Fisheries Convention Act of 1995; and Mr. OBEY. Mr. Speaker, I would sim- tleman from Wisconsin is correct. H.R. 256, the Fort Carson and Pinyon ply note that with all due respect to Mr. OBEY. You can go to conference Canyon Land Withdrawal. what may happen on other committees, on Tuesday at the same time as you If any recorded votes are ordered, on our committee there has always could under your motion. they will not take place before 5 p.m. been a tradition of due notice and due The SPEAKER pro tempore. The gen- on Tuesday. After we complete action consultation before any such appoint- tleman from Wisconsin is correct. This on the five suspensions, we will take up ments have been made. is not a proper parliamentary inquiry. the rule for House Joint Resolution 73, I would also ask the gentleman if he Mr. LIVINGSTON. Mr. Speaker, I the term limits constitutional amend- can tell me any time in the past during have a parliamentary inquiry. ment. which the Speaker has threatened to The SPEAKER pro tempore. The gen- For Wednesday, March 29, and the reduce the number of Democratic con- tleman will state his parliamentary in- balance of the week, the House will ferees on an appropriations conference quiry. complete consideration of House Joint below that of the ratio on the commit- Mr. LIVINGSTON. Mr. Speaker, to Resolution 73. tee. rephrase my parliamentary inquiry, Meeting times for the House are 11 Mr. LIVINGSTON. Will the gen- the gentleman from Louisiana is under a.m. on Wednesday and 10 a.m. on tleman yield? the impression that with the gentle- Thursday. Mr. OBEY. I yield to the gentleman man’s objection, we cannot go to con- The House will not be in session on from Louisiana. ference. Is that correct? Friday, March 31. Mr. LIVINGSTON. The gentleman The SPEAKER pro tempore. That is Mr. GEPHARDT. Mr. Speaker, first, well knows that this entire conference correct. it is probably clear, but maybe we need centers around a national security Mr. LIVINGSTON. All right. Then to make it clear, I take it there are no problem. The gentleman knows that further parliamentary inquiry, Mr. more votes today? because of the deployment of troops Speaker, when might we be able to go Mr. ARMEY. If the gentleman will around the world in many forgotten to conference on this critical defense yield, that is correct. spots of this wide globe of ours that the issue? Mr. GEPHARDT. I thank the gen- readiness, maintenance, operations, The SPEAKER pro tempore. The gen- tleman. training hours, and many other impor- tleman from Louisiana knows that Second, I would like to ask regarding tance areas have been depleted within there are two ways by which a bill can the days off next week, can the gen- the Pentagon, and we have had to come be committed to conference. One is by tleman advise whether or not he ex- forward and try to replace those mon- unanimous consent, and second is by a pects votes on Thursday? I assume that eys so that the Pentagon, the Defense motion made pursuant to rule XX of he will be meeting on Thursday on Department of this country, can carry the Rules of the House, or by a rule some of these matters. out its mission without running short from the Committee on Rules. That is Mr. ARMEY. If the gentleman will of money. a third way. yield, yes, that is correct. We do expect H 3792 CONGRESSIONAL RECORD — HOUSE March 24, 1995 votes on Thursday. If everything goes ergy and Commerce and other commit- woman from Washington [Mrs. SMITH] well, we are hopeful we will be able to tees, the additional changes in Medi- is recognized for 5 minutes. make a 3 o’clock departure time on care out of Ways and Means. Are those [Mrs. SMITH of Washington ad- Thursday. all going to be combined in one bill? dressed the House. Her remarks will Mr. GEPHARDT. Again, the intent is Mr. ARMEY. If the gentleman will appear hereafter in the Extensions of not to have votes on Friday? That is yield, I can only tell you that the Com- Remarks.] the clear intent? mittee on Rules will be meeting on Mr. ARMEY. The gentleman is cor- Wednesday. They will be taking testi- f rect. mony on Wednesday, and we will begin The SPEAKER pro tempore. Under a Mr. GEPHARDT. A further question, to see what form that takes as that previous order of the House, the gen- can the gentleman give any advice to proceeds. tleman from Maryland [Mr. HOYER] is Members on whether other days will be Mr. SABO. So we do not know yet recognized for 5 minutes. given away prior to the April recess? In what the exact form of the legislation [Mr. HOYER addressed the House. His particular, I am thinking of Monday, of the final week before the recess will remarks will appear hereafter in the April 3, or Friday, April 7. Does the be, whether it is one bill or several Extensions of Remarks.] gentleman have any advice on that at bills? this point? Mr. ARMEY. If the gentleman will f Mr. ARMEY. If the gentleman will yield, that is correct. The SPEAKER pro tempore. Under a yield, at this point I can only tell the Mr. SABO. If the minority leader will previous order of the House, the gentle- gentleman with respect to both of yield further, I would only indicate to woman from Ohio [Ms. KAPTUR] is rec- those days I have only high hopes, but the House that in recent years the ognized for 5 minutes. no clear enough picture to be able to House has completed its action on [Ms. KAPTUR addressed the House. advise you. budget resolutions well in advance of Her remarks will appear hereafter in Mr. GEPHARDT. And then, fourth, April 15. the Extensions of Remarks.] regarding the rule on the tax bill which Mr. GEPHARDT. I just have one ad- is coming in the last week, it is my un- ditional last question. Does the gen- f derstanding that the Committee on tleman expect us to go to conference The SPEAKER pro tempore. Under a Rules will meet on the tax bill on on the line-item veto bill next week? previous order of the House, the gen- Wednesday. I would like to ask if it is Mr. ARMEY. If the gentleman will tleman from Louisiana [Mr. JEFFER- true that just one substitute may be yield, as the gentleman knows, con- SON] is recognized for 5 minutes. made in order; will Members on both ference reports may be brought up at [Mr. JEFFERSON addressed the sides of the aisle be permitted to offer any time. We would certainly want to House. His remarks will appear here- move as quickly as we can on that, and substitutes for that bill? after in the Extensions of Remarks.] Mr. ARMEY. If the gentleman will having the Senate’s action only just yield, we have made no decisions re- last night, we will get to it as soon as f garding that. I think that it is true we can. I cannot make an announce- The SPEAKER pro tempore. Under a that the committee will meet on that ment at this time. previous order of the House, the gen- and, I believe, start taking testimony Mr. GEPHARDT. I thank the gen- tleman from Nebraska [Mr. BEREUTER] on Wednesday, if that is correct, 10 tleman. is recognized for 5 minutes. o’clock in the morning next week. f [Mr. BEREUTER addressed the Mr. GEPHARDT. Ten o’clock on ADJOURNMENT FROM FRIDAY, House. His remarks will appear here- Wednesday. So Members who want to MARCH 24, 1995, TO TUESDAY, after in the Extensions of Remarks.] offer substitutes or amendments should MARCH 28, 1995 be willing to appear on Wednesday f morning? Mr. ARMEY. Mr. Speaker, I ask The SPEAKER pro tempore. Under a Finally, I would like to ask about the unanimous consent that when the previous order of the House, the gen- timing on the budget resolution. As the House adjourns today it adjourn to tleman from Missouri [Mr. VOLKMER] is gentleman knows, it is traditional meet at 12:30 p.m. on Tuesday, March recognized for 5 minutes. 28, 1995, for morning hour debates. under our rules to have completed a [Mr. VOLKMER addressed the House. The SPEAKER pro tempore. Is there budget resolution by the middle of His remarks will appear hereafter in objection to the request of the gen- April. I am told that you intend to the Extensions of Remarks.] start in the first part of May, and I just tleman from Texas? am wondering when you are thinking There was no objection. f of trying to bring a budget to the floor. f Can the distinguished majority lead- MILITARY TRAINING AND DISPENSING WITH CALENDAR READINESS er give me a sense of when we might WEDNESDAY BUSINESS ON get to the floor on the budget? WEDNESDAY NEXT The SPEAKER pro tempore. Under a Mr. ARMEY. If the gentleman will previous order of the House, the gen- yield, of course, as the gentleman Mr. ARMEY. Mr. Speaker, I ask tleman from California [Mr. knows, in many, many instances in the unanimous consent that the business CUNNINGHAM] is recognized for 5 min- past several years it has been impos- in order under the Calendar Wednesday utes. sible to make that exact deadline, and rule be dispensed with on Wednesday Mr. CUNNINGHAM. Mr. Speaker, we certainly intended to move on a next. during the last Congress when my col- budget bill as soon after our reconven- The SPEAKER pro tempore. Is there leagues on the other side of the aisle ing after the April work period as pos- objection to the request of the gen- were in the majority, many of us testi- sible. So I would say as early in May as tleman from Texas? fied that the extension of Somalia was, we can get our work done we will be There was no objection. first of all, going to cost American announcing that to the floor. f lives; second, that it was going to cost Mr. GEPHARDT. I yield to the gen- SPECIAL ORDERS billions and billions of dollars, and at tleman from Minnesota [Mr. SABO], the the same time it was going to elimi- ranking member of the Committee on The SPEAKER pro tempore. Under nate readiness, because the amount of the Budget. the Speaker’s announced policy of Jan- training that our military was able to Mr. SABO. I am curious as it relates uary 4, 1995, and under a previous order do during the extension of Somalia in to the tax bill, what other bills will be of the House, the following Members peacekeeping would be diminished. combined with that? I am thinking will be recognized for 5 minutes each. We also recognized that a policy particularly of the bill we voted out of f change from humanitarian to go after the Committee on the Budget and The SPEAKER pro tempore. Under a General Aideed would be disastrous, other bills that have come out of En- previous order of the House, the gentle- and during that time those decisions March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3793 were made and my colleagues on the I beg Members from the other side of this $5 trillion nightmare that they other side of the aisle, in a partisan- the aisle to consider, take a look at have created—a system which dooms ship vote, passed the extension of So- what we have done in the past. We need millions to a life of poverty and con- malia. to stay out of countries like Haiti, So- demns helpless children to perpetual We take a look at us going into malia, Rwanda, and Bosnia. Let us sup- despair—compassionate. Their system Haiti. It is costing us billions and bil- port things back home. is not compassionate, their system is lions of dollars in nation building. f obscene. We look at the money we have given The SPEAKER pro tempore. Under a The ugly sideshow of the liberal’s to the former Soviet Union, Russia. We previous order of the House, the gen- welfare system is the notorious child gave Russia over a billion dollars to tleman from New York [Mr. OWENS] is welfare bureaucracy. The massive in- dismantle nuclear weapons. We gave recognized for 5 minutes. crease in illegitimacy that the liberals them billions of dollars in nation build- [Mr. OWENS addressed the House. want to subsidize has created a horren- ing. His remarks will appear hereafter in dous explosion in the number of abused But last year they built and are the Extensions of Remarks.] and neglected children. As Mona steaming five nuclear class Typhoon f Charen noted yesterday, ‘‘social serv- submarines and three other submarines ices and charities are overburdened by that are developed just to tap into our THE MOST IMPORTANT WEEK OF the caseload but they are also overbur- communications cables in the Atlantic THE 104TH CONGRESS: WELFARE dened by liberal thinking.’’ Clinton and the Pacific. They are building REFORM Democrats are formally committed to MiG–35’s, which are superior to our F– The SPEAKER pro tempore (Mr. a philosophy and practice which in 14 and F–15. They are building AA–10 JONES). Under a previous order of the most cases sends an abused and ne- missiles, which are superior to our House, the gentleman from North Caro- glected child back to the parents who AMRAAM, but yet, many say the cold lina [Mr. FUNDERBURK] is recognized have hurt him, all in the name of fam- war is over. for 5 minutes. ily preservation. The Republican wel- And we look at the billions of dollars Mr. FUNDERBURK. Mr. Speaker, I fare reform bill recognizes this non- we are spending in Bosnia and across said 2 nights ago that this was the sense for the folly that it is. We believe the, the Members on the other side of most important week of the 104th Con- that it is a far greater kindness to the aisle, they are decrying we are cut- gress. This week we decided between place a child with loving adoptive par- ting, we are cutting, we need to apply two very different visions of America. ents rather than to give an abusive vio- the money to the deficit. Well, I say, The first vision is offered by the same lent parent another dozen chances to Mr. Speaker, we would have billions of people who stood guard over 30 years of hurt that child. dollars to apply to the deficit and we disintegrating families, children hav- Before I came to Washington, I would also not have a military with its ing children, burned out cities, a 30- watched the liberal Democrats and readiness and national security forces percent illegitimacy rate, and three their allies in the permanent poverty so low. generations of Americans who do noth- industry heap scorn upon anyone who I sit on the former Committee on ing but sit at home waiting for the dared stand up and say that welfare so- Armed Services which is now called the next government check to arrive. cialism was destroying our country Committee on National Security, and The Democrats are the guardians of from within. But on November 8, 1994 we have had the Joint Chiefs testify business as usual; more taxes, more bu- we the people finally rose up and said that we are on the razor’s edge, or an- reaucrats, more Washington. Having enough is enough. We had enough of other term was buffet, which means lost faith in the American dream, they the professionally compassionate rob- the position just before you stall an have nothing to offer except more of bing us of our hard-earned money, airplane, on our national security. the same shopworn programs which de- dumbing down our schools, promoting grade and enslave millions. They have deviant behavior and creating a suffo- b 1415 made generations of Americans noth- cating culture of dependency for our ing more than animals in the Govern- And just a minute ago, the gen- poorest families. They had 30 years to ment barn. They promise you happi- do something about welfare and they tleman from Wisconsin [Mr. OBEY] ob- ness in exchange for a handout and the sat on their hands and did nothing. jected to a motion that would allow us loss of your freedom. Their notion of Mr. Speaker, I said at the beginning to bring an appropriations bill forward reform is to spend more of other peo- of my remarks that we are debating to help the readiness. Our men and ples’ money. two visions of America. We know where women, many agree, need better equip- Take a look at their so-called an- ment, less troops and high technology. swers to our Personal Responsibility the liberal vision has taken us. The But we must help and support the ap- Act. One raises taxes on every busi- second vision—the conservative vi- propriations bill on Tuesday. ness—big and small—in America and sion—begins and ends with individual We would have hoped that we could the other cuts off child tax credits for liberty. Our view of society is one in have filed it today because we are risk- almost half of the families in this which people have the right and the op- ing the men and women’s lives. country. Each Democratic welfare bill portunity to work, invest, and raise Kara Hultgreen, a young lady, highly says the Government must give you a their children as they see fit. We have trained and motivated, and the first F– job and if the State doesn’t have any faith in the energy of the American 14 driver in the U.S. Navy, she came jobs to give it will pay someone in the people, the liberals have faith in Wash- around the corner just a few weeks ago private sector to hire you. ington, DC. on an F–14 aboard the U.S.S. Abraham This is what the liberals have in The Republican reform bill takes aim Lincoln. She had an engine failure. store for us. This is their version of re- at the heart of the welfare problem— On our side of the aisle. Republicans form: have a child out of wedlock, the underage mother who enters the tried to get additional money to re- don’t have a job and don’t live with a welfare rolls after conceiving an out- place those engines because the com- man who is working. If you do these of-wedlock child. Our reform denies pressor stalls. But many of the liberals things the taxpayer will provide you benefits to those who continue to have on that side said, ‘‘Let’s cut defense.’’ with everything you need. Uncle Sam children without having any means to They cut it $177 billion. What we are will give you a check each month, with independently support those children. seeing—we lost five Navy airplanes in free medical care, free food, and under We also eliminate the Federal middle- the last 2 months, the Air Force has Mr. Clinton’s plan, a Federal job and man and cut the heart out of the Wash- lost four to faulty parts and engines free child care. ington welfare bureaucracy. and poor training. I would say, Mr. Mr. Speaker, I really feel sorry for We send power back to the people. We Speaker, if we really care about our the Democrats. They actually believe say the real welfare reformers are in men and women that we expect to fight it is an act of kindness to hand able- the States and counties. These are the and, in some cases, die for this coun- bodies Americans womb to tomb care, people closest to the problem. They try, that we need to support them. demanding nothing in return. They call know their communities’ needs. They H 3794 CONGRESSIONAL RECORD — HOUSE March 24, 1995 are on the front line in the war against Now, I want to talk about the welfare them that the current law provides poverty. They understand its causes reform bill. I want to talk about why I more assistance than the new law, and and they will provide the moral and voted against it. you are not telling them that all the spiritual leadership so many of our I voted against it because the GOP Federal nutritional standards are being people so desperately need. version, the Republican version, does removed. Mr. Speaker, we were sent to Wash- not stress work adequately. I voted You are also not telling them that in ington to put people to work and get against it because it does not preserve order to do that, you have to savage the Government’s hand out of working but instead cuts the School Lunch Pro- other nutrition programs in the block people’s pockets. We say if the Amer- gram. I voted against it because the grants, such as the important Women, ican people give you a hand-up you will money that saved the estimated $68 bil- Infants, and Children Program. find a real job or we will cut off your lion does not go for deficit reduction. I think it is very important to note, benefits in 2 years. Let me make that clear: It does not Mr. Speaker, that I am holding a con- Let me tell you where we will be if go to reduce the budget deficit, but it current resolution, a concurrent reso- we do not put a brake on the runaway is going to go fund a tax cut that is lution No. 37, from the West Virginia welfare train. Today Federal welfare going to go sailing through here in a Legislature, signed by the speaker of spending stands at $387 billion, by 2000 couple of weeks that will provide 65 the house Chuck Chambers and the we will spend $537 billion on welfare en- percent of its benefits for everyone president of the West Virginia State titlements. The madness has to stop. over $75,000 a year while providing less Senate, Earl Ray Tomblin. We have an unprecedented oppor- than 5 percent of the benefits for those In that concurrent resolution, one of tunity to save the lives of millions of under $30,000 a year. That is not a good the last acts passed by our State legis- children who would otherwise be trade. lature, they urged the Congress not to We all want welfare reform. That is trapped in the system which has ruined vote for this welfare reform act put for- why I introduced a bill earlier this year previous generations. We cannot be in- ward by the GOP for the reason that it that has many of the elements that timidated by the liberals in Congress decimated WIC. They point out that have been common to these welfare re- and the media who offer no solutions, the Women, Infants, and Children Pro- form bills. My bill has a 2-year require- only scare tactics. They throw out gram serves 55,000 West Virginians, ment in it and after 2 years a person words like cruel and mean but I ask provides 28 million dollars’ worth of as- must go off the welfare rolls. you Mr. Speaker, what is more cruel, sistance, but more than that, helps Mine has a tough work requirement what is more mean, then to condemn a young woman bring healthy babies to modeled after what we have done in child to life on the liberal welfare dole. term. That is the cruelest punishment imag- past years in West Virginia. Mine re- quired, for instance, that people seek I think it is very significant that the inable. We cannot allow another gen- legislature which would be charged eration of American children to fall education and that they do public sec- tor work, if necessary. But there are a with enacting this legislation went on victim to the compassion of the Amer- record as opposing the legislation. ican left. We must be strong, we must lot of other things, unfortunately, that were not included in the Republican I think it is also important to note be bold, and we must act now. Our chil- that the West Virginia Board of Edu- dren deserve no less. version. A lot of things, for instance, that the cation, our State board of education, f Republicans do not tell us, did not talk which is in charge of implementing the The SPEAKER pro tempore. Under a much about. How about the fact that school lunch program and the school previous order of the House, the gen- the Congressional Budget Office, which nutrition programs which you would think under the philosophy of the GOP tleman from California [Mr. TUCKER] is now has a Republican appointee—not a recognized for 5 minutes. Democrat appointee—but the Congres- they would be most eager to accept the School Lunch Program, the school nu- [Mr. TUCKER addressed the House. sional Budget Office recently scored this bill and said that not one of the 50 trition program in a block grant; they His remarks will appear hereafter in went on record in resolution on the the Extensions of Remarks.] States, not one—not West Virginia, not any one of the States—would be able 10th day of March 1995 opposing this f successfully to move the required legislation and urging that the school The SPEAKER pro tempore. Under a amounts of people from welfare to lunch and school nutrition programs previous order of the House, the gentle- work. not be block-granted, because they un- woman from Colorado [Mrs. SCHROE- What kind of statement is that, when derstand it would be even more of an DER] is recognized for 5 minutes. the Republican-dominated Congres- administrative nightmare. [Mrs. SCHROEDER addressed the sional Budget Office itself issues a bad The also understand that the school House. Her remarks will appear here- report? lunch and nutrition programs would be after in the Extensions of Remarks.] I think it important as well to look pitted against each other. at what the States think of this, par- So, I want a bill, Mr. Speaker, that f ticularly, my State. We have heard a stresses work. This did not stress work. lot about how this is going to free up I want a bill that preserves the School THE REPUBLICAN WELFARE the States. Take a look, for instance, Lunch Program and the nutrition pro- REFORM BILL IS FLAWED at what it does for the States. grams and does not cut them. I want a The SPEAKER pro tempore. Under a Many of us raised concerns on the bill that reduces the deficit and does previous order of the House, the gen- House floor about what would happen not give, does not give the savings for tleman from West Virginia [Mr. WISE] when the School Lunch Program was a large tax cut for the wealthiest indi- is recognized for 5 minutes. put into a block grant with the viduals in this country. This bill does Mr. WISE. Mr. Speaker, I am going Women, Infants, and Children Pro- not do that either. to pick up where the last speaker left gram, which was put into a block with For that reason, I voted against its off, perhaps in a little different refrain. the other nutrition programs. We passage. I might add he just accused the Demo- raised concerns about this. They said cratic Party of 30 years of not tending not to worry, the States will love it. f this problem. It actually did in 1988, And, of course, they said there would when it worked with President Reagan be a real increase. And, of course, it is THE NEED FOR REFORMING OSHA to pass the welfare reform bill which is not an increase in the block grant, be- The SPEAKER pro tempore. Under a the basis under which this Federal cause while you can give technically previous order of the House, the gen- Government has been operating since the School Lunch Program a 4.5-per- tleman from Georgia [Mr. NORWOOD] is 1988. cent increase per year, what you are recognized for 5 minutes. So if you want to place some blame, not telling the people is that at the Mr. NORWOOD. Mr. Speaker, re- talk to President Reagan about that. same time you are permitting the Gov- cently the Subcommittee on Workforce He, of course, is a well-known Social- ernors to shift 20 percent of that Protection heard testimony from As- ist. money elsewhere. You are not telling sistant Secretary for Occupational March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3795 Safety and Health Joe Dear. Among debate as to how effective OSHA has nutrition programs, lunch programs the many things Mr. Dear told the sub- been in reducing workplace fatalities. and breakfast programs we know that committee, he said this: ‘‘Every year, Second, most workplace fatalities they can eat. Yes, we have the home- work-related accidents and illnesses are not caused by factors which one less, sometimes those who cannot find cost an estimated 56,000 American lives would normally consider workplace a place to stay, those that cannot find * * * At the time I was not certain if hazards. For example, according to food to eat, but the majority of Ameri- Mr. Dear and his friends over at OSHA Census on Workplace Fatalities, in 1993 cans go home to a place to stay that is were afraid of real OSHA reform. But there were 6,271 workplace fatalities. heated, and they have food to eat. for them to be using scare tactic statis- However, over 60 percent of these fa- That is because over the years we tics like these in an effort to puff up a talities were due to transportation ac- have been sensitive. We have under- supposed need for OSHA, well they cidents, homicides, suicides, and stood that the American dream is not must be utterly terrified of OSHA re- drownings. As one of my colleagues for everyone, that there are certain form. Using incomplete and speculative once said ‘‘unless OSHA teaches em- people born with certain inequalities statistics makes for incomplete and ployees how to drive, fly, swim, and that cannot be corrected by man: the poor policy decisions. As we look to cope better, it’s not going to have any blind, the disabled, and others with so make real reforms in the way OSHA impact on these deaths.’’ many other special type of disabilities. I believe the American people are does business, we need to insure that We have made provisions for them. frustrated by burdensome regulations. any legislative action is based on sound And there are special circumstances Every day small business people are and scientific information. We must where people for no reason of their own pulling their hair out and fretting use peer review to determine the effec- are without jobs: layoffs and other type about regulatory mandates they can’t tiveness of a regulation. But when you downsizing problems. consider how loose OSHA is willing to possibly comply with. I know that many of my liberal colleagues scoff at There are some places in America on play with the facts, it makes you won- Indian reservations, in the blight belt der whether OSHA can possibly be re- this assertion. But I suggest that if they got out of their cloistered exist- of Alabama, Appalachia and other formed. places in this country where there are Mr. Speaker, the problem with Mr. ence for just a short time and experi- no jobs, and for the next two or three Dear’s statement is that he has stated ence what small business people all decades there probably will not be any with certainty about statistics where over this country have to put up with, jobs. Many of those people migrate to there is considerable uncertainty. they would change their tune soon our cities, creating additional prob- There is great disagreement and dis- enough. lems because it is so expensive to live pute about the number of fatalities OSHA is one agency that has turned in the city. We have been sensitive to from workplace illnesses. But there is a a reasonable and important mission those needs and those situations. consensus about fatalities resulting into a bureaucratic nightmare for the But then there are situations created from workrelated accidents, although American economy. Common sense was by nature, floods, hurricanes, this was not always the case. Several long ago shown the door at OSHA. mudslides, earthquakes, and other years ago, the Bureau of Labor Statis- OSHA is one agency that needs to be tics initiated a new program called the restructured, reinvented, or just plain types of natural disasters, that cause Census of Fatal Occupational Injuries. removed. problems in this country. If we do not This program obtains an actual count, f make provisions for those Americans, then we ought to do for the least of rather than an estimate, of the number b 1430 of workplace fatalities. That count for those what we should do for everyone. 1993, the latest year for which we have THE WELFARE REFORM PROGRAM Mr. Speaker, I am submitting that the cuts in the program that have been numbers is 6,271. The census is in- The SPEAKER pro tempore (Mr. proposed today are un-American, and tended to pick up deaths caused by JONES). Under a previous order of the those who proposed them are disloyal workplace exposures to toxic sub- House, the gentleman from Alabama Americans, and they are not sensitive stances. Although the Bureau of Labor [Mr. HILLIARD] is recognized for 5 min- to the needs of other Americans. Statistics acknowledges that it prob- utes. ably does not produce a complete count Mr. HILLIARD. Mr. Speaker, I rise to I think that in this country one of of fatal illnesses. In fact, at this point speak today on an issue that is ex- the greatest reasons why it is the in time, no one has a completely accu- tremely important to me. It is one that greatest country in this world is be- rate count of workplace-related fatal I think will affect every American. It is cause we have always looked out for illnesses. But the best numbers we do one that will undoubtedly create a those who were unfortunate, those who have are those produced by the Bureau great deal of injustice. It will create a were unable to fend for themselves. of Labor Statistics. We pay the Bureau great deal of anxiety. It will create a And in special circumstances like of Labor Statistics quite a bit of great deal of problems for many Amer- floods and so forth, we look out for money to compile these statistics. I ican families in the years to come. I those who ordinarily would be able to would think that the good Secretary of speak about one element of the Repub- look out for themselves. OSHA would use his own department’s lican Contract on America, the welfare We did them a disservice this day. numbers rather than using the dis- reform program. And I know that this issue will be de- puted, speculative numbers of others. If Mr. Speaker, some people have not bated for years to come, but if in the Mr. Dear is right, and I doubt that he had the opportunity to travel outside Senate this becomes law, then we may is, if there are really 56,000 workplace of their State or even outside of this want to revisit those slums in Haiti, in fatalities instead of the Bureau of country, but thanks to CNN and other China, and in India. Because I submit Labor Statistics reported number of national networks we are able to see to you because of the high cost of hous- 6,271, if the Bureau of Labor Statistics how other people live in other coun- ing in this country, because of the low are wrong by that much, if they are tries. When we looked at the slums in wages we pay, $4.25 an hour, a wage only counting 7 percent of all work- India, the slums in Haiti, the slums in that no one can subsist on anywhere in place fatalities, someone down there China, we said, my God, how can people America, we will have those type of needs to be fired, if Joe Dear is right. live in these type conditions? slums. Mr. Speaker, two other points about But if we wonder about how they eat It would be detrimental not only to the number of fatalities should be high- and how they sleep, then we all ought the health and the welfare of those peo- lighted. First, the number and rate of to think about home. In America, the ple who live in those places but to workplace fatalities have been declin- poorest families, the poorest of the every American everywhere. ing steadily since the 1930’s. This is sig- poor can live in subsidized housing that So, Mr. Speaker, I ask the Senate to nificant when one considers that OSHA is healthy, that is safe, that is clean. make sure that this bill, this Robin did not come into existence until the As it stands now, through food Hood bill, this ‘‘create heaven’’ bill 1970’s. Consequently, it is a matter of stamps and other certain types of child never becomes law. H 3796 CONGRESSIONAL RECORD — HOUSE March 24, 1995 WELFARE REFORM IS NOT UN- They brought nothing to the table. the ancient Greeks and which today AMERICAN They were shameless in their approach, sweeps the modern world. The SPEAKER pro tempore. Under a saying we were going to hurt children It is, indeed, fitting that we celebrate previous order of the House, the gen- because we wanted to finally get rid of this magnificent concept of democratic tleman from Florida [Mr. this corrupt system. government this week because this It reminds me of a movie I saw a few Saturday, March 25, is the date that SCARBOROUGH] is recognized for 5 min- utes. years ago. At the end of the movie a people of Greek heritage and the Greek Mr. SCARBOROUGH. Mr. Speaker, I politician, who was basically trying to Orthodox faith—as well as freedom-lov- have got to tell you I feel very honored take over the world, was being shot at, ing individuals everywhere—celebrate to be a part of something today where and he held up a child as a body shield the symbolic Rebirth of Democracy: Greek Independence Day. we literally changed the way the Fed- as he ran out. And the cameras clicked, and it showed up in the papers the next March 25, 1995, will be the 174th anni- eral Government operates today in this day that this politician was so shame- versary of the beginning of Greece’s House. ful that he used a child as his shield. struggle for independence from more We have stopped or begun the process than 400 years of foreign domination. It of stopping a process that for 30 years b 1445 was on this historic day that the Greek has encouraged destructive behavior, Well, ladies and gentlemen, we have people began a series of uprisings that has rewarded illegitimacy, that seen where life has imitated art. Be- against their Turkish oppressors, has paid people not to work, that has cause this week liberal protectors of uprisings that soon turned into a revo- broken down families, that has torn the status quo of the corrupt system lution attracting wide international apart communities, and has turned that has destroyed our inner cities support. those inner cities that we hear so much have held up little children because The Greeks’ long and arduous strug- about into war zones that are at times they want to protect their power. They gle against the Ottoman Empire is a worse off than conditions in Third want to protect the bureaucracies up perfect example of the ability of man- World countries. and down these avenues. They want to kind to overcome all obstacles if the Our welfare reform bill that sup- protect their way of life, their corrupt will to persevere is strong enough and posedly is going to be so harmful to ev- way of life. the goal—in this case, the dream of erybody just requires a few basic Let me tell you something. We have freedom—is bright enough. things; and, unfortunately, I have to spent $5 trillion over the past 30 years The United States of America is sure- disagree with the last speaker. There is in this so-called war on poverty, and ly the truest expression of this dream nothing un-American or disloyal about we have failed. It has ended up as a war today. It remains an imperfect dream, the concepts contained in this bill. on families, and war on hard work, a yes, but it is still the shining example What could be more American than war on personal responsibility and a which oppressed people throughout the the basic belief that if you are going to war on American values. world have looked to for generations get paid, you have to work? Is that un- Look at the figures. It is and from which they have gained American? I do not think so. I think uncontroverted. You can wear your strength in their struggles to overcome that is a basic concept that this coun- ties all you want to. You can talk their oppressors. try was created on. about how we are cutting school lunch This dream of democracy—born so It also trusts families and commu- programs. That is not the case. The long ago in Greece—and its greatest nities more than it trusts Federal bu- fact of the matter is funding on school tangible expression in our great Demo- reaucrats and agencies. You know, it lunch programs for the next 4 years cratic republic, Mr. Speaker, forms the was 200 years ago that Thomas Jeffer- goes up. common bond between our two nations. son said that the government that gov- Let us get used to the new math, Furthermore, it is a bond that has erns least governs best. folks. One plus one equals two. If you stretched throughout history, from an- And James Madison, while drafting spend more money on school lunch pro- cient times to the present day. the Constitution, a very American doc- grams in the year 2000 than you are The history of the Greek war for ument, mind you, stated we have spending now, that is an increase. Well, independence also is filled with heroes staked the entire future of the Amer- we are changing the way Washington and heroism, remarkable events by ican civilization not upon the power of works. Stay tuned. many peoples in a common cause. It is government but upon the capacity of f partly the story of the Klephts, who de- each of us to govern ourselves, to con- scended upon the invaders from their trol ourselves and to sustain ourselves GENERAL LEAVE mountain strongholds. It is also the according to the Ten Commandments Mr. BILIRAKIS. Mr. Speaker, I ask story of the Hydriots, seafarers who of God. That was James Madison, a unanimous consent that all Members broke the Ottoman naval blockade; and man who drafted the Constitution, a may have 5 legislative days in which to it is the story of the Philhellenes, who man who was not un-American or dis- revise and extend their remarks and to took these tales of courage to Europe loyal. include extraneous material on the where their significance was not over- And yet, Mr. Speaker, if you listen to subject of this, my special order. looked. the debate that has gone on this week, The SPEAKER pro tempore. Is there These stories woven together formed throwing out terms like disloyal and objection to the request of the gen- the fabric of a free and independent mean spirited has been part of a very tleman from Florida [Mr. BILIRAKIS]? Greece, of democracy returned to the shameful demagogic approach on this There was no objection. cradle where it was born, and defended issue of welfare reform. f by the defiant cries of the Greek patri- I have seen Members going around ots: ‘‘Eleftheria I Thanatos’’—Liberty with ties with children on it. I just GREEK INDEPENDENCE DAY or Death. think that is grand. But that does not The SPEAKER pro tempore. Under As probably a typical illustration of mean you like children. When you con- the Speaker’s announced policy of Jan- courage in that fight is a story told in tinue to allow a system to go forward uary 4, 1995, the gentleman from Flor- the newspaper ‘‘The Greek American’’ that has hurt children for 30 years, you ida [Mr. BILIRAKIS] is recognized for 60 by writer Eva Catafygiotu Topping are not helping children. minutes as the designee of the major- tells us of the fight by the Greeks of And you can wear a tie, but I will tell ity leader. the island of Psara in the Aegean Sea. you, of those people that were wearing Mr. BILIRAKIS. Mr. Speaker, I rise I yield to the gentlewoman from New ties with children on them, it is about today as I have each March for the last York [Mrs. MALONEY] for her state- the only thing they did during this wel- dozen years here in the Hall of Amer- ment. fare debate because they sure did not ican democracy, to honor the spirit of Mrs. MALONEY. Thank you, Mr. come up with an alternative to get rid freedom that lies at the heart of our BILIRAKIS. of a system that rewards illegitimacy political system. It is the idea of demo- Mr. Speaker, it is a distinct honor to and unproductive behavior. cratic government, brought forth by join my friend, Mr. BILIRAKIS, and March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3797 other advocates of Greek-American re- and the writer Nicholas Gage, lobbied beloved family members are still miss- lations in this important special order. our State Department and the Alba- ing from the Turkish invasion. This is my third year in Congress and nian Government for a resolution of Twenty years is far too long for the the third time that I have stood to- this problem. families of the 1,619 missing to wait. gether with the esteemed gentleman Finally, just a few weeks ago, the Al- But even if it takes another 20 years, from Florida to celebrate Greek Inde- banian Supreme Court ordered the re- we can never turn our backs on those pendence Day and to discuss a few of lease of these long-suffering individ- who suffered in the invasion and those the pressing issues on the Hellenic uals. I commend Albanian President who continue to suffer on that beau- agenda. Berisha for this gesture, but I also tiful island even today. The presence of the various Members want to let him know that we in Con- Mr. Speaker, I am pleased to be a co- on the floor today proves that support gress will continue to closely monitor sponsor of a resolution authored by Mr. for Greece and Greek-Americans is an the human rights situation of the ENGEL and Mr. PORTER which will put issue that unites Democrats and Re- Greek minority in Northern Epirus. this House on record once again in in- publicans, liberals and conservatives, And now to another important issue. sisting that this intolerable situation and Members from all across this great Mr. Speaker, make no mistake: Mac- come to an end. In fact, last year, these Nation. edonia is Greek. two gentlemen and several of us passed Mr. Speaker, this Sunday I will be Over the past year, there have been a bill that will hopefully, finally, bring humbled to receive one of the greatest important developments concerning about an accounting of the five Ameri- honors to be bestowed on me in my en- the controversy over the former Yugo- cans missing from the invasion. tire career in public life. I will be the slav Republic of Macedonia. Unfortu- Later this spring, I will welcome to grand marshall of the annual Greek nately, in a move that I strongly op- Astoria the Honorable Richard Beattie, Independence Day parade on Fifth Ave- posed, the U.S. Government recognized President Clinton’s Special Emissary nue in Manhattan. FYROM. But to date, thanks in large to Cyprus, who will brief the commu- There are a number of reasons why measure to the strong opposition of nity on the ongoing negotiations be- this honor means so much to me. many of us on the floor tonight, we tween the Government of Cyprus and First, because I will be joined by have refrained from establishing for- the Turkish Government. thousands of my neighbors and con- mal diplomatic relations with this re- And under the leadership of Mr. AN- stituents. I am privileged to represent public. DREWS of New Jersey, several of us one of the largest and most vibrant I had the opportunity to visit Greek have introduced a bill which would pro- Greek-American and Cypriot-American Macedonia, the real Macedonia. On this hibit United States aid to Turkey un- communities in the Nation. In the won- less and until the Turkish Government trip, I was able to witness firsthand the derful neighborhood of Astoria, Queens, begins its withdrawal from Cyprus, im- much justified passion that this issue where tens of thousands of Greek- proves its abysmal human rights engenders. This is not just about a sim- Americans reside, I have always been record, and removes its unconscionable ple name. In fact, when Tito changed overwhelmed by the warmth and en- blockade of Armenia. And this bill will the name of the republic to ‘‘Macedo- thusiasm with which the community call on the Turkish Government to nia’’ in 1944, the United States strongly has welcomed me. cease its military operations against opposed this action as ‘‘unjustified Marching side by side with my Kurdish civilians. demagoguery representing no ethnic or Greek-American friends on Sunday will Suffice it to say that many of us in political reality.’’ once again instill me with respect and this House are very, very concerned It should be the policy of the United admiration for this special people and about the current Turkish operation in their remarkable heritage. And it is States not to weigh in unilaterally on northern Iraq and the reports that ci- this heritage that we celebrate today. one side of this dispute but to support vilians are being killed. March 25 marks the 174th anniver- honest negotiations between Greece It is unfortunate, Mr. Speaker, that a sary of the day when the Greek people and FYROM to resolve these issues. special order dedicated to celebrate the won back their independence after It is for this reason that I am proud birth of Greece and the democratic nearly 400 years of cruel domination by to report that Mr. BILIRAKIS and I have ideals and institutions that Greece has the Ottoman Empire. One hundred and reintroduced our bill, House Concur- bestowed upon the world must also in- seventy-four years ago, the Greek peo- rent Resolution 31, which calls on the evitably turn to the activities of the ple were able to resume their rightful United States to support Greece in its Turkish Government. But it is our place as an exemplar of democratic efforts to reach a solution which pro- duty to ensure that United States tax- ideals to the rest of the Western world. motes a solid, cooperative relationship payer dollars do not go toward subsi- In fact, our own American revolution between the two countries. And just as dizing Turkish human rights abuses. and fight for independence was inspired significantly, our resolution—which is In conclusion, I simply want to wish by the ancient Greek paradigm of de- cosponsored by dozens of pro-Greek all of my Hellenic friends and constitu- mocracy and individual liberties. Members of this House—would delay ents, and any who may be watching, a Perhaps the American philosopher any establishment of formal diplo- very happy Greek Independence Day. Will Durant put it best when he said matic relations with FYROM until this I pledge to you that every year that ‘‘Greece is the bright morning star of just and fair relationship is estab- I am privileged to serve in Congress, I that Western civilization which is our lished. will come to the well of the House in nourishment and life.’’ Finally, Mr. Speaker, we cannot cele- March and extol the indomitable, life- Mr. Speaker, in the year that has brate the magnificent occasion of giving spirit of the Greek people. passed since our last special order, my Greek Independence Day without b colleagues and I who advocate for Hel- touching on the tragic situation on Cy- 1500 lenic issues have been heartened by prus. Mr. BILIRAKIS. Mr. Speaker, I some important victories and chal- You do not have to be a Greek-Amer- thank the gentlewoman who, yes, in- lenged by other developments. I would ican or a Cypriot-American to feel the deed, in every March of every year like to take a few minutes to touch on outrage and pain felt by Cypriots who comes to the well of this House. Also, some of these issues. have had their land brutally and ille- I might add, in July of every year she First, a great victory. Many of us in gally occupied by Turkish forces for comes to sort of commemorate, if we this Chamber worked long and hard on over 20 years. But it helps immeas- can call it that, the tragedy of the in- behalf of the Omonia Four, ethnic urably to go to Cyprus like I have and vasion of Cyprus some 20 years ago. Greeks who were unfairly and unjustly look into the eyes of the people whose Thank you for all your great work. imprisoned by the Albanian Govern- lives and families have been hurt, even Mr. Speaker, at this point I would ment on trumped up charges of espio- destroyed, by this dark moment in yield to the gentleman from Penn- nage. Month after month, week after world history. sylvania [Mr. GEKAS]. week, Members of Congress and others, And I have shared the pain of some of Mr. GEKAS. I thank the gentleman like Mrs. Kathryn Porter of Illinois my own constituents in Astoria whose specifically for this day and for his H 3798 CONGRESSIONAL RECORD — HOUSE March 24, 1995 continuing efforts to make certain that at the battle of Missolonghi, he fought of Greece gaining their freedom from special orders are created for the pur- side by side, as did Lafayette with the Ottoman Empire. pose of celebrating, commemorating, Washington, side by side with the For nearly 400 years, from the fall of the 25th of March every single year. Greeks in one of their most devastat- Constantinople in 1453, until their dec- It becomes more important to me al- ing battles, and lost his life. Lord laration of independence in 1821, Greece most every year, Mr. Speaker, and I Byron was killed on the very soil which had been under Ottoman rule. It was a say to the Members, to parallel the his- he had so proudly described in his lyric period when people were deprived of tory of our own country with that of poetry. civil rights, schools and churches were Greece. So the parallels go on and on. Pat- shuttered, Christian and Jewish boys In 1776, when our Nation launched its rick Henry said give me liberty or give were taken from their families to be quest for independence, it was at a me death, and that is what was con- raised as Moslems to serve the Sultan. time when Greece was at the darkest tained in the declaration by the Greeks The people of Greece raised their flag period of its history under the yoke, in their movement toward independ- of independence just 45 years after we for then 400-plus years, of the Ottoman ence, liberty or death. It is not just a in America ‘‘fired the shot heard Empire. But we are certain from anec- coincidence. ‘round the world.’’ Our Nation served dotal and other kinds of evidence that The point that I want to make, of as their role model, and the echoes of news of the American Revolution which I am so proud, is that Americans our War for Independence against seeped into Greece and to the intelli- of Greek descent recognize that the Great Britain resounded in the Aegean, gentsia and to the villagers even in history of our country, the history of and have served to forge a special kin- Greece, and little by little news of the America that is, is intertwined inex- ship between the United States and successes of the Americans against the tricably with that of Greece. Not just Greece. British became a watchword for the from the Jeffersonian classical deriva- By the same token, our Founding Fa- Greeks, who began to plan for their ul- tions that he himself, that great Amer- thers drew heavily upon the civic his- timate revolution. ican was able to inculcate into the tory of ancient Greece in formulating So we know that the American Revo- other men at the Constitutional Con- our own form of government. As James lution inspired in great measure the vention, with the ideals of intellectu- Madison and Alexander Hamilton Greek Revolution that began in 1821. alism and freedom and democracy that wrote in ‘‘The Federalist Papers’’: But that is not where the parallels Greece meant even back then, but then Among the confederacies of antiquity the end, as I look back on history. First of to see in their moment of woe and of most considerable was that of the Grecian all, we had the impetus for the launch- misery, to see the President of the republics [which] bore a very instructive ing of the American Revolution, the United States in 1822, James Monroe, analogy to the present confederation of the Declaration of Independence. It is little issue a declaration and a message to American states. recognized that the Greeks of that pe- Congress saying that that great classi- I am pleased to join with my col- riod also had a declaration of independ- cal country, from which we learned so leagues in recognizing this very impor- ence that emanated from Corinth, much and on which we based so much tant milestone in the world’s march to which was, is a bastion of freedom and of our own Nation, deserves our help, freedom. And as we recognize this im- liberty and classical splendor in the our sympathy, in the cry out for free- portant historical event for Greece, let country of Greece. dom that they themselves are us pause to recall the 1,600 Greece Cyp- That declaration of independence by bespeaking during their revolution. riots who regrettably are still listed as the then patriots in the 1820’s par- Henry Clay, one of the greatest ora- missing as a result of the Turkish inva- alleled much of the language that we tors of all time, stood in a well similar sion of Cyprus more than 20 years ago. saw in the Declaration of Independ- to that which is occupied by our col- And let us hope and pray that by ence. Where we pledged our sacred leagues here today, and in that legisla- next year’s celebration or Greek Inde- honor as Americans, they pledged all tive session of the House of Represent- pendence Day, that Cyprus will be re- that they had, the sacrifice of life and atives in the Congress of the United united and that the missing Cypriots of family and of nationhood forever in States began a marvelous recitation of will be fully accounted for. the quest for liberty. why America should never be anything Mr. BILIRAKIS. Mr. Speaker, I But that is not where the parallels except a benefactor of Greece, as was thank my colleague, who also joins us end. We had our George Washington, a Greece a benefactor of the origins of year after year after year, a wonderful hero a patriarch, a leader of men, a dip- America, as he put it. fellow Hellene, friend of human rights lomat, a soldier. The Greeks had It goes on and on. The parallelisms all over the world. We thank you, BEN, Kolokotronis, the spelling of which I are astounding and would make for a for your wonderful friendship you have will supply the clerk afterwards or the book, which I pledge to the Speaker I shown over the years. stenographer, who paralleled that his- will attempt to write about what I Mr. Speaker, earlier I alluded to this tory. If I were a new Plutarch parallel- speak here today, and reemphasize article in the newspaper called the ing lives of Americans with other that, as Americans who have that Greek American. It is an article enti- greats in other nations, I would par- extra privilege of having Greek herit- tled ‘‘Liberty or Death: Psara, July allel Washington with Kolokotronis. age in our backgrounds, we are better 1824,’’ by Eva Topping. I will read from Then at one period in American revo- Americans for it. that article as follows: lutionary history there came to the Thank you. LIBERTY OR DEATH: PSARA, JULY 1824 side of Washington, to the aid of the Mr. BILIRAKIS. I thank my col- American revolutionists, a foreigner, league for his wisdom, for his wise (By Eva Catafygiotu Topping) Lafayette, who came from a foreign words, and for that history which we To find tiny Psara on the island-studded country, France, to help the Americans all need to hear over and over again. map of the Aegean Sea is not easy. Sixteen in their quest for liberty. At this point I recognize the gen- square miles of barren rock and mountainous terrain. It lies twelve miles off the northwest Guess what? In Greece there came to tleman from New York [Mr. GILMAN]. coast of Chios. Homer mentions it once in their side a lord, a poet, a nobleman of Mr. GILMAN. Mr. Speaker, I thank the Odyssey. Then, as if buried under the England. Lord Byron left England dur- the gentleman for yielding. blue Aegean waters, Psara disappeared for ing the height of the revolution in Mr. Speaker, I thank the gentleman centuries from recorded history, Greece, came there, saw the splendors from Florida [Mr. BILIRAKIS] for ar- Suddenly, however, in the eighteenth cen- that he had always admired in Greece, ranging this special order permitting tury the island came to life, a prosperous wrote abundant poetry and prose hav- us to observe this very special day of naval and commercial center. And during the ing to do with his love of Greece and historical significance for all who cher- Greek Revolution in the next century, Psara its history, and then, not satisfied with ish freedom and revere independence made history. On July 4, 1824, it achieved im- mortality when its brave people chose death just rhetoric, not satisfied with just from foreign domination. rather than surrender to the Turks. In the poetry, he entered the battle. At the On March 25, we will mark the 174th long and rich history of the Greeks’ battle of Missolonghi, the spelling of anniversary of the beginning of the unending struggle for liberty there exists no which I will provide the stenographer, revolution that ended with the people more stirring example of heroic idealism. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3799 On the island of Zakynthos in the Ionian themselves Greek Davids against the Turk- The heroic but futile resistance of the Sea, Dionysios Solomos, a young twenty-six ish Goliath. Psariots ended on July 4. The last stand was year old poet, responded immediately to the Psara distinguished itself not only by the made at Palaiokastro, an old fort above the story of Psara with a haunting epigram of patriotism and the indefatigable activity of town, where several hundred soldiers, women six verses. its seamen, but also by the illustrious deeds and children had taken refuge. Having taken Ston Psaron ten olomavri rahi of one of its sons, Konstantinos Kanaris. A down the proud Psariot flag that flew over perpatontas e Doxa monahi, virtuoso of the dreaded fire-ship, this in- the fort, 2000 Turks stormed it. The moment meleta ta lambra palikaria, trepid Psariot captain avenged the brutal they entered the fort, Antonios Vratsanos lit kai stin komi stephani phorei massacre of Chios (1822) by setting fire and the fuse to a magazine of gunpowder, blow- yinomeno ap ta liga hortaria destroying the flagship of the Turkish fleet ing up all the Psariots along with their pou eihan meni stin eremi yi. lying at anchor offshore the devastated is- enemy. The valiant Psariots, defenders of land. This and similar exploits brought their liberty, were faithful to their flag. On Psara’s all-blackened ridge, Kanaris international fame. Across the At- They chose to die rather than to live as Glory walking alone lantic, Herman Melville described in Moby slaves. A French officer who heard and saw mediates on noble heroes. Dick how ‘‘the pith and sulphur-freighted the explosion compared it to a volcanic erup- And on her hair She wears a crown brigs’’ of ‘‘bold’’ Kanaris ‘‘issuing from their tion of Vesuvius. made of the few blades of grass midnight harbors . . . bore down upon the By the end of July 4, 1824, Psara was no that had been left on the desolate earth. Turkish frigates, and folded them in con- more. Part of its population had been bru- Needless to say, no translation (including flagrations.’’ tally massacred. Another part had been mine) adequately conveys the extraordinary The spectacular victories of the Greek taken captive, cargo for the slave markets of pathos and beauty of Solomos’ masterpiece. fleets, especially those of the Psariots and Smyrna. And a part had managed to escape, His is the perfect tribute to the Psariots’ their fireships, quickened hopes of independ- including Kanaris. No one remained on the glorious passion for freedom. ence. At the same time, they convinced the island except, so it was said, for one monk. One hundred and seventy-one years later, Sultan that unless he crushed these island- The fine houses and twenty churches of the the story of Psara that inspired Solomos ers, he would never command the seas and town were looted. Finally, the town was set still deserves to be told. thus never invade Greece where the popu- on fire. Although surviving seamen from In 1824, the Greek War of Independence, lation was determined to defend its liberty. Psara never stopped sailing against the begun on 22 March 1821, was in its fourth He decided therefore to paralyze the Greeks Turks, a Psariot fleet no longer existed to year. The people of Psara had been among by destroying Psara and Kasos, their two frustrate the Sultan’s plans. the first to join the Revolution. Moreover, most exposed naval stations. Especially The refugees from Psara were settled on Psariots had also been among the first to angry at the Psariots, he asked for a map in Monemvasia and on Euboea where they join the secret revolutionary Society of order to locate their home base. Having lo- founded the village of New Psara. Psara it- Friends (Philiki Hetairia) founded in Odessa cated tiny Psara, he vowed to wipe it off the self remained under Turkish control until (1814). map, out of existence. To this end, he or- 1912. On Easter Sunday, April 23, 1821, at a sol- dered a great fleet to be assembled at Con- Notwithstanding the passage of 171 years emn meeting of the entire population, the stantinople. Its sailors and soldiers were since July 4, 1824. Glory still walks on the people of Psara declared themselves free and promised twelve times the prizes and booty hallowed rocks and mountains of tiny Psara. independent. (On that same day in Con- received at the holocaust of Chios two years And with her let us meditate and honor the stantinople, the Turks hanged the Patriarch earlier. heroic islanders for whom liberty was more and began a reign of terror against the Greek Kasos was destroyed first. In early June a precious than life. population in the empire.) large fleet from Egypt manned by 3000 Alba- At this point I yield to the gen- On Psara, the people raised a flag of their nians attacked the island. 500 Kasiot seamen tleman from Pennsylvania [Mr. KLINK] own design. Their flag was made of white fell in the fighting. 2000 women and children who I know has a long five or so hour cloth bordered with red. The name of the is- were captured, destined for the slave mar- drive to Pittsburgh to his home. He land appears at the top in red letters. Stand- kets of Alexandria. Plunder and looting were ing on a crescent in reverse, a large red cross could have left better than an hour ago allowed for twenty-four hours. after the last vote, but decided to stay dominates the flag. The cross is flanked on The destruction of Kasos previewed the one side by a sword, on the other by a ser- fate that awaited Psara. In mid-June, at a to be a part of this special order. pent killed by a bird. Straight across the flag meeting in the historic church of St. Nich- Mr. KLINK. Mr. Speaker, the chair- are inscribed in bold, red capital letters the olas, patron saint of sailors, it was decided man is very kind. I thank him for words Eleftheria e Thanatos (Liberty or to fight to the death on the island for the is- yielding. I will tell the Speaker that I Death). land. To ratify the decision, a solemn liturgy am very proud to join all of my col- The red color, the symbols, the words, all was then celebrated, at which the people of leagues here today, particularly proud expressed the Psariots’ determination to win Psara vowed again that they would die rath- to join Chairman BILIRAKIS, because we their freedom. Their choice lay between two er than surrender. share not only a Greek heritage to- absolutes. No compromise was possible. If The formidable fleet from Constantinople Psariots could not be free, they would die. In arrived on July 1. The armada consisted of gether, but it just so happens our fami- July 1824, the proud flag of Psara proved 180 ships of different types. Aboard were lies came from the same small island of tragically prophetic. 14,000 soldiers, including a number of the Kalimnos in the Aegean Sea. So we are From the beginning of the struggle for feared Janissaries, trained and ready to land very proud as Kalimnosians that we Greek independence, the brave sailors and and fight on the island. On July 2 Greeks and were able to represent not only our dis- captains of the tiny Aegean island had dedi- Turks exchanged some indecisive fire, en- tricts and our people here, but those cated their lives and ships to the sacred couraging the Psariot defenders that they people of our forefathers who settled cause, freedom from Ottoman rule. No soon- could hold their positions. and worked very hard on that tiny is- er had the Psariots declared their independ- The battle for Psara began the next morn- ence than their little ships sailed out to ing. During the night Turkish troops had land. fight. Cruising up and down the sea from the landed on the unprotected north and now When you look back at the quotes Dardanelles to Rhodes, they terrorized the threatened the town in the southwest corner that have been made about this Nation, Turkish population all along the Asia Minor of the island. French officers left vivid ac- about this great Nation of the United coast. They destroyed or captured Turkish counts of ‘‘le spectacle’’ they witnessed from States that we are so proud to live in, ships, thus paralyzing Turkish attempts to two ships nearby. Despite desperate Psariot and you look at the quotes that were supply their forces in Greece. Although resistance to the Turkish advance, they were made about Greece, it is hard to dif- Psara was the smallest of the four ‘‘naval is- overpowered. ferentiate one from the other. For ex- lands,’’ her sailors participated con- Nevertheless, they inflicted heavy casual- spiciously in every naval campaign against ties on the enemy and died fighting. Not a ample, I will read a quote. It says, the Turks from 1821–1824. Sometimes they single Psariot laid down his weapon. ‘‘Our Constitution is called a democ- fought alone. The failure of the Turks to At the sight of the Turks on the hills above racy because power is in the hands not crush the Greek ‘‘rebellion’’ after three the town, panic seized the population. While of the minority, but of the whole peo- years was in large measure due to the ex- the fleet shelled the town, women with their ple. When it is a question of settling ploits of the sailors and ships from Psara, children jumped to death on the rocks or in private disputes, everyone is equal be- Hydra, Spetses, and Kasos. the sea. Men, women and children rushed to fore the law. When it is a question of True children of the Aegean (it was said the shore, hoping to escape in overcrowded putting one person before another in that Psariots went to sea at age six), their boats. Many of these capsized, covering the sailors were the most daring, their captains sea with corpses. Fierce fighting took place positions of public responsibility, what the most skillful, and their little ships the in the town. The streets ran with blood. The counts is not a membership of a par- lightest and fastest. Always outnumbered French officers described the day as one of ticular class, but the actual ability and outgunned, again and again they proved carnage. which that man possesses.’’ H 3800 CONGRESSIONAL RECORD — HOUSE March 24, 1995 b 1515 the common man on the wheel of des- On February 9, 1994, I assembled a Those comments were not made in tiny—brings with it dangers as well. delegation letter to President Clinton. this Nation although they could have Freedom often brings with it old antag- The letter expressed our extreme dis- been made. They were made by Pericles onisms, nationalist disputes that must appointment and disagreement with in an address in Greece 2000 years ago be reconciled—and the old truism that the administration’s decision to recog- and Plato of ‘‘The Republic’’ said de- warfare is only an extension of diplo- nize the ‘‘former Yogoslav Republic of mocracy is a charming form of govern- macy is no better demonstrated than Macedonia’’ under that name. ment, full of variety and disorder, and in the Balkans. The letter also stated to the Presi- dispensing a kind of equality to equals The former Yugoslavia—cobbled to- dent that ‘‘this issue is a bipartisan and unequals alike. gether out of many competing ethnic one that has strong support in the Con- Again, those same comments would factions and for years held together by gress’’ and that ‘‘we fear that this for- be made for our Nation. I enjoyed the the force of communism—has frag- mal recognition sends precisely the bit of history lesson that we got from mented, often explosively. Fighting wrong message’’ to Skopje and Greece our colleague, Mr. GEKAS. I appreciated continues over Bosnian independence ‘‘at precisely the wrong time. The pros- also the fact that as we take a look at and in Yugoslavia’s southern region an pect of peace in the region will not be the 174 years of Greek independence, old dispute threatens the cradle of de- enhanced by your action; indeed, it that our other colleague, Mr. GILMAN, mocracy, Greece itself. may very well be compromised.’’ also brought the comment, none of us In 1945, the Greek Government pro- In times such as these, we must re- can be truly free if all of us are not tested when Yugoslavia’s Communist flect on democracy as a goal worth the free. He talked about over 20 years ago dictator, Tito, usurped the name ‘‘Mac- effort in ensuring its peaceful attain- the invasion of Cyprus and the fact edonia’’ for a province carved out of ment. Indeed, we must reflect seriously that 1600 Greeks are still unaccounted southern Yugoslavia to diminish the on the democratic principles offered by for, and American citizens are still not power of Serbia. This served only to in- ancient Greece. accounted for, and we in this body need flame competing interests in a region The ancient Greeks forged the very to stand up to make sure that there is stretching well beyond the borders of notion of democracy, placing the ulti- an accounting given for those Greeks Yugoslavia and unstable since the days mate power to govern in the hands of and those Americans that we do not of Alexander the Great. the people themselves. The dream of know what occurred to them over 20 While this province now understand- self-rule was made reality as our years ago. ably seeks its sovereignty, the concept Founding Fathers drew heavily on the Thomas Jefferson said of the ancient of Macedonia must in no way be re- political and philosophical experience Greeks, we are all indebted for the stricted within the borders of this tiny of ancient Greece in forming our Gov- light which has led ourselves, speaking land. To recognize this province as an ernment. For that contribution alone of the American colonists, out of Goth- independent nation under the name we owe a great debt to the Greeks. ic darkness. So again, the many things ‘‘Macedonia’’ would, I fear, unleash an- In the American colonial period, dur- that have brought these two nations tagonisms already bubbling at the boil- ing the formative years of what would together. We have inspired each other. ing point. be our great Republic, no feature was Our Government here being inspired of European leaders—among them the more prominent than the extent to what the vision of quality and of demo- former Greek President Constantine which Greek and Roman sources were cratic debate that was that of the Karamanlis, himself a Macedonian— cited by the framers of the Constitu- Greeks and the Greeks during some have been voicing concerns to the Eu- tion. The very basis of our Constitu- very hard times when they were under ropean community over the Republic’s tion derives from Aristotle and was put the domination of the Ottoman Em- request for recognition as an independ- into practice in ancient Rome, in 18th- pire, drawing their power, drawing ent state. century England and in the early State their light from an American Revolu- As recounted in the New York Times, constitutions, before it was given its tion that had taken place just over constitutional language regarding a fu- national embodiment by the Conven- four decades earlier, a Greek com- ture ‘‘union’’ of the wider lands of an- tion of 1787. mander in chief appealed to the citi- cient Macedonia—which reach into The overriding appreciation was for zens of the United States and he said, Bulgaria, Albania, and Greece—spark Aristotle’s sense of balance, since the having formed the resolution to live or resentments and suspicion. Promises to Delegates viewed the tyrant and the die for freedom, we are drawn toward protect the cultural, economic, and so- mob as equally dangerous. Indeed, both you by a just sympathy since it is in cial rights of Macedonians in surround- James Madison and John Adams em- your land that liberty has fixed her ing countries are equally ominous. phasized what Aristotle had written in abode, and by you that she is prized as More blatant still are maps that have ‘‘The Politics,’’ that ‘‘the more perfect by our fathers. Hence, honoring her been circulated in the region and bear- the admixture of the political ele- name we invoke yours at the same ing the seal of the Macedonian Na- ments, the more lasting will be the time. Trusting that in imitating you, tional Liberation Army; maps that de- state.’’ we shall imitate our ancestors and be pict the envisioned nation of Macedo- Through the recognition of the idea thought worthy of them if we succeed nia with borders reaching into eastern of a separation of powers, a system of in resembling you, it is for you, citi- Albania, southwestern Bulgaria, and a checks and balances was instituted in zens of America, to crown this great full quarter of mainland Greece. American Government. Thus, as an- glory. In short, Mr. Speaker, there is much other of the ancient Greeks, Polybius, That is true. We honor each other more at stake here than a name. Rush- foresaw and wrote, ‘‘when one part, with our governments. It is true that ing in with official recognition could having grown out of proportion to the by being Americans, we have the dis- add another Bosnia-type conflict to a others, aims at supremacy and tends to tinct honor, Mr. Chairman, Mr. BILI- region already suffering from wide- become too dominant * * * none of the RAKIS and I happen to have Greek spread violence. As Greek and other three is absolute * * *.’’ blood. I will talk about Percy Bysshe European officials recognize, freedom Our Founding Fathers were eager to Shelley who said, and this is a great is indeed a magnificent thing, a pre- relate the American experiment to the quote, ‘‘We are all Greeks, our laws, cious gift, but unless existing dif- efforts of the ancient Greeks to estab- our literature, our religion, our art, all ferences are peacefully reconciled now, lish a balance of powers. Such a rela- have their roots in Greece. And so we very dark days could lie ahead. tionship, it was hoped by the framers, are all brothers together.’’ Regrettably, however, the adminis- would permit America to escape the Mr. BILIRAKIS. I thank the gen- tration on February 8, 1994, went ahead disintegration of Government that had tleman for staying to join in this spe- unilaterally with recognition of Skopje proven inevitably fatal to other politi- cial order. It is great to have gotten to under the provisional name of the cal systems throughout history. know him. ‘‘former Yugoslav Republic of Macedo- It is the example of the ancient We have seen over the years that de- nia.’’ Many of us here in Congress were Greeks that we celebrate each March mocracy—which places the hands of dismayed by this decision. 25, that and the return of democracy to March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3801 Greece on this day of glory for the tions. They are to be saluted and Today, as the tragedy in the Balkan region Greek people. The spirit of democracy thanked again and again. continues, it is important that the United and of this day lives on in the defense Thank you. States and Greece take that same cooperative of the principles for which so many of Mr. SCHUMER. Mr. Speaker, I rise before action they took to defend the world from the the free world’s citizens have given you today to bring to your attention to the im- enemies of freedom and democracy 50 years their lives. portance of Greek Independence Day tomor- ago. Once again, our two countries must work Mr. Speaker, today we celebrate to- row, March 25. Greek Independence Day is together, this time, to end the violence in the gether with Greece in order to reaffirm an important day in our Nation not only to former Yugoslavia and promote lasting peace. the democratic heritage that our two those of the Greek heritage, but to all Ameri- On this historic Greek Independence Day, I nations share so closely. These prin- cans. This day commemorates the unique urge you, my colleagues, to join me in paying ciples are not uniquely Greek or Amer- bond Greeks share in our commitment to de- tribute to the contributions of individuals of ican, but they are our promise to the mocracy. The democracy that originated in Greek heritage to the American cultural mo- world—and they form a legacy that we Greece 2,500 years ago was the inspiration of saic and to the world. Let us celebrate the cherish and have a responsibility to our Founding Fathers when creating our success of our past efforts together and en- protect and defend. democratic system. As James Madison and sure that they will continue well into the future. Moving now to another current event Alexander Hamilton wrote, Mr. PORTER. Mr. Speaker, as many of my of consequence. The Greek-Orthodox Among the confederacies of antiquity the colleagues know, I feel very strongly that, in faith faces yet another potentially ex- most considerable was that of the Grecian the wake of the cold war, the United States plosive situation. Recently, there have republics . . . From the best accounts trans- must remain engaged overseas and exercise been successive terrorist attempts to mitted of this celebration institution anal- our new status as the only remaining super- ogy to the present confederation of the power to promote our values of democracy, desecrate and destroy the premise of American states. the Ecumenical Patriarchate in the human rights, rule of law, and free markets to Fanar area of Istanbul [Constantino- As Members of Congress, serving in this the far corners of the globe. As telecommuni- ple], in Turkey. body born out of Greek ideals, Greek Inde- cations and transportation systems grow faster On the night of March 30, 1994, three pendence Day will be a celebration of our and cheaper and international trade becomes bombs were discovered in the building common bond to liberty and freedom. To this more and more important in our economy, it where the Patriarch—the first among day my constituents of Greek descent are becomes increasingly evident that our Nation equals in the Orthodox Church and the proud of the influence their heritage has had has strong interests overseas that need to be spiritual center for more than on this country-and so am I. addressed and nurtured rather than ignored. 250,000,000 Orthodox Christians world- It is very appropriate as we salute Greece's In this period when our former rival, the So- wide—lives. past that we also salute the strong bonds be- viet Union, lies shattered into pieces and tween us in the present and future. Greece greatly weakened militarily and economically, Fortunately, the bombs were discov- and the Untied States have developed close it is easy to be tempted to forget the impor- ered before any harm was done to the ties, as members of both NATO and the Euro- tance of our close allies around the world and Patriarchate. However, since that pean Community. Greek civilization is alive; it take for granted our good relations with tradi- time, the Patriarchate has received no moves in every breath of mind that we tionally friendly nations. During World War II further protection from Turkish offi- breathe; so much of it that none of us in one and the darkest days of the cold war, some cials. Turkish officials have also been lifetime can absorb it all. nations stood side by side with the U.S. lackadaisical in investigating who the March 25th marks the 174th anniversary of against the forces of totalitarianism. perpetrators are that planted those ex- the revolution which freed the Greek people Greece is one of these nations. Greece and plosives. from the Ottoman Empire. Let us continue to the United States have had excellent diplo- Therefore, I plan to introduce legisla- celebrate the independence of a nation that matic relations for over 150 years and, as oth- tion that would express the Sense of has contributed so much to our country. ers have mentioned here today, Greece is one the Congress that the United States Mr. ENGEL. Mr. Speaker, I rise today in ob- of only three nations allied with the U.S. in should use its influence with the Turk- servance of Greek Independence Day, com- every major conflict in the 20th century. The ish Government as a permanent Mem- memorated this Sunday, March 25, 1995. I am people of Greece and the United States also ber of the United Nations Security proud to join the millions of people of Greek share many values in common. As nearly Council to suggest that the Turkish heritage around the world in commemorating every Member in this Chamber knows, Greek- Government ensure the proper protec- the 174th anniversary of the freeing of Greece Americans are a vibrant and integral part of tion for the Patriarchate and all Ortho- from the Ottoman Empire. I also stand today the American fabric who are active role mod- dox faithful residing in Turkey. to express pride in celebrating the common els in their communities. Furthermore, my bill asks the Turk- bond that links our two peoples togetherÐthe I join with my colleagues in celebrating the ish Government to do everything pos- commitment to democracy and love of free- 174th anniversary of the independence of sible to find and punish the perpetra- dom. Greece from the Ottoman Empire. This day tors of any proactive and terrorist act As Thomas Jefferson said, ``* * * to the an- has been billed as a ``National Day of Celebra- against the Patriarchate. cient Greeks * * * we are all indebted for the tion of Greek and American Democracy'' and I would ask all of my colleagues who light which led ourselves out of Gothic dark- it truly is a celebration of the bond between believe in the first amendment’s free- ness.'' For indeed, ancient Greece gave birth the two nations. During the Greek War for dom of religion, to sign on to this very to the ideals of democracy that guided our Na- IndependenceÐbegun a mere 45 years after important bill of particular interest to tion. Our Founding Fathers nurtured those the American colonists declared independence the more than five million orthodox same ideals to build stable democratic society in PhiladelphiaÐthe Greek freedom fighters faithful that reside in the United founded on justice and equality. In turn, the tool inspiration for an understandable source, States. United States provided inspiration to Greece the U.S. Declaration of Independence, which ‘‘Democracy,’’ in the words of the during its own valiant struggle for freedom in is reported to have been circulating freely American clergyman Harry Emerson the 1820s. Our Declaration of Independence among the Greek troops. In many ways, the Fosdick, ‘‘is based upon the conviction served as a model for Greece's own Declara- drafting of the Declaration of Independence that there are extraordinary possibili- tion of Independence. and the emergence of democracy in North ties in ordinary people.’’ It calls upon Greece is a valued member of the inter- America in 1776 is a continuation of the proc- each and every one of us to rise above national community, of NATO and of the Euro- ess begun in the agora at the foot on the ourselves, to understand that freedom pean Union. It is one of only three nations, be- acropolis over 2,000 years ago. Both the requires sacrifices both large and small yond the former British Empire, in the world Greek and American societies have, and con- and to recognize that the common man that has supported the United States in every tinue to, draw inspiration and strength from is capable or magnificently uncommon major international conflict in this century. each other. actions. Over 600,000 Greeks died fighting on the side Mr. Speaker, I thank the gentleman from The people of Greece in the early of the Allies in World War II. We remember Florida [Mr. BILIRAKIS], for calling this special years of the last century were cer- them today for their valiant struggle against order and I am pleased to extend my con- tainly common, ordinary people who fascism and their later battle against com- gratulations to the people of Greece and the rose to extraordinary, uncommon ac- munist expansion. Greek diaspora. I urge all Members to take H 3802 CONGRESSIONAL RECORD — HOUSE March 24, 1995 the opportunity to reflect on the history of de- laration of Independence and used it as their ence on our society. One only needs to visit mocracy and to also reflect on the future of own as they pursued freedom. a museum or art exhibit to discover how an- democracy and America's obligation to pro- Over the years, Greece and the United cient Greek art flourishes, thousands of years mote government by the people the world over States have been close allies. In fact, Greece after its creation. If one goes to the theater, rather than stepping back at this important has been allied with the United States in every one can observe how our plays of today bor- point. major international conflict in this century. Dur- row heavily from the dramatic conventions es- Mr. FRELINGHUYSEN. Mr. Speaker, for ing World War II, fully 9 percent of the Greek tablished so many years ago by the ancient Greek-Americans and those who practice the populationÐover 600,000 dedicated individ- Greeks. Greek Orthodox faith, I rise in their honor to ualsÐfought and died in pursuit of the Allied Mr. Speaker, Greek-Americans have pro- join in the commemoration of the 174th anni- cause. Likewise, as the Greek people fought vided substantial contributions to our society. versary of Greek Independence Day. Communist rebels after that war, the American In the medical profession, for example, Dr. Our mutual respect for freedom and liberty people were committed to their success. George Kotzias discovered L-dopa to help for all mankind dates back to the late 18th Our relationship over the years is clear fight Parkinson's disease, and Dr. George Pa- century when our Founding Fathers looked to proof of the strength both of democracy and of panicolaou developed the Pap test for cancer. ancient Greece for direction on writing our alliances of free peoples. And our ties have In the world of sports, Pete Sampras, a own Constitution. Benjamin Franklin and added immensely to world culture and knowl- Greek-American tennis champion, has thrilled Thomas Jefferson persuaded a noted Greek edge. All Americans have benefited by the millions of fans the world over with the bril- scholar, John Paradise, to come to the United contributions of our Greek-American friends. liant, fast-paced play that puts him at the very States for consultation on the political philoso- Thanks to Dr. George Papnicolaou, lives have top of the game. But, beyond recognizing the phy of democracy. Later, the Greeks adopted been saved because of the Pap test which he celebritiesÐand there are many, many moreÐ the American Declaration of Independence as developed. Thanks to Dr. George Kotzias, suf- I would like to pay tribute to the millions of their own, sealing a bond which has endured fers of Parkinson's disease have found help in people of Greek descent who have enriched between our two Nations ever since. L-dopa. Thanks to Maria Callas, we have all our society with their hard work and commit- Tomorrow, March 25, marks the date when been blessed by the beauty of exceptional ment to family. They are the real heroes, living in 1821, the Greek people rose against four musical talent. And, thanks to many Greek- in every part of our country. centuries of Ottoman rule. Under the leader- American leaders, this Nation of ours is a bet- Mr. Speaker, I am proud to participate in the ship of Alexander Ypsilanti, for 8 years, the ter land than it would otherwise have been. celebration of Greek Independence Day. The Greek people fought valiantly in pursuit of As we recognize this special occasion, let Greeks have given much to our society and freedom and self-rule. In 1827, allied forces fi- us all join together in support of a strong and surely must be recognized for their achieve- nally lent support, and in 1829, not only did secure Greece. Our two democracies have ments and influences. they defeat the Turkish forces, but they also nurtured one another at times of stress and Mr. TORRICELLI. Mr. Speaker, I rise today gained recognized independence by the very our cultures have enriched each other in many in celebration of Greek Independence Day, oppressive power they overthrew. ways over the years. Today, as in years past, which will take place tomorrow, March 25, The Greek people continued their struggle I pledge my full effort to maintain the ties 1995. Greek Independence Day is a national against the threat of nondemocratic regimes which have served both of our Nations so day of celebration of Greek and American de- into the 20th century. At the height of World well. I urge every American to join in this cele- mocracy. War II, when Nazi forces appeared to soon bration of freedom, democracy and friendship This day marks the 17th anniversary of the overrun Europe, the Greek people fought cou- between Greece and our own United States. beginning of the revolution which freed the rageously on behalf of the rest of the worldÐ Mr. PALLONE. Mr. Speaker, I rise today to Greek people from the Ottoman Empire. The at a cost of a half a million lives. Prime Min- pay tribute to Greek Independence Day, and I Greeks were finally liberated after years of op- ister Winston Churchill declared: ``In ancient wish to thank my colleague from Florida [Mr. pressive treatment and civil rights violations. days it was said that Greeks fight like heroes, BILIRAKIS] for organizing this tribute to the long Their communities were slowly deteriorating; now we must say that heroes fight like history of friendship and shared values be- schools and churches were being closed Greeks.'' tween Greece and America. Indeed, Mr. down, and Christian and Jewish boys were During the Truman administration, the Unit- Speaker, it is difficult to imagine what life in kidnapped and raised as Moslems to serve ed States finally realized Greece's unwavering America, and throughout the Western world, the Sultan. commitment to democracy. President Truman, would be like if it hadn't been for the genius Greece is one of only three nations in the recognizing this commitment, included Greece of the first Western society: Greece. Clearly, world allied with the United States in every in his economic and military assistance pro- our own society would be much poorer if it major international conflict this century. During gramÐthe Truman doctrine. And, in 1952, were not for the influences of the many sons the early 1900's, one in every four Greek Greece joined the North Atlantic Treaty Orga- and daughters of Greece who have come to males between the ages of 15 and 45 de- nization, which was later tested when Russia this country and made such lasting contribu- parted for the United States. Through their ex- threatened to crush the Acropolis unless tions in so many fields. traordinary compatibility with the people of Greece abandon the alliance. Greece stood When our country's founding fathers created America, Greek-Americans became very suc- firm. our system of government, they turned to the cessful in the United States. Mr. Speaker, tomorrow marks Greek's ac- ancient Greeks' philosophy of democracy. In a The American Revolution became one of complishment as an independent Nation and, speech made well over 2,000 years ago, Peri- the ideals of the Greeks as they fought for more importantly, this day symbolizes their cles stated, ``Our Constitution is called a de- their independence in the 1820's. Greek intel- continued defense of democracy which mocracy because power is in the hands not of lectuals translated our Declaration of Inde- thought first began in 510 B.C.Ðin Athens. a minority but of the whole people.'' This con- pendence and used it as their own declara- I am grateful for the opportunity to join in cept is the underlying foundation of our Na- tion. The second generation of Greek-Ameri- observing this very important celebration. To- tion's Government. cans currently rank at the top among Amer- morrow I will remember where our own demo- Not only did the Greeks provide us with our ican ethnic nationalities regarding their median cratic principles were derived, and I will honor Government's overarching fundamental con- educational attainment. the countless, invaluable contributions Greek- cepts, but they also helped our Nation battle In 1953, after Greece's post-World War II Americans brought to this country. The more and ultimately defeat communism. Between struggle against the Communist rebels, Presi- than 700,000 Greeks who have come here, the years of 1944 and 1949, Moscow, along dent Dwight D. Eisenhower appropriately said: have benefitted us with a stronger, civilized with Communist Yugoslavia, attempted to take . . . Greece asked no favor except the op- and more cultured heritage. Mr. Speaker, I sa- over Greece. United States support and Greek portunity to stand for those rights which it lute Greek-Americans for their outstanding determination crushed the Communist take- believed, and it gave to the world an example achievements. over. Had it not been for the defeat of the of battle, a battle that thrilled the hearts of Mrs. LOWEY. Mr. Speaker, 174 years ago Communist regime, the former Soviet Union all free men and free women everywhere. today, the Greek people began their revolution would have gained access to and domination Mr. Speaker, as a supporter of issues of in pursuit of independence from the Ottoman of vital Middle East oil supplies. Our Greek concern in the Greek-American community, I Empire. In doing so, just as our Founding Fa- NATO ally played a critical role in ending the am proud to recognize this population and thers looked to the ancient Greek democracy Communists' dictatorial reign in Europe. their interests. Greek civilization touches our in establishing our own form of government, The arts and humanities provide one of the lives as Americans, and enhances the cultural Greek intellectuals translated our own Dec- most visible areas to witness the Greek influ- existence of this great Nation. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3803 Mr. CRANE. Mr. Speaker, it is, indeed, a Greek and American friendship and democ- commitment to freedom and democracy. It is pleasure and an honor to join in this com- racy. a symbol of the mutual respect and shared memoration of Greek Independence Day: A Mr. Speaker, March 25, 1995, will mark the values between our two countries. On this day National Day of Celebration of Greek and 175th anniversary of the beginning of the rev- we are reminded of our own indebtedness to American Democracy. olution which freed the people of Greece from Greece, the birthplace of democracy. It is fitting that the House of Representatives nearly 400 years of the oppressive and suffo- I commend my colleague, the distinguished is the scene for this observance, as this cating rule of the Ottoman Empire. We as gentleman from Florida [Mr. BILIRAKIS], for call- Chamber is an arm of the Government which Americans, as well as each of the new and ing this special order, and I thank my col- leads the world in guaranteeing freedom for its older democracies of the world, owe much to leagues for their involvement. citizens. And, it was ancient Greece which the country of Greece because of their impor- Ms. PELOSI. Mr. Speaker, I would like to really invented democracyÐgiving to the peo- tant role in fostering the freedom and democ- thank my colleague from Florida, Mr. BILI- ple the true power to govern themselves. racy we know today. RAKIS, for calling this special order tonight to Saturday, March 25, mark the 174th anni- The relationship between Greece and the commemorate Greek Independence Day. versary of the beginning of the revolution that United States is one based on mutual respect On Saturday, March 25, we will celebrate freed the Greek people from the Ottoman Em- and admiration. The democratic principles Greek Independence DayÐa national day of pire. What could be more appropriate than for used by our Founding Fathers to frame our celebration of Greek and American democ- the United States to observe that occasion Constitution were born in ancient Greece. In racy. This date marks the 174th anniversary of with Greece. It is a time to again rejoice in the turn, our Founding Fathers and the American the revolution which ultimately resulted in democratic heritage which links our two na- Revolution served as ideals for the Greek peo- Greece's independence from the shackles of tions. ple when they began their modern fight for the Ottoman empire. independence in the 1820's. The Greeks As our Founding Fathers successfully drew On this occasion, it is fitting to reflect on the translated the United States Declaration of up the Constitution for this countryÐa docu- important bonds between our two countries. Independence into their own language so ment which has never been equalled in the Just as the writings of Plato and Aristotle they, too, could share the same freedoms of over two centuries which have passed since served to inspire our Founding Fathers during the United States. its signingÐthey had a historic outline to work the American Revolution, Greek patriots fight- Mr. Speaker, in modern times, the relation- from. That outline was provided by the leaders ship between the Greeks and the United ing for their independence during the 1820's of ancient Greece who succeeded in defining States has only grown stronger. Greece is one were equally inspired by Jefferson, Madison, and granting freedom to their people. of only three nations in the world that has al- and George Washington. Our friendship has been linked not only by lied with the United States in every major Greece's contributions in the fields of cul- our democratic foundations, but by the blood international conflict this century. More than ture, drama, arts, architecture, and philosophy the soldiers of each country shed as they 600,000 Greek soldiers died fighting against have led the world. In addition, as Atlanta pre- joined to fight common enemies in both World the Axis Powers in World War II. After World pares for the 1996 Olympiad, we should re- War I and World War II. War II, the Greek soldiers returned to their member Greece as the birthplace of the mod- May these two great nations continue their homefront to again defend their democratic ern Olympic games. friendship and may their citizens continue to foundation from the threat of Communist In my district of San Francisco, the contribu- enjoy the freedom that has been theirs for al- rebels. Fortunately, democracy prevailed and tions of the Greek-American community are a most two centuries in the case of Greece, and Greece emerged the strong and victorious na- vital part of my city's diverse community. I am for over two centuries for our own Nation. tion it is today. proud of the Greek community's successful Mr. REED. Mr. Speaker, on March 25, Mr. Speaker, on this occasion commemorat- participation in all facets of American life. 1821, Greek patriots declared their independ- ing the strong relationship between the United Again I thank my colleague, Mr. BILIRAKIS, ence from the Ottoman Empire. The 174 years States and Greece, I would like to urge my for calling this special order and join him in that have passed since that important day colleagues to join me in cosponsoring House recognizing the 174th anniversary of Greek have tested the Greek people, as the whole Concurrent Resolution 31 introduced by Con- Independence Day. world has also been tested by those who seek gresswoman MALONEY. This legislation sup- Mr. BATEMAN. Mr. Speaker, today marks to dominate free men and women and crush ports the country of Greece in its efforts to the 174th anniversary of the declaration of the human spirit. bring about peace within the neighboring Greek independence from the Ottoman em- However, throughout the centuries it could former Yugoslav Republic of Macedonia. pire. It is with great pleasure that I salute the always be said that the valor, courage, and Mr. Speaker, in honor of Greek Independ- Greek people and join in the celebration and love of freedom by the Greek people has ence Day, I celebrate the strong and lasting remembrance of this day. never waned. bond between the people of the United States Ages ago, Greek culture began as Indo-Eu- The defense of independence by Greeks and Greece. I urge my colleagues to join me ropean migrants settled among the people of has always been a constant in the world, but on this special day in paying tribute to the wis- Minoan and Mycenean civilizations. Out of this in the years since the Founding of America, dom of the ancient Greeks, the friendship of diversity came a dynamic people whose cul- another truth has emerged in the history of modern Greece, and the important contribu- ture has been a bright spark of innovation and Greek people. * * * and that is the special re- tions Greek-Americans have made in the Unit- creativity upon the stage of human history. lationship between the United States and ed States and throughout the world. Among its great accomplishments, Greece Greece. Mr. FAZIO. Mr. Speaker, I am pleased as led the world for more than three millennium There are an estimated 3 million Greek- always to rise in support of our annual special with its cultural innovation, intellectual pursuits Americans living in the United States today. order in recognition of Greek Independence and scientific inquiry. From homeric tradition to From the boardroom, to the operating room, Day. Alexander, through the birth of the Socratic from the halls of Government to the halls of Democracy eluded Greece and its people method, Aristotelian logic and countless artis- academia, Greek-Americans have made a sig- for nearly 400 yearsÐfrom the fall of Con- tic and architectural endeavors, the Greek nificant contribution to all aspects of American stantinople in 1453, until Greece declared its people have left an indelible impression on culture. The positive contribution made by independence in 1821, and finally gained its mankind. Greek-Americans to American society has freedom from the Ottoman empire nearly 10 Of all the contributions Greece made toward been especially true in my home State of years later. Yet, it is in Greece where democ- the betterment of the human race, the most Rhode Island, where a proud and prosperous racyÐthe people's governmentÐwas born. As enduring achievement has been democracy. Greek-American community has helped enrich the poet, Percy Bysshe Shelley declared, ``We Majority rule with full respect for the rights of the lives of all the citizens of our State. are all Greeks. Our laws, our literature, our re- the minority, indeed the basic concept of in- In recognition of Greek Independence Day, ligion, our art, have their roots in Greece.'' herent equality of all people before the law I wish to extend my deepest respect and And as Thomas Jefferson noted, ``* * * to the were revolutionary concepts in the organizing warmest congratulations to all Greek-Ameri- ancient Greeks * * * we are all indebted for of society and human civilization. From the cans and all the citizens of Greece. the light which led ourselves out of Gothic Greek example, our forefathers chose democ- Mr. MANTON. Mr. Speaker, I am proud to darkness.'' racy among all other political structures to be rise today to join my colleague, Mr. BILIRAKIS, Greek Independence Day is a tribute to the the basis of our country. Inspired by our suc- in celebrating Greek Independence Day. courage, determination and perseverance of cess, the patriots of 19th century Greece Today we celebrate the lasting tradition of the Greek people, and to their love of and looked to our constitution as they created their H 3804 CONGRESSIONAL RECORD — HOUSE March 24, 1995 own and declared independence from the independence, the situation of Puerto issue of political status change for 15 Ottoman empire in 1821. Rico remains unresolved to some ex- years, sometimes the comment is made Our two countries share in embracing and tent, and the situation of Guam re- that you can’t ask for that because not nurturing an idea instrumental in bringing free- mains unresolved to a much greater ex- even States are allowed to do some- dom and prosperity to mankind. We take great tent. thing. Not even States are allowed to pleasure in wishing the Greek people well, The commonwealth draft act that we have that kind of authority over their and join in their celebration on this, the 174th have proposed is composed of 12 arti- own existence, so that somehow or anniversary of their independence and free- cles and it took approximately 5 years other State is seen as the apex of the dom. to draft, from its very beginning, system, as the standard against which f through an electoral process which was territories will be measured. And some- taken upon by the government of b 1530 times almost in the same breath you Guam on its own, despite the fact that will hear the subtle reminder, and, by GUAM COMMONWEALTH ACT the Federal Government, the U.S. Gov- the way, Guam will never be a State. ernment, is obligated and has willingly The SPEAKER pro tempore (Mr. There you have the amazing quan- placed small territories on a United FUNDERBURK). Under the Speaker’s an- dary in which small territories find Nations list of areas to be decolonized, nounced policy of January 4, 1995, the themselves. Small territories are com- the Federal Government and the Fed- gentleman from Guam [Mr. posed of U.S. citizens. What does it eral policy in these areas has been un- UNDERWOOD] is recognized for 60 min- mean to be a U.S. citizen from Guam utes as the designee of the minority clear, erratic, and inconsistent. At no versus a U.S. citizen from Wisconsin? leader. point in the entire history of Guam’s What does it mean to have your terri- Mr. UNDERWOOD. Mr. Speaker, this relationship with the United States has torial government relate to the Federal afternoon I want to go on record and the Federal Government ever taken the Government when you are fully aware discuss an issue that is of serious con- issue of political status on its own as that statehood is really not on the cern to people in small territories. It is an obligation to fulfill. It has always table for you? going to take a great deal of attention been instead an effort on the part of What do you need in order to reshape and I am going to provide it as much Guam to try to get at the substance of that relationship, catch the attention the issue that underline the problems context as I can because it is an issue of important people so that they under- that we face. that is frequently not understood in stand it, so that they understand that The commonwealth draft act is com- the context of national issues in the there are bits of America that are not posed of 3 basic parts: One deals with United States. likely to become States, how do you re- some historical injustices, some of Taking a page from the previous solve that fundamental principle that which I will touch on. Another deals speaker who discussed the meaning of you seek when you say you want politi- with the nature of the relationship be- democracy and the ties between Greece cal equality for citizens for everybody tween the government of Guam and the and the United States, I would like to, who is a U.S. citizen and yet they con- Federal Government. And the third in the same vein, talk about the appli- tinue to survive and exist in areas of deals with some economic issues which cation of democracy, the full applica- the United States which are small ter- tion of democracy, to the entire coun- remain areas of serious contention be- tween Guam and the United States, es- ritories not likely to be candidates for try, and not just the 50 States and not States and are living in a kind of per- just the District of Columbia but, in- pecially if we hope to develop in a more autonomous fashion. manent political limbo? deed, all of the offshore territories. That is why I feel very strongly that Today the United States holds a Our act, the Guam Commonwealth Act, H.R. 1046, works toward improving we need to push the envelop on this. number of offshore territories that are We need to conceptualize and think of small in nature, that are sometimes the Federal-territorial relationship be- what are some possible new relation- seen as not serious political issues, and tween Guam and the United States. ships which territories may aspire to are sometimes seen as areas that lead The commonwealth that we are propos- which will give them the dignity that idyllic existences that somehow don’t ing is something that has not been pro- they deserve, which will give them as merit the attention and consideration posed before. It is something that that they deserve. pushes the envelope of Federal-terri- individuals, as residents, as individual These include Guam, American torial relations. citizens the kind of dignity that they Samoa, the Commonwealth of the Currently whenever Guam asks to do deserve, because they have the same Northern Marianas, the Virgin Islands, something, we are constantly and it is basic obligations to this country. and Puerto Rico, Puerto Rico is a a mind-set and it is a natural mind-set, There is no area of the United States slightly different example from the it is something that is part and parcel that has provided on a per capita basis rest because the other four share some- of the American psyche when it comes as many people to join the armed serv- thing that Puerto Rico does not have to discussing issues of government, ices as has Guam. There are more peo- and, that is, that they share a very and, that is, that the Federal Govern- ple who died per capita in Vietnam in small size. Most of these areas have ment is seen only in its connection and comparison to other jurisdictions that populations that number under 150,000. its relationship to States. There are died from Guam. There is always the All but one, the Northern Marianas, is such things as State-Federal relation- quandary that there are people from represented in this body by a delegate. ships. There is the District of Colum- Guam who joined the service and are On February 24, 1995, I introduced bia, which in the Constitution has a asked to put their lives on the line for H.R. 1056 called the Guam Common- special relationship. But then there is the supreme sacrifice to that flag and wealth Act with 41 cosponsors from the case of territories in which the if by chance they happen to die, they both sides of the aisle. This draft act, Constitution refers to as having ple- come home in a casket under that flag, this commonwealth draft act that we nary, the Congress has plenary author- but lo and behold they cannot vote for are proposing and we are hopeful will ity over the territories but there is no President, lo and behold, they have no get the serious attention that it de- clear definition of what it means to voting representation in this House, serves during the life of the 104th Con- have Federal-territorial relations. and lo and behold, there is no mecha- gress represents the expressions of the Every time that in the past Guam at- nism, no Federal-territorial relation- hopes of the people of Guam that have tempts to do something to expand its ship which will give them the dignity been associated with the United States autonomy, sometimes that is compared and increased autonomy over their ex- since the Spanish-American War in on the basis of what is allowable in the istence that could perhaps compensate 1898. context of the Federal Government and for the fact that they will not ever be As a result of the Spanish-American the State relationship, Federal-State full States of the union. That is what War, the United States acquired the relationships. In fact, in many in- we are proposing and that is what we Philippines, Puerto Rico, and Guam. stances, in many discussions that I are putting on the table. The case of the Philippines was re- have participated in over the life of Since the arrival of the Clinton ad- solved after World War II with full being very directly involved with the ministration, there has been a lot of March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3805 attention to a concept called REGO, So what we have offered in our Com- Well, time is running short on this reinventing government. monwealth Draft Act is a process time period in the 104th Congress. If we which will, in a sense, compensate for do not get that person on board, if we b 1545 that, which will attempt to provide a do not get them on board in short Since the victory of the majority new mechanism to deal with that, be- order, then I fear that we will not be party, the Republican party, in Novem- cause we do not want to get into the able to complete the time, the process ber, there has been a lot of attention issue of whether voting representation of discussion which will inevitably lead addressed to devolution, the returning will resolve that issue, because that to a congressional hearing. of power to the States. The question, of will take a constitutional amendment. Guam’s relationship with the United course, that you must ask if you are a It is tough enough passing a constitu- States is a long one and is most known resident of a territory is that when the tional amendment when the issue has to most people, I guess, by the context, Federal Government says that they are serious national attention. The odds its military relationship, and, indeed, returning power to the States, does against passing a constitutional it is no surprise that that is the very that mean that they are returning amendment for territorial representa- reason, because of its military strate- power to the territories? And the an- tion in this House are long, very long, gic location, that Guam came to be swer is it is not clear. and I recognize that. part of the United States family to When the Clinton administration But instead, perhaps we could pass begin with. says they are reinventing government some legislation in this body mindful But the world is changing, and what in order to make it more user friendly of its responsibility to perfect and we have now on Guam is that at one and also create a new pattern, a new apply democracy wherever the U.S. point in time in our existence and espe- federalism, which will increase auton- flag flies and see if some kind of mech- cially in the time period after World omy in local governments, does that anism cannot be established by which War II and during the cold war, during include the territories? And again, the there is consent of the governed. the height of the cold war, Guam answer is not clear, because in point of And we have offered that in the con- played a very important and integral fact, neither the Republican Contract text of our Commonwealth Draft Act, part of a huge forward presence by the With America nor the reinventing gov- and we have labeled it mutual consent, United States in East Asia. Well, that ernment initiatives under Vice Presi- and basically what we are saying is time period has shifted, and good rela- dent GORE addreses territories. tionships and military security de- that if we pass this Commonwealth So there you have yet another item pends much more on good relationships Draft Act as it stands is that we say in which when you represent a small than it does on good weaponry, and so that in order to change the Draft Act it area like I do and the other Delegates the role of Guam in that process has should be incumbent on both sides to that represent small areas, in fact, shifted, and we recognize that. agree. That is in lieu of the fact we sometimes, I tell people that whenever But we sometimes get very confused have forgone the possibility of being I raise these issues, I get the response signals. In the recent proposal by the full in the sense of consent of the gov- that, you know, this was an oversight; Department of Defense, before the Base erned, but we are seizing upon a docu- ‘‘We forgot, we are sorry. It was not Realignment and Closure Commission, ment which will clearly outline and that we intended to forget about you. the Department of Defense has argued bring clarity to the nature of the Fed- It was an oversight.’’ And I have al- for the closure of four military facili- ways replied that one day if I was ever eral Government’s relationship with ties on Guam which will effectively put fortunate enough to become a commit- the territories. out of a job 10 percent of the entire tee chairman or a subcommittee chair- In this bill, the Guam Common- work force. This is an enormous cut. man, I would have an oversight hearing wealth Draft Act has been introduced. This has enormous impact. If this were on all the oversights that I have expe- This makes the fourth successive Con- carried out in the State of California it rienced, and certainly all the over- gress, two by my predecessor, the Hon- would have proportionately had the ef- sights that territories have experi- orable Ben Blaz, two by myself. In fect of cutting 1.5 million jobs. So the enced. that, we have always deferred to the magnitude of this proposal indicates So there is no clear answer in the administration, because we knew that that the nature of the relationship be- new federalism because there is no at- the administration has to get its sup- tween Guam and the United States is tempt to try to interpret what the new port behind it, and with the onset of entering a new transition period. federalism means in the case of some the Clinton administration, we were I would also like to point out that 4.1 million American citizens that live able to get a representative of that ad- even though military spending forms outside the 50 States. ministration in the period of I. Michael an integral part of the Guam economy, Now, one of the core principles of Heyman. A few weeks ago Mr. Heyman it is a declining part of the Guam econ- American government and one of the decided that he no longer wished to en- omy, and I would also like to point out core principles of democracy is that gage in this. It was not lack of inter- that Guam probably, among the small government flows from the consent of est. It was basically a concern about territories, is clearly the most self-suf- the governed, and yet clearly in the all the other responsibilities he has. ficient in terms of its economy. We case of the small territories, this is not What this means for us is that if the have approximately a million tourists the case. There is no consent of the administration does not replace Mr. a year come to Guam, primarily from governed in terms of passing the laws Heyman in short order, then valuable the Asian market. Two-thirds of the that are passed right in this body. This time will be wasted in terms of discuss- world’s people live within a 4-hour is the people’s House, we are always re- ing some of the specifics of the Draft flight from Guam, just to bring into minded, and I am a person, I think I Act with the administration so that a context the possibilities and the eco- am one of the people, but yet my pow- hearing can be held here in Congress in nomic possibilities of tourism and ers, my role of participation in this is which this administration comes with doing business on Guam, even for Unit- circumscribed. a coherent position. Because of the far- ed States interests, as they do business And in that, when they pass laws, the reaching nature of our Draft Act, in East Asia. full application of these laws are ex- which talks about taxation, which So we have opportunities, and we pected to fall with the same weight as talks about military issues, which have a great deal of self-sufficiency. In they would on citizens in Wisconsin or talks about transportation issues, as fact, in terms of the kinds of Federal Montana, as they would on the citizens well as the political relationship, we assistance that the Federal Govern- of Guam or American Samoa, and yet felt it, as did the administration, as did ment gives to Guam, we did an analysis there is no meaningful participation in the congressional leadership, that it is of this, and 35 States have a higher per- terms of voting by which you could le- most important that some kind of centage of direct Federal assistance gitimately say that there is consent of clear, coherent, comprehensive posi- into their local operating revenues, and the governed, because there is not vot- tion be drafted by the administration Guam ranks No. 17, if you look from ing representation in the House of Rep- and then that be presented in the form the bottom, if you look at all the resentatives. of a congressional hearing. States and the territories. H 3806 CONGRESSIONAL RECORD — HOUSE March 24, 1995 So we are not a political welfare country, and you are a U.S. citizen. EXTENSION OF REMARKS case. We are not a political charity But for reasons that are equally some- By unanimous consent, permission to case. We are a proud people, looking for times unclear, you are not part of the revise and extend remarks was granted a new mechanism through which we full participation of this body. to: can become even more autonomous, ob- If you look around this room, you (The following Members (at the re- tain some political dignity, and receive will see the seals of each of the 50 quest of Mr. HAYWORTH) and to include some of the freedoms that every other States that are on the ceiling, as you extraneous matter:) American enjoys and takes for granted. look around the room, and you will see Mr. GALLEGLY. When you are a territory, you live in in a corner, tucked away, seals of var- Mr. DORNAN. an existence, in a political existence, ious territories as an afterthought. Mr. FIELDS of Texas. in which any Federal bureaucrat, in When voting time comes, we are Mr. FRANKS of New Jersey. which any Federal official may mis- given—Delegates are given—a card, and Mr. PACKARD. understand whether you are a domestic everyone calls it a voting card. But I Mr. SOLOMON in two instances. entity, whether you are a foreign en- guess in the case of Delegates it is real- Mr. FORBES. tity, or whether you are a nonentity. ly a nonvoting card. You put it in the Mr. HAYWORTH. And in this, I would just give you machine and nothing happens, because Mr. ROTH. some examples. Federal aviation—for you are ineligible to vote, and most im- (The following Members (at the re- purposes of airline routes, we are regu- portantly and most, I guess, where if quest of Mr. WISE) and to include ex- lated as a domestic entity. symbols count, and this is the House of traneous matter:) For communications—for purposes of the people, and the people come to communication, we are regulated, we Mr. TORRICELLI. vote, and the people’s Representatives are treated as a foreign country. What Mr. KENNEDY of Rhode Island in two come to be represented, your name is does that mean? Well, basically what instances. not even listed on the board up there, that means is, if you are trying to run Mr. MONTGOMERY. so that you become a nonperson. a viable economy on Guam, is that you Mr. JACOBS. That is not meant to bemoan that ex- have telephone rates that are incred- Mr. MANTON. ibly high because you are treated as a istence, because every Delegate who Mr. BARCIA. foreign country. gets elected to this body clearly knows Mr. HEFNER. And if you want to bring more air the parameters of working and living Ms. LOFGREN. routes in from the surrounding area in in this body, but what it is meant to Mr. BONIOR. order to contribute to the growth of note is that when the territories and (The following Members (at the re- your tourist industry, you are not able when Representatives, elected officials quest of Mr. UNDERWOOD) and to in- to because the routes that Guam, the of the territories, have a proposal in clude extraneous matter:) Guam-to-Japan routes, Guam-to-Tai- hand which seeks to resolve the anom- Mr. ALLARD. wan routes, Guam-to-the-Philippines alous status of these jurisdictions, that Mr. COSTELLO. routes are part of the basic negotiation it is the obligation, I think, of people Mrs. LOWEY. of United States-foreign country who propound almost on a daily basis Mr. STARK. routes. on the meaning of democracy to enter- Mr. WILLIAMS. So you can see in those two examples tain those in as serious a manner as Mr. RICHARDSON in two instances. right there how sometimes we are possible. Mr. MOORHEAD. being in a sense jerked around. Basi- And on that note I would like to Mrs. MEEK of Florida. cally, it seems like the Federal Gov- close by asking for cosponsorship by all Mr. HOYER in three instances. ernment, when it is favorable to the the Members of the House of H.R. 1056. Mr. BEREUTER. Federal Government, we are treated as Mr. DINGELL. f a domestic entity. When it is favorable f to the Federal Government to treat us SPECIAL ORDERS GRANTED as a foreign country, we are treated as ADJOURNMENT a foreign country. By unanimous consent, permission to So we have a number of trade ar- address the House, following the legis- Mr. UNDERWOOD. Mr. Speaker, I rangements we would like to engage in. lative program and any special orders move that the House do now adjourn. We seek clarity in these arrangements. heretofore entered, was granted to: The motion was agreed to; accord- We seek political autonomy. We seek (The following Members (at the re- ingly (at 4 o’clock and 1 minute p.m.), political dignity. quest of Mr. WISE) to revise and extend under its previous order, the House ad- And in all of these dimensions, we their remarks and include extraneous journed until Tuesday, March 28, 1995, try to be open. We are clearly, clearly material:) at 12:30 p.m. a political anomaly which needs solu- Mr. HOYER, for 5 minutes, today. f tion. Ms. KAPTUR, for 5 minutes, today. It is unconscionable for this country Mr. JEFFERSON, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, to continue to keep small territories in Mr. VOLKMER, for 5 minutes, today. ETC. political limbo, not clearly offering Mr. OWENS, for 5 minutes, today. them the option of being full partici- Mr. HILLIARD, for 5 minutes, today. Under clause 2 of the XXIV, execu- pants as States, but instead seemingly Mr. TUCKER, for 5 minutes, today. tive communications were taken from only offering the option of being a po- Mrs. SCHROEDER, for 5 minutes, the Speaker’s table and referred as fol- litical dependency in which your dig- today. lows: nity as a people, in which your rights Mr. WISE, for 5 minutes, today. 600. A letter from the Assistant Secretary as a citizen are clearly mitigated, mis- (The following Members (at the re- of Defense, transmitting a report entitled, ‘‘Personnel Assistance Program: Report on understood on a daily basis. quest of Mr. HAYWORTH) to revise and the Transition Assistance Program for FY If I could be afforded, Mr. Speaker, a extend their remarks and include ex- 1994’’; to the Committee on National Secu- personal note, there is no individual traneous material:) rity. from Guam, there is no individual on Mr. NORWOOD, for 5 minutes, today. 601. A letter from the Chairman, Reserve Guam, there is no elected political offi- Mr. HOEKSTRA, for 5 minutes, on Policy Board, Department of Defense, trans- cial from Guam or from any of the ter- March 29. mitting a report entitled, ‘‘Reserve Compo- ritories who could feel or understand Mr. SCARBOROUGH, for 5 minutes, nent Programs Fiscal Year 1994’’; to the what this continual turmoil is on this today. Committee on National Security. 602. A letter from the Administrator, U.S. issue of political status than the people Mr. BEREUTER, for 5 minutes, today. Agency for International Development, who sit as Delegates. On a daily basis, Mr. CUNNINGHAM, for 5 minutes, transmitting the annual report to Congress you are reminded that for one reason today. on activities under the Denton amendment, or another—some historical, some Mr. FUNDERBURK, for 5 minutes, pursuant to 10 U.S.C. 402; to the Committee military—you are part of this great today. on National Security. March 24, 1995 CONGRESSIONAL RECORD — HOUSE H 3807 603. A letter from the General Counsel, De- ceptance [LOA] to Kuwait for defense arti- deduction for net capital gain; to the Com- partment of the Treasury, transmitting a cles and services (Transmittal No. 95–14), mittee on Ways and Means. draft of proposed legislation to reauthoriza- pursuant to 22 U.S.C. 2776(b); to the Commit- By Mr. SHUSTER (for himself, Mr. tion appropriations for the U.S. contribution tee on International Relations. PETRI, Mr. LAUGHLIN, and Mr. BREW- to the 10th replenishment of the Inter- 615. A letter from the Comptroller General, STER): national Development Association, pursuant General Accounting Office, transmitting the H.R. 1323. A bill to reduce risk to public to 31 U.S.C. 1110; to the Committee on Bank- list of all reports issued or released in Feb- safety and the environment associated with ing and Financial Services. ruary 1995, pursuant to 31 U.S.C. 719(h); to pipeline transportation of natural gas and 604. A letter from the General Counsel, De- the Committee on Government Reform and hazardous liquids, and for other purposes; to partment of the Treasury, transmitting a Oversight. the Committee on Transportation and Infra- draft of proposed legislation to authorize ap- 616. A letter from the Judicial Conference structure, and in addition to the Committee propriations for the U.S. contribution to the of the United States, transmitting the Con- on Commerce, for a period to be subse- interest subsidy account of the successor ference’s report on the admission of char- quently determined by the Speaker, in each [ESAF II] to the enhanced structural adjust- acter evidence in certain cases under the case for consideration of such provisions as ment facility of the International Monetary Federal Rules of Evidence; to the Committee fall within the jurisdiction of the committee Fund, pursuant to 31 U.S.C. 1110; to the Com- on the Judiciary. concerned. mittee on Banking and Financial Services. 617. A letter from the Secretary of Defense By Mr. STARK: 605. A letter from the General Counsel, De- and the Attorney General of the United H.R. 1324. A bill to enforce the law regulat- partment of the Treasury, transmitting a States, transmitting a report entitled, ‘‘Con- ing the height of buildings in the District of draft of proposed legislation to authorize version of Closed Military Installations into Columbia by prohibiting the District of Co- consent to and authorize appropriations for Federal Prison Facilities’’; jointly, to the lumbia from issuing any building or occu- the U.S. contribution to the fourth replen- Committee on the Judiciary and National pancy permit for the proposed development ishment of the resources of the Asian Devel- Security. located at 1328 G Street, NW., unless the de- opment Bank; to the Committee on Banking f velopment is modified to conform to such and Financial Services. law; to the Committee on Government Re- 606. A letter from the Chairman, Board of PUBLIC BILLS AND RESOLUTIONS form and Oversight. Governors, Federal Reserve System, trans- Under clause 5 of rule X and clause 4 By Mr. TRAFICANT: mitting a report entitled, ‘‘Consumer Waiv- H.R. 1325. A bill to amend the Public Build- ers of the Right of Rescission Under the of rule XXII, public bills and resolu- tions were introduced and severally re- ings Act of 1959 concerning the calculation of Truth in Lending Act’’; to the Committee on public building transactions; to the Commit- Banking and Financial Services. ferred as follows: tee on Transportation and Infrastructure. 607. A letter from the Chairman, Federal By Mr. BAKER of California (for him- By Mr. STARK: Trade Commission, transmitting the 17th an- self and Mr. CALVERT): H.J. Res. 80. Joint resolution disapproving nual report to Congress on the administra- H.R. 1316. A bill to amend the Internal Rev- the action of the District of Columbia Coun- tion of the Fair Debt Collection Practices enue Code of 1986 to provide tax credits to cil in approving the Closing of a Public Alley Act, pursuant to 15 U.S.C. 1692m; to the Com- businesses with employees performing serv- and Establishment of an Easement in Square mittee on Banking and Financial Services. ices in their residences or in telecommuting 253, S.O. 88–107, Act of 1994; to the Committee 608. A letter from the Secretary of Energy, centers; to the Committee on Ways and on Government Reform and Oversight. transmitting the 28th report to Congress on Means. By Mr. MANTON (for himself and Mr. enforcement actions and comprehensive sta- By Mr. BLILEY (for himself, Mr. DIN- KNOLLENBERG): tus of Exxon and stripper well oil overcharge GELL, Mr. SOLOMON, Mr. MINETA, Mr. H. Con. Res. 48. Concurrent resolution con- funds; to the Committee on Commerce. PAXON, Mr. POMEROY, Mr. BURTON of cerning the economy of India and relations 609. A letter from the Director, Defense Se- Indiana, Mr. SAXTON, Mr. HAYES, Mr. between the United States and India; to the curity Assistance Agency, transmitting noti- KINGSTON, Mr. TANNER, Mr. UPTON, Committee on International Relations. fication concerning the Department of the Mr. DAVIS, Mr. GILLMOR, Mr. SCHAE- By Mr. PAYNE of New Jersey: Air Force’s proposed Letter(s) of Offer and FER, Mr. BILBRAY, Mrs. KENNELLY, H. Con. Res. 49. Concurrent resolution ex- Acceptance [LOA] to Korea for defense arti- Mr. MEEHAN, Mr. BASS, and Mr. pressing the sense of the Congress that any cles and services (Transmittal No. 95–19), LEWIS of California): legislation passed by the Congress relating pursuant to 22 U.S.C. 2776(b); to the Commit- H.R. 1317. A bill to ensure that sellers and to assistance for School Lunch and Break- tee on International Relations. underwriters of insurance are qualified and fast Programs should include a requirement 610. A letter from the Director, Defense Se- subject to State consumer protection re- to provide free lunches and breakfasts to curity Assistance Agency, transmitting noti- quirements; to the Committee on Commerce. economically disadvantaged students; to the fication concerning the Department of the By Mr. HEFLEY (for himself, Mr. SOL- Committee on Economic and Educational Army’s proposed Letter(s) of Offer and Ac- OMON, and Mr. INGLIS of South Caro- Opportunities. ceptance [LOA] to Saudi Arabia for defense lina): articles and services (Transmittal No. 95–18), H.R. 1318. A bill to provide for the elimi- f pursuant to 22 U.S.C. 2776(b); to the Commit- nation of the Department of Education, and tee on International Relations. for other purposes; to the Committee on Eco- MEMORIALS 611. A letter from the Director, Defense Se- nomic and Educational Opportunities. curity Assistance Agency, transmitting noti- By Mr. MEEHAN (for himself, Mr. SAN- Under clause 4 of rule XXII, fication concerning the Department of the FORD, Mr. PALLONE, Mr. DEAL of 27. The SPEAKER presented a memorial of Army’s proposed Letter(s) of Offer and Ac- Georgia, Mr. BEREUTER, Mrs. LIN- the House of Representatives of the State of ceptance [LOA] to Thailand for defense arti- COLN, Mrs. JOHNSON of Connecticut, South Carolina, relative to H.R. 842, the cles and services (Transmittal No. 95–17), Mr. UPTON, Mr. GENE GREEN of Texas, Truth in Budgeting Act; jointly, to the Com- pursuant to 22 U.S.C. 2776(b); to the Commit- Mr. ACKERMAN, Mrs. MINK of Hawaii, mittees on the Budget, Government Reform tee on International Relations. Mr. PETE GEREN of Texas, Mr. MAR- and Oversight, and Transportation and Infra- 612. A letter from the Director, Defense Se- TINEZ, Mr. STUPAK, and Mr. MORAN): structure. curity Assistance Agency, transmitting noti- H.R. 1319. A bill to amend the Social Secu- fication concerning the Department of the rity Act to improve the information made f Army’s proposed Letter(s) of Offer and Ac- available in Social Security account state- ceptance [LOA] to Lebanon for defense arti- ments and to provide for annual distribution ADDITIONAL SPONSORS cles and services (Transmittal No. 95–16), of such statements to beneficiaries; to the Under clause 4 of rule XXII, sponsors pursuant to 22 U.S.C. 2776(b); to the Commit- Committee on Ways and Means. tee on International Relations. By Mr. OBERSTAR: were added to public bills and resolu- 613. A letter from the Director, Defense Se- H.R. 1320. A bill to impose restrictions on tions as follows: curity Assistance Agency, transmitting noti- the use of certain special purpose aircraft; to H.R. 26: Mr. CALVERT. fication concerning the Department of the the Committee on Transportation and Infra- H.R. 65: Mr. MASCARA and Mrs. VUCANO- Navy’s proposed Letter(s) of Offer and Ac- structure. VICH. ceptance [LOA] to the Taipei Economic and By Mr. SCHUMER: H.R. 89: Mr. PETRI. Cultural Representative Office in the United H.R. 1321. A bill to prevent handgun vio- H.R. 103: Mr. UNDERWOOD, Mrs. SCHROEDER, States [TECRO] for defense articles and serv- lence and illegal commerce in firearms; to and Mrs. CLAYTON. ices (Transmittal No. 95–15), pursuant to 22 the Committee on the Judiciary. H.R. 112: Ms. LOWEY, Mr. SKELTON, Ms. RIV- U.S.C. 2776(b); to the Committee on Inter- By Mr. SCHUMER (for himself, Mr. ERS, Mrs. CLAYTON, and Mr. HILLIARD. national Relations. MILLER of California, Mr. GEJDENSON, H.R. 244: Mr. FRANK of Massachusetts and 614. A letter from the Director, Defense Se- Mr. FATTAH, Mr. HINCHEY, and Mr. Mr. COSTELLO. curity Assistance Agency, transmitting noti- LIPINSKI): H.R. 303: Mr. MASCARA and Mrs. VUCANO- fication concerning the Department of the H.R. 1322. A bill to amend the Internal Rev- VICH. Army’s proposed Letter(s) of Offer and Ac- enue Code of 1986 to allow a $100,000 lifetime H.R. 325: Mr. DOYLE and Mr. RUSH. H 3808 CONGRESSIONAL RECORD — HOUSE March 24, 1995

H.R. 357: Ms. PELOSI, Mr. GONZALEZ, Mr. H.R. 945: Mr. GENE GREEN of Texas, Mr. H. Con. Res. 22: Mr. EVANS, Ms. JACKSON- PORTER, Mr. LAHOOD, Mr. LEWIS of Georgia, MCINNIS, Mr. REED, Mr. BROWN of Ohio, Mr. LEE, and Mr. WAXMAN. and Mr. NADLER. BAESLER, Mrs. VUCANOVICH, Mr. UPTON, Mr. H. Con. Res. 23: Mrs. CLAYTON, Mr. WILSON, H.R. 393: Mr. PETE GEREN of Texas. LEWIS of Kentucky, Mr. SANDERS, Mr. AN- Mr. SCHUMER, Mr. SAWYER, and Ms. MCKIN- H.R. 470: Mr. FRANK of Massachusetts. DREWS, Mr. FILNER, Mr. SAM JOHNSON, Mr. NEY. H.R. 483: Mrs. CHENOWETH. POSHARD, and Mr. TOWNS. H. Res. 94: Mrs. LINCOLN, Ms. FURSE, and H.R. 516: Mr. SCHIFF. H.R. 957: Mr. RAHALL, Mr. ENGLISH of Penn- Mr. EDWARDS. H.R. 570: Mr. TORRICELLI and Mr. SKEEN. sylvania, and Ms. LOFGREN. f H.R. 580: Mr. CUNNINGHAM, Mr. DOYLE, Mr. H.R. 958: Mr. HAYES. BRYANT of Tennessee, Mr. BLUTE, Mr. GOR- H.R. 979: Mr. DICKEY. DISCHARGE PETITIONS DON, Mr. SCHAEFER, Mr. METCALF, Mr. DOR- H.R. 997: Mr. BUCHUS, Mrs. JOHNSON of Con- Under clause 3 of rule XXVII, the fol- NAN, Mr. SENSENBRENNER, Mr. BARCIA of necticut, Mr. KLUG, Mr. ROSE, and Mr. SABO. Michigan, and Mr. DOOLITTLE. H.R. 1003: Mrs. CLAYTON. lowing discharge petitions were filed: H.R. 682: Mr. TORRES. H.R. 1044: Ms. MOLINARI. Petition 2, March 22, 1995, by Mr. STOCK- H.R. 708: Mr. HILLIARD. H.R. 1061: Mr. REYNOLDS, Ms. LOFGREN, and MAN on House Resolution 111, has been H.R. 753: Mr. ZIMMER. Mr. CALVERT. signed by the following Members. Steve H.R. 791: Mr. LAHOOD. H.R. 1110: Mr. BACHUS, Mr. MILLER of Flor- Stockman, Dana Rohrabacher, Lindsey O. H.R. 801: Mr. SENSENBRENNER, MR. MORAN, ida, and Mr. FORBES. Graham, Steve Largent, Marcy Kaptur, Dun- Mr. CLYBURN, Mr. JACOBS, Mr. SCOTT, Mr. H.R. 1153: Ms. MOLINARI, and Mr. WAXMAN. can Hunter, Cliff Stearns, James A. Trafi- SMITH of New Jersey, and Ms. MOLINARI. H.R. 1154: Mr. SHAYS, Ms. LOWEY, Mr. cant, Jr., Joe Scarborough, Helen H.R. 803: Mr. FRANK of Massachusetts, Mrs. DOYLE, and Mr. FARR. Chenoweth, Dan Burton, Tom A. Coburn, MALONEY, Mr. STEARNS, Mr. LEWIS of Geor- H.R. 1172: Mr. RADANOVICH, Mr. PORTER, Mark E. Souder, David Funderburk, Michael gia, Mr. HINCHEY, Mr. FATTAH, and Mr. Mr. OWENS, Mr. FROST, Mr. PALLONE, Mr. F. Forbes, Andrea Seastrand, Zach Wamp, WELLER. FRANK of Massachusetts, Mr. NADLER, Mr. Richard Burr, Cass Ballenger, Mel Hancock, H.R. 820: Mr. LINDER, Mr. BURR, and Mr. ENGLISH of Pennsylvania, Mr. WILSON, Mrs. Ernest J. Istook, Jr., Jon D. Fox, Wes SPRATT. MALONEY, and Mrs. WALDHOLTZ. Cooley, Jack Metcalf, Mark Neuman, Van H.R. 835: Mr. HILLIARD, Mr. CLAY, Mr. H.R. 1184: Mr. BONO, Mr. NEY, Mr. ALLARD, Hilleary, Jon Christensen, Steve Chabot, SKELTON, Mr. YATES, Mr. WYNN, Mr. EVANS, Mr. CALVERT, Mr. CANADY, Mr. DAVIS, Mr. Spencer Bachus, Matt Sanford, J.D. Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. KNOLLENBERG, Mr. LARGENT, Mr. PACKARD, Hayworth, Mark Foley, Thomas W. Ewing, MORELLA, Mr. ANDREWS, Mr. WALSH, Mrs. Mr. SAXTON, Mr. SCARBOROUGH, Mr. SCHAE- Todd Tiahrt, Sam Johnson, Frank Riggs, MINK of Hawaii, Mr. PASTOR, Mr. BONIOR, Mr. FER, and Mr. SCHIFF. Peter A. DeFazio, and Gene Taylor. RANGEL, Mr. PARKER, Mr. DEUTSCH, Ms. H.R. 1208: Mr. CALVERT. f BROWN of Florida, Ms. NORTON, Mr. JEFFER- H.R. 1229 Mr. ACKERMAN, Mr. FROST, Mr. SON, Mr. OLVER, Mr. MONTGOMERY, Mr. GEJDENSON, Mr. FRAZER, Mr. FATTAH, Ms. DISCHARGE PETITIONS— MCDERMOTT, Mr. LIPINSKI, Mr. JACOBS, Mr. RIVERS, Ms. NORTON, and Mr. COSTELLO. ADDITIONS OR DELETIONS CALVERT, Mr. FROST, Mr. FOGLIETTA, Mr. H.R. 1234: Mr. MCHUGH and Mr. ROTH. The following Members added their TOWNS, and Mr. MARTINEZ. H.R. 1242: Mr. BONILLA, Mr. BURR, and Mr. H.R. 899: Mr. HOKE, Mr. HALL of Texas, Mr. GILLMOR. names to the following discharge peti- ALLARD, Mr. BURR, Mr. WHITFIELD, Mr. H.R. 1249: Mr. GOODLING. tions: FRANK of Massachusetts, Mr. BUNNING of H.R. 1252: Mr. FUNDERBURK. Petition 1 by Mr. CHAPMAN on H.R. 125: Kentucky, Mrs. MYRICK, Mr. JONES, Mr. H.R. 1258: Mr. FORBES. John D. Dingell, Bill Orton, James (Jimmy) FUNDERBURK, and Mr. FOX. H.J. Res. 41: Mr. DUNCAN. H. Quillen, Tim Holden, Scott McInnis, Gene H.R. 939: Mr. SKEEN. H.J. Res. 73: Mr. COMBEST. Taylor, Frank Riggs, and Richard H. Baker. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, MARCH 24, 1995 No. 55 Senate (Legislative day of Thursday, March 23, 1995)

The Senate met at 9:45 a.m., on the RECOGNITION OF THE ACTING That said, I cannot claim with cer- expiration of the recess, and was called MAJORITY LEADER tainty that manners in either politics to order by the President pro tempore The PRESIDENT pro tempore. The or the press have truly degenerated to [Mr. THURMOND.] acting majority leader is recognized. new lows. I suspect that every Amer- SCHEDULE ican generation in our history has had PRAYER Mr. COATS. Mr. President, this occasion to be repulsed by unneces- The Chaplain, the Reverend John morning, leader time has been re- sarily mean attacks from within and Lloyd Ogilvie, D.D., offered the fol- served, and there will be a period for upon politics that are unavoidable in a lowing prayer: morning business until the hour of 10 free society. Political cartoonists, for instance, have throughout our history Let us pray: a.m. At the hour of 10 a.m., the Senate spared few public figures from ridicule. Almighty God, Sovereign of this Na- will begin consideration of H.R. 831, the Often the ridicule is earned. Some- tion and gracious Father of our lives, self-employed health insurance deduc- times it is not. Sometimes even the li- You have placed a homing spirit within tion bill. That bill will be considered cense given cartoonists cannot excuse us and made our hearts restless until under a 5-hour time limitation which an especially malignant attack. they rest in You. The heart of the mat- was agreed upon last evening. The majority leader has announced Such was the case last Sunday when ter always is the heart. Our hearts are Mr. Garry Trudeau decided to use his lonely until they return and find their that there will be no rollcall votes dur- ing today’s session of the Senate. Sen- comic strip to scorn the military serv- home in You. You receive us as we are ice of the majority leader, Senator with unqualified grace. Thank You, Fa- ator DOLE has also indicated that it DOLE. ther, for the strength, security, and se- will be his intention to proceed to the regulation moratorium bill on Monday. The author of the comic strip renity You provide us in the midst of ‘‘Doonesbury,’’ Mr. Trudeau has made strain and stress. You offer us perfect Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. it his business to lampoon not only Re- peace in the midst of pressure and the INHOFE). Under the previous order, the publicans, but anyone whose devotion tyranny of the urgent. Senator from Arizona [Mr. MCCAIN] is to the looniest of left wing causes he We also thank You that we find each recognized to speak for up to 15 min- suspects is less robust than his own. other as we return to You. You give us utes. His increasingly strident attacks have the miracle of unity in diversity, one- The distinguished Senator from Ari- forsaken whatever humor might have ness in spite of our differences. You zona. once distinguished his cartoons from hold us together when otherwise ideas, Mr. MCCAIN. Mr. President, I expect the silly rantings of your garden vari- policies, and resolutions would divide to be joined in a few minutes by my ety conspiracy theorist. Even former us. Make us sensitive to one another, friend and colleague from the other admirers of his comic strip tell me that especially when a vote makes con- side of the aisle, Senator KERREY of Ne- he has become decidedly unfunny in re- spicuous our differences. Help us to braska. We may engage in a brief col- cent years. reach out to each other to affirm that loquy after our remarks. But I will For this singular contribution to we are one in the calling to lead our begin with my remarks. American culture, Mr. Trudeau feels he Nation. May we neither savor our vic- f should be permitted to dispense with tories or nurse our disappointments, the encumbrances of good manners. but press on. CIVILITY IN PUBLIC DISCOURSE Apparently, artists of his caliber can- So we fall on the knees of our hearts Mr. MCCAIN. Mr. President, there not be burdened by the bonds that hold seeking Your blessing for our work this has been considerable media discussion most of us together in our disparate so- day. To know You is our greatest privi- lately about the decline of civility in ciety—bonds like honor and respect. lege and to grow in our knowledge of our public discourse. I agree that polit- Ordinary Americans, of course, feel it Your will is our most urgent need. Our ical rhetoric often seems quite harsh appropriate to show gratitude to Amer- strength is insufficient; bless us with these days. I have also observed that icans who have ransomed their life to Your wisdom. Our vision is incomplete; the people who report on politicians, the defense of their freedom. Ordinary bless us with Your hope. Carpe diem. and who are often among the first to Americans would recoil from the sug- We grasp the day. In Your holy name, decry the incivility of politics, seem gestion that there is humor in ridi- Yahweh, through Christ, our Lord. more inclined lately to allow their re- culing the sacrifice borne by an Amer- Amen. porting to cross from tough to cruel. ican

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

S4527

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VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4528 CONGRESSIONAL RECORD — SENATE March 24, 1995 who took up arms to defend them, and template the injustice of Mr. Trudeau’s Senator DOLE, who is supposed to be sustained grave injury in that cause. disrespect for the brave service of a one of the meanest guys in politics Ordinary Americans, Mr. President, young man who left his family and today—that is his reputation anyway— would honor a service rendered to them friends in a small town in Kansas to de- has on two occasions moved me so at such great cost. fend his country’s interests on foreign deeply. But not Mr. Trudeau. His is far too soil, and who as a consequence of his The second one was I believe the important a calling for it to be con- courage helped make the world safe— Larry King interview, or it might have strained by humility, gratitude, or or- even for cartoonists. dinary good taste. I do not want to been—it was not Larry King. It was one It is a pity Mr. Trudeau never both- of the other journalists who was inter- dwell too much on Mr. Trudeau. He is ered to wear the uniform of his coun- not really worth the ink used to ridi- viewing Senator DOLE at length, and he try. The experience would have no began to talk about his father coming cule him. Suffice it to say that I hold doubt improved his manners. Since lit- to visit him while he was in the hos- him in utter contempt. I hold him in tle is likely to improve the poverty of pital. contempt for his small heart, for the his manners now, perhaps he could just cruelty he inflicts on others to obscure limit his cartoon to a subject better On many occasions when asked how the weaknesses in his own character, matched to his skills and his char- is it that I could admire BOB DOLE, and for his immense ingratitude to acter—perhaps the O.J. trial. At a min- since he is the Republican leader and I those who have had the strength of imum, if Mr. Trudeau cannot find it in am a proud member of the Democratic character to protect Mr. Trudeau’s himself to honor the service of people party, how is it that I could admire right to pollute—for profit, of course— like BOB DOLE, I would hope he could BOB DOLE and like BOB DOLE, my an- political debate in America. just remain silent. I think he will find swer almost always begins with a dec- I would rather talk a little bit about that fewer and fewer people are listen- laration that this man loves his coun- BOB DOLE. Anyone who has read Rich- ing anyway. try and is a patriot. ard Ben Kramer’s book, ‘‘What It Mr. President, I would like to yield It guides him, in the end, to make de- Takes,’’ knows what kind of man is at this time to the Senator from Ne- cisions that sometimes are not in his BOB DOLE. He answered his country’s braska and possibly at the end engage best political interest. He did not serve call to take up arms in a war for the in a short discourse with the Senator in World War II as a consequence of future of the world. He helped save from Nebraska. calculating what was going to be in his that world. Of course, he did so in a Mr. KERREY addressed the Chair. best interest. It did not turn out to be time when even political cartoonists The PRESIDING OFFICER. The Sen- in his best physical interest. believed such service to be honorable. ator from Nebraska. As a proud young man of great prom- Mr. KERREY. Mr. President, I must He started to describe this moment ise and an excellent athlete, BOB DOLE state at the beginning I normally read, when his father came to see him and went to Italy. Like others of his gen- when I have the opportunity, Mr. described the swollen ankles of his fa- eration, he paid a dear price for his Trudeau’s comics or cartoons and find ther. He, once again, could not go on. love of country. He was gravely wound- much humor in them. In this one, how- He was moved, not by his own suf- ed. That he recovered at all from that ever, not only did I find no humor but fering, Mr. President, not by his wound is testament to the extraor- I found in it great sadness and much in wound. dinary courage that defines BOB DOLE, fact to be ridiculed. He did not go before this journalist, and that sets him apart from others. First, let me say that I have only on he did not stand before an audience in BOB DOLE bears the discomfort and a number of relatively small occasions Russell, KS, and say, ‘‘Pity me for this the challenge of that wound today, 50 been moved by the words of another wound.’’ Quite the contrary. What he years after he sustained it. He bears it politician. I say that straight out. I did on both occasions was say, to a cer- with a quiet dignity that is—in every sometimes say that I was moved. But tain extent: Pity the audience. My respect—worthy of our utmost admira- it is rarely the case where I am genu- sympathy goes to them. My apprecia- tion. I have known him for a long time inely and deeply moved. tion goes to them. My respect and ad- now. I have never—never—heard him One such occasion was in, I believe, miration go to them for what they did complain about his injury even though 1988 when—it might have been 1987— for me. Senator DOLE announced his intent to I know not a waking hour passes when I have great personal respect for Sen- he does not feel that pain. Neither have run for the Presidency in Russell, KS. I watched him on television and ator DOLE and admiration for his patri- I ever heard him use his injury for po- otism. And, above all of the things, his litical advantage, although he is—as he watched him recollect his homecoming ability to put his life back together, should be—proud of his service. Most to Russell, KS, and the kindness that his capacity to put his life back to- people—indeed, almost everyone save was expressed by the people of Russell, gether, I admire deeply. Mr. Trudeau—is proud of him for his KS, to him, and he could not go on. service and for the dignity with which Now, this is a man whose persona is, He has never worn his war record or he has accepted its consequences. to say the least, a tough persona. This his injuries in front of the public as if The problem for Mr. Trudeau, I sus- is a man, as the Senator from Arizona it was some sort of badge of honor. I pect, is that he has never done any- has just said, who never complains have never heard him talk about, never thing for which he can be proud and about his injury. At least he has not heard him express that. Quite the con- therefore cannot understand how other complained to me, he has not com- trary. people could take pride in the moment plained in my presence, and he has not So I, like the Senator from Arizona, when they answered their country’s complained in the presence of anybody am deeply offended by this cartoon. It call. that I know. This is a man who does says something about Americans who Mr. President, I am the son and not talk about his injuries and does not served that is reprehensible. And it grandson of admirals. Military service talk about his injuries easily when he says something about a great Amer- has been my family’s business since the does. ican patriot that is particularly rep- American Revolution. I have thus been For the cartoonist to portray Mr. rehensible. blessed to have spent much time in the DOLE as sort of playing upon his war company of heroes. I know what they wound is a lie on its face. It does not Very often those of us who have been wounded are described that way. ‘‘BOB look like. I know how they act. BOB happen. Quite the contrary, Mr. Presi- KERREY, wounded in the war in Viet- DOLE is the genuine article. Duty and dent. Senator DOLE, as I indicated, honor are not relative concepts to him. feels great warmth and is moved by nam.’’ I do not ask to be described that They are absolute standards. Thank people who saved his life. I have heard way, but that is how it occurs. We are God, ours is still a country that knows Senator DOLE talk about the people described that way. the worth of such men even if the odd who restored his life and put his life And in today’s modern journalism, cartoonist does not. back together. the way things get beat around elec- Mr. President, I have a hard time On a second occasion when I was tronically, very often that comes back maintaining self-restraint when I con- moved—I must say I find it odd that and somebody says, ‘‘Well, I saw you

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4529 made a statement that says you were mind that at all. I do not object to any SANBORNTON MAN CROSSES RE- wounded in the war.’’ I did not make a cartoonist or journalist that wants to MAGEN BRIDGE IN WORLD WAR statement. And Senator DOLE does not take some foible of mine, a weakness of II talk about his injuries, but he gets la- mine, and magnify it and have some Mr. SMITH. Mr. President, I rise beled with it. fun with it. Unfortunately, today, in modern pol- But that is not what is occurring in today to pay tribute to Guy J. Giunta, itics, the tendency is to look for the this case. There is a deep offense given, Sr., a resident of Sanbornton, NH, who played a significant role in the infa- worst. And in Senator DOLE, not only as a consequence, to isolating some- do we not have the worst, we have the thing that, in fact, does not occur. Sen- mous capture by the Americans of the best impulses of human beings and of ator DOLE does not wear his wound out bridge at Remagen during World War Americans—an American who was will- in front of the public. He does not try II. This offensive resulted in shortening ing to serve and willing to come back to use it to gain some kind of advan- the war and saving thousands of lives. and not with bitterness say, ‘‘You owe tage. Quite the contrary is the case. Guy was a private first class in the me,’’ but an American who was willing I am here this morning to say that I 78th Infantry Division. He was one of to come back and say, ‘‘The debt is admire that. Indeed, beyond admiring the American soldiers who crossed the still on my side. I feel compassion to it, I believe that it is sort of something bridge at Remagen over the Rhine those in Russell, KS, who welcomed me that Americans need to emulate—to River, 50 years ago this month. This home. I feel compassion and respect for emulate a man who says, ‘‘I may be battle illustrated the American mili- my father, who did the same. I feel suffering, but my concern is for my tary strength which caught the Ger- compassion and respect for all Ameri- friends and neighbors who welcomed mans by surprise. The events of March cans who continue to try to struggle me home. My concern is with my fa- 7, 1945, were known as the ‘‘Miracle of not just with their lives but to over- ther who made a trip to Chicago to Remagen.’’ come adversity, as well.’’ visit me. My concern is still with oth- Guy left his native Italy for the Mr. President, I yield the floor. ers who are struggling in their lives.’’ United States in 1927 where he worked I would be pleased to engage in a col- I yield the floor. as a machinist making parts for tur- loquy with my friend from Arizona. Mr. MCCAIN addressed the Chair. bines for the U.S. Navy when the war The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Mr. President, I just broke out. Deferments as an essential ator from Arizona. want to thank my friend from Ne- worker kept him out of the war until Mr. MCCAIN. Mr. President, I see the braska for stepping forward. 1943, but after learning of friends dying managers are waiting. I would like to We cannot do anything about some- overseas, he enlisted in a war that in- make one additional comment on a dif- one like Mr. Trudeau, but we intend to cluded his birthland. ferent subject. try. When soldiers reached a plateau f I do believe that when something as above Remagen on March 7, they saw egregious and outrageous as this is— THE LINE-ITEM VETO German troops and civilians retreating and, frankly, Senator DOLE would not Mr. MCCAIN. Mr. President, last across the Ludendorff Bridge. Violating like to hear me say this—but it has to night we passed in the Senate some- instructions to proceed down the hurt when one’s service and sacrifice to thing that I have been working on for Rhine, Gen. William M. Hoge ordered one’s country is demeaned and deni- 10 years. I know that everyone is aware his men to take the bridge. After refus- grated in this fashion. that it did not happen because of the ing, the men heard a ‘‘whoosh’’ as 660 I am grateful that someone like Sen- efforts only of Senator COATS and my- pounds of dynamite lifted the bridge ator KERREY would step forward and self. from its stone piers. condemn it. I do not know if it stops We are very grateful for the help and There was still shooting as soldiers this kind of thing. I do not know what efforts that Senator DOLE engaged in beneficial effect it has. But I do know fought their way up the big cliff on the in bringing together enough of us that eastern end of the bridge. Twenty-four this: For Senator KERREY and me to re- it was an overwhelming victory. Sen- Americans died on or around the main silent in the face of this outrage ator DOMENICI and Senator STEVENS would be a dereliction of duty on our bridge. Guy Giunta was one the 600 were very instrumental in that. brave men who were involved in taking part, if I may use a phrase from our And, of course, we respected very previous incarnation. the bridge, including 200 engineers who much the participation of Senator cut wires to the unexploded dynamite. So I want to thank Senator KERREY BYRD. I think years from now when Guy’s medals from the war include for saying this. people read the CONGRESSIONAL RECORD I do not intend to belabor the point, three major battle stars: the Ardennse, of the debate that was conducted, I the Rhineland, and Central Europe. and I know Senator KERREY does not, think they will be illuminated by his Guy Giunta is a retired Westinghouse but I hope the American people know— remarks. machinist. His wife, Rina Passi, also a and especially BOB DOLE knows—that Also, Senator EXON, the manager on the cynicism and sarcasm of Mr. the other side of the bill, and Senator native Italian, didn’t meet her future husband until after the war, but knew Trudeau is not shared by the over- LEVIN, whose amendment I think was whelming majority of the American extremely helpful. of him because she translated his people. Sheila Burke spent many, many mother’s letters to him from Italian Mr. KERREY. Mr. President, if I hours in meetings in an effort to bring into English. They have lived in a could add one additional thing. Republicans together on this issue. white farmhouse in Sanbornton since The PRESIDING OFFICER. The Sen- Sharon Soderstrom, the able assistant 1985. ator from Nebraska. of Senator COATS, and Megan Gilly did I commend Guy for sharing his expe- Mr. KERREY. Mr. President, the pub- an outstanding job; David Crane, Bill riences at this important World War II lic should not view this as a couple of Hoagland, Dave Hoppe, Eric Ueland, battle with many in New Hampshire. old veterans wandering down here to Joe Donoghue, and Mark Buse. His courage and patriotism are an in- the floor to defend another old veteran So I would like to thank all of them spiration to us all. It is an honor to that got beat up by a cartoonist. for their enormous assistance, not only represent Guy Giunta, Sr., and his fam- Senator DOLE has the capacity to in recent weeks but in recent years, in ily in the U.S. Senate. make fun of himself, as I do and as does helping us achieve what I think is one the Senator from Arizona. This is not of the most important changes in the f saying our skin is so thin we cannot way that this country does business take a cartoonist’s deprecating com- since 1974, when the Budget and Im- TRIBUTE TO DICK REINERS ments about us. Lord knows, it hap- poundment Act was passed. pens all the time. It is hard to pick up I thank my colleagues for their pa- Mr. DASCHLE. Mr. President, today an account of something you have said tience. I want to take a moment to commemo- or done and not find something being Mr. President, I yield back the re- rate the long and distinguished life of said in a deprecating fashion. I do not mainder of my time. my dear friend, Richard H. Reiners, an

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4530 CONGRESSIONAL RECORD — SENATE March 24, 1995 outstanding American, who passed of Allied operations. When they were community as they celebrate the 174th away earlier this year. not building bridges, the soldiers of the anniversary of the beginning of their Dick Reiners was born September 24, 87th Engineer Battalion assisted in revolution for independence from under 1907, on a small farm east of Lennox, hauling thousands of tons of critical the yoke of the Ottoman Empire. SD, and passed away on January 15, supplies from the beaches to the inte- I and 47 of my colleagues in the Sen- 1995, at his rural home north of Wor- rior depots. Their successful accom- ate jointed together to commemorate thing, SD. Throughout his life he was plishment of this critical mission this historic event by cosponsoring dedicated to his family, his commu- helped to maintain the Allied momen- Senate Resolution 79, a resolution com- nity, and the land in which he lived. tum throughout the war. memorating March 25, 1994, as Greek As a father and husband, Dick epito- The soldiers of the 87th Engineer Independence Day: A National Day of mized the term ‘‘family values.’’ He Battalion repeatedly distinguished Celebration of Greek and American De- was faithful, honest, and loyal and he themselves as professional soldiers, mocracy. passed those values on to his children technically competent engineers, and From their first settlement in the and grandchildren. As a member of the great Americans whose performance of 18th century in St. Augustine, FL, to community, Dick was constantly ac- duty was outstanding. one of the largest Greek communities tive in improving the quality of peo- For their efforts and impressive suc- in America, Astoria, NY, the Greek ple’s lives. He served on numerous cesses, it is my privilege to wish the people have been an influential seg- boards, including his church, his chil- World War II veterans of the 87th Engi- ment of American society. Their his- dren’s school district, the Farmers neer Battalion the best in the years tory, culture, language, religion, and of Home Administration, and the South ahead and join the Nation in expressing course native culinary artistry, have Dakota Farmers Union. He was also ac- our heartfelt thanks for their dedica- enriched all of America. Greece has tively involved in politics and labored tion and selfless devotion and service contributed great things in the areas of tirelessly for the people he believed in. to the United States of America. arts, education, medicine, and philos- As a farmer, Dick held a reverence f ophy, but no contribution was more for the land and its capacity for pro- precious than that of democracy. GREEK INDEPENDENCE DAY 1995 duction. He was a hard worker and an Born in Athens during the age of eternal optimist. Mr. LIEBERMAN. Mr. President, to- Pericles and nurtured in the United Dick spoke his mind. He never gave morrow marks the 174th anniversary of States, the principles of democracy are up. He was always a kind and thought- the opening of the struggle by the now being practiced throughout the ful man. Greek people for independence from world. This new wave of democracy, During my travels as a U.S. Senator, the Ottoman Empire. I am honored to would never have come to fruition had I am constantly humbled by the people be a sponsor of the resolution desig- it not been for Hellenistic political of my State—people like Dick nating tomorrow, March 25, 1995, as thought. We will always be indebted to Reiners—and the basic principles by Greek Independence Day: A National Greece for giving us this most precious which they live their lives: a love of Day of Celebration of Greek and Amer- gift. family, an obligation to community ican Democracy. service, and a strong commitment to Greek Independence Day celebrates f the independence the Greek people an honest day’s work. Those who knew AG WEEK Dick Reiners learned much from him, achieved after almost 400 years of for- and I am honored to say that he was eign control. In all those years of domi- Mr. DOLE. Mr. President. This week my friend. He will not be forgotten. nation and repression, the people of is National Ag Week. It is the one week f Greece retained their passion for de- of the year that we take time out to mocracy. This passion is alive and well applaud America’s farmers for what TRIBUTE TO THE 87TH ENGINEER today. they give to us every week of the year. BATTALION (HEAVY PONTOON) The United States and Greece have a Undoubtedly, they are the most pro- Mr. NUNN. Mr. President, I rise long history of shared democratic gressive, most efficient, and most pro- today to pay tribute to an outstanding ideals and beliefs, when our Founding ductive in the world. Army organization in recognition of its Fathers designed the American form of American agriculture is an industry distinguished service to this Nation government, they took inspiration to be proud of. America exports more and extraordinary performance during from the democratic traditions of an- than 43 billion dollar’s worth of food World War II. The 87th Engineer Bat- cient Greece. Later, Greek patriots in products every year—that is a trade talion was the first heavy pontoon bat- the struggle against the Ottoman Sul- surplus of $17 billion. Agriculture also talion activated at Fort Benning, GA, tan followed the example of the Amer- employs more that 21 million Ameri- on August 1, 1940. Also trained at Fort ican Revolution in their fight for free- cans. Benning, this battalion went ashore at dom and their efforts to design their But those numbers don’t tell the Utah Beach in the Normandy landing new government. whole story. Every day, Americans eat. to build the bridges needed to liberate In this century, Greece has been an So every day, we all depend on the France. Among the many rivers that outstanding ally and leader in the fight American farmer. We expect the best had to be crossed were the Meuse, the for democracy; 9 percent of all Greeks, from our farmers—and they deliver. We Saar, and the Moselle. The 87th Engi- gave their lives to help stop the tyr- have a cheap, wholesome, safe, and de- neers bridged them all. anny of Hitler. Together Greece and pendable food supply. No doubt about This brought the 87th Engineer Bat- the United States fought against com- it, we as consumers are getting a pret- talion to the most awesome and dif- munism throughout the cold war and ty good deal. ficult of all European rivers, the Rhine. together we must work to solve the Agriculture has made exciting ad- Fifty years ago today, on March 24, problems of the post-cold-war era. vances this last year. Most important, 1945, the 87th Engineer Battalion made On this special occasion, it is fitting GATT and NAFTA have opened up new history when they constructed the to pay tribute to all the contributions trade opportunities for American agri- longest pontoon bridge in the world that the Greek people have made to culture. Finally, America’s farmers across the Rhine River at Oppenheim. American life, both as valuable mem- will gain access to millions of new cus- Despite shortages of personnel and bers of our own society and as members tomers around the world. equipment, the 87th was ordered to of a nation that was the birthplace of At home, Republicans are leading the move Patton’s 3d Army across the democracy. charge to reduce the regulatory, paper- Rhone. They built a 1,237 foot span in f work, and tax burdens which depress 13 hours while under constant enemy the farmer’s bottom line. As we work attack. Their efforts resulted in the es- GREEK INDEPENDENCE to rein in the Federal Government, we tablishment of the second American CELEBRATION will focus on preserving the programs bridgehead across the Rhine and con- Mr. MOYNIHAN. Mr. President, I rise that advance American agriculture in tributed directly to the overall success once again to join the Greek American the world market place.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4531 Today, agriculture is on the verge of memories call for eliminating farm We must help our producers make a new era. I believe that 100 years from programs completely—we should re- American agriculture more competi- now, historians will look back and rec- member what happened before we had tive and more profitable in the inter- ognize this time as a turning point in any farm programs. national market place. We must con- the history of American agriculture. In those days, producers lived tinue to develop new sustainable farm- Both locally and globally, things are through drastic cycles of boom and ing techniques. We must make sure the changing fast. bust. A hard-working and prosperous children and grandchildren of today’s Agriculture is now a global indus- family one year could be destitute the rural families can still live and work try—an industry where American farm- next. on their own land. ers will play an increasingly important As Mike Malone recalls in his book Mr. President, I look forward to the role. The Census Bureau estimates that ‘‘Montana: A History of Two Cen- job. The FFA, the national youth orga- the world population will increase by turies’’: nization for the improvement of agri- 50 percent in the next 20 years. Today, During 1929–1930, a new ordeal of drought culture, begins their creed with the 1 American farmer can feed 129 people. and depression began in Montana . . . By midsummer of that terrible year, twenty- statement, ‘‘I believe in the future of Tomorrow that farmer must feed more. farming.’’ I believe in that future, too. America’s farmers have already eight of Montana’s fifty-six counties had filed for aid from the Red Cross. Most of Thank you, and I yield the floor. started preparing to meet these de- those counties lay in the arc of dry-farming mands. Less than 100 years go, the first and stockgrowing lands that reached from f gasoline tractor was built. Now, farm- the High Line north of the Missouri River to ers are using satellite technology to the southeast along the Dakota state line customize planting and fertilizer use. ... GREEK INDEPENDENCE DAY That increases yields, reduces costs, An amount of wheat worth $100 in 1920 brought only $19.23 in 1932. Beef cattle sold Mr. DOLE. Mr. President, I rise and benefits the environment. These for $9.10 per hundredweight in 1929; in 1934, today to speak in honor of Greek Inde- are the types of innovative programs the price was only $3.34. Sheep brought $8.14 pendence Day, a national day of cele- we should encourage in the 1995 farm per hundredweight in 1929 but only $3.12 in bration marking 174 years of freedom bill. 1934. for the modern Greek people. The Mr. President, there is a saying in Daniels County, in the state’s northeastern achievements of ancient Greece in art, Kansas: If you do not eat, then do not corner, typified the crisis. During the good years of the late 1920s, the country seat, architecture, science, mathematics, worry about the farmer. So this week, philosophy, drama, literature, and National Ag Week, we recognize that Scobey, had advertised itself as the world’s largest wheat shipping point. By the spring most importantly—democracy—have each of us has a vested interest in the of 1933, 3,500 of the county’s 5,000 people become legacies for succeeding ages to vitality of American agriculture. I needed relief assistance. emulate. Modern Greece, born of these look forward to working with my col- SUCCESS OF AMERICAN AGRICULTURE same roots, also has given much to the leagues during this pivotal year to en- This disaster was only the worst in a present day world and especially to the sure that American agriculture re- series. The heartland suffered equally United States. mains a world leader in this new era. traumatic disasters in 1893, 1907 and Many Americans can trace their her- f 1920. But this time, Franklin Roosevelt itage back to the glory of Athens. NATIONAL AGRICULTURE WEEK responded by creating the first Federal Greek-American Dr. George Kotzias de- farm support programs. veloped medicine to combat the Mr. BAUCUS. Mr. President, today, Since then, we have had good times as America celebrates National Agri- scourge of Parkinson’s disease. Maria and bad. But farm programs have pre- Callas, the Brooklyn-born opera so- culture Week, I rise to pay tribute to vented crises on that scale. And during our country’s farmers and ranchers. prano, provided us a legacy of beautiful this time, American farmers have cre- music. Young Pete Sampras reminds us THE GROWING SEASON ated a productive revolution un- This Tuesday was the first day of of the important contribution the matched in history. Greeks have made in the field of ath- spring. The time of rebirth and re- They have revolutionized agricul- newal. All over the country, farmers letics as he continues his outstanding tural productivity. They have used command of the game of tennis. Greek- are preparing to till the soil and plant hard work and state-of-the-art re- the seeds that they hope will lead to a Americans have also contributed to the search, to develop new sustainable might of America’s business and indus- bountiful harvest. Ranchers see new- farming techniques, thus protecting born calves and lambs. In Montana and try showing true entrepreneurial spir- our natural resources. And they con- it. In Operation Desert Storm, Lt. Gen. across America, producers are getting tinue to be most productive agricul- ready for the future with hope and con- William ‘‘Gus’’ Pagonis, U.S. Army, re- tural producers in the world. tired, successfully commanded the fidence. According to USDA’s Economic Re- most complex sea, land, and air mobili- They know only too well that lack of search Service, farm output per unit of zation executed by a military force rain, too much rain, or other uncon- input increased by 26 percent between since the Second World War. And, of trollable natural events can destroy 1982 and 1991. their crop. They know they are in a As a result, Americans spend the low- course, in this body today are two of risky business. And yet they continue est amount of their disposable income the most outstanding Greek-American to brave the risks and work long hours, on food of any nation in the world. Just citizens in this country, Senator OLYM- because of the satisfaction that comes 9.3 percent, less than a dime in a dollar PIA SNOWE and Senator PAUL SAR- with working and living on your own of income. BANES. land. THE 1995 FARM BILL On Monday, I will be visiting with a These are hard working folks. They Today, if the Congress goes too far in number of other Greek-American lead- are survivors who make up Montana’s a thoughtless rush to eliminate farm ers to commemorate Greek Independ- number one industry, creating nearly programs simply for the sake of cut- ence Day. Foremost among them will $2 billion a year for our economy. And ting, we could return to those days of be his His Eminence Archbishop their work gives Americans the best, boom and bust. Iakovos, the spiritual leader of the cheapest and safest food supply in the Less severe consequences could in- Greek Orthodox Archdiocese of North world. clude lower soil and water quality. and South America. BEFORE THE FARM PROGRAM Loss of wildlife habitat. On this day, it is important to re- Today we take all that for granted. Lower farm incomes, and thus higher member that American democracy We think it is natural. But it is not. It rates of outmigration from rural Amer- would not exist today had the Greeks is the result of careful policy, and co- ica. From the consumer’s point of view, not believed in the power of the people operation between producers, con- if we are not careful, America could to govern. As Pericles said some 2,000 sumers, and government. wind up depending on imports of food years ago, ‘‘our constitution is called a As we begin to redraft our farm bill to give our citizens enough to eat each democracy because power is in the this year—and as some with short day. hands not of the minority, but of the

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4532 CONGRESSIONAL RECORD — SENATE March 24, 1995 whole people * * * everyone equal be- I certainly hope so. CONGRESSIONAL RECORD SPEECHES—IWO JIMA— fore the law.’’ Though organized resistance contin- Continued So as we honor the modern Greeks ued until mid-March, the flag raising, and their sons and daughters in Amer- which produced perhaps the most fa- Senator Date Vol. No. Page(s) ica today, let me paraphrase Thomas mous and inspiring combat photograph Senator Heflin ...... Feb. 16, 1995 ...... 141 31 S2774–S2775 Senators Chafees Feb. 23, 1995 ...... 141 34 S3034–S3036 Jefferson—we Americans are all in- of World War II, symbolized one of the and Warner. debted to the ancient Greeks for the hardest won victories of that war. Senator Glenn ...... Mar. 2, 1995 ...... 141 39 S3376–S3377 light of democracy which led us out of Military historian Allan Millett has the darkness of tyranny. written of Iwo Jima that, ‘‘Of all the f f unpleasant islands the marines saw, CONCLUSION OF MORNING Iwo Jima was the nastiest—prepared BUSINESS WAS CONGRESS IRRESPONSIBLE? by nature and the Japanese armed THE VOTERS HAVE SAID YES! The PRESIDING OFFICER (Mr. forces as a death trap for any DEWINE). MORNING BUSINESS IS CLOSED. Mr. HELMS. Mr. President, as of the attacker.’’ And so it was. f close of business yesterday, Thursday, There were 70,000 marines locked in March 23, the Federal debt stood at combat on this tiny island in the Pa- SELF-EMPLOYED HEALTH $4,845,959,175,160.98. On a per capita cific; 5,931 died; 17,372 were wounded; INSURANCE DEDUCTIONS basis, every man, woman, and child in Presidential and Navy Unit Citations The PRESIDING OFFICER. Under America owes $18,395.34 as his or her were awarded and 22 marines earned the previous order, the Senate will now share of that debt. the Medal of Honor. proceed to the consideration of H.R. f The fighting was so brutal, and the 831, which the clerk will report. determination and bravery of the ma- The legislative clerk read as follows: THE 50TH ANNIVERSARY OF THE rines so stunning, that Adm. Chester BATTLE OF IWO JIMA A bill (H.R. 831) to amend the Internal Rev- Nimitz, Commander in Chief of the Pa- enue Code of 1986 to permanently extend the Mr. NUNN. Mr. President, today I cific Fleet, was moved to say that on deduction for the health insurance costs of want to commemorate the 50th anni- Iwo Jima ‘‘uncommon valor was a com- self-employed individuals, to repeal the pro- versary of the conclusion of the World mon virtue.’’ vision permitting nonrecognition of gain on sales and exchanges effectuating policies of War II battle for Iwo Jima. They fought and died so that others Exactly 50 years ago today, the U.S. the Federal Communications Commission, might live in freedom. The purpose of and for other purposes. Marines successfully finished a fierce wresting Iwo Jima from the Japanese battle for a small dot in the Pacific The Senate proceeded to consider the was to establish a forward air base on bill, which had been reported from the that had been turned into one of the the island which served, among other most heavily fortified islands in the Committee on Finance, with an amend- things, as an interim emergency land- ment to strike all after the enacting world by a hard-as-nails Samurai war- ing base for United States bombers rior Japanese Lieutenant General clause and insert in lieu thereof the making the long run between the Mari- following: Kurabayashi. anas to targets in Japan. More than The battle for Iwo Jima had started SECTION 1. PERMANENT EXTENSION AND IN- 25,000 airmen in the Army Air Force CREASE OF DEDUCTION FOR on February 19, 1945. American mili- subsequently used Iwo Jima for emer- HEALTH INSURANCE COSTS OF tary planners half-a-world away came gency landings. SELF-EMPLOYED INDIVIDUALS. up with only one way to make Iwo into Mr. President, I know I speak for all (a) PERMANENT EXTENSION.—Subsection (l) of section 162 of the Internal Revenue Code of 1986 the needed U.S. forward base: an at- in saying we honor both those who fell tack right into the teeth of the Japa- (relating to special rules for health insurance on Iwo Jima and those who fought but costs of self-employed individuals) is amended nese defenses. managed to survive. I know it must by striking paragraph (6). The ensuing 33-day battle was the have been a very emotional ceremony (b) INCREASE IN DEDUCTION.—Paragraph (1) of basest form of struggle—individual last week on the black sands of Iwo section 162(l) of the Internal Revenue Code of against individual, inch by inch. Artil- Jima when thousands of the survivors 1986 is amended by striking ‘‘25 percent’’ and in- lery, mortars, naval gunfire, and air— joined Secretary of the Navy John Dal- serting ‘‘30 percent’’. the traditional combined arms of the (c) EFFECTIVE DATES.— ton and current Marine Commandant (1) EXTENSION.—The amendment made by sub- Marines—provided only marginal help Gen. Carl Mundy in paying tribute to section (a) shall apply to taxable years begin- to the attackers. The most powerful their bravery and sacrifice and to com- ning after December 31, 1993. weapon was the individual marine who memorate those who did not return. (2) INCREASE.—The amendment made by sub- hadto drive the enemy from gun em- I felt of that same emotion when I section (b) shall apply to taxable years begin- placements, caves, tunnels, and spider was fortunate to be on the Senate floor ning after December 31, 1994. SEC. 2. REPEAL OF NONRECOGNITION ON FCC holes. March 2, 1995, when Senator JOHN CERTIFIED SALES AND EXCHANGES. There were 2,500 marines killed on GLENN was making a very moving trib- that first day—February 19, 1945. The (a) IN GENERAL.—Subchapter O of chapter 1 ute about the marines who fought on of the Internal Revenue Code of 1986 is amended death toll tripled by the time the first Iwo Jima. This was part of a series of by striking part V (relating to changes to effec- marine fire team fought to the top of speeches about that battle by Senators tuate FCC policy). Mt. Suribachi 6 days later. Mt. who have served as marines. Each (b) CONFORMING AMENDMENTS.—Sections Suribachi was the strategic high point spoke about a different aspect of Iwo 1245(b)(5) and 1250(d)(5) of the Internal Revenue from which the defenders were pinning Jima. Code of 1986 are each amended— the marines down on the beaches and (1) by striking ‘‘section 1071 (relating to gain We would all benefit from reading all from sale or exchange to effectuate polices of was the dominating feature of the en- these speeches and so I ask unanimous FCC) or’’, and tire island. consent to have printed in the RECORD (2) by striking ‘‘1071 AND’’ in the heading Three reserve marines, two regular the names of the Senators, the date of thereof. marines, and one Navy corpsman their speech, and the page in the CON- (c) CLERICAL AMENDMENT.—The table of parts for such subchapter O is amended by striking joined together in a moment that cap- GRESSIONAL RECORD where their re- tured the soul of a service. They raised the item relating to part V. marks can be found. (d) EFFECTIVE DATE.— Old Glory atop that 550-foot extinct There being no objection, the list was (1) IN GENERAL.—The amendments made by volcano. Those on the beach below saw ordered to be printed in the RECORD, as this section shall apply to— the red, white, and blue flutter in the follows: (A) sales and exchanges on or after January breeze. Secretary of the Navy James 17, 1995, and Forrestal, there with the Marine Com- CONGRESSIONAL RECORD SPEECHES—IWO JIMA (B) sales and exchanges before such date if mander Major General ‘‘Howling Mad’’ the FCC tax certificate with respect to such sale Smith, turned and said: ‘‘The raising of Senator Date Vol. No. Page(s) or exchange is issued on or after such date. (2) BINDING CONTRACTS.— the flag on Mt. Suribachi means a Ma- Senator Robb ...... Feb. 10, 1995 ...... 141 27 S2455 (A) IN GENERAL.—The amendments made by Senator Thomas ..... Feb. 13, 1995 ...... 141 28 S2533–S2534 rines Corps for the next five hundred Senator Burns ...... Feb. 14, 1995 ...... 141 29 S2596–S2597 this section shall not apply to any sale or ex- years.’’ Senator Bumpers .... Feb. 15, 1995 ...... 141 30 S2732–S2736 change pursuant to a written contract which

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 6333 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4533 was binding on January 16, 1995, and at all nating subsections (i) and (j) as subsections (j) tions which are in excess of any limitation or times thereafter before the sale or exchange, if and (k), respectively, and by inserting after sub- which violate any condition for taxfavored the FCC tax certificate with respect to such sale section (h) the following new subsection: treatment. or exchange was applied for, or issued, on or be- ‘‘(i) DENIAL OF CREDIT FOR INDIVIDUALS HAV- ‘‘(B) FOREIGN PENSION PLANS.— fore such date. ING MORE THAN $2,450 OF INVESTMENT IN- ‘‘(i) IN GENERAL.—Under regulations pre- (B) SALES CONTINGENT ON ISSUANCE OF CER- COME.— scribed by the Secretary, interests in foreign TIFICATE.—A contract shall be treated as not ‘‘(1) IN GENERAL.—No credit shall be allowed pension plans or similar retirement arrange- binding for purposes of subparagraph (A) if the under subsection (a) for the taxable year if the ments or programs. sale or exchange pursuant to such contract, or aggregate amount of disqualified income of the ‘‘(ii) LIMITATION.—The value of property the material terms of such contract, were con- taxpayer for the taxable year exceeds $2,450. which is treated as not sold by reason of this tingent, at any time on January 16, 1995, on the ‘‘(2) DISQUALIFIED INCOME.—For purposes of subparagraph shall not exceed $500,000. issuance of an FCC tax certificate. The pre- paragraph (1), the term ‘disqualified income’ ‘‘(e) RELINQUISHMENT OF CITIZENSHIP.—For ceding sentence shall not apply if the FCC tax means— purposes of this section, a citizen shall be treat- certificate for such sale or exchange is issued on ‘‘(A) interest which is received or accrued dur- ed as relinquishing his United States citizenship or before January 16, 1995. ing the taxable year (whether or not exempt on the earliest of— (3) FCC TAX CERTIFICATE.—For purposes of from tax), ‘‘(1) the date the individual renounces his this subsection, the term ‘‘FCC tax certificate’’ ‘‘(B) dividends to the extent includible in United States nationality before a diplomatic or means any certificate of the Federal Commu- gross income for the taxable year, and consular officer of the United States pursuant to nications Commission for the effectuation of sec- ‘‘(C) the excess (if any) of— paragraph (5) of section 349(a) of the Immigra- tion 1071 of the Internal Revenue Code of 1986 ‘‘(i) gross income from rents or royalties not tion and Nationality Act (8 U.S.C. 1481(a)(5)), (as in effect on the day before the date of the derived in the ordinary course of a trade or ‘‘(2) the date the individual furnishes to the enactment of this Act). business, over United States Department of State a signed SEC. 3. SPECIAL RULES RELATING TO INVOLUN- ‘‘(ii) the sum of— statement of voluntary relinquishment of United TARY CONVERSIONS. ‘‘(I) expenses (other than interest) which are States nationality confirming the performance (a) REPLACEMENT PROPERTY ACQUIRED BY clearly and directly allocable to such gross in- of an act of expatriation specified in paragraph CORPORATIONS FROM RELATED PERSONS.— come, plus (1), (2), (3), or (4) of section 349(a) of the Immi- (1) IN GENERAL.—Section 1033 of the Internal ‘‘(II) interest expenses properly allocable to gration and Nationality Act (8 U.S.C. Revenue Code of 1986 (relating to involuntary such gross income.’’ 1481(a)(1)–(4)), conversions) is amended by redesignating sub- (b) EFFECTIVE DATE.—The amendments made ‘‘(3) the date the United States Department of section (i) as subsection (j) and by inserting by this section shall apply to taxable years be- State issues to the individual a certificate of loss after subsection (h) the following new sub- ginning after December 31, 1995. of nationality, or ‘‘(4) the date a court of the United States can- section: SEC. 5. REVISION OF TAX RULES ON EXPATRIA- ‘‘(i) NONRECOGNITION NOT TO APPLY IF COR- TION. cels a naturalized citizen’s certificate of natu- PORATION ACQUIRES REPLACEMENT PROPERTY (a) IN GENERAL.—Subpart A of part II of sub- ralization. FROM RELATED PERSON.— chapter N of chapter 1 of the Internal Revenue Paragraph (1) or (2) shall not apply to any indi- ‘‘(1) IN GENERAL.—In the case of a C corpora- Code of 1986 is amended by inserting after sec- vidual unless the renunciation or voluntary re- tion, subsection (a) shall not apply if the re- tion 877 the following new section: linquishment is subsequently approved by the placement property or stock is acquired from a ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- issuance to the individual of a certificate of loss related person. The preceding sentence shall not TION. of nationality by the United States Department apply to the extent that the related person ac- ‘‘(a) GENERAL RULE.—For purposes of this of State. quired the replacement property or stock from subtitle, if any United States citizen relin- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- an unrelated person during the period described quishes his citizenship during a taxable year— FICIARIES’ INTERESTS IN TRUST.— in subsection (a)(2)(B). ‘‘(1) except as provided in subsection (f)(2), all ‘‘(1) DETERMINATION OF BENEFICIARIES’ INTER- ‘‘(2) RELATED PERSON.—For purposes of this property held by such citizen at the time imme- EST IN TRUST.—For purposes of this section— subsection, a person is related to another person diately before such relinquishment shall be ‘‘(A) GENERAL RULE.—A beneficiary’s interest if the person bears a relationship to the other treated as sold at such time for its fair market in a trust shall be based upon all relevant facts person described in section 267(b) or 707(b)(1).’’ value, and and circumstances, including the terms of the (2) EFFECTIVE DATE.—The amendment made ‘‘(2) notwithstanding any other provision of trust instrument and any letter of wishes or by paragraph (1) shall apply to involuntary this title, any gain or loss shall be taken into similar document, historical patterns of trust conversions occurring on or after February 6, account for such taxable year. distributions, and the existence of and functions 1995. performed by a trust protector or any similar ad- (b) APPLICATION OF SECTION 1033 TO CERTAIN Paragraph (2) shall not apply to amounts ex- visor. SALES REQUIRED FOR MICROWAVE RELOCA- cluded from gross income under part III of sub- ‘‘(B) SPECIAL RULE.—In the case of bene- TION.— chapter B. ficiaries whose interests in a trust cannot be de- (1) IN GENERAL.—Section 1033 of the Internal ‘‘(b) EXCLUSION FOR CERTAIN GAIN.—The termined under subparagraph (A)— Revenue Code of 1986 (relating to involuntary amount which would (but for this subsection) be ‘‘(i) the beneficiary having the closest degree conversions), as amended by subsection (a), is includible in the gross income of any individual of kinship to the grantor shall be treated as amended by redesignating subsection (j) as sub- by reason of subsection (a) shall be reduced (but holding the remaining interests in the trust not section (k) and by inserting after subsection (i) not below zero) by $600,000. determined under subparagraph (A) to be held the following new subsection: ‘‘(c) PROPERTY TREATED AS HELD.—For pur- by any other beneficiary, and ‘‘(j) SALES OR EXCHANGES TO IMPLEMENT poses of this section, except as otherwise pro- ‘‘(ii) if 2 or more beneficiaries have the same MICROWAVE RELOCATION POLICY.— vided by the Secretary, an individual shall be degree of kinship to the grantor, such remaining ‘‘(1) IN GENERAL.—For purposes of this sub- treated as holding— interests shall be treated as held equally by such title, if a taxpayer elects the application of this ‘‘(1) all property which would be includible in beneficiaries. subsection to a qualified sale or exchange, such his gross estate under chapter 11 were such indi- ‘‘(C) CONSTRUCTIVE OWNERSHIP.—If a bene- sale or exchange shall be treated as an involun- vidual to die at the time the property is treated ficiary of a trust is a corporation, partnership, tary conversion to which this section applies. as sold, trust, or estate, the shareholders, partners, or ‘‘(2) QUALIFIED SALE OR EXCHANGE.—For pur- ‘‘(2) any other interest in a trust which the in- beneficiaries shall be deemed to be the trust poses of paragraph (1), the term ‘qualified sale dividual is treated as holding under the rules of beneficiaries for purposes of this section. or exchange’ means a sale or exchange before subsection (f)(1), and ‘‘(D) TAXPAYER RETURN POSITION.—A tax- January 1, 2000, which is certified by the Fed- ‘‘(3) any other interest in property specified payer shall clearly indicate on its income tax re- eral Communications Commission as having by the Secretary as necessary or appropriate to turn— been made by a taxpayer in connection with the carry out the purposes of this section. ‘‘(i) the methodology used to determine that relocation of the taxpayer from the 1850– ‘‘(d) EXCEPTIONS.—The following property taxpayer’s trust interest under this section, and 1990MHz spectrum by reason of the Federal shall not be treated as sold for purposes of this ‘‘(ii) if the taxpayer knows (or has reason to Communications Commission’s reallocation of section: know) that any other beneficiary of such trust that spectrum for use for personal communica- ‘‘(1) UNITED STATES REAL PROPERTY INTER- is using a different methodology to determine tions services. The Commission shall transmit ESTS.—Any United States real property interest such beneficiary’s trust interest under this sec- copies of certifications under this paragraph to (as defined in section 897(c)(1)), other than tion. the Secretary.’’ stock of a United States real property holding ‘‘(2) DEEMED SALE IN CASE OF TRUST INTER- (2) EFFECTIVE DATE.—The amendment made corporation which does not, on the date the in- EST.—If an individual who relinquishes his citi- by paragraph (1) shall apply to sales or ex- dividual relinquishes his citizenship, meet the zenship during the taxable year is treated under changes after March 14, 1995. requirements of section 897(c)(2). paragraph (1) as holding an interest in a trust SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR ‘‘(2) INTEREST IN CERTAIN RETIREMENT for purposes of this section— INDIVIDUALS HAVING MORE THAN PLANS.— ‘‘(A) the individual shall not be treated as $2,450 OF INVESTMENT INCOME. ‘‘(A) IN GENERAL.—Any interest in a qualified having sold such interest, (a) IN GENERAL.—Section 32 of the Internal retirement plan (as defined in section 4974(c)), ‘‘(B) such interest shall be treated as a sepa- Revenue Code of 1986 is amended by redesig- other than any interest attributable to contribu- rate share in the trust, and

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 6333 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4534 CONGRESSIONAL RECORD — SENATE March 24, 1995 ‘‘(C)(i) such separate share shall be treated as 877A(e) of the Internal Revenue Code of 1986, as the Giadellis, Bergers, or Cohens. And a separate trust consisting of the assets allo- added by this section) United States citizenship so, for this audience to give the impres- cable to such share, on or after February 6, 1995. sion of what ethnic campaigning was (2) DUE DATE FOR TENTATIVE TAX.—The due ‘‘(ii) the separate trust shall be treated as like, it had to be put in a form under- having sold its assets immediately before the re- date under section 877A(h)(1)(B) of such Code linquishment for their fair market value and as shall in no event occur before the 90th day after standable to that audience. having distributed all of its assets to the indi- the date of the enactment of this Act. I thought to myself, we are all prod- vidual as of such time, and The PRESIDING OFFICER. There ucts of our environment and where we ‘‘(iii) the individual shall be treated as having are 5 hours of debate, equally divided. grew up. And we may see things in a recontributed the assets to the separate trust. The Senator from New York. different light and often at a different Subsection (a)(2) shall apply to any income, Mr. MOYNIHAN. Mr. President, I do time. gain, or loss of the individual arising from a dis- believe the distinguished chairman of You may remember the difficulty tribution described in subparagraph (B)(ii). that Ed Muskie had in 1972 when he ‘‘(g) TERMINATION OF DEFERRALS, ETC.—On the committee wishes to speak first. the date any property held by an individual is The PRESIDING OFFICER. The Sen- used, or was alleged to have used, the treated as sold under subsection (a), notwith- ator from Oregon. word ‘‘Canuck,’’ a term of derogation, standing any other provision of this title— Mr. PACKWOOD. I thank the Chair. a term not to be used, and it hurt him ‘‘(1) any period during which recognition of Mr. President, ‘‘Amici attenti.’’ in the campaign. income or gain is deferred shall terminate, and These are the opening words in the Yet, you can go back not more than ‘‘(2) any extension of time for payment of tax play ‘‘Fiorello’’ when Fiorello 60, 70 years to the musical ‘‘Naughty shall cease to apply and the unpaid portion of LaGuardia is first campaigning for Marietta’’ and the captain, Captain such tax shall be due and payable at the time Dick. Captain Dick’s infantry was al- and in the manner prescribed by the Secretary. Congress in 1916. The set—and I saw it most a free-booter in terms of this lit- ‘‘(h) RULES RELATING TO PAYMENT OF TAX.— first in New York—is a wonderful set. ‘‘(1) IMPOSITION OF TENTATIVE TAX.— As he is campaigning, to give the sense tle private army, and in the Victor ‘‘(A) IN GENERAL.—If an individual is required of ethnic campaigning, he has a little Herbert musical, ‘‘Naughty Marietta,’’ to include any amount in gross income under box and they put it on the left of the you recall the lines: subsection (a) for any taxable year, there is stage. He stands up, and as he is speak- Tramp, tramp, tramp now clear the roadway. hereby imposed, immediately before the indi- ing to Italian immigrants, he says, Room, room, room the world is free. vidual relinquishes United States citizenship, a We are Planters and Canucks. tax in an amount equal to the amount of tax ‘‘Amici attenti, Trieste must be free as we must be free.’’ Virginians and Kaintucks. which would be imposed if the taxable year were Captain Dick’s own infantry. a short taxable year ending on the date of such Trieste was then a port disputed be- relinquishment. tween what is now Italy and what we There it was used as a term of geog- ‘‘(B) DUE DATE.—The due date for any tax im- used to call Yugoslavia. It was then raphy, perhaps, but really used as a posed by subparagraph (A) shall be the 90th day part of the Austro-Hungarian Empire. term for rural Americans. It does not after the date the individual relinquishes United Italy, of course, was allied on our matter if we are Canucks of French Ca- States citizenship. side during World War I, and the nadian background or planters or ‘‘(C) TREATMENT OF TAX.—Any tax paid Austro-Hungarian Empire was against Kaintucks. The times had changed and under subparagraph (A) shall be treated as a us. And one of the big issues in Amer- times do change. payment of the tax imposed by this chapter for I remember well January or Feb- the taxable year to which subsection (a) applies. ican politics where there was ethnic ruary 1942. My father was a lobbyist for ‘‘(2) DEFERRAL OF TAX.—The provisions of campaigning—people of Italian ances- section 6161 shall apply to the portion of any try—was the issue of Trieste. the principal Oregon business group, tax attributable to amounts included in gross in- Many of us today would understand now called Associated Oregon Indus- come under subsection (a) in the same manner it in a different venue—Cyprus, those tries, and then called Columbia Empire as if such portion were a tax imposed by chapter of Greek and Turkish ancestry; Jeru- Industries. He used to go to the legisla- 11. salem, those of Jewish and Moslem ture. He was a house counsel for them, ‘‘(i) REGULATIONS.—The Secretary shall pre- faith. The issues may change, but not not outside. He attempted to explain to scribe such regulations as may be necessary or me in 1942 an incident that I could not appropriate to carry out the purposes of this the methods. section, including regulations providing appro- It was interesting to watch grasp at the time. priate adjustments to basis to reflect gain recog- ‘‘Fiorello’’ in New York because at the I grew up practically every day after nized by reason of subsection (a) and the exclu- end of his little pitch to those of school at the neighborhood YMCA— sion provided by subsection (b). Italian ancestry, the box is simply swimming, tumbling, basketball—and ‘‘(j) CROSS REFERENCE.— moved to the other side of the stage, it was, indeed, a neighborhood youth ‘‘For termination of United States citizen- and he stands up and he is speaking to center, and we had a number of boys, ship for tax purposes, see section 7701(a)(47).’’ those of Jewish background in Yiddish, members of Japanese ancestry. One (b) DEFINITION OF TERMINATION OF UNITED with whatever may have been at the day they disappeared. Gone. STATES CITIZENSHIP.—Section 7701(a) of the In- time in 1916 appropriate for an appeal My father attempted to explain the ternal Revenue Code of 1986 is amended by add- to that group. relocation. He attempted to explain ing at the end the following new paragraph: As I went to law school at New York these were American citizens—he was ‘‘(47) TERMINATION OF UNITED STATES CITIZEN- University, that was all I needed, or also a member of the American Civil SHIP.—An individual shall not cease to be treat- Liberties Union, even though he was a ed as a United States citizen before the date on anybody familiar with New York need- which the individual’s citizenship is treated as ed, to give the impression of ethnic business lobbyist—and the unfairness relinquished under section 877A(e).’’ campaigning. in what he thought was clearly an un- (c) CONFORMING AMENDMENT.—Section 877 of I saw the play produced at an Oregon constitutional act, and surely the Su- the Internal Revenue Code of 1986 is amended high school some years later, and it preme Court would strike it down. by adding at the end the following new sub- was interesting the way the scene was I remember him calling to my atten- section: done. They did the ‘‘amici attenti,’’ tion that we were not going to im- ‘‘(f) APPLICATION.—This section shall not moved the box on the other side, and prison any Americans whose names apply to any individual who relinquishes (with- were Shultz or Heindrich of German in the meaning of section 877A(e)) United States spoke in Yiddish. Then they moved it citizenship on and after February 6, 1995.’’ back, and there is the same type of ancestry, even though at the time Ger- (d) CLERICAL AMENDMENT.—The table of sec- interlude in Swedish. They moved it man submarines were sinking ships 5 tions for subpart A of part II of subchapter N of back again on the other side, and it and 10 miles off our coast. chapter 1 of the Internal Revenue Code of 1986 was in Scottish. It was a difference in the way we is amended by inserting after the item relating Afterward, I talked to the high looked at ethnic backgrounds. to section 877 the following new item: school producer and asked him did he Mr. MOYNIHAN. Or Giadelli. ‘‘Sec. 877A. Tax responsibilities of expatria- know he had added this. He said, yes, Mr. PACKWOOD. Exactly. We did not tion.’’ he had seen ‘‘Fiorello.’’ imprison any Giadellis or any (e) EFFECTIVE DATE.— I asked, ‘‘Why did you add it?’’ DeAngelos; only those of Japanese an- (1) IN GENERAL.—The amendments made by He said, ‘‘Because the students here cestry. So as we look at things, our this section shall apply to United States citizens are familiar with the Johnsons and the whole growing up and our whole back- who relinquish (within the meaning of section Eriksons and the MacGivers, but not ground influence us.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4535 I noticed the glass ceiling report the he had wanted to say this man was Take the first, individual discrimina- other day on women and employment. wrong, but he did not. tion. Suzy Goldberg is Jewish, and I can understand the report. It is hard Now, Mr. President, with that back- Suzy wants to buy a house in a housing for me to grasp, in terms of my own ground, let me come to this bill. The development. The developers have a employment practices. The women in issue of this bill, de facto, is whether or covenant that they cannot sell to Jews. my office are my chief of staff, my not we are going to fund, for those who Suzy sues and wins and gets the house, press secretary, my legislative direc- are self-employed, enough money so and Suzy gets damages. An individual tor, my staff director, and chief coun- that they can deduct 25 percent in the wrong and an individual remedy. And sel on the Finance Committee. All of first year and 30 percent thereafter of that was what we thought we meant, I the principal positions of leadership in the cost of their health insurance pre- think, by civil rights and civil rights my offices are held by women. All of miums. There is no debate about that enforcement, that all people were to be my campaigns have been managed by subject. There is barely any debate judged on their individual merits and women for the last four campaigns. about the funding levels. We would all treated individually. Then we moved to On average, although we did this like it to be higher, but there is no de- a second phase. I remember this era be- study 8 or 9 months ago, women made, bate about what we have done. And in cause I was here. To digress for a mo- on average, $10,000 more a year than the discussion of this bill, I think rel- ment, it is interesting, when we were men in the office. I once had a man—I atively little controversy, if any, would debating the budget the other day, I do not know if he was facetious or be generated about the purpose of the mentioned a 1972 bill in which we were not—who talked to me about affirma- bill. voting whether or not to give to Presi- tive action and the feeling that some- But the bill became a flash point dent Nixon the power to cut the budget how men were not treated quite as when it passed the House and part of when it exceeded $250 billion. One of equally. the financing—we have continued it in the younger staff members, one of our In my office, if I had to have a quota the Senate—was the elimination of permanent staff members, came up and system, I would have to fire two or what are known as minority and said to me, ‘‘Senator, that was very in- three women and probably lower the women certificates at the Federal teresting, but if we had term limits, salaries of many others in order to Communications Commission, whereby would anybody know about that except reach some kind of equality. certificates of preference, in essence, some historian? I thought her point So, again, we are all products of our are given to sellers or others of broad- was well taken, perhaps because I am background. We all see things as we cast properties if they will sell them to going to go back now in history. I am saw them when we grew up, and often minorities or to women. not sure, if we had term limits, that people who grow up in a different era, This brings us, really, to the issue— anybody would know. or are treated differently, come at and it is interesting that in the Wash- Anyway, we went through this first things in a different way. ington Post this morning there is a phase of individual remedies for indi- I think rather than being harsh with long story and in USA Today is the vidual discrimination—and Hubert each other and judgmental, we are longest story I have ever seen for USA Humphrey’s wonderful comment is often better to be kind. Today—four pages—on the issue of af- cited over and over on the 1964 Civil One of the nicest eulogies I think I firmative action. I thought it ironic Rights Act. He said: ever read was by Winston Churchill that on the day we start this debate, I will start eating the pages, one after an- when Neville Chamberlain died. He those stories would be in two principal other, if there is any language which pro- died in about 1942. Chamberlain had newspapers. It is doubly ironic that we vides that an employer will have to hire on been the Prime Minister of Great Brit- start this debate on a bill that comes the basis of percentage or quota related to color. ain. He had been really the head of the from the Finance Committee. We have pacifists and had negotiated with Hit- jurisdiction of many things on this He was thinking individual remedy ler for peace for our time. He had been committee, but never in my wildest for individual discrimination. But the proven utterly wrong, and had to re- imagination would I have thought the difficulty came when you started get- sign almost in disgrace at the start of first debate on one of the major issues ting into a situation where you had the war. to face this country would come out of businesses that simply had a history of Churchill, all during the thirties and this committee. But so be it. Like gen- discrimination. Women would not rise during the ascendancy of Neville erals, you cannot choose where you above a certain position. No blacks Chamberlain, said, ‘‘Watch out for that want to fight. You fight where you would be hired. And you had this 30, 40, man. This Hitler is evil. We are going have to. or 50 years of discrimination. What do to go to war. The pacifists are wrong. Let me discuss what the issues in- you do? How does one individual rem- We should be arming, not disarming.’’ volved are and what we face, because I edy solve an almost aggregated prob- Everything Chamberlain did, Churchill think in this bill and in this issue, lem? disagreed with, and Churchill was whether or not we want to have pref- So the Johnson administration—and right. erences is really oblique. But what will my good friend, Senator MOYNIHAN, the Churchill’s wonderful eulogy is as come after this may be set by the tenor ranking member of the Finance Com- follows: of the debate today. Take a look at the mittee, is well familiar with this era. history of civil rights enforcement, and He was in the Kennedy administration At the lychgate, we may all pass our own it really falls into three categories: in- in the Department of Labor and cer- conduct and our own judgments under a searching review. It is not given to human dividual discrimination, individual tainly is familiar with everything that beings happily for them for otherwise life remedy, and then past discrimination, went on as we got to the Office of Fed- would be intolerable, to foresee or to predict where the remedy was a group entitle- eral Contract Compliance and the ef- to any large extent the unfolding course of ment rather than just an individual fort to get employers and those who events. In one phase, men seem to have been remedy. The last is a situation is where contract with the Government to do right, in another, they seem to have been you have no discrimination shown in better at hiring minorities and women. wrong. Then again, a few years later, when the past at all, but you have group en- But the administration, I think, cor- the prospective of time has lengthened, all titlements because you want to change rectly was afraid to actually set stands in a different setting. There is a new proportion. There is another scale of values. the ratios of employment, or admit- quotas. They did not want to use the History with its flickering lamp stumbles tance to colleges, or whatever, but no word ‘‘quotas.’’ Therefore, business, on along the trail of the past, trying to recon- showing of past discrimination. Those the other hand, was not quite sure struct its scenes, to revive its echoes, and three—the first is individual discrimi- what goal they were to hit. Ironically, kindle with pale gleams the passion of nation and individual right; the second it fell to a Republican administration former days. is past discrimination and group right, to really address this—there had been a He goes on for another three or four even though everybody in the group couple of court decisions, but the first paragraphs in his book and he con- may not have been discriminated set out a remedy that went way beyond cludes that, ‘‘We do honor to one.’’ against. And the last is, where there is any remedy to rectify discrimination Churchill would have had every right if no evidence of discrimination. to an individual person. It was called

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4536 CONGRESSIONAL RECORD — SENATE March 24, 1995 the Philadelphia plan. Here again, Government, you better have so many different kind of editorial opinion and when I say I have been here long percentages of different minorities. a different kind of news. enough to remember this, I am not That brings us to the issue at hand. Here is where the interesting sure if we had term limits, if anyone It is the issue of the Federal Commu- linchpin comes. It is a difference of would know this. nications Commission and the issuance opinion as to how one reads the stud- The Under Secretary of Labor was of tax certificates. We are principally ies. I have now read all the studies. I Larry Silberman. He was the author of talking about sellers of broadcast prop- think I mistakenly had not read the Philadelphia plan. He is now on the erties receiving a tax credit when they enough when it went through the Fi- court of appeals. I knew him well. I was sell to a minority. And the sellers are nance Committee. I thought initially on the Labor and Public Welfare Com- the ones that make, initially, the great that the studies proved that minority- mittee and dealt with him then. More profit. Here is an example: Let us say owned radio stations and television importantly, I got to know his wife, you bought a radio station for $1 mil- stations programmed differently. I and she was my press secretary for sev- lion 10 years ago and you want to sell have now, I think, read all of the stud- eral years in the 1970’s. So it is a long- it now. It is now worth maybe $5 mil- ies that were relied upon, and I will standing association. Larry Silberman, lion. cite a few. now Judge Silberman, was the author The FCC says if a person sells it to a One was done by Marilyn Fife in 1984, of the Philadelphia plan. In Philadel- minority, they need pay no taxes on an associate professor at Michigan phia, in the building trades, they had a the profits if, within 2 years, they rein- State University. It was a relatively history of discrimination. Initially, we vest them in a similar property. No modest study, of two local television thought against blacks, but I recall, 20 capital gains, no nothing. stations in Detroit. One was owned by years ago, Larry saying it was not So they have a $1 million station, a minority and one not, and her con- against blacks, it was against anybody they sell to a white person for $5 mil- clusions were as follows: There was no not related to somebody already in the lion, they have to pay taxes on $4 mil- significant difference between the sta- trades. You hired your cousin or your lion. Sell to a minority, they have $4 tions as to news and coverage of inter- uncle’s nephew, or somebody like that. million profit, and roll it into a similar national politics or issues. No signifi- It was a closed show. But it was totally profit and they pay no taxes. cant difference existed regarding cov- closed to blacks. What brought this issue to a head erage of community events and human So the administration came up with was the so-called Viacom deal, and this interest stories. No significant dif- the Philadelphia plan. Larry Silber- was a big deal. This was a sale of about ference existed as to coverage of crime, man, Under Secretary of Labor, now $2.4 billion and a deferral of taxes, $400 accidents and fire. And there was no Judge Silberman on the court of ap- to $600 million of taxes. That is what significant difference in the amount of peals, was simply decreeing that, caused this issue to come to a head. time devoted to racially significant henceforth, the building trades would Here is the problem with the FCC tax stories. In sum, she could find in that have to hire a certain number of mi- certificate program. First, there is no study no evidence that minorities pro- norities, and there had to be a time- history of discrimination in the sale of grammed to minorities. table and a goal to be reached. And the broadcast properties. If a person wants She did another study in 1986. This problem was—and Larry Silberman to sell their radio station, they will time she studied four television sta- said, in retrospect, and he set this sell it to the highest bidder. One fellow tions, one in Corpus Christi which was forth in a wonderful Wall Street Jour- said, ‘‘I don’t care if they have blue owned by Hispanics; another one in De- nal article in 1977—he said that inevi- skin and an eye in the center of their troit—the minority owned station she tably the goals and the timetables be- forehead. If they have the most money, had studied previously; one in Jackson, came quotas. How could you know if they get to buy the station.’’ MS, that was black-owned; and a sta- somebody was meeting the goal with- There is utterly no history of dis- tion in Bangor, ME, that was 100 per- out counting? And the counting be- crimination in the sale of properties. cent black-owned, principally by 35 came quotas. And, finally, the employ- Yet the FCC wanted to ensure that mi- black professionals who were mostly ers, out of frustration and fear, started norities could get properties, and they from Chicago. setting quotas. If there were 20 percent had to hinge it on something, as they What she discovered was interesting. blacks in the area, you try to hire 20 had no history of discrimination in the In Corpus Christi, which is 48 percent percent blacks, if you can. sale of these properties. Hispanic, this station owned by His- I might quote one paragraph from So they came up with the idea of di- panics attempted to broadcast margin- that Wall Street Journal article that versity broadcasting. It is not a new ally to Hispanics but they had dif- Larry Silberman wrote in 1977: idea; it is a policy they have followed ficulty getting advertising revenue, for years. But normally we would have I now realize that the distinction we saw and they did the best they could. But between goals and timetables on the one thought of it as economic concentra- she also discovered that there were hand, and unconstitutional quotas on the tion. A person was not allowed to own other stations in Corpus Christi. These other, was not valid. Our use of numerical two radio stations in the same town. are radio stations owned by whites that standards in pursuit of equal opportunity has They came up with a policy that said, were broadcasting to Hispanics—48 per- led ineluctably to the very quotas, guaran- ‘‘You have to sell one.’’ Involuntary cent of the market. We can understand teeing equal results, that we initially wished conversion. You sold it, you got the tax why. to avoid. certificate because the Government The Detroit study was no different So now we have gone from an indi- made you sell it. than she had seen 2 years before. The vidual remedy, for an individual act of Pretty soon they said a person could two stations—one black-owned, one discrimination, to a group entitlement not have a newspaper and television not—still broadcast similarly. and having to hire a certain percentage station in the same town, and they re- In Jackson, MS, about 40 percent of of minorities, even though many in the quired the divesting of the involuntary the population is black. But the black minority may have never suffered any diversions, and the tax certificates owned-station did not program any dif- individual discrimination in hiring. were used because they changed policy. ferently than the other stations pro- They never applied and had never been It was almost as if they were thinking grammed. All of the stations were turned down. As Larry Silberman said, they did not want William Randolph aware that there was a 40 percent black once the Philadelphia plan was adopt- Hearst to own the television station, audience; it did not matter if they were ed, we began to apply it nationwide radio station, and newspaper—almost owned by minorities or not. like Johnny Appleseed, scattering it an economic antitrust. Then in Bangor, ME—the interesting every place, and even starting to apply The argument is people wanted diver- one—Bangor has only about .2 percent it where there was no evidence of dis- sity. In 1978, the FCC, Federal Commu- black population. And although the crimination. Just assuming that after nication Commission, started the pol- station studied was totally owned by 200 years there had been discrimination icy of diversity; you sell to minorities blacks, they said it was first and fore- and therefore, Mr. or Ms. Employer, if and you want diverse voices owning most a profit-oriented entity. The goal you want to contract with the Federal television and radio so you could get a of the news management was to have

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I do not know the types of news coverage by five and have been replaced by the other 4 what the thrust or radius of the broad- newspapers and then three television that have been appointed since 1990—it casting market is, but I would guess stations and two radio stations, one relied upon, basically, the CRS study 300,000; and Medford, OR, I guess would white-owned and one black-owned. and said there is evidence that a mi- be our third biggest market, and I They discovered among the news- nority-owned station programs more guess it would be 200,000. Each of the papers, initially, a tremendous diver- likely to a minority audience than towns have the three network affili- sity in the way the news was covered would a nonminority-owned station. ates. In each of the towns, two of the depending upon whether you were But in a blistering dissent when the network affiliates are owned by black-owned or not. But then look at same case was in a lower court, Judge women. Ironically, in each of the the papers that were being studied. The Williams said as follows: towns, the affiliates are owned—I mean Boston Globe and the Boston Herald Hispanic targeting is obviously more like- in Medford and Eugene—each of the af- were immense big dailies, not black- ly to be profitable in Miami than in Min- filiates are owned by the same woman. owned. The three black-owned papers neapolis. Thus, if specific minorities are So in Eugene, OR, you have Carolyn were the Bay State Banner and the more likely to own stations in areas where they are numerous (which seems likely), the Chambers owning a television station, Boston Greater News, both published difference in ‘‘targeting’’ that the Report going head to head with Patsy Smullin, weekly; and the Roxbury Community hesitantly attributes to the owners’ racial who owns a television station. And in News, published monthly. characteristics may be due simply to their They, in essence, were ‘‘narrow cast- rational responses to demand. Medford, OR, the same two women own two stations, going head to head in ing’’ as can be done in the print. We This was the difficulty with the competition. I defy you to go to Eu- still find all kinds of foreign language study. How do you tell if a station—if newspapers in this country, printed in it is in a city that has a 30- or 40- or 50- gene, OR, and watch any of the sta- this country, for a narrow population. percent Hispanic listening audience or tions and try to figure out from look- Those three black-owned papers in Bos- a 25- or 35- or 40-percent black audience ing at what is on it whether it is owned ton, two weeklies and a monthly, were and is owned by a minority—programs by a man or a woman. You cannot. I programmed to some extent to a black a certain way because it is owned by a understand why. These are two canny audience. But we can do that in print; minority or programs that way because women. They are successful business- a person can do that. Say, if I have 5, that is the audience there is to listen women. They understand their mar- 10 percent or 15 percent interest in to it? And that is what the minority, kets. this, I can make a little profit on it. both at the lower court and then 5 to 4, So now you ask yourself—and this is But the two big papers, the Boston with Sandra Day O’Connor writing the where we are coming, now, down to the Globe and the Boston Herald that were dissent in the Supreme Court—that third issue. Remember, I said there are in essence printing broadly for every- was the difficulty they found. And she three types of remedies in the history body, printed for the broad audience. says, ‘‘First,’’ in the dissent, ‘‘the mar- of civil rights litigation. Then regarding the radio stations ket shapes the programming to a tre- studied in Boston—one white-owned mendous extent. Second, station own- One is remedies for individual dis- and one black-owned—again what the ers have only limited control over the crimination. Suzy Goldberg cannot buy Trotter study concluded was inter- content of programming. Third, the the house. She is discriminated esting. We should think of it in the FCC had absolutely no factual basis for against. She sues, she wins, she gets context of our use of the words ‘‘nar- the nexus when it adopted the policies the house and damages. That is one. row’’ and ‘‘broad.’’ What do we call the and has since established none to sup- Two, you have remedies based on a function of radio and television sta- port its existence.’’ history of discrimination. Let us say it In essence, she said there is no evi- tions? We call it broadcasting. It is al- is in employment. A business has not dence to conclude that because minori- most impossible to limit your signal to hired blacks, or trade unions have not ties own a station they broadcast to a particular segment—to broadcast it let minorities in for years, and you sue to a particular segment of the popu- minorities. Now, however you look at these two and your remedy is a class entitlement lation. A person might get a particular or three reports, where you could read in which you say: We are going to re- segment to listen —broadcast country them one way or the other, there are quire the business to hire so many and western, or soul, or all news. Who- two glaring problems with them. One, women or promote so many women; or ever likes that will listen. No way can the CRS, the biggest study, did not in- we are going to require the trade union a person shut out everybody else who clude television in its analysis. So you to let in so many minorities until they might want to listen. have no evidence. They just did not reach a certain quota and we are going What the Trotter study discovered on cover any television stations. And, to give this preferential hiring right to the broadcast properties was that they while they included women, the report any number of people in the class that all broadcast ‘‘broad’’ whether they basically concludes that women-owned has been discriminated against even were owned by whites or owned by mi- stations do not program specifically to though they individually have not been norities. They all regarded themselves women. So if your hope in giving a mi- discriminated against, but you have a as part of the overall community. No nority certificate to a seller who sells history of discrimination. significant difference. to women is to get whatever women’s And then the third type of remedy is Then we get to the CRS study, the programming might be—whatever that in a situation where you have no his- Congressional Research Service study, is—you do not get it. It is no different tory of discrimination. This is where which admitted in itself it had some than any other station that is owned shortcomings. It was done in 1986, but by a man. the difficulty comes in Federal pro- it was done by sending out a question- So, in these multiple studies, you grams, and it is an interesting distinc- naire. It had, basically, sort of multiple have this situation: Some arguable evi- tion that the Court makes. When the choice and then check boxes as to what dence—some—that a minority-owned Court is reviewing discrimination on kind of programs are done, no personal station might program to minorities. the part of State or local governments, interviews. All the stations did not re- But to me, the overwhelming evidence or businesses or trade unions, there spond, but it was a broad study. There is that it depends upon the market must be evidence of past discrimina- is a question as to whether it was deep that you are in, rather than the owner- tion before there can be a remedy of or not—it is hard to tell. ship. Second, as to women, there is no any kind. But if the Federal Govern- From this study came the principal evidence that they program to women ment is imposing some kind of hiring reliance of the courts, or the principal at all. preference or admittance preference or criticism by the courts, of the FCC’s In fact, again, I started this speech whatever, the Court does not require policy, because it finally came to the talking earlier about my experiences. any showing of discrimination. They

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It is par- But I would make just a very few Communications Commission, where ticularly ironic if you think back in comments, some of which might reso- you have no history of showing of past history. When we were going through nate with the chairman. He mentions discrimination in the sale of broad- the Dark Ages and Western Chris- that I was in the Kennedy administra- casting properties, and where at best tendom was going through the Dark tion. I was, in fact, Assistant Secretary the only justification for the minority Ages, we progressed through holding on of Labor for policy planning in the tax certificates is the argument that to repositories of learning in a few Kennedy and Johnson administrations. minorities or women program dif- monasteries for practically 1,000 years. I was present at the creation, if you ferently, and you get diversity. As I You had these great Moslem centers of could say, when Vice President John- say, the evidence on this is mixed. Is learning, and Jewish centers of learn- son went down Pennsylvania Avenue, that a sufficient justification for set- ing. Ironically, almost all of them were and left this Chamber. He had two prin- ting aside part of the television and in what is present-day Iraq. Here were cipal activities in the Federal Govern- radio spectrum for women and minori- the candles of learning and education ment, not many, after rather enormous ties? which we kept burning. Western Chris- energy was given to assignments: The Without getting into the argument tendom was almost on the brink of in- space committee, which was mostly in- as to whether it is or it is not, the tellectual extinction. terested in whether—the great issue at question you ask yourself is: Do we So times change. Were there periods the time—that would we build the su- want a Government policy that says we in our history where we needed to have personic transport. All the major are going to attempt to help minorities group entitlements to remedy past dis- transport planes in this country had or to help women where there is no evi- crimination? I emphasize that again. been begun as military models. They dence of discrimination? And in order Group entitlements to remedy evidence had gotten bigger and faster and so to help them, we will give them a pref- of past discrimination? Maybe. Maybe forth. Finally, they came along with the su- erence and, of necessity, as there is a not. That was the Philadelphia plan. personic. It could get you anywhere in limited amount of these properties, the The Philadelphia plan, for all of its no time at all but with only a platoon preference will have to exclude some- good intentions, when it set goals and of marines. And was it really worth it? body else who could have otherwise timetables could not avoid quotas be- The Defense Department said we will bought the station or might have oth- cause there was no way to get there turn it over to civilian manufacture, if erwise bought the station. without counting. they want to. In the end, as you know, I want to tell you what I think is the But I really want to ask a broader we decided not to and the Europeans danger of this policy. It is not so much question—we do not need to answer it a danger as to whether or not we want decided to do so. really today in this bill—as to whether Vice President Johnson would con- to have a policy of giving preference or not we want group entitlements centrate on that, and have meetings all where there is no discrimination. What where there is no evidence of past dis- Saturday and Sunday. But mostly he bothers me is that the Federal Govern- crimination. Not an iota. And we allow was concerned with a Department of ment is first defining minority and de- the group entitlements at the expense Labor subject of the employment of ciding what voices it wants to hear in of others in different groups because of minorities in units. He threw himself broadcasting. the Government decision that we want into that effort. I will tell you one group that is not to prefer some people over others I can remember walking into Sec- included that I would think would have where there is no evidence of discrimi- retary of Labor, Arthur Goldberg’s of- a legitimate complaint. It is Ameri- nation. fice one morning and there on Steve cans of Arab ancestry. They do not So as we start this debate—I do not Schulman’s desk were three pink slips count as a minority. They are Cauca- mean today—as we start it in this Con- saying ‘‘Call Camel.’’ He was in Af- sian, so they do not count. I would gress and in this country, and it is ghanistan, the Vice President at that wager that the average American coming in the years, I hope we begin point, in that celebrated effort in watching television news today thinks this debate with understanding and not which he took a camel driver, and gave of anybody of Arab ancestry as a ter- malice. I hope we can conduct this de- him a truck and ruined the man’s life. rorist—they are going to blow up the bate with gentleness rather than ran- They did not have any spare parts for plane, blow up the World Trade Center, cor. I hope we conclude this debate the trucks but with camels you could or assassinate our diplomats. It is to- with love, charity, and the hope that go. But he was thinking of this mission tally unfair to the millions of Ameri- all individuals of any race or ethnic and all. cans of Arab ancestry who are hard- background can finally achieve their When he became President and was working, decent Americans, who send rightful day in the Sun where they do dealing, he was confronting, and you their kids to school—but they do not not have to live in the shadow of the were very sensitive. If I can say to the count as a minority. They cannot get suspicion that they got there because Senator that Judge Silverman, com- any tax preference for the purchase of of a preference. menting on the Philadelphia plan, a radio station or television station be- I wish that we had not had to come pointed out that they discovered that cause the Federal Government has to this today or any other day. But we the absence of other groups in those made its decision as to which voices are here. building trade unions was not a matter will be allowed. And when any govern- So let us continue, as I hope, in spirit of discrimination against as discrimi- ment has the right to make that deci- of fairness and let us make the decision nation for. There has been a great deal sion, that is a danger to be frightened as to whether or not this country of literature, apocalyptic, grandiose, of. wants to go down the path of group en- about the nature of the labor move- Most of us in the Senate can still re- titlements without any evidence of dis- ment and what it would do for the member the attacks that came before, crimination. world, transformation, and so forth. during, and after Nazi Germany about I thank the Chair. But still the most demanding text the Jewish-owned press. The New York Mr. MOYNIHAN addressed the Chair. was written out of the University of Times was singled out by the Fascists The PRESIDING OFFICER. The Sen- Wisconsin in the 1920’s by Selig Perl- as supported by the Government. They ator from New York. man, called the ‘‘A Theory of the Labor were not, but it was the allegation: Mr. MOYNIHAN. Mr. President, Movement,’’ in which he broke the supported by the Government. It was a might I begin by—once again, not the hearts of a whole generation of pro- front for Franklin Roosevelt. That is first time and not for the last—express- gressives by saying the labor move- the kind of fear I have, a fear of the ing my great admiration for the clar- ment arises from the perception of the

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4539 scarcity of economic opportunity. new groups identified in one form or but obviously we did not get that legis- There are not many jobs. There are another, thinking that this would lation passed. Thus, we have a situa- only some jobs for plumbers in this widen support—Native Americans, an tion where the filing deadline for the town, and it would be very careful who obvious example. 1994 tax year is fast approaching and gets to do the plumbing, trying to re- But I remember, in the 1970’s, run- the self-employed are left with no strict it to your circle because the eco- ning into a list that had been compiled health insurance deduction. It is im- nomic opportunity was scarce. That in the Department of Health, Edu- perative that we act promptly on this was published, ‘‘A Theory of the Labor cation and Welfare which on one line in legislation so that more than 3 million Movement,’’ in 1928. a list of categories had the category self-employed individuals across this But it also became clear as we began Maylays and Aleuts. It is a little hard country can file their 1994 tax return these efforts that we were dealing with to be clear what exactly the relation- by the April 17 filing deadline. We must issues of caste in American life, then ship between Maylays and Aleuts was, act quickly, and I am confident we very real, but also class. Particularly but somebody had it in their head. We will. in the Labor Department they had been will deal more effectively, with the Of course, reinstating the deduction able to understand the class issues; kind of openness of mind and heart costs revenue. In order to avoid in- that these merged in many cir- that the Senator has spoken of, if we creasing the deficit, we must offset its cumstances. are aware that we are not alone in this cost with other provisions. And I was There is in the current issue of The matter. Ethnic divisions are the pri- concerned, with colleagues on both New Republic an article by Richard mary source of division in the world sides of the aisle, that we have decided Kahlenberg called ‘‘Class, Not Race.’’ today, class division having turned out to pay for the health insurance deduc- It proposes a distinction which is real. to be much less powerful—not absent tion with a provision that has a long But I do not think an exclusive consid- but much less powerful. The problem history and is controversial, as the eration of either one gets you into a lot is, as the Senator has referred, once chairman observed. you list 10 groups, you have excluded of difficulty. But he points out. He I refer to section 1071 of the Internal 110 groups. So then you go to 11 and said: Revenue Code which authorizes the then you will go to 12. But you never In Lyndon Johnson’s June 1965 address to Federal Communications Commission Howard University in which the concept of reach a point where there is nobody to provide tax deferral to sellers of affirmative action was first unveiled did not that has not been excluded, and indeed broadcast properties when such sales ignore class. In a speech drafted by MOY- our affirmative action programs today effectuate FCC policies, including sales NIHAN, Johnson spoke of the aftermath of on behalf of minorities cover about 75 to minority purchasers to foster pro- caste discrimination which had the effect of percent of the population. class disadvantage. That was the first asser- gram diversity. This bill would retro- The second point to make, if I may— tion of affirmative action as a Presidential actively repeal section 1071 so that and I am sure the distinguished Pre- policy. even those transactions which had been siding Officer would recognize this—it The speech was given in June 1965, negotiated in reliance on section 1071 is invariably, inexorably the pattern of and on September 24, Executive Order could not go forward. One thing is clear bureaucratic behavior—I know it is a 11246, part one, nondiscrimination in as we consider this bill—there were bad word but it is a reality—to seek to Government employment. This was di- other ways to pay for the reinstate- quantify. They will say count up and rected to discrimination and non- ment of the deduction. discrimination in employment by Gov- then we will know. It is Weberian uni- Mr. President, many assertions have ernment contractors and subcontrac- formity. I have got to be able to say I been made about the FCC tax certifi- tors, addressing yourself to the old re- have the same standards you have and cate program, some justified, some not. frain ‘‘no Irish need apply’’ phe- let us measure by these same standards I, and many of my colleagues, recog- nomenon. which will turn out to be quantitative. nize that valid questions have been We provided that the Federal con- Let us see who has done the better job. raised about the way that section 1071 tractor had to agree to take affirma- I think if we demystify a lot of this, is currently being administered. But, tive action to ensure that applicants we will do a better job in handling it, before we act on this bill, we should be are employed and that employees are with the openness that the Senator clear that other options were available, treated during employment without re- talks about, because let us not have short of outright repeal on a retro- gard to their race, creed, color or na- any illusion about the problems of active basis. I proposed an amendment tional origin. That is the first use of af- equality in the United States. There in the Finance Committee that would firmative action. are very real problems of equality. The have paid for the health insurance de- In 1967, I had departed then but all Senator from Oregon nodded agree- duction at an increased level of 30 per- work was done in the Labor Depart- ment at this point. They are enduring cent, avoid the issue of retroactivity, ment—very important, the Labor De- problems and a democracy inevitably and provided a moratorium of up to 2 partment—in 1967, the Executive Order and properly addresses them, and does years on the FCC’s issuance of tax cer- 11246 was amended to apply to gender so in settings of great emotion because tificates. During the moratorium pe- discrimination as well, by President the one basic fact is that we are a Na- riod, no FCC tax certificates would be Johnson. And then again in 1969—and tion defined by credo rather than by issued and applications for tax certifi- peripatetically I am back, I am in the territory and blood, and the credo of cates would not be processed by the White House—President Nixon went equality is very powerful in the United FCC. The Administration is under- further in Executive Order 11478 to States. In the end, you have to be very taking a comprehensive review of all speak basically to quantitative meas- sensitive to perceptions that it is not Federal affirmative action programs. ures: being equally applied, and that is one of the things we are going to deal with The moratorium would have provided The head of each executive department and adequate time for the Congress to take agency in the United States Government here. shall establish and maintain an affirmative If my friend would permit, however, I a careful look at section 1071, consider action program of equal employment oppor- would like to address the more pedes- any recommendations from the admin- tunity within his jurisdiction, in accordance trian but yet more urgent matter be- istration, and make changes in an or- with the policy set forth in section 1, to as- fore us which is the restatement of the derly way. Section 1071 was enacted sure that recruitment activities reach all 25-percent tax deduction for the health more than 50 years ago, in 1943, and its sources of job candidates. insurance expenses of the self-em- application to sales of broadcast prop- At this point, not to sound too theo- ployed, which is the measure before us erties to minority purchasers has been retical, we are getting behavior of or- today. in place for 17 years, since 1978. It is ganizations. Two phenomena took Authority for this tax deduction ex- only reasonable to expend more than a place. One is that Federal executives pired at the end of 1993. The health few weeks when making significant seeking to bolster the legitimacy and care reform legislation reported by the changes to the provision. Unfortu- widen the support for these affirmative Finance Committee last year would nately, the necessity of acting quickly action programs included successively have reinstated it on a timely basis, on the extension of the self-employed

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4540 CONGRESSIONAL RECORD — SENATE March 24, 1995 health insurance deduction has pre- two of the most intellectually gifted, rior individuals. They refer to ‘‘The cluded that kind of deliberation. eloquent Members of the U.S. Senate, Bell Curve.’’ The amendment that I offered in the both of whom have a long record in the It has also been stated that reverse Finance Committee to this legislation field of civil rights and affirmative ac- discrimination—which, I think, is a would have eliminated the retroactive tion programs that attempt to rectify misnomer, reverse discrimination, be- aspect of the repeal of section 1071. Our policies of discrimination. cause discrimination really means you colleagues in the other body, and more The PRESIDING OFFICER. Let me have the power to discriminate, to hold recently the Senate Finance Com- interrupt the Senator. someone down or back. For most peo- mittee, have voted to repeal section Who is yielding time? ple who fall into the category of minor- 1071 on a retroactive basis—that is, ret- Mr. PACKWOOD. Mr. President, I ity, they do not have power. But, none- roactive to January 17 of this year, the yield as much time as the Senator may theless, assuming you accept the date on which the Chairman of the need. phrase ‘‘reverse discrimination,’’ some Ways and Means Committee issued a The PRESIDING OFFICER. The Sen- have said it is an evil equal to slavery. press release raising concerns about ator is recognized. I find that to be more than a mild ex- the provision. The best information we Mr. COHEN. I thank the Senator for aggeration, given the history of what have is that there are at least 19 trans- yielding. has taken place in this country. actions that were negotiated in reli- I would like to discuss the broader And, of course, most people believe, ance on the existence of section 1071 issue involved here. Since this par- and all of us here share in that belief, and had FCC tax certificate applica- ticular bill is said to be the first wave that we are fundamentally opposed to tions pending on January 17. In many of an oncoming assault on all affirma- discrimination. of these cases, the parties had signed tive action programs, I would like to On one hand, we are fundamentally definitive purchase agreements, sub- discuss the subject in a broader con- opposed to discrimination; namely, ject only to issuance of an FCC tax cer- text. basing our decisions and judgments of tificate, filed applications for FCC tax First, commenting on the statement people on the color of their skin or the certificates, and expended hundreds of of the Senator from New York, we are texture of their hair, their gender. We thousands—in some cases, millions—of trying to provide very much needed re- are all opposed to that, but we also re- dollars in negotiation costs. All done in lief to the self-employed, a tax benefit ject any affirmative programs to rec- reliance on an FCC policy that had that had expired last year for self-em- tify discrimination where, in fact, it been in place for 17 years and had been ployed individuals who need to pur- exists. expressly reaffirmed by Congress in chase health insurance. That deduction I would like to say, respectfully, to each annual appropriations bill for the expired last year. It needs to be re- my colleagues that we have yet to fully FCC since 1987, most recently in appro- stored. and honestly confront the fact that priations legislation passed in August In my own opinion, we need to ex- racism is an evil that is not simply a 1994. pand it as we try to reform our health stained chapter in our history books. It Businesses cannot plan, cannot nego- care system. Many of us would like to still flourishes in many overt and, I tiate, and cannot compete on a fair see the self-employed put on the very would suggest, even more subtle ways. basis under the threat of this kind of same footing as the employers who now We tell ourselves that we practice retroactive reversal of the law. The claim a 100-percent deduction. Obvi- our religious teachings in terms of lov- critical issues are adequate notice and ously, that will involve a revenue loss ing our fellow man, until a controversy justified reliance. Many of us believe and we will have to find ways to pay arrives or a conflict in our emotions or that the affected parties justifiably re- for it. That, of course, is the second our loyalties, and then the darker an- lied on the law in effect when they en- component of what we are talking gels of our nature surface and they lash tered into their transactions, and that about here today, finding ways to pay out and they blame or condemn those the notice they received was not ade- for the restoration of a tax benefit that whose race or gender is different from quate. This kind of retroactive legis- we would like to see not only restored our own. lating should not be done. I regret that but increased. I recall during the Iran-Contra hear- it is in this bill, but the time has now I think what is remarkable from my ings—those were chaired by our distin- run out for alternatives if we are to get perspective, in reading today’s Wash- guished colleague from Hawaii—by vir- the self-employed health insurance de- ington Post front page story about the tue of the fact that we had a very pop- duction reinstated within a reasonable mood that is sweeping the country, one ular lieutenant colonel testifying be- period before tax returns for 1994 must that the polls tell us is overwhelming, fore that committee, the hate mail be filed. that is the rejection of the whole no- started to pour in, hate mail directed Mr. President, we could have ad- tion of affirmative action. at Senator INOUYE—a floodtide of dressed the need to extend the self-em- Many people assert today that we are nasty, negative epithets directed to- ployed health insurance deduction in a living in a color-blind society. I feel ward a man who had given his limb, of- timely manner without retroactively that is a flagrant falsehood. I do not fered his life in defense of this country. repealing the Minority Broadcast Tax for one moment believe that we live in And yet, because he had the audacity Preference Program. We must act a color-blind society. I think, quite to to question a Marine, a popular Ma- promptly to reinstate the 25 percent the contrary, perhaps we are more rine, suddenly the hate surfaced and tax deduction for the health insurance color conscious than ever by virtue of was directed at him. expenses of the self-employed. And, we the social developments that have I thank our colleague from New will. I regret, however, that my col- taken place in the past 10, 20, 30 years. Hampshire, Senator Rudman, who leagues did not accept the amendment There is also a notion that not one of spoke out vocally and strongly against I offered in the Finance Committee us should ever be held responsible for that, condemning the indulgence of ra- which would have allowed us to review past discrimination. In other words, cial hatred. Because, suddenly, the poi- this provision more carefully, correct you could have what you call 2 cen- sonous emotions started to bubble up, what must be fixed and retain what has turies or 4 centuries of absolutely rep- and the hate-mongerers said, ‘‘Ah-ha, clearly worked for so many years. rehensible conduct and its impact on there is a minority. How dare he chal- Mr. President, I see the Senator from the minority groups, and there should lenge one of us.’’ Maine has been on the floor. I think he be no curative or restorative responsi- And so, this has been our past and I wishes to address this. bility borne by today’s generation. think it will continue to be our future I yield the floor. That is a sentiment which apparently unless there are major changes that Mr. COHEN addressed the Chair. is very widely held. will take place, hopefully during our The PRESIDING OFFICER (Mr. Another widely held view is that un- lifetime, but I doubt that. THOMAS). The Senator from Maine. qualified blacks and minorities are So we have to go back and ask what Mr. COHEN. Mr. President, first let taking jobs away from more qualified was the basis for affirmative action. me say that we have heard presen- white males, and some would even The Senator from Oregon, gave a tations here this morning by, I believe, argue genetically intellectually supe- very perceptive analysis of its birth.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4541 But I think it is partly guilt, partly color of their skin or the nature of The owner, Robert Johnson, when he guilt on our part. And with reference their gender who are unqualified, but was applying to college, Princeton, was to the Philadelphia story, so to speak, rather to use some affirmative action initially denied admission, except that the Philadelphia plan, some saw it as to allow those who are, in fact, gifted he was then allowed to enter through a partly political expediency. and willing and able to break through minority admissions program. He The guilt came about because we had barriers that may be made of glass or ended up finishing sixth in his class. recognized that we had perpetrated a concrete. What he gained from that entry into monstrous evil, that we had enslaved a I mentioned expedience, by the way. Princeton was access to other people, that we had called them only The Senator from Oregon pointed to Princetonians, access to capital, access three-fifths human, that we had de- the Philadelphia plan. It has been writ- to influence. And had he not had that stroyed their families, their dignity, ten that Richard Nixon seized upon the opportunity to break through that bar- their pride, and that we had deprived plan back in the seventies, to get at rier that initially had been denied him, them of opportunity. We had prohib- the Democrats, to break through the he would not be in the position that he ited them from learning to read or trade and contruction unions who had is today. write or vote. And then we insisted at that point, and to this day, I sus- So he started Black Entertainment that they should be willing to fight and pect, still basically support the Demo- Television about 20 years ago with a die for America, but they could not cratic Party. That this was a way to personal investement of—I do not sleep in the same barracks, they could really drive a wedge into the Demo- know— $25,000, $30,000, $40,000, what- not eat in the same dining halls, they cratic Party by opening up that par- ever it was. Today, that station is could not drink from the same foun- ticular marketplace, so to speak, to probably worth $300 or $400 million. tains. blacks who had been denied that oppor- I challenge anyone to watch the pro- I do not know whether the Senator tunity. gram. Is it different than CBS pro- from Oregon saw the article that ap- So the question is, have we been suc- gramming or NBC or CNN? I suggest to peared in the Washington Post about a cessful? I suggest only partly. The Sen- you the programming is quite dif- week or two ago about the Tuskegee ator from Oregon rightly talks about ferent. It is quite different. And I sug- airmen. It was a poignant story. It was stereotypes. What happens to Arab- gest that that relationship between the Americans in this country? We imme- a reunion of the Tuskegee airmen, a ownership and his status has a great diately see the stereotype of a ter- group of black pilots who flew back in deal to do with that programming. rorist. How unfair, as he has pointed World War II. It was a very emotional The Senator from Oregon asked the out. question: Do we want to grant pref- reunion for them. There were tears The same thing is true for African- erential treatment to groups where welling up in their eyes as they were Americans in this country. We see there is no evidence of past discrimina- telling their stories. them, do we not, as athletes? We are They had to fight two wars. They had tion? But there is another question I witnessing the return of Michael Jor- think we can also ask: How do those to fight a war against Hitler and they dan and a tremendous outpouring of who have been victims of past or had to fight one against an inner rage pride and near hysteria at his return- present discrimination ever acquire that was burning inside them toward a ing. We see them as entertainers. But that access to the capital that is nec- society that said they could be equal do we see them as entrepreneurs, as essary for them to be in a position to only on the fields of slaughter. such? Not really. We recall not too long ago in our his- As a matter of fact, there have been acquire radio stations or television sta- tory that we were turning German stories about the problem out in L.A. tions? shepherd dogs on blacks who were right now. All of us—not all of us, but In other words, if you take the posi- marching or sitting in, hoping to enjoy many millions of people in this coun- tion that you have historically denied the equal rights and privileges that we try—are mesmerized by the trial going education to a group, let us say Afri- have under the Constitution. We blast- on in Los Angeles right now. Why is it, can-Americans, equal to that of an- ed them with fire hoses. as the trial attorney Jerry Spence sug- other group, namely, white Americans, It was in the wake of the marches gests, that African-Americans look and then you, as an employer, say, ‘‘I and the sit-ins and, I might suggest, through a different lens than we do be- can’t find any qualified blacks,’’ that is the assassination of Martin Luther cause they have had a different experi- the circular argument that those who King, Jr., that we, as a society, finally ence than we have had. That experi- are struggling to break through the recognized and admitted that we had ence has not been a pleasant one, ap- barriers find themselves confronting. not measured up to our professed parently, in Los Angeles. I come back to the issue of stereo- ideals, either as individuals or as a na- Story after story starts to emerge types. All of us recall the Clarence tion. about prominent actors or athletes Thomas hearings and the Anita Hill That gave birth to the affirmative who have been followed right to their testimony. What was really remark- action programs to break down the homes, to their doorsteps because they able to me is the reaction of the people barriers in the worlds of construction happen to be driving a Mercedes or an- to those hearings. They said, ‘‘Isn’t it and housing and corporate finance and other expensive car, and immediately, amazing there were so many articulate banking and, yes, even eventually in of course, what do the police suspect? blacks testifying during the course of the communications world. ‘‘Must be a stolen car.’’ Either that or, that hearing?’’ Now, why should that The purpose, as the Senator from Or- ‘‘He is a drug dealer. Let’s arrest him be so stunning? The word associated egon has suggested, was not to give un- or stop him. Let’s see the identifica- with those blacks being ‘‘articulate,’’ qualified people special preferential tion and make him prove ownership.’’ as if we expected them to be inarticu- rights, but rather to give people who So there are still stereotypes which late. Again, another stereotype that were, in fact, qualified and eager and exist to this very day. they have to confront. We expect them ambitious the opportunity to enter Talking about affirmative action to not be as educated or articulate as into fields that had been denied them programs, I think the Senator from Or- those in the white community. solely by virtue of the color of their egon pointed out the CRS study was at Mr. President, I ask the question: skin or their gender. That was the pur- least deficient in one respect. It had Should we discontinue preferential pose of the affirmative action program. not analyzed television. I was going to treatment to veterans in this country? The Senator from Oregon said it was ask the Senator from Oregon or the I see the Senator from New York is ris- inevitable—quoting those who were the Senator from New York as to whether ing quickly on his feet, having been a formulators of the program—inevitable or not there is any relationship be- noble sailor in his youth. But we grant that the affirmative action programs tween minority ownership in program- preferential treatment to veterans. would lead to quotas—inescapable. All ming, whether he has ever watched Why? Because of the sacrifice they of us are opposed to quotas, because it Black Entertainment Television? That have made in serving their country as is just the reverse of what we are try- is minority owned. There is a great a group. ing to do; namely, not give any group story involved in that particular tele- Not every one of them served in the preferential treatment by virtue of the vision station. Persian Gulf or in Korea on Pork Chop

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4542 CONGRESSIONAL RECORD — SENATE March 24, 1995 Hill or in Vietnam or at Iwo Jima— and what they continue to mean for in- him 80 percent of the stock. He got the wherever it might be. Some stayed dividuals who try to break out of the $500,000 and he said to John Malone, ‘‘I right here in the United States. Some stereotypes, who are trying to get into have not really been in a business. Do sat behind a desk, never facing the occupations and positions and to start you have any advice? Malone said, threat of a bullet or a bayonet or a a on a level playing field, which has ‘‘Keep your expenses below your in- bomb. But we as a society say, none- not existed to date. come.’’ From that grew Black Enter- theless in hiring practices, we give Whatever failures have been in af- tainment Television. preferences to our veterans, and we de- firmative action programs, let us look There is an interesting difference. cide that. at them carefully and let us try to see Cable is more like the ethnic news- When the Senator from Oregon says if we cannot change them. If there is papers. Cable is narrowcasting. This is it is dangerous whenever a Government no evidence of past discrimination in where a smart entrepreneur can say, I decides to determine who is in and who the field of communications, that is can make money on 5 or 6 percent of is out, well, we are the Government. one thing. If this is indeed a system the audience, not 60 percent. As you We are the elected officials. We decide. which has been exploited and abused by skim through the channels now, wheth- We are held accountable by our con- white corporate owners and not really er it is education, discovery, or his- stituents, and we have decided that serving the minority community, then tory, I doubt if any of them have 50 there is merit in that particular case. it is time for a change and indeed percent of the audience, but they have So I think this is just the beginning maybe in this case even a termination. 5, 10, 20 percent. There is money to be of a debate that needs to be ap- But I hope, Mr. President, as we made. proached, as the Senator from Oregon begin this debate on affirmative ac- The Senator put his finger, I think, has said, with great sensitivity, with a tion, that we approach it in the con- on the most interesting issue here. No recognition that this is a very powerful cluding words and with the concluding question, in my judgment, there is no issue in this country; that it has the sentiments expressed by my friend discrimination in the sale of the broad- potential to become not only a wedge from Oregon—with a sense of responsi- cast property. If you have a radio sta- issue but a very damaging, polarizing bility, not with a sense of hate or mal- tion and you want to retire, you are issue in our society. We have to look to ice, or vindictiveness, or a simple urge going to sell to the highest bidder. One see whether or not everything should to purge our laws as such of their pref- owner said, ‘‘Even if you have blue skin be scrapped in dealing with affirmative erential treatment to groups that his- and an eye in the center of your fore- action. Let us say, for example, we torically have been discriminated head, you will get it.’’ The potential is have abuses in the Food Stamp Pro- against and continue to be discrimi- limited to those who have the money gram, do we not? We have abuses in the nated against every day—every day of to buy. Minorities, and maybe women welfare program, do we not? We have their lives. to a lesser extent, did not have access. abuses in the Federal procurement pro- So I commend my colleague from Or- So now the question becomes this, grams, do we not? We have abuses in egon and also my friend from New and I do not know the answer. Because the workman’s compensation programs York. I hope that we can begin this minorities have been discriminated and in the disability insurance pro- process of fixing those programs that against for centuries, and because grams. Has our answer been to termi- have been misused or abused. But I women could never rise above—you re- nate them, just kill the programs, they hope we will refrain from playing the member the settlement with AT&T 15 do not work. Or to stop feeding people wedge issue, which I know the Senator years ago. There was a glass ceiling. and let them fend for themselves? We from Oregon, the Senator from New You could be a Ph.D and be first in say, wait a minute, let us see if we can- York would never do, because those your class in all the schools, and there not modify them. wedge issues can become polarizing, di- is a level beyond which you were not Maybe the States have a better idea. visive issues that will not serve this going to go. Because of the past dis- Maybe there are ingenious Governors, country well. crimination and because of the past ac- creative individuals at the State and I wanted to take the floor to express cess to capital—the lack of it—we set local level, that can do a better job those sentiments. I know that is not up a preference program in an area than we have done. But the answer has the fashion in which you have pro- where there has been proven discrimi- not been, let us just terminate it, it is ceeded. I commend the Senator for his nation, simply to say we want 5 per- not working. comments as he expressed them. cent women or 10 percent women to That is my fear, as we begin this de- Mr. PACKWOOD. Mr. President, I own, and we want 10 percent Asians bate, not on this issue specifically, but want to respond to my good friend and 5 percent this and 5 percent that. on the broader discussion of affirma- from Maine. He and I have probably You just do it. I am not sure I know tive action, because if we simply go by been on the same side of more issues the answer. But clearly, that is the dis- what the polls say, there is no contest. than any other person in this Chamber. cussion we are going to have. But I think we have a higher duty than He mentioned Bob Johnson, the found- Mr. COHEN. Here is another example to simply read the polls and to really er of Black Entertainment Television. of the problems confronting minorities examine what is at stake here. Well, I met him. Despite the fact that in this city. Many years ago—almost The stereotypes continue, as I have he was a Princeton man and as quali- more than 20 now—I had a problem said. I recall reading an article by col- fied as anybody, his problem was access with a car. I purchased a used car. I umnist Michael Wilbon, a Washington to capital. I do not know what I would had a problem with it and took it over Post sports writer. He described an in- have done as a banker 20 years ago if to a dealer, which will remain cident where he and five friends, an in- somebody came to me and said, listen, unnamed. The dealer told me the cost vestment banker, a venture capitalist, I have this idea for an all black enter- for fixing that particular automobile a manufacturing executive, a lawyer, tainment channel. I do not know. It is would be $1,800. I said, ‘‘$1,800? That is and an international marketing direc- interesting how he got the money. He more than I paid for the car.’’ I then tor for a large company, went down to could not get it from the banks. He came back to Capitol Hill and inquired, the Super Bowl. They were dining in a went to John Malone of TCI. I think ‘‘Does anybody know a good me- restaurant and the waitress kept com- Malone is maybe one of the finest en- chanic?’’ which is hard to find in any ing over to the table saying, ‘‘Who do trepreneurs in this country. Bob John- city. They gave me the name of Clar- you play for?’’ Well, he is a noted son explained what he wanted to do. ence Davis. I went to see Clarence and sports writer, and he was in the com- John Malone said, ‘‘How much do you I said, ‘‘Can you fix this car?’’ He said, pany of a reputable lawyer and, as I re- need?’’ Bob said, ‘‘$500,000.’’ Malone ‘‘Well, let me look around.’’ He kind of call, an accountant, and an investment said—and I thought this is where Bob tapped it here and there. He said, ‘‘I banker. But the waitress would not Johnson was so humorous. He said, can fix it.’’ I said, ‘‘How much?’’ He take that for an answer. ‘‘No, no, no, ‘‘All right, I will put up $125,000, but I said, ‘‘Do not worry about the money.’’ who do you play for?’’ want 20 percent of your stock. I will I said, ‘‘No, no, how much?’’ He said, ‘‘I So we have to deal with the issue of loan you $375,000.’’ Malone did not am telling you do not worry about the the stereotypes and what that means know that Johnson would have given money.’’ So I, with my trusting soul,

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4543 handed him the keys to the car and Mr. PACKWOOD. Mr. President, I mental in helping get this bill passed said, ‘‘OK, fix the car.’’ Do you know yield such time as the Senator from quickly. what the bill was? It was $68. I will re- Delaware may need. Finally, I want to mention that we peat that. It was $68. Behold, I had Mr. ROTH. Mr. President, I thank the are not done with the deduction for found a man, an honest mechanic. And distinguished chairman. self-employed, even though this bill sooner will a camel pass through the Mr. President, what we are doing will enact the legislation on a perma- eye of a needle than you will find a me- today is a most important step, one I nent basis for the first time. I believe chanic that will charge you $68 for have worked for for quite some time. I it must still go forward. I believe we something somebody else wanted $1,800 would like to thank the majority lead- need to increase the 30-percent deduc- for. er and the Finance Committee chair- tion to a full 100 percent, just like I have maintained a relationship man for moving so quickly to pass this major corporations get for that health with this individual. He ended up work- legislation—legislation that is ex- insurance. In fact, it was my amend- ing for another station on the hill, tremely important for our hard-work- ment in the Finance Committee that owned by a Korean family. He was ing farmers, as well as our job-creating increased the 25-percent deduction to their real source of income, because ev- small business men and women. 30-percent beginning in 1995 and forever erybody wanted to go to Clarence in Few people understand how very dif- after that. order to have their automobiles fixed. ficult it is to get a tax bill passed Although my amendment made He is really a genius in fixing auto- through both Houses of Congress with- progress, we have to go a lot further. I mobiles. Then it occurred to him that in about 2 months’ time. I believe we will continue to do everything I can to he is working for somebody else, and have been successful not only because increase the deduction to 100 percent. would he like to go into business for of the efforts of Senators DOLE, GRASS- Mr. President, I yield the floor. himself? The answer was: Of course he LEY, PRYOR, and me, but because our Mr. PACKWOOD. Mr. President, I would. He had a clientele of mostly esteemed colleagues understand how suggest the absence of a quorum. Senators and Congressmen. But guess important, how fair, this measure is. I ask that the time be charged equal- what? He could not get a loan. No mat- It has been my objective, along with ly. ter that he had his eye an a piece of Senators DOLE, PRYOR, GRASSLEY, and The PRESIDING OFFICER. Without property that was prime territory; it others, to get the self-employed health objection, it is so ordered. was a great bargain and it was an old insurance deduction passed retro- The clerk will call the roll. Exxon station; it was closed down. He actively for 1994; to have it passed be- The assistant legislative clerk pro- had a list of clients at least 75 long of fore the filing deadline next month. ceeded to call the roll. Members of Congress and executive Personally, I will continue to do ev- Mr. DORGAN addressed the Chair. branch, who testified to his com- erything I can to get this bill passed The PRESIDING OFFICER. The Sen- petence, and he showed a stream of in- and out of conference with the House ator from North Dakota. come that would have more than paid before April 17, the deadline this year Mr. DORGAN. Mr. President, I ask for the mortgage. He could not get a for filing our taxes. unanimous consent that the order for loan. I sent him to every bank in Wash- This is so important to me that at the quorum call be rescinded. ington. He could not get a loan. So the conclusion of the Senate session The PRESIDING OFFICER. Without then I contacted a wealthy, white last year, I held up a vital Securities objection, it is so ordered. friend of mine, whom I had never asked and Exchange Commission funding bill Mr. DORGAN. Mr. President, I would a favor from in my life. I said, ‘‘Here is as long as I could because it was the like to take just 2 minutes in support a person who is talented, brilliant, and last tax bill leaving the Congress. of the pending bill. Then I would ask he cannot get a loan in this city.’’ And Since it was our last chance, as well, to unanimous consent to speak for 10 min- the individual made the loan, and the get the 25-percent deduction extended, utes as if in morning business. business is there and is flourishing I wanted to attach this legislation to The PRESIDING OFFICER. Without today. It shows the barriers that people that bill so that there would not be objection, it is so ordered. are up against. this administrative nightmare facing Who yields time? Now here we are, in a predominantly small businesses and farmers, because Mr. MOYNIHAN. Mr. President, I am black city, with a predominantly black they might have to file amended tax happy to yield such time as indicated clientele. Suppose now that individual, returns. to my distinguished friend from North with a great record, history, clientele The Finance Committee chairman at Dakota. could not get a loan. that time, Senator MOYNIHAN, joined in The PRESIDING OFFICER. The Sen- That is what I am talking about a colloquy agreeing we would take up ator from North Dakota. when I say ‘‘access to capital.’’ Give a the legislation early this year if I Mr. DORGAN. Mr. President, I thank person the access to capital and they would let the SEC bill go forward. I re- the Senator from New York. I did not can perform and prevail as anyone else. luctantly agreed. The new Finance know we were under a time agreement. But that has been the history of denial Committee chairman, Senator PACK- First, let me say that I believe the in this country. WOOD, has kept that promise to move matter of providing retroactively the I say to my friend that I do not have quickly, and we have. In fact, to pay 25-percent tax deduction for sole pro- the answer to it. I think the affirma- for this bill, we have used some of the prietorships and self-employed—includ- tive action programs were designed to ways I suggested last year. In par- ing farmers—is very, very important. achieve that. If they have gone astray, ticular, I am pleased that we have en- We should not have let that expired. we ought to try to modify them as best acted some of the changes I have been It did. But now to make it retroactive, we can. If it becomes the collective recommending on the earned-income so that it is a seamless 25 percent, judgment of the people in this country, tax credit. makes a lot of sense. I believe we ulti- this Congress, that they no longer Earlier this year, in an effort to en- mately ought to make sure that sole serve a socially useful goal, then obvi- courage the House to pass the 25-per- proprietorships are able to deduct 100 ously they will be terminated. cent health insurance deduction, I cir- percent of their health care costs, just I must say that we have not yet culated a letter with my good friend as corporations are. My State is a lot reached our ideal of a colorblind soci- and colleague, Senator PRYOR, which like old England. It is a State of shop- ety. There are still many, many, racial was signed by 75 Senators. keepers, small business people, many stereotypes that exist today. They will That letter, sent to both leaders, of whom are sole proprietors and unin- not be easily eliminated. So we still stated that in order to move quickly, corporated, including family farmers. have an obligation, I think, to help we would all agree not to support or Across the street may be someone who those who have the talent and the am- offer any amendments to the legisla- is incorporated. They can, under cur- bition and the desire to share fully in tion to extend the 25-percent deduction rent law, deduct all of their health care the real benefits and bounty of this for health insurance for the self-em- costs as a business expense. On the country, who have been denied that op- ployed when it reached the floor of the other side of the street someone in portunity. Senate. I believe this letter was instru- business, but unincorporated, is now

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4544 CONGRESSIONAL RECORD — SENATE March 24, 1995 able to deduct zero. With the passage of Finance Committee went a step further back using up the money we set aside this piece of legislation, he will be able by not only making it permanent but for deficit reduction for another pur- to deduct only 25 percent; 25 percent is also increasing the deduction from 25 pose, I will not support that conference a step forward. That is good. We cer- to 30 percent for the year 1995 and report. I believe it would be a great tainly need to restore that. But I have thereafter. mistake. We in this body are deter- introduced legislation and supported So what started off as a bill that mined to do something about these legislation and fought for legislation would have cost $500 million, a half a deficits. And to do something about it for years to make sure that we treat billion dollars, to address an imme- means we have got to make tough all businesses alike—unincorporated diate need, turned into a bill that costs choices. It means we have to forgo at- and incorporated. $3.5 billion over the next 5 years. tractive proposals, such as increasing Health care costs ought to be fully, I strongly support the 25 percent the self-employed health insurance de- 100 percent deductible as a business ex- health insurance deduction for the self- duction. employed. Always have. The main- pense for farmers and sole proprietor- I thank the Chair, and I thank the stream coalition health care legisla- ships just as it now is for corporations. managers for giving me this time. So I commend the Senator from New tion that we presented last year in- cluded it. Indeed, we phased it up to a Mr. MOYNIHAN. Mr. President, I York and the Senator from Oregon for suggest the absence of a quorum. bringing this legislation to the floor. I 100 percent over a period of years. And fully support it. I think the work the so, therefore, I can understand and The PRESIDING OFFICER. The two Senators have done to correct this sympathize with the effort to not only clerk will call the roll. is admirable work and I hope we all can give the self-employed the 25-percent The legislative clerk proceeded to work together for a full 100-percent de- deduction but to bring it up to 30 per- call the roll. duction for all sole proprietorships in cent next year and the years there- Mr. PACKWOOD. Mr. President, I ask the years ahead. after. All that is understandable. unanimous consent that the order for Mr. PACKWOOD. Mr. President, I I would make the point; however, the quorum call be rescinded. that those who are working for a busi- yield as much time to the Senator from The PRESIDING OFFICER. Without ness where their insurance is not paid Rhode Island as he may need. objection, it is so ordered. for by the employer and the individual The PRESIDING OFFICER. The Sen- Mr. PACKWOOD. Mr. President, I ator from Rhode Island. must obtain his or her own insurance, cannot deduct a nickel of his or her yield as much time to the Senator from Mr. CHAFEE. Mr. President, first I Missouri as he may want. thank the distinguished chairman of payments for health insurance. The The PRESIDING OFFICER. The Sen- the Finance Committee and the rank- self-employed can, but if you are work- ator from Missouri. ing member of the Finance Committee, ing for somebody else, you are em- the former chairman, for giving me ployed by a corporation or a self-em- this time. ployed person, you cannot deduct the f Mr. President, I am very pleased that cost of your health insurance. You can- this bill has come to the floor today not deduct anything. LINE-ITEM VETO So, yes, it is nice that we have gotten and will be considered in an expedi- it up to 30 percent for the self-em- Mr. ASHCROFT. Mr. President, on tious manner. I believe Congress needs ployed. But we have not done anything occasion after occasion, you and I have to pass this legislation promptly so for those who work for corporations. heard it said that under the dark of that hundreds of thousands of self-em- But here is my concern, Mr. Presi- night, in the late hours of evening or ployed taxpayers can complete the fil- dent. Sixty-six Senators in this body the early hours of the morning, this ing of their 1994 income tax returns. voted in favor of a constitutional body does things that are a discredit to The bill reported by the Finance amendment to provide a balanced a democratic society—pay raises, pork- Committee includes sufficient revenues budget amendment by the year 2002. barrel projects, and profligate spend- to pay for the extension of the health Achieving that goal is going to take in- ing. The kind of things that we would insurance deduction. That is covered. credible effort. We are going to have to not want to have brought to the light We also came up with additional reduce Federal spending from what it of day. money which will reduce the deficit by otherwise would have been over these 7 But late last night, something very about $1.4 billion over the next 5 years. years by $1.2 trillion. befiting of this body took place. And, In terms of the entire Federal budget Now, even for somebody from Wash- Mr. President, it did so at your hand this is a modest amount—$1.5 billion ington, DC, $1.2 trillion is a lot of and at the hand of your colleague, Sen- over 5 years. But it represents a step in money. That is a monumental chal- ator MCCAIN of Arizona. Because under the right direction. lenge. Yet, here we have a bill that your leadership, late last night, the What concerns me about this bill, gave us some money to start down this Mr. President, is that it provided a U.S. Senate passed the line-item veto. deficit reduction path, to use toward And in so doing, we placed a tool in the modest test—not a gigantic test but a the $1.2 trillion, and what is the action modest test—of our desire to reduce hands of Presidents which will allow us we take? We increase the deduction to move toward the aspiration of a bal- the deficit; and I am afraid that we are and make it permanent. in danger of failing that test. anced budget. In the cover of darkness, I am going to support this bill as it we uncovered the darkest parts of our Let me review the bidding. The im- was reported by the Finance Com- behavior, and said no more. We put the mediate need which prompted the mittee because we did exercise some national interest ahead of the special quick consideration of this legislation discipline by providing for a modest interests. We said that in the future, if was a desire to extend the 25-percent amount of deficit reduction. deduction for the health insurance of But I greatly fear that, in the con- you want to put projects in an appro- self-employed individuals for 1994. Ab- ference, the House conferees will say, priations bill, you will have to contend sent this action, they would not have ‘‘Well, the Senate increased the deduc- with the possibility of a veto by the been able to take that 25 percent de- tion from 25 percent to 30 percent. President of the United States. duction because it expired at the end of There is additional money in the bill So I rise today, Mr. President, to 1993. And we wanted to get this done that is directed toward deficit reduc- draw attention to the importance of before the filing date of April 17 for the tion. But let us not use it for deficit re- the action taken late last night to income tax returns. That is the way it duction. Let us use it to increase the change the culture and structure of started out—take care of this year. deduction from 30 percent to 35 percent spending here in Washington. In the Ways and Means Committee or 40 percent,’’ whatever the traffic Forty-three of the 50 States have the members chose to permanently ex- will bear. And that, Mr. President, some variant of the line-item veto. tend the deduction. In other words, the would be a very great mistake, a very During the debate, however, we heard 25 percent deduction for health care great mistake. people talk hypothetically about po- costs paid by the self-employed was to So I just want to go on record here to tential abuses. It is important to note remain permanently on the books. The say that, should the conferees come that, of the 43 States, there has not

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4545 been a single effort by any of the legis- Mr. MOYNIHAN. Mr. President, the There is a public interest in the re- latures to repeal the line-item veto au- Senator from Vermont would like 10 sumption of major league baseball. I thority. In fact, it works so well that minutes to discuss and discourse on am concerned that the owners show no there is a consensus in the States that what was the once and possibly future intent of really getting a strong com- it should be left in place so that they national pastime. I yield those 10 min- missioner who might look out for the might continue to provide a foundation utes to the Senator. best interest of baseball. That is what for the financial integrity of the Na- The PRESIDING OFFICER. The Sen- the commissioner is supposed to do— tion. ator from Vermont is recognized. not the private interest of those who Someone came to me recently and f make the money from baseball, wheth- said, ‘‘JOHN, there is a State that has MAJOR LEAGUE BASEBALL er owners or players, but rather for the changed their line-item veto. In 1990, ANTITRUST REFORM ACT OF 1995 best interests of baseball itself. the State of Wisconsin amended their Our antitrust laws are designed to Mr. LEAHY. Mr. President, I thank provision.’’ Well, it was interesting protect consumers, but for over 70 my good friend, the distinguished sen- when I looked at what the amendment years consumers have not seen these ior Senator from New York and my really said. It reads, and I quote: ‘‘in applied to baseball, on the assumption neighbor. And like the distinguished approving an appropriations bill in that there would be a strong commis- Senator from New York, I, too, hope part, the Governor may not create a sioner and the major league would op- that we will some day actually have new word by rejecting individual let- erate in the best interest of baseball. ters in a word of the enrolled bill.’’ baseball played. I share his sense of pa- triotism in all things. I admire his But that is not what is going on. Mr. President, what the legislature In Vermont, where I grew up, vir- said was that the Governor could not sense of history. But I suspect he, like I, is at many, many events this time of tually everybody was a Red Sox fan. change the word ‘‘cannot’’ into ‘‘can’’ Now there is divided loyalty between by striking out the last three letters of year when our national anthem is played. We are all very proud to hear the Red Sox and the Montreal Expos, the word. That is not a real change in and there is also the minor league the philosophy behind the veto author- it, but we sometimes, as spring arrives, wait for the words, ‘‘Play ball,’’ right team, the Vermont Expos. ity. It is simply a housekeeping detail We also have jobs in the State of about making the measure what it after it is played. So the Major League Baseball Anti- Vermont that rely on baseball. There is ought to be, namely, the capacity of trust Reform Act of 1995 is being intro- a company called Moot Wood Turnings the executive to knock those things duced, Mr. President. It is being intro- in Northfield Falls, VT. ‘‘Turnings’’ is out of spending bills which are not in duced by Senators HATCH, THURMOND, wood turnings. They make the sou- the best interest of the State. So, it is and myself. I want the Senate to know venir, replica baseball bats, the little important as we go to conference to why I back this. bats that have been passed out for 40 understand the success that the line- Senator THURMOND and I introduced years on bat day at baseball games. item veto has enjoyed in the States. on February 14 an earlier version of They had to drop a third of their 24- In the end, I was encouraged by the this legislation to remove the antitrust person work force because of the strike vote last night. Sixty-nine votes in law exemption that major league base- last summer. That is just one small favor of the line-item veto reflected a ball has enjoyed for over 70 years. company. These are not people who strong understanding that we must Major league baseball, unlike prac- make a great deal of money. They adopt measures to restrain spending, tically any other business in this coun- make $5 and $6 an hour, and they were and reduce the deficit. So we have try, has an exemption from the anti- out of work because a small group of made a significant step forward. For if trust laws, and Senator THURMOND, people cannot figure out how to divide the people sent us here for any purpose Senator HATCH, and I, and others, feel up $2 billion. It makes absolutely no at all, it was to enact changes, such as that should be removed. sense. this, that will fundamentally alter the Actually, we are just saying that no- We had a chance last year to right way we do business. body should be above the law. We did I look forward to the time when the this situation when we were consid- this for Congress. We passed the Con- ering a bill to repeal baseball’s anti- conference report comes back and we gressional Accountability Act, some- again have an opportunity to address trust exemption, but we decided to thing I backed for years, which applies hold off in the Senate, thinking that this issue. It is critically important. the same laws to Congress as apply to The vote last night was encouraging. maybe everybody would work it out. everybody else. We are just saying Right after that, negotiations between However, while the battle has been baseball should live by the same laws won, the war is not over. And as we the major league baseball owners and as everybody else. players disintegrated. We saw a pre- work out the differences between the I regret very much that the owners of emptive strike, the unilateral imposi- two bills, I hope that the end product major league baseball teams and major tion of a salary cap, failed efforts at gives us as great a promise for finan- league baseball players have been un- cial integrity as the measure we passed able to get through their impasse. Me- mediation, the loss of one season and last night. diation has not been successful. Presi- likely obliteration of a second, and Mr. President, as the Senator from dential entreaties could not do it. Con- pleas from all corners to get it going Indiana, you are to be commended for gressional pleas for a voluntary settle- again. your role, along with Senator MCCAIN. ment have gone for nought. I think if we had repealed this out-of- It was your hard work that ensured we What we have always thought of as date, judicially proclaimed immunity arrived at a product which could be our national pastime may become a from the antitrust laws, this matter subscribed to by such a broad majority thing of the past. I am afraid that what would not still be festering. No other of the Senate. I hope that this body we saw as children when we would fol- business, professional or amateur acts on the conference report as it did low games, when we would go to our sport, has this exemption from law last night. It was nighttime behavior, Little League games and identify with that major league baseball has enjoyed maybe somewhat reminiscent of times various major leaguers at that time is and, Mr. President, has abused. when we have done the wrong thing gone. Seniors who look forward to the In fact, one of the players who testi- under the cover of darkness. Last joys of spring training and following fied at the Judiciary Committee hear- night’s behavior, however, was com- their favorite teams on radio, young- ing this year asked a very perceptive mendable in that it was in the national sters who identify with heroes in the question. He said, let us suppose that interest. We should seek to replicate it world of baseball, this will be gone. baseball did not have an antitrust ex- in the future. And let us not forget so many who emption and let us suppose they were Mr. President, I suggest the absence make monthly mortgage payments by in the sorry state they are in today and of a quorum. being vendors of everything from T- then let us suppose baseball came to The PRESIDING OFFICER. If the shirts to hot dogs, who park the cars, Congress and said, ‘‘Oh, by the way, we Senator will suspend his request. The who take the tickets. These people are cannot clean up this mess we have, but Senator from New York. also out of a job. would you kindly give us an antitrust

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4546 CONGRESSIONAL RECORD — SENATE March 24, 1995 exemption? Would you pass a special innocence, and lost stature for a game sured today. About 4 million of those law to exempt us from the antitrust that once symbolized America like no who do not carry health insurance are laws’’—something nobody else has. Mr. other. in families headed by a self-employed President, they would get laughed off I commend our chairmen, Senators worker. Capitol Hill. There would be no anti- HATCH and THURMOND, for taking up This deduction makes insurance trust exemption passed for them. this challenge. We will move forward more affordable and helps to get the So the question is, if we would not on it. families the health insurance that they enact it today, why do we allow them Mr. MOYNIHAN. Mr. President, I need and deserve to get. Whether these to have it? Why do we not just end it? suggest the absence of a quorum. are small businesses in the town or the It is something that should be done. The PRESIDING OFFICER. The city, or farmers, or truck drivers, as I I am concerned about the interest of clerk will call the roll. said, or ranchers, these people deserve the public. I am concerned particularly The bill clerk proceeded to call the to have the same kind of tax treat- about the interest of baseball fans. I roll. ment. am not here to speak on behalf of the Mr. MOYNIHAN. Mr. President, I ask The bill provides for a permanent ex- baseball owners or the players. Former unanimous consent that the order for tension of the deduction, which I think commissioner Fay Vincent said: the quorum call be rescinded. is long overdue, and would provide ret- Baseball is more than ownership of an ordi- The PRESIDING OFFICER. Without roactive deduction for the 1994 returns. nary business. Owners have a duty to take objection, it is so ordered. These returns are due April 17. into consideration that they own a part of Mr. MOYNIHAN. Mr. President, in We must act swiftly so that those America’s national pastime—in trust. This the spirit of bipartisan harmony I people who have paid the health insur- trust sometimes requires putting self-inter- would like to yield 5 minutes, or such ance claims last year will be able to de- est second. time as he requires, to the distin- duct them. Unfortunately, we were not I am also concerned about some of guished senior Senator from Missouri. able to act in time for farmers’ returns, the answers I got from some of major The PRESIDING OFFICER. The Sen- which were due on March 1. league baseball’s representatives. In ator from Missouri is recognized. If we delay this bill further and are fact, I should note here on the floor Mr. BOND. Mr. President, I want to not able to get it to the President on that the answers that they sent, their express my sincere appreciation to my time, even more people who are eligible written answers, are in severe variance good friend, the senior Senator from for the deduction will have to file with their hearing testimony on sev- New York. We have worked together on amended returns. eral points. In other words, they said many important projects. This is going to burden the IRS with one thing at the hearing and they said This is a measure before the Senate paperwork, not to mention what is something else after, in their answers. today that is very important to small even more important, the burdens on I think the public should look at what business people all across this country. the people who have to refile. Mr. they did, because either they are gross- Today, the person who operates a small President, it is tough enough to have ly mistaken on one point or they are business has many problems. There is to file an income tax return one time. not telling the truth on another. nothing so glaring as the failure of the It is certainly no pleasure to have to For example, I asked the acting com- code, as it now stands, to give any de- file one again. missioner whether fans who reject re- duction for the payment of health in- I think it is also very, very impor- placement players and replacement surance for the business owner or that tant—and I commend the managers of games would retain season tickets owner’s family. the bill and the sponsors of the legisla- when the strike ended and major This 25-percent deduction level, as we tion—that we are making this measure league players return? He testified un- all know, expired December 31, 1993. permanent. For years the self-em- equivocally and without hesitation, According to the Treasury Depart- ployed have been subjected to the un- ‘‘Yes, sir.’’ But in his written response ment, approximately 3.2 million self- certainty of not knowing whether the to the same question, he did not con- employed taxpayers cannot currently extension would be granted for the de- firm his testimony. Instead, he re- deduct any of their health insurance duction. I think it has made it very dif- sponded that policies with regard to premiums, unless this is corrected. The ficult for those people to plan. This season tickets and priority seating are 3.2 million taxpayers represent ap- should take that problem away. handled by the clubs individually. proximately 30 percent of the unincor- I am concerned about the fiscal pres- Well, he has given two answers. One porated business owners in America sures and the need for deficit reduc- has to be honest, and one contradicts today. tion, but this is not an area where we the other. At the hearing, I asked We had hoped last year, and we ought to economize. Small business, whether major league baseball owners, talked a great deal in health reform, farmers, ranchers, truck drivers—they who benefit from a special antitrust ex- about the need to put the small busi- and their families need to have the emption in order to be able to join to- ness owner on the same footing as the health care that this will encourage gether with regard to sports broad- employee of a large corporation who them to have. casting, would make an unqualified can receive, essentially, 100 percent de- I would like to go further. If we have commitment that major league base- ductions for the cost of health care pre- an opportunity, if the money its avail- ball playoff and World Series games miums. able, count me in on seeing if we can- would continue to be broadcast over Large corporations already are able not get the deduction to a par with free television through the year 2010. to exclude these costs, and their em- those people who work for large cor- The acting commissioner responded ployees do not have to report them on porations. But I am very pleased we are in the affirmative. But when he got their tax returns. We are putting entre- moving on this. I commend the man- away from the TV lights and cameras preneurs at a very, very serious dis- agers of the bill, the chairman and and the hearing, he answers that ‘‘it is advantage. This problem afflicts small ranking member of the committee as not possible to make an unqualified business owners who are farmers, who well as the sponsors. This will have im- commitment that far into the future.’’ are ranchers, who are truck drivers. portant impacts on the health of many, I think the public is being short- These people deserve fair tax credit many people, many of those who are in changed by the policies and practices treatment. small businesses and their families. of major league baseball and by such One of the biggest concerns that we I thank the distinguished Senator disregard for the interests of the fans have today is that without this deduc- from New York for yielding the time as evidenced from the hearing record. tion many families are left without and I urge my colleagues to support They ought to have a little bit of health insurance because of its already this very important measure. competition. If we withdraw the anti- high cost. We think this is a terrible Mr. MOYNIHAN addressed the Chair. trust exemption, they will have it. impact on the families. It is very hard The PRESIDING OFFICER (Mr. There is no joy here in Washington as to imagine a more difficult problem for COCHRAN). The Senator from New York. we continue these proceedings—just a them to face. Nearly one-quarter or 23 Mr. MOYNIHAN. Mr. President, I sense of loss, lost opportunities, lost percent of the self-employed are unin- know I speak for the distinguished

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4547 chairman when I thank the senior Sen- actively, so that it covers the 1994 tax Commission with the authority to ator from Missouri for his incisive re- year, the provisions that increase that defer capital gains taxes arising from marks. deduction to 30 percent, beginning in transactions involving communica- I am pleased to see on the floor our 1995, and the provisions that make that tions properties. Essentially, it permits colleague from the Committee on Fi- deduction permanent, eliminating any those gains to be rolled over as a non- nance, the distinguished Senator from possible future repetition of the kind of taxable event. It does not eliminate Illinois. I yield her 10 minutes, as she situation we find ourselves in right even one dollar of tax liability; it sim- evidently desires, but in fact as much now. ply postpones the date when that tax time as she requires for her statement, Restoring the deduction, increasing liability must be paid. which I look forward to. it, and making it permanent is the As initially reported by the Senate The PRESIDING OFFICER. The Sen- right thing to do. It eliminates the Finance Committee in 1943, the provi- ator from Illinois. kind of anxiety and uncertainty that sion would have allowed a rollover if Ms. MOSELEY-BRAUN. Mr. Presi- self-employed Americans are facing the sale or exchange of the property dent, I thank the Senator from New right now, and assures them that Con- was required by the FCC as a condition York, and the chairman of our com- gress is committed to addressing the of the granting of the application. mittee. I stand to speak with regard to disparity in the tax treatment of However, the provision was broadened H.R. 831. health insurance costs incurred by self- during the conference with the House I am a strong supporter of the provi- employed Americans, and Americans of Representatives. The conference re- sion that is at the heart of H.R. 831, the who work for larger businesses, for the port stated that, because: permanent extension and increase of nonprofit sector, or for government. . . . the Commission does not order or re- the deduction of health insurance costs Self-employed Americans are hard- quire any particular sale or exchange, it has for the self-employed. There is no ques- working and make an enormous con- been deemed more appropriate to provide tion that the health insurance expenses tribution to our economy. We should that the election, subject to other conditions of millions of self-employed individuals not, we must not, make it more dif- imposed, shall be available upon certifi- around this country should be treated cation by the commission that the sale or ficult for them to make that contribu- exchange is necessary or appropriate—I want more like taxpayers who work for larg- tion by handicapping their ability to to emphasize this part—to effectuate the er businesses. access health care. policies of the commission with respect to Corporations that provide health in- Unfortunately, Mr. President, the Fi- ownership or control of radio broadcasting surance coverage for their employees nance Committee has chosen to end stations. get 100-percent deductibility for the this unacceptable, inequitable, and un- In 1954, the FCC’s authority to defer portion of the health insurance costs of fair situation by creating another one. capital gains taxes in transactions in- their employees that they pay. The em- The price for a public policy of moving volving the sale of radio stations was ployees of those companies use after- towards greater equity in the Tax Code broadened to include television sta- tax dollars only for that portion of treatment of the health insurance ex- tions. In 1973, the FCC’s authority in health insurance costs not paid for by penses of the self-employed, is the cre- this area was broadened yet again, to their employers. ation of a totally unacceptable, inequi- encompass cable systems. Most businesses in this country pro- table, and unfair policy in the tax Until 1978, this authority was used vide health insurance coverage for treatment of the purchase of broadcast virtually exclusively by the kind of their employees, as does the Federal or certain other communications busi- people who then owned radio, tele- Government, and State and local gov- nesses by minority Americans, and, in vision, and cable systems, and that cer- ernment. Employer-provided health in- some circumstances, women. I am, of tainly, at the time, did not include mi- surance is at the heart of this coun- court, speaking of the provisions in the norities or women. try’s system of health insurance cov- committee substitute repealing the It was not until 1956 that even one erage, and the tax deductibility of em- provisions known as section 1071. radio station in this entire country was ployer-financed health insurance costs I strongly oppose the repeal of sec- owned by a minority, and it was not encourages employers to provide that tion 1071 for both procedural and sub- until 1973 that there was even one tele- insurance. stantive reasons. It is a statement that vision station in the Nation owned by a However, millions of Americans do Congress does not care about diversity minority. It was not until 1974 that the not work for large corporations and do of voice in major portions our Nation’s FCC first awarded a new radio station not have access to the kind of group communications industry which, after license to a minority-owned company health insurance plans that large cor- all, are using the public airwaves, or the same way it had awarded tens of porations often provide. Because they franchises granted by the public. And billions of dollars’ worth of broadcast are self-employed, these Americans it is a statement that Congress does spectrum to nonminorities—for free— usually have to pay more for their not care about Americans who have by an FCC comparative hearing. health insurance. Because they are proceeded in good faith to spend lit- The truth is, Mr. President, that the self-employed, there is no 100-percent erally millions of dollars based on the FCC initially handed out virtually all tax deduction for the employer-pro- existence of section 1071. They are of the broadcast spectrum to non- vided portion of health insurance costs. being taught a very bitter, expensive minorities free of charge, and then Congress has attempted to at least lesson, never to rely on the govern- used section 1071 over and over and partially remedy this serious inequity ment’s word, or to take actions based over again to allow them to roll over by providing a 25-percent deduction of on the law, because the Government the huge capital gains they made in the health insurance costs of the self- may decide, in a matter of just a few tax-free transactions that allowed employed. This provision of the Tax weeks to repeal that law—retro- them to defer their tax liability. The Code, however, was only temporary, actively. FCC, as it handed out the spectrum and expired at the end of 1993. What Most Americans, I am sure, have owned by all Americans relied heavily that means is that, unless this Con- never heard of section 1071, and it is on the question of the previous broad- gress acts—now—all of the self-em- fair to say that, until 2 months ago, cast experience of competing appli- ployed Americans across this country most Members of Congress knew little cants in awarding new licenses. Yet for will face a serious tax increase when or nothing about it. And there was no several decades, even broadcast train- they file their 1994 tax returns next particular reason for Congress to focus ing was denied to minorities in this month. on the section. After all, it was enacted country and in some parts of this coun- That is clearly a totally unaccept- in 1943 as part of the revenue act of try as a matter of law. able result. It is unfair, it is inequi- that year to help implement a new pol- State universities were legally barred table. It is simply wrong. That is why icy that prohibited the owners of radio from admitting minorities at the time I strongly support the provisions in the stations from owning more than one these stations were originally given pending substitute for H.R. 831 that re- radio station in a given market. out. State-owned public broadcasting stores the 25-percent deduction for What section 1071 action does is to authorities refused to hire or train health insurance expenses retro- provide the Federal Communications them. State legislatures denied black

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4548 CONGRESSIONAL RECORD — SENATE March 24, 1995 State colleges the funds to start broad- ceive a tax certificate on the subse- The program has begun to make a casting programs or to apply for broad- quent sale of their interest in the mi- difference, but it is worth keeping in casting licenses. For example, the FCC nority entity. mind that, out of the 1,342 television routinely granted broadcast licenses to This became an incentive for inves- stations operating in the United colleges and universities that were seg- tors to help with preserving and ex- States, only 26, or about 1.9 percent are regated by law, such as WBKY–FM, panding diversity of voice. owned by women. African-Americans serving the University of Kentucky, The FCC program is not a set-aside owned less than that, only 21 stations, which was licensed in 1941, WUNC–FM, or a quota. It functions in the same Hispanics owned 9, and Asians owned 1. serving the University of North Caro- voluntary manner as the FCC’s other In radio, the situation is a little bet- lina, which was licensed in 1952, and uses of tax certificates. The FCC does ter. Out of the 10,244 radio stations op- KUT–FM, serving the University of not require a percentage of licenses to erating in the United States, 394, or Texas, among many others. be controlled by minorities, it does not about 3.8 percent are owned by women, These segregated policies helped en- require media properties to be sold to another 172 are owned by African- sure that a generation of minorities minority-controlled businesses, it does Americans, 111 by Hispanics, 4 by would be denied the skills and the ac- not require a set percentage, nor does Asians, and 5 by native Americans. cess necessary to enter the broadcast it require a nonminority seller of These are the public airwaves we are industry—with the FCC’s full endorse- media property to a minority-con- talking about, Mr. President, and cable ment and ratification. trolled business to even request a tax systems that require public approvals The extent of the FCC’s complicity is certificate. in order to function. Every American illustrated by the case of Broward So there is nothing compulsory. ought to have the right to participate County Broadcasting versus FCC. This There are no quota aspects of the tax in this industry, and there should be 1963 case involved a radio station, certificate policy at all. The direct enough diversity of voice to ensure WIXX, located in a community with a beneficiaries of the tax certificate may that our broadcast and cable systems large African-American population, a or may not be the minority member. In meet the needs of all of our people. population that received no black-ori- many instances it may be the non- And research confirms a link, or the ented programming from any station minority seller and/or the investors nexus, between expanding minority serving that market. WIXX decided to who participate in the acquisition with ownership and diversity of voice. devote its program schedule to black- the minority purchaser. The benefit to By diversity of voice we mean the no- oriented news, public affairs, and potential minority purchasers is the tion that the airwaves that we commu- music. The city government com- incentive it creates for sellers, and the nicate on as Americans will include the plained to the FCC that WIXX was of- enhanced access to capital it provides. views of everybody and not just one fering a format which the city did not The FCC certificate program then op- segment of the population or commu- need and did not want. The FCC, in erates as a key to unlock the door of nity, but of all segments of the popu- turn, threw the station into a public opportunity for minorities who have a lation and the community. And in that revocation proceeding, which placed its role in the broadcast industry in our diversity comes the kind of vitality broadcast license in jeopardy. Faced Nation. that will keep our Nation vital and with the loss of the ability to do busi- There can be no question that minor- keep our democracy alive. ness, the station dropped its black pro- ity entrepreneurs have a tougher time You will recall George Orwell talked gramming, and the FCC quietly accessing the capital markets of this in ‘‘1984’’ about the wave of commu- dropped the charges of ‘‘character vio- country. The FCC recognized this fact, nication happening, and big brother lation.’’ and the minority ownership program sent one message to the people at all These policies kept minorities from has expanded that access to capital. times. There were no alternative mes- participating in the free broadcast In 1987, Congress explicitly endorsed sages, alternative points of view, alter- spectrum ‘‘gold rush’’ that was going the FCC’s actions in expanding the tax native perspectives to encourage peo- on in America. And by the time these certificate program to encourage ex- ple to think for themselves. The whole policies were ended, the gold rush was panded minority ownership of broad- idea of diversity of voice is that the en- over, and there was no more spectrum cast and cable systems. That year’s tire community benefits when it has to allocate for free. Commerce, State, Justice, appropria- the point of view and the perspective of In 1978, the FCC finally recognized its tions bill contained language locking all our people, when the perspective role in denying minorities any oppor- in the tax certificate program, they and the information that is commu- tunity to participate in the gold rush thought. The committee report on the nicated through the public airwaves and to enter the broadcast or cable in- bill stated ‘‘Diversity of ownership re- represents the whole panoply of Ameri- dustries. That year, the FCC an- sults in diversity of programming and cans in this country and that we can nounced a policy of promoting owner- improved service to minority and all participate and draw from our di- ship of broadcast facilities by offering women audiences.’’ Similar language versity as a source of our strength. an FCC tax certificate to those who has been included in every annual ap- The Supreme Court made this clear, voluntarily sell such facilities to mi- propriations bill since that time, until in a case of Metro Broadcasting, Inc. nority individuals or minority-con- now. versus FCC. In that case, the Supreme trolled entities. The FCC’s policy was Between 1978 and 1994, the FCC issued Court held that benign, race-conscious based on the view that minority owner- 317 tax certificates under its minority measures mandated by Congress are ship of broadcast properties would pro- ownership program. Radio stations rep- constitutionally permissible, based on vide a significant means of fostering resented about 83 percent of the certifi- a record of empirical evidence dem- the inclusion of the views of minority cates issued, television stations 8 per- onstrating a nexus between minority Americans in programming, thereby cent, and cable systems, about 9 per- ownership and diversity in program- better serving the needs and interests cent. These certificates helped minori- ming. of the minority community and enrich- ties enter a business which, as I have There were five studies of this con- ing the range of material available to outlined, was virtually completely nection cited in the Metro case, includ- the nonminority audience. The FCC closed to them. And it did so not by ing a study by the Congressional Re- subsequently expanded its policy to taking away a license from anyone, or search Service, ‘‘Minority Broadcast cover the sale of cable systems, as well. through any form of direct financial Station Ownership and Programming: In 1982, during the Reagan adminis- assistance to the minority buyers, but, Is There a Nexus?’’ (1988). tration, the FCC further expanded its as I have already stated, through tax That is to say, does minority owner- tax certificate program. At that time, deferrals for potential sellers of radio ship encourage diversity of views? the FCC decided that, in addition to and TV stations, and cable systems, This study, which looked at radio those who sell properties to minorities, and potential investors who were will- data collected by the FCC from over investors who contribute to the sta- ing to enter partnerships with minor- 9,000 radio and TV stations, showed a bilization of the capital base of a mi- ity buyers to purchase these prop- strong correlation between minority nority enterprise would be able to re- erties. ownership and programming targeted

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4549 to minority ownerships and expansion All of these suggestions that there be can-American businessman is involved of diversity of voice for everyone. The a review indicate to me that the Fi- in a large transaction that is eligible other studies all had similar findings, nance Committee should have at least for a tax certificate and the resulting showing differences in programming, awaited the results of the administra- capital gains tax deferral. The rush to including news programming, and dif- tion’s efforts and should have consid- undo this transaction ignores, in my ferences in the willingness to hire ered whether or not section 1071 was opinion, some important facts. The women and minorities as employees. working, whether it had problems, first is that the transaction that pre- Mr. President, what the Finance whether its objectives were important cipitated the House Committee’s ac- Committee and the House of Rep- ones, and whether or not reform rather tion, the so-called Viacom transaction, resentatives are now proposing with than retroactive elimination would is not the only pending transaction at this legislation, however, is to termi- have been more appropriate. the FCC. There are at least 19 others. nate this progress toward diversity, to That is not what is happening with Second, all of these acquirers have terminate the 1071 tax certificate pro- this bill, Mr. President. Instead, we see gram and to do so retroactively and justifiably relied on the existence of a rush to judgment. Instead, what we section 1071, which has now been in with virtually no notice at all. see is an unwillingness to confront the The committee report sets out three place for over 17 years and which has fact that minorities and women have been explicitly endorsed by Congress reasons for terminating the program. been excluded from the broadcast and It says that the tax certificate program over and over again through the appro- cable industries and that minorities priations process. has evolved far beyond what Congress and women continue to have access-to- originally intended. The report makes capital problems that are significantly In the Viacom transaction, the pur- this argument even though it was Con- greater and different than other poten- chasing group has incurred literally gress that gave the FCC broad discre- tial acquirers. millions of dollars in out-of-pocket ex- tion to set the terms of the tax certifi- Indeed, what we see is a total dis- penses for costs such as legal fees, com- cate program. regard of the policy considerations mitment fees, and travel. The prospec- Second, the committee report argues having to do with diversity of voice tive minority purchaser has made it that the FCC standards for issuing the that led to the creation of this tax cer- clear that he was entering into the certificates are vague and therefore tificate program in the first place. transaction in order to run the com- subject to significant abuse. It asserts This hasty repeal would not just pany, not to purchase it for a quick re- that the FCC’s determination of con- eliminate a genuinely worthy minority sale or turnover. Enormous amounts of trol does not guarantee that a minor- ownership program; it would also re- time and energy and faith in our Gov- ity purchaser will continue to manage peal all of the other uses of the FCC ernment have been placed in putting the broadcast or cable property after tax certificates. For example, a broad- this transaction together. Major banks the tax certificate has been issued. cast or cable licensee is eligible for a have committed to participate. And Third, the report argues that the tax the transaction was not hastily entered certificate program is not supervised tax certificate when it divests a media property in order to comply with the into in the last 30 days in order to get and reviewed by the Internal Revenue in under the wire before the repeal of Service, and that the FCC does not re- FCC’s cable/broadcast cross-ownership this section. But the House of Rep- quest information regarding the size of policy and the newspaper/TV cross- resentatives and the Finance Com- the tax benefit or otherwise act to en- ownership policy. Repeal of section mittee seemed to ignore all the time sure that the nonminority seller does 1071, therefore, eliminates a reasonable and money and energy that have been not get the entire benefit of the certifi- incentive for FCC licensees to comply expended, all the faith and confidence cate. with FCC policies. Mr. President, these arguments, it Repealing section 1071, moreover, in laws that have been around for 17 seems to me, are sufficient to warrant does not mean ending capital gains years and seemingly went out of its a reasoned, deliberate and careful re- rollovers in the future. There will still way to repeal this section with a retro- view of this program and not the total be many, many ways to structure active effective date to get at this elimination retroactively of it. As a transactions in ways that will avoid transaction which because of its size general matter, I believe that all Fed- capital gains taxes. And in fact the ex- had made the newspapers. eral programs should be periodically perience is that the most recent sales Mr. President, I believe what we see reviewed. We should take a look at ev- in the cable industry have all been tax- here is a good example of why people erything to make sure it works as it free transactions that did not involve are so cynical about Government. What was intended to work by this Congress, the tax certificate program which was we see here is an effort to ignore the to make sure that it is more efficient. calculated to give minorities and facts, to ignore the good-faith reliance However, that commonsense principle, women a chance. on section 1071 exhibited by the pro- I believe, should not be exploited as a Some recent examples illustrate this spective purchaser in all transactions blanket license to just carelessly throw point. Time/Warner announced in Jan- now pending before the FCC. What we out longstanding Federal laws without uary of 1995 that it will acquire KBL see here is a total disregard of the equi- any review before the fact, without any Communication from Houston Indus- ties and due process in an effort to rush chance to take a look at it. And yet tries in a tax-free stock transaction to judgment. that is exactly what we are saying with an estimated purchase price of $2.2 billion. Time/Warner has also an- Mr. President, retroactive effective here. dates are very unusual in the Senate. No study of the effectiveness of sec- nounced a tax-free acquisition of Sum- In fact, this body has a long and con- tion 1071 was undertaken by the House mit Communications for $350 million sistent history of using one of three of Representatives before it rushed to via a stock exchange. Again, no tax dates as the effective date of a tax repeal this legislation. Nor has the rollover questions there. Cox Cable ac- change that reduces or eliminates tax Senate undertaken the opportunity to quired Times Mirror Cable in a tax-free fully study the merits of section 1071. merger with an estimated price of $2.3 redemptions, exclusions or similar pro- The majority leader of this body stood billion. Minority entrepreneurs, how- visions. The usual choice for those ef- in the Chamber just last week talking ever, because they frequently lack the fective dates are the date of enact- about the fact that there are over 160 access to capital of long-established ment, the first December 31st of the Federal programs he would like to see companies, cannot rely on section 328 year of enactment, or the first taxable reviewed as part of a comprehensive re- of the Tax Code which authorizes those year beginning after one of the first view of Federal affirmative action poli- tax-free transactions. Instead, they two dates. cies. And the majority leader asked have had to rely and have relied on sec- Putting aside tax rate changes, Mr. two Senate committees to hold hear- tion 1071. President, the Senate has departed ings as part of that review. The major- That is why it is particularly trou- from the usual effective dates only in ity leader also commended this admin- bling that the proposal before the Sen- rare circumstances where there has istration for its ongoing review of af- ate is to retroactively repeal section been a legitimate concern about the firmative action policies and programs. 1071 simply because a particular Afri- ability of taxpayers to rush the market

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4550 CONGRESSIONAL RECORD — SENATE March 24, 1995 and therefore avoid changes. Even in It is interesting, in that situation Just yesterday, Mr. President, this those rare cases where Congress was also there was consensus, an agreement Senate, by a very strong vote of 69 to closing loopholes in the tax law be- between both bodies with regard to the 29, approved a form of line-item veto cause taxpayers were abusing the sys- setting of an effective date. Again, that authority for the President of the tem, Congress adhered to the standards is not what happened here. Here, be- United States. Senator after Senator of fairness to ensure that taxpayers cause of a press release of one Chamber stood up to explain how unfair it was would have sufficient notice and could by one individual, the Senate has that the Congress was, in effect, black- plan their private transactions, so that rushed to judgment to adopt that and mailing the President, by linking pork- the business community could plan, thereby undo the work that all these barrel items with must items in a sin- the taxpayers could plan, so they could actors in the private sector have under- gle bill. Yet that is what we see here order their affairs in reliance on our taken in reliance on section 1071. today. Those who want the Senate to activity. This is the precedent that this body consider the option of reforming sec- That is not what has happened here, will overrule if we approve the effec- tion 1071 have no choice but to be Mr. President. The provisions repealing tive date in H.R. 831 for the repeal of linked up, in effect, be blackmailed by section 1071 therefore represent a dra- section 1071. the fact that we also want to see the matic departure from the general pro- I mentioned earlier that Congress has reform with the self-employed health cedure for drafting effective dates. departed from the general rule where insurance deduction issue. We want to After reviewing the facts and prece- there was a perceived abuse of the tax see the health insurance passed, but dents, I remain convinced there is no law. The general practice in those situ- now we are being forced by the com- policy reason to justify singling out ations has been to use the date of the mittee action to accept this ill-consid- this particular section of the Internal committee action as the effective date, ered rush-to-judgment, unfair, retro- Revenue Code for an unprecedented for- and even then to provide fair and rea- active repeal of section 1071. mulation of an effective date. sonable transition rules. For example, As I stated at the outset, I am a It is worthwhile to compare the effec- in the 1990 revenue reconciliation bill, strong supporter of that provision; and tive date for the repeal of section 1071 Congress shut down a loophole through I agree that it needs expedited consid- in this bill to the precedents. First, an amendment to section 355 of the In- eration. However, there is no reason there is the January 17, 1995, effective ternal Revenue Code. The 1990 act was that the section 1071 issue had to be date. What is the significance of this passed on October 27, 1990, and signed linked to that provision. The com- date? Well, Mr. President, it is the date into law on November 5, of that year. mittee substitute now before us has on which the chairman of the House In that case, the general effective date offsets sufficient to ensure budget neu- Ways and Means Committee issued a applied to securities purchased after trality even without the provision re- press release indicating the committee October 9, 1990—the day before the pealing section 1071. would review this section and that Ways and Means Committee reported However, the provision repealing sec- they might consider repealing the sec- out the bill, but Congress also provided tion 1071 is in the bill. And it is clear tion, in which case he intended to use a transition rule where the material that the need for action in the next 2 a January 17 effective date. terms of a transaction were described weeks to complete action on the health When has this body ever allowed a in a written public announcement be- insurance provisions effectively pre- single Member of the House of Rep- fore October 10, 1990, and SEC filing cludes this Senator, or any member of resentatives to unilaterally dictate the was made before that date. The same the Senate, from acting to try to slow effective date of a tax change? When rule was provided in another section of down this train, and to ensure that the the chief of staff of the Joint Com- the 1990 act dealing with debt ex- objectives of the minority ownership mittee on Taxation was asked this changes. tax certificate program get the atten- question during the Ways and Means Another example is provided by the tion they deserve. markup, I understand that he cited the 1989 Revenue Reconciliation Act. Let me conclude by reminding my tax-exempt leasing bill that was intro- Again, there were perceived abuses by colleagues that diversity of voice in duced by former Congressman Jake businesses making debt-financed stock our electronic media remains critically Pickle. Well, in that case, the majority sales to ESOP’s; there, the general ef- important, and that we have a respon- leader, Senator DOLE, introduced a fective date for an amendment that sibility to every American to see that companion bill in the Senate. And in modified the partial interest exclusion entry is open enough to permit that that case, the retroactive effective for ESOP loans was for loans made business to meet the needs of all of our date was made all but moot by three after July 10, 1989, the day before that citizens. It is also critically important very generously, broadly applicable provision was presented in a chair- that Government act responsibly, and transition rules and a host of targeted man’s mark to the Ways and Means that Government keep it word. By re- rules. Committee. pealing section 1071 retroactively, we The most recent and more relevant In the Revenue Act of 1987, which was are failing to meet our obligation to example of an effective date that was signed into law on December 22, 1987, those who have in good faith relied on sent by press release occurred in the Congress closed a loophole that allowed the law of the land, and our obligation Tax Reform Act of 1986. However, in ‘‘C’’ corporations to avoid LIFO recap- to the American people generally to that case, taxpayers were put on notice ture by converting to ‘‘S’’ corporation legislate responsibly. in 1984—2 years before the press re- status. There the effective date was De- By repealing this section retro- lease—when Treasury published a tax cember 16, 1987—the date of the con- actively, we have also, I believe, taken reform proposal. In that case, a press ference committee action. Moreover, a a rush to judgment and put at great release was issued to revolve the dif- transition rule was provided where peril an important policy consideration ference between a retroactive January there was a board of directors resolu- having to do with diversity of voice. 1, 1986, effective date in a House provi- tion before the December 16 date. Mr. President, I intend to continue sion dealing with tax-exempt bonds, Why are taxpayers with applications working on the issue raised by section and a Senate provision with a January pending before the FCC not deserving 1071 and I intend to continue working 1, 1987 prospective date. What is impor- of transition relief? The only concrete to try to convince my colleagues in tant to note is that this was a joint answer that I have received to this this body that the objectives of diver- press release; it was signed not only by question is that the size of the one of sity of voice are important ones that both chairman of the House and Senate those transactions, the Viacom trans- must be preserved. I intend to continue tax-writing committees, but also by action, is just too great—the implica- speaking out on the issue of the impor- the two ranking members and the Sec- tion is that we would somehow save tance of inclusion of women and mi- retary of the Treasury. It is also inter- tax revenues if we refuse to provide a norities in every industry in this Na- esting that the parties involved chose a reasonable and appropriate transition tion, but certainly in communications, date well after the retroactive January rule—and so the committee substitute which has such a broad-range effect on 1, 1986, House bill; they agree instead before the Senate has no reasonable the way that people see our country, on September 1, 1986. and appropriate transition rule. the way that people see the world, the

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4551 kind of information to which they are nently extend the health insurance pre- Washington Post last Sunday, March given access. mium for the self-employed but that 19, 1995, and I assume in many other It is access to information that is at they didn’t have the money to get the newspapers, in which he is syndicated, the heart of the section 1071 program. job done. a cartoon which is an unfortunate ex- And the notion that access to that in- For too long, Members said they ample of tasteless, offensive, black formation ought to come from as many wanted to increase the deduction be- humor. It belittles the war record, places as we can manage, to the extent yond 25 percent—but they did not have bravery, and selfless sacrifice of the that section 1071 has had a positive ef- the money. distinguished majority leader, Mr. fect in encouraging diversity of voice, Today, we will vote on legislation DOLE, by ridiculing the wounds he suf- encouraging diversity of ownership, al- that, at long last, permanently extends fered and still carries, and always will, lowing women and minorities a chance the health insurance premium deduc- from the Italian campaign of World to participate in an industry in which tion for the self-employed, and in- War II. The war record of all elected of- they were historically deliberately ex- creases it from 25 to 30 percent for 1995 ficials is usually a matter of some at- cluded, it had a salutary effect and and afterward. tention during political campaigns, and meaning and reason, and it is some- What does this mean back home? Mr. DOLE is no exception. But why any- thing that we should protect and pre- Well, this is real. This means farmers one would take an excursion into cyn- serve in this body, and not otherwise. and small business people get relief. ical dark cartoon humor over this is in- I think it is unfortunate that this I heard from Randy Koutnik in Hel- comprehensible and inexcusable. retroactive repeal has been associated ena who was planning to go into his Our political system and culture with this important health care initia- own business. He needed the deduction must be based on civility, mutual re- tive. I think it is something that I in- so he could continue to afford health spect and honor. The discourse and de- tend to continue to fight. And I hope, insurance coverage. I think this legis- bate in Presidential campaigns, indeed that as we move down the road in con- lation is needed. It will help Randy, any campaign, should properly focus on sideration of this tax legislation, we and many other hardworking, gutsy the positions of the candidates on the will not lose the one opportunity we entrepreneurs like him start out on major issues of the day, and what solu- had to unlock the door, to provide op- their own. tions are being offered. We have had portunity as a way of responding to Polly Burke of Missoula called me up too much of personal attacks, negative concerns that may be misplaced, to to say how angry she was that self-em- campaigning, and the politics of cyni- concerns that need to be articulated ployed individuals were losing their 25- cism in America in recent years. I and talked about, but concerns that we percent health insurance premium de- think it would be beneficial if we all really have not looked closely enough duction while corporations kept their tried a little more to elevate the polit- at to see the benefit for all Americans. 100-percent deduction. And I think ical discourse in America, and that we And so I hope that the health care Polly is right to be angry. focus on where we should, construc- deduction passes. I want to support Today we will take a first step to tively, lead the Nation. Our attitude that. I want to help that. But on sec- help Polly, Randy, and all self-em- should certainly be positive and, while tion 1071, the fight is not over. The ployed across America. we differ on many issues, strive for un- fight continues. My only complaint is that we should failing courtesy and respect. I hope that what has happened here have acted earlier. For the cash-basis Mr. DOLE carries with him the sym- with regard to this retroactive repeal farmers who had to pay their taxes by bol and the physical result of his valor is a wake-up call to women, to minori- March 1, Congress is 3 weeks late. in combat, defending our country, de- ties, to people in this country who care It is true that those farmers can fending the very ability of cartoonists about diversity, who think that it is amend their returns and collect a re- to exercise their trade in freedom, and important, that we cannot sit back. fund. But amending the return will our very ability to conduct an honor- And, as complex as this issue may take time and, unless their account- able, civil, enlightened debate in a de- seem, fundamentally it is a very simple ants work for free, will cost these mocracy. Mr. DOLE has dedicated his one. It is an issue of whether or not the farmers money. Probably 30 to 50 bucks entire life to the service of the Nation. airwaves of this country are for all apiece. Mr. Trudeau, I believe, owes Mr. DOLE Americans or for some Americans. I be- But with today’s action, Congress an apology for this entirely inappro- lieve that inclusion and diversity is the will at least do the right thing. priate attack and innuendo. strength of our country and not other- We will permanently extend the Mr. President, I yield the floor. wise, and I will fight to maintain ac- health insurance premium deduction so cess to the airwaves for all Americans. Montana farmers, small business peo- SELF-EMPLOYED HEALTH Thank you, Mr. President. ple, and all of America’s self-employed INSURANCE COSTS DEDUCTION Mr. MOYNIHAN addressed the Chair. have at least one less thing to worry The PRESIDING OFFICER. The Sen- about in the years ahead. The Senate continued with the con- ator from New York. Mr. President, I intend to vote for sideration of the bill. Mr. MOYNIHAN. Mr. President, I this legislation and I strongly encour- MATERIAL TERMS UNDER THE BINDING most emphatically wish to state the age my colleagues to vote for it. And I CONTRACT EXCEPTION IN H.R. 831 debt in which we all find ourselves to will push hard to make sure it gets to Ms. MOSELEY-BRAUN. Mr. Presi- the Senator from Illinois for her power- the President’s desk fast, so the deduc- dent, I rise to request a clarification to ful and persuasive statement; her first tion is available to all the self-em- a provision in H.R. 831 relating to the on this particular subject, but not, I ployed filing their tax returns before binding contract exception to the re- dare think and hope, her last. April 17. peal of section 1071. We will continue now with this de- I thank the Chair, and I yield the Binding contract exceptions to bate. floor. changes to the tax laws are commonly Mr. President, I yield 5 minutes to Mr. BYRD addressed the Chair. included in tax legislation to protect my friend and colleague, the senior The PRESIDING OFFICER. The Sen- taxpayers who, in reliance on the laws, Senator from Montana. ator from West Virginia. entered into legally binding agree- The PRESIDING OFFICER. The Sen- Mr. BYRD. Mr. President, I thank ments prior to the effective date of the ator from Montana. the distinguished Senator from Oregon statutory change but where the trans- Mr. BAUCUS. Mr. President, I thank [Mr. PACKWOOD] for deferring to me action itself will not be completed my good friend, as well, the senior Sen- briefly so that I might make a brief until after that effective date. H.R. 831 ator from New York. statement. includes such a binding contract excep- Mr. President, in Montana, we have a f tion to the repeal of section 1071. The saying—‘‘it’s not what you say, it’s intent of this exception is to honor tax- what you do.’’ BLACK HUMOR payers’ good faith reliance on the law. For too long, Members of Congress Mr. BYRD. Mr. President, a cartoon The binding contract exception in said they only wish they could perma- by Mr. Garry Trudeau appeared in the this bill, however, would not apply if

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4552 CONGRESSIONAL RECORD — SENATE March 24, 1995 the contract, or the material terms of course, in comparison with the very, surance premium deduction for the the contract, are contingent on very large number of Americans who self-employed, but literally to be a issuance of an FCC tax certificate. It is have health care insurance premiums modest contribution to our budget def- not clear what would constitute a ma- paid for by their employers, fully de- icit. terial term being contingent on the ductible to those employers. Yet, even The most significant of the tax issuance of an FCC tax certificate for this 25-percent deduction for the self- changes, of course, is the cancellation purposes of this legislation. employed, for hard-working Americans of section 1071 of the Internal Revenue It is important that we provide the in small towns and large cities and on Code, which started out as a recogni- FCC and the Internal Revenue Service farms across this country, is threat- tion of forced sales some 50 or more with appropriate guidance in deter- ened. It has for years been a deduction years ago, when we first developed mining whether a contract for the sale with a terminal point. In every pre- rules that did not allow more than one of a broadcasting station qualifies for vious year in which that terminal radio station, in that case, to be owned the binding contract exception to the point was reached, the Congress has ex- by the same people in the same com- repeal of section 1071 and therefore eli- tended the deduction for a few more munity; but since, that has become a gible for an FCC tax certificate. If a years. rather famous and notorious form of transaction contemplates a third-party In 1994, it did not do so and tech- affirmative action. action, such as the FCC issuing a tax nically there is no such provision This provision, of course, was trig- certificate, but the contract requires today. There will be, however, if this gered by a huge sale involving Viacom that the transaction go forward even if bill passes. A deduction will be effec- and one member of a minority group, the third-party action does not occur, tive for the current year and will move the cost of which to the Federal Treas- it is only reasonable that the parties to up modestly from 25 to 30 percent next ury would be over half a billion dollars. the agreement provide in that agree- year. I believe that almost every Mem- It may very well have been one of the ment for a relatively minor adjustment ber of this body hopes that the time triggering causes of the attention to offset the effects of the failure of the will come that, with a more sound and being paid today to the whole subject third-party to act. Such a contract all-encompassing set of health care re- of affirmative action. Yet, I think it is clearly is still binding—the transaction forms, we will be able to allow the de- safe to say that this provision should must go forward with the contract-re- duction of 100 percent of such health be repealed without regard to the vary- quired adjustment. It is my under- care insurance costs. In the meantime, ing views of Members of this body and standing that the ‘‘material terms’’ of however, to extend the present deduc- of the public as a whole on affirmative a contract are not to be considered tion and modestly to increase the action overall. The kind of affirmative contingent on the issuance of an FCC present deduction is clearly over- action that benefits one quite success- tax certificate simply because the par- whelmingly in the public interest. ful and fairly wealthy member of a mi- ties provided for a relatively minor ad- Standing alone, that would not be a nority group at the cost of half a bil- justment of less than 10 percent of the difficult task, except for its effect on lion dollars to the State treasury is a selling price if the FCC certificate is the budget deficit. It is here that the perversion of any kind of theory of eq- not issued. Is this consistent with your thoughtfulness and the genius of the uity, affirmative action or otherwise. sponsors of this bill are in particular understanding of what is intended by We will have in this body more than evidence. This bill is going to be paid the clause ‘‘or the material terms of enough time to debate the whole sub- for by four changes in the Internal such contract’’? ject of affirmative action, whether or Revenue Code, three of which are of Mr. PACKWOOD. Yes, the clause ‘‘or not it has been a success, whether or considerable significance with respect the material terms of such contract’’ is not it deserves continuation in whole to the amount of money that they not intended to exclude binding con- or in part in the future. In the mean- tracts from the benefits of the legisla- produce. The first is a denial of the earned-in- time, however, we need to pass this bill tion’s binding contract rule simply be- in order to prevent this perverse use of cause the parties included a relatively come tax credit to those who have sub- stantial unearned income; that is to affirmative action and in order to pro- minor price adjustment of less than 10 vide justice for literally hundreds of percent in the original binding con- say, investment income. The earned-in- come tax credit, of course, is designed thousands of self-employed Americans. tract to compensate for the failure of Here, a handful of people who do not the FCC to issue a tax certificate. to see to it that the working poor— those who are trying to move out of deserve tax benefits will be penalized. Mr. President, we are waiting for Hundreds of thousands of hard-working Senator DOLE to come, and then we poverty, who are below the level at which they would normally pay an in- self-employed Americans will at least will be ready to close up on this bill, I retain, and ultimately have a slight in- believe. I suggest the absence of a come tax—literally get some money back from the Government as a reward crease, in a tax deduction for a highly quorum. worthy social and economic purpose. The PRESIDING OFFICER. The for that work. To allow it, however, to This bill, in other words, does justice clerk will call the roll. those who have low levels of earned in- The assistant legislative clerk pro- come but significant levels of unearned to the self-employed, ends a terrible ceeded to call the roll. income is, of course, a perversion of the loophole in the field of affirmative ac- Mr. MOYNIHAN. Mr. President, I ask whole design of the earned-income tax tion, ends a loophole in the earned-in- unanimous consent that the order for credit itself. So this narrowing, this come tax credit, and ends up helping us the quorum call be rescinded. focus of the earned-income tax credit in some slight manner to reduce our The PRESIDING OFFICER. Without on those who are truly the working deficit. objection, it is so ordered. poor is a matter of tax justice and fis- We very rarely get bills through this Mr. GORTON. Mr. President, I am cal equity without regard for its use House in which every single element is here to support this proposal and to for this health care insurance deduc- a plus for our society, and it deserves praise the Finance Committee and tion. the support of all Members of the Sen- those in the House of Representatives Second, we are for the first time ac- ate. who thought of a way in which to do tually going to penalize those Ameri- Mr. DOMENICI. Mr. President, April justice on both sides of the equation of cans, those I think perverse Americans, 15, is only 22 days away and unless the a tax proposal and to provide an exten- who renounce their citizenship in order President signs a bill restoring the 25- sion and ultimately an increase in an to save on taxes. They will be hit when percent health insurance deduction for overwhelmingly just—but still inad- they renounce that citizenship with the self-insured more than 4 million equate—deduction for the health care what amounts to a capital gains tax on small business persons will experience expenses of the self-employed. the assets they take with them out of yet another tax increase. For many years, the Tax Code has the United States. The Finance Com- If a person is doing business as a cor- permitted a modest deduction of 25 per- mittee, I should note, has said that poration, health insurance is 100 per- cent of the health care insurance costs this provision is not designed to be a cent deductible. Under the tax law in of the self-employed—modest, of direct offset against the health care in- effect without this legislation, zero

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4553 percent, zip, none of their health insur- time for the April 15 filing deadline. health insurance for 1994, it will allow ance costs is deductible for the self-em- Making the deduction permanent will them to deduct 30 percent of these ployed. There is no tax policy justifica- stop the uncertainty that has histori- costs for all future years. This bill, tion for treating corporations one way cally accompanied this section of the which addresses one of the most unfair and the self-employed another. The Tax Code. It will help millions of small provisions in the Tax Code, is fully majority of all businesses in this coun- business entrepreneurs, farmers, and paid for without adding a penny to the try are self-employed. These are often ranchers provide health insurance for budget deficit by eliminating an out- firms with very little cash, a good idea their families. dated and inequitable corporate tax and talent struggling to make a suc- Mr. GRASSLEY. Mr. President, I break. cess. Once they do succeed, they are want to lend my strong support for This issue has justifiably been a the ones that create nearly two out of H.R. 831 to make the self-employed de- major concern to the small business every three net new jobs. These small duction permanent and to raise it to 30 community for a long time. The 25 per- firms have sustained this job-creating percent. cent deduction for the self-employed record for more than 20 years. Clearly, There had been a number of threats was first contained in the tax Reform the Tax Code should not treat them so to hold this legislation up by filibus- Act of 1986. Due to congressional inac- shabbily. tering or offering numerous conten- tion, it expired at the end of 1993. Con- The need for the deduction is indis- tious amendments. I’m very glad that sequently, if we didn’t pass an exten- putable. Unincorporated business own- these threats disappeared, because sion before April 15, self-employed indi- ers experience the worst of all possible holding up this bill would have only viduals would not have been able to de- worlds in the health insurance market- hurt the millions of taxpayers that are duct any of their health insurance ex- place. Usually they can only buy an in- waiting for this relief. penses this year. This would have been Mr. President, most of the major sufficient health insurance policy for a incredibly unfair. Employees of cor- health care bills introduced in the last very high price and they are denied the porations continue to be able to deduct Congress called for an increased exten- same incentives and tax treatment en- almost all of their health insurance sion of the 25 percent health insurance joyed by incorporated, bigger busi- costs. nesses. deduction for the self-employed. If this legislation becomes law, the There’s a broad consensus that an in- Since 1989, we have been keeping self-employed will be able to take 25- creased health insurance deduction small business in limbo each year percent deduction for their health in- would contribute to tax fairness and while Congress decides whether to re- surance costs on their 1994 taxes and would also lead to a significant reduc- extend this tax deduction. Small busi- receive a 30-percent deduction for tax tion in the number of uninsured Ameri- nesses are extremely important to our years 1995 and beyond. I am pleased cans. country. In Arizona, they are the fast- that Congress is taking this step to ad- Unfortunately, as we all know, the est growing component of our economy dress the health insurance deduct- self-employed health insurance deduc- and, in aggregate, our largest source of ibility gap and to make it permanent. tion expired on December 31, 1993, with employment. They rely upon the mod- We really should be working to the understanding that an extension, est insurance tax benefit that they are achieve 100-percent parity and equity and possible expansion, would be part entitled to receive. By passing this bill with corporations so that all busi- of health care reform in 1994. However, today, and by making it retroactive so nesses, regardless of form, would be we all know what happened to Presi- that the deduction can be taken this treated the same. Total deductibility dent Clinton’s disastrous health care year, we make a major step forward in has been a top priority of the various reform effort. And, unfortunately, the providing equity and certainly to small State small business conferences which self-employed deduction went down business people throughout our Nation. have been held prior to the 1995 White with it. Throughout the health reform debate House Conference on Small business. In Mr. President, if the 25-percent de- last year, I argued that the deduction the mid-1980’s, I sponsored legislation duction is not retroactively reinstated, for self-employed individuals should be that was enacted calling for a White the self-employed will be hit with a siz- expanded to be comparable to the full House Conference on Small Business able tax increase. Moreover, it would deduction that other employees re- once every Presidential term. These be a tax increase on predominantly ceive. I further contended that the re- are valuable conferences because they middle-income persons since about 73 sult of allowing the deduction to expire help identify legislative priorities. In percent of those persons who pay self- would have been to substantially in- the past, a vast majority of the Small employment tax earn under $50,000 in crease the number of uninsured Ameri- Business Conference recommendations adjusted gross income. cans. It would have imposed a large have been enacted into law. I hope we Mr. President, I have introduced a burden on individuals who we should be will be able to make good on that separate bill that would reinstate the helping, those who have taken the ini- record when it comes to the deduction 25-percent deduction for the 1994 tax tiative and risk associated with small of health insurance for the self-em- year, and then increase the deduction business and self-employment. Today, ployed. to 50 percent this year, 75 percent next we vote to start to remedy their prob- In addition to tax policy fairness and year, and 100 percent the year after. lems. job creation, restoring the deduction Organizations as diverse as the Farm Passing this extension and expansion for the self-employed is important be- Bureau, the National Federation of of the self-employed insurance tax de- cause the self-employed are one of the Independent Businesses, the Associa- duction today is a major step in the largest groups of uninsured citizens in tion for the Self-Employed, and the Na- right direction. I urge President Clin- America. There are 3 million self-em- tional Restaurant Association support ton to sign this bill into law as soon as ployed Americans without health in- this legislation. possible. It is outrageous that self-em- surance. The 30-percent deduction is a I look forward to the Congress finally ployed individuals are not permitted to small, but meaningful incentive for un- dealing with this problem by taking deduct the same percentage of their incorporated business owners to pur- care of the 1994 tax year, making it health insurance costs as do employees chase health insurance for themselves permanent and increasing it to 30 per- of large corporations. It is even more and their families. cent. Hopefully, we will be able to ex- In New Mexico, there are 75,000 self- pand the deduction up to 100 percent at outrageous that we almost took away employed individuals about one-third a later date. the small amount that they can cur- of them take advantage of the deduc- Mr. MCCAIN. Mr. President, I strong- rently deduct, and may still do so if tion. This number does not include ly support legislation to permanently President Clinton does not act quickly. farmers and ranchers who are another extend and expand the health insur- I remain committed to ensuring that group that will benefit from the tax ance tax deduction for self-employed all Americans receive the same tax ad- law change we are making today. individuals. In addition to allowing vantages in deducting their health in- I sincerely hope the Congress can these individuals and their dependents surance, and to creating a more equi- complete it work on this legislation in to deduct 25 percent of the cost of their table and efficient health care system.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4554 CONGRESSIONAL RECORD — SENATE March 24, 1995 Mr. KENNEDY. Mr. President, with nied coverage altogether if someone in insurance coverage for their workers— passage of H.R. 831, the Senate begins the business is in poor health, or is el- and some small businesses do make the effort to pick up this year where we derly, or lives in the wrong part of such a contribution—the owners still left off last year on the very important town, or works in the wrong occupa- could not deduct the cost of their own issue of health care reform. tion. insurance. To some extent, this legislation sim- The legislation before us provides So in 1986, Congress reduced this dis- ply extends a tax break for health in- some tax assistance for the self-em- parity by granting a separate tax de- surance for small business that expired ployed, including the owners of small duction for small business owners, last year because it was closely related businesses, but I am disappointed that equal to 25 percent of the cost of the to other health reforms that also failed the imminent tax filing deadline pre- insurance they bought for themselves. to pass. vents us from taking this opportunity Many people feel that the deduction Many of us had hoped to use this leg- to deal with the problems in a more should be 100 percent, in order to islation as an opportunity to revise balanced and more effective way. achieve full parity with managers of this tax deduction and make it fairer The legislation offers a tax subsidy of large corporations, and there is a good to all those involved in small busi- $800 million a year—$8 billion over the deal of merit in that view, at least in nesses—employees as well as owners. next 10 years—to help the self-em- cases where the owners provide cov- But because the tax deadline is so ployed purchase the coverage they erage for their employees. near, there is no real opportunity to need. Many, many citizens in our soci- The 1986 deduction was enacted on a have such a debate at this time. Small ety need help in purchasing health in- temporary basis. It was extended by businesses deserve to have the expired surance. For $800 million a year, we Congress on several occasions, but it provision extended as soon as possible, could do a great deal to insure chil- expired at the end of 1993. A further ex- so that the applicable law will be clear dren, or give greater health security to tension was considered in 1994 as part as they file their tax returns for 1994. workers who lose their jobs, or more of comprehensive health reform, but it Many of them purchased their health assistance to senior citizens struggling died when the overall health reform ef- insurance in expectation that the tax desperately to pay the high cost of fort failed. deduction would be continued, and it long-term care or prescription drugs. The question now is whether, in this would be unfair to them to let it lapse But the entire $8 billion in this bill time of limited resources, it is fair to now. So I join with many other Sen- goes to the owners of small businesses. restore the subsidy—and make it per- ators in expediting action on this bill. No one else benefits—not even the em- manent—and even sweeten it from a 25 But it is appropriate to point out the ployees of those businesses. In fact, percent deduction to a 30 percent de- key issues involved in this tax incen- more than $3 billion of these funds goes duction—for small business owners at a tive, and I am confident we will have to people making more than $50,000 a cost of $800 million a year, but do noth- an opportunity to address them on year. More than $2 billion goes to peo- ing for the employees of those small other tax bills and as part of our effort ple making $75,000 or more—and that businesses. in the coming months to enact health isn’t fair. The wealthier they are, the Even large corporations don’t do this reform in this Congress. bigger their tax benefit. Changing the well. The managers of large, self-in- In the wake of our failure to enact tax deduction to a tax credit would be sured corporations are not eligible for health reform last year, the health fairer, and making the tax credit re- a tax break that is greater than the tax care crisis facing American families fundable would be even fairer. break given to their workers. Yet has continued to grow worse. Last But if we’re going to make the cur- under the committee bill, owners of year, the number of uninsured in- rent system fairer to small business small businesses are eligible for the tax creased by more than 1 million, to over owners, we should at least make it fair- break even if they make no contribu- 40 million of our fellow citizens. If cur- er to their employees too. Small busi- tion at all to the cost of their workers’ rent trends continue, the number of ness owners and their families deserve coverage. uninsured will exceed 50 million in the help—but so do their employees and Yet employees of small businesses year 2000—1 in every 5 nonelderly their families. have even more difficulty than their Americans. But for the expansion of Under current tax law, any business, employers in obtaining good coverage. public health insurance coverage to large or small, that provides health in- It is bad enough that 18 percent of all more than 10 million people in the past surance to its employees can deduct workers are uninsured. It is worse that decade, the current situation would be the cost of that insurance as a business 25 percent of the self-employed are un- even worse. expense, just as it can deduct the insured. But it is even worse that 33 Even those who have insurance are wages paid to its employees. not secure. No family can be confident The employees who receive the insur- percent or workers in firms with fewer that the insurance which protects ance get a significant tax break too, than 10 workers are uninsured. them today will be there for them to- because the value of the insurance is a The smaller the business, the more morrow if serious illness strikes. fringe benefit that is not counted as in- serious the problem. More than 90 per- The decline in health insurance cov- come to the employees for tax pur- cent of firms with over 250 employees erage on the job is especially serious. poses. offer coverage to their workers. But As recently as 1988, two-thirds of all This favorable tax treatment was one only a third of firms with fewer than 10 nonelderly Americans received cov- of the principal engines driving the ex- workers offer coverage to their em- erage through their employer. Today, pansion of private, job-based health in- ployees. that number has fallen to 61 percent. surance coverage in the past genera- This legislation does the right thing By the year 2000, only about half of all tion. It has also been a major factor in by helping the self-employed. But it nonelderly Americans will be able to helping to make the loss of coverage in should have gone farther. It should depend on private, job-based coverage recent years less serious than it would have helped both the owners and their for the health protection they need for otherwise have been. employees. their families and themselves. This tax exclusion for fringe benefits Under this bill, mom and pop, the Few, if any, people are more seri- is also one of the most expensive tax owners of the small mom and pop ously victimized by the health care cri- subsidies in the entire Internal Rev- store, get a tax break, but the cashier sis than small business owners and enue Code. It will cost the Treasury $60 or the worker in the stock room does their employees. If they try to buy cov- billion this year, and that revenue loss not. erage, they routinely face insurance will rise to $94 billion in the year 2000. The partners in the law firms get the company markups as much as eight Under a quirk in the tax laws, how- tax break, but the secretaries and the times greater than large businesses. ever, owners of small businesses that filing clerks and the paralegals do not. Despite reforms enacted by many are not incorporated were not eligible The doctors in the group practice get States in recent years, small busi- for this tax break. In fact, they were at the tax break, but the nurses and tech- nesses in many areas of the country a serious disadvantage. No matter nicians and lab assistants and recep- still face exorbitant prices or are de- what contribution they made to health tionists do not. And that isn’t fair.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4555 A fairer bill could have maintained do contribute to the cost of insurance whether the deduction would be ex- the 30 percent deduction for the small coverage for their employees. They tended. business owners, as provided in the should be able to deduct 100 percent of H.R. 831 will restore the 25-percent committee bill. But it should have re- the cost of their own coverage, if they deductibility for 1994—increase it to 30 quired them to make group health in- pay the full coverage of their workers percent this year—and make it perma- surance available to their workers as a as well, as some small businesses al- nent. condition of taking the deduction for ready do. That is good news for the 3.2 million themselves. Under the reform I favor, whatever unincorporated, self-employed Ameri- The owners would not have had to share they provide to their workers cans the U.S. Treasury Department es- make any contribution to the cost of would also be deductible for them. If timates would claim the deduction on the coverage for their employees. They they pay 70 percent of the premium for their 1994 returns. would only have to make the coverage their workers, they could deduct 70 H.R. 831 moves us in the right direc- available for the employers to purchase percent of their own premiums. They themselves. But employees exercising tion, and I am pleased to join my col- would have full parity with the man- leagues in acting swiftly today to ap- this choice should also be eligible for ager of a large business. the same 30 percent tax break available prove this desperately needed tax re- In summary, the committee bill pro- lief. to the owner. vides a tax subsidy for health insur- Yet, Mr. President, we should not This proposal is not an employer ance for the owners of small business. I look at 30 percent deductibility as our mandate. It does not require employers regret that it does not provide a simi- final goal. to contribute to the cost of coverage. It lar tax subsidy for the employees of does not even require employers to small business too. We should use this opportunity dur- offer coverage to their employees. All During the course of this Congress, ing the 104th Congress to give small it says is that if they want to take ad- there will be opportunities to consider businesses the same benefit enjoyed by vantage of a tax break to purchase measures to expand health care for the big business and their employees—by health insurance for themselves, they employees of small businesses, for increasing the health insurance deduc- will have the minimal obligation of ar- other members of working families, for tion to 100 percent for 1995 and beyond. ranging the availability of group cov- children, and for senior citizens. When That is why I have also committed erage for their employees. these reforms come to a vote, I hope my support to S. 262, the Grassley- This proposal is a modest one. It does that the Members of the Senate will re- Roth-Pryor-Dole 100 percent deduct- not even go as far as the Republican member that these Americans need ibility bill. health reform bills offered by Senator health care, too. Self-employers face the worst of all DOLE and Congressman Michel last I also intend to do all I can, in these possible worlds in the health insurance year. The Michel bill required all em- times of deep budget cuts and limited marketplace. ployers to make coverage available to Federal resources, to see that the large Far too often, there aren’t enough their workers, regardless of whether tax subsidies now available through options—the price is too high—and the the employers took a tax deduction for the Internal Revenue Code meet the self-employed are denied the very in- their own coverage. The Dole bill re- same strict scrutiny that Congress is centives and tax treatment big busi- quired all employers to administer a giving to other forms of Federal spend- ness has come to expect. payroll deduction program for their ing. We made bipartisan progress yes- employees, even if the employers took And too often, the self-employed lack terday by extending the line-item veto no tax deduction for themselves. access to cost-saving managed care ar- This proposal is not an expensive to tax subsidies, and we need to do rangements because insurers are reluc- one—just a fair one. Final cost esti- more to rein in this rapidly growing tant to create and market them in the mates are not yet available from the part of the Federal budget. small towns and rural areas where Joint Tax Committee. But it is likely Mr. GRAMM. Mr. President, I rise most self-employers are located. that the program could be financed by today to voice my support for H.R. 831 Even when they do buy insurance, using some of the excess revenue gen- and the protections it will provide to self-employed business owners often erated by the bill before us, or by re- America’s self-employed business own- pay approximately 30 percent more taining the level of the deduction at 25 ers—the men and women who create than larger companies for similar bene- percent instead of raising it to 30 per- the jobs on Main Street. fits. Today, the Senate is finally ready to cent. That is because of costly State man- deliver the tax relief that should have Small business owners on the whole dates for specific types of insurance been provided a long time ago. are not a wealthy group, and they often coverage, which prevent self-employed And today, more than 3 million small have trouble obtaining affordable in- business owners from shopping for only business men and women—including as surance. They need the help that we the basic care that they and their em- many as 146,000 in my home State of are providing in this bill. But their em- ployees might need. ployees have even lower incomes and Minnesota—are breathing a sigh of re- lief. Larger firms that self-insure, on the are even less likely to be insured. Sure- other hand, are not subject to these ly, they are at least as deserving a tax Up until last year, the self-employed were allowed to deduct 25 percent of costly mandates. The health insurance subsidy as the owners of the business. deduction helps small business owners This proposal has other benefits for their health insurance premiums. defray at least some of the high cost of workers, in addition to the tax subsidy It was a powerful incentive: Small insurance. it provides. Group coverage is less ex- business owners were much more likely pensive than individual coverage. A to buy insurance for their employees The businesses that would benefit majority of States have adopted limits when they were offered an incentive to most from deductibility legislation on preexisting conditions and limits on purchase health insurance for them- represent almost 10 percent of the premiums. They guarantee the issue of selves. working population, and cover a tre- policies and the renewal of policies for That deduction, however, was al- mendous variety of employers—from such group coverage. lowed to lapse in December 1993 when farmers and florists—grocers and bank- But only a handful of States have en- it appeared that Congress would ad- ers—to smalltown clothing stores, acted comparable rules for individual dress health care reform in 1994. hardware stores, and photographers. coverage. By assuring the availability But health care reform never mate- Mr. President, a tax deduction for of group coverage to a broader number rialized—and Congress never restored the cost of insurance premiums would of people, the benefits of the insurance the deduction. go a long way to help these self-em- reforms already enacted by some The self-employed have seen their 25- ployed business owners and their em- States can be extended to many more percent deduction expire five times ployees—especially in high-risk fields citizens who need them. over the past 8 years, leaving them in such as agriculture, where the hazards Finally, a fair bill should provide tax the precarious position of trying to of the job often result in relatively parity for small business owners who second guess Congress each time as to high health insurance costs.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4556 CONGRESSIONAL RECORD — SENATE March 24, 1995 The health deduction is simply good Extension of the deduction is a bipar- The PRESIDING OFFICER. Without business—a simple way for the Federal tisan issue—one on which there is a objection it is so ordered. Government to help the people who very broad consensus. A letter signed (See exhibit 1.) create the jobs and deliver the pay- by 75 Members of this body, earlier this Mr. DASCHLE. I am pleased that the checks on Main Street. year, bears testimony to that fact. Senate was able to move this bill so Small business needs encouragement, For too long, small businesses, in- quickly. In light of this, I am opti- along with some incentives, to survive cluding farmers, have been treated un- mistic that the extension of the deduc- and continue creating jobs—providing fairly compared to corporations. Cor- tion will be enacted in time for the re- for their employees. It is in our best in- porations may deduct 100 percent of maining self-employed to take advan- terest to see that they do. the cost of qualified health insurance tage of it before they file their returns Since the 1970’s small business has they purchase. But the self-employed on April 15. created two of every three new jobs in do not receive equal treatment. In the With the passage of the permanent this country, and a substantial major- past they have been able to deduct only extension of the self-employed health ity of those jobs were created in firms 25 percent of the cost of purchasing insurance deduction today, we can all with fewer than five employees. health insurance for themselves and claim victory for bringing greater fair- Congress should not neglect these en- their families. ness in the Tax Code to small busi- trepreneurs, Mr. President. What is more, small businesses have nesses and for helping ensure that Self-employed business owners are not been able to rely on the avail- the very people whose firms will have more Americans are covered by health ability of this deduction from year to insurance. to thrive in order to create the jobs of year, preventing them from budgeting the future. for their health insurance costs. For EXHIBIT 1 These are often people with very lit- many, the existence of the deduction STATEMENT OF ADMINISTRATION POLICY tle cash, but a lot of good ideas and tal- means the difference between having H.R. 831—PERMANENTLY EXTEND THE TAX DE- ent, struggling to make their ideas health insurance or not having it at DUCTIBILITY FOR HEALTH INSURANCE COSTS work. all. FOR SELF-EMPLOYED INDIVIDUALS (ARCHER For them, the health insurance de- Frankly, it is not clear why this de- (R) TX AND 3 COSPONSORS) duction could mean the difference be- duction was subject to sunset in the The Administration supports the primary tween an ‘‘Open for Business’’ sign on first place, often forcing an annual ex- purpose of H.R. 831, as reported by the Sen- the door and one reading ‘‘Going Out of tensions of the measure. This is not a ate Finance Committee—to reinstate for 1994 the 25 percent tax deduction for health insur- Business.’’ case of a controversial provision need- It is time, Mr. President, for Wash- ance premiums for self-employed individuals ing further review. Virtually all Mem- ington to treat America’s job providers and increase the deduction to 30 percent on bers agree that, as a matter of fairness, equally. a permanent basis thereafter. I want to thank my colleagues for the self-employed should be able to de- The Administration, however, opposes one coming together in a bipartisan man- duct at least some portion of these of the bill’s offsets—i.e., the outright repeal ner to ensure that 3.2 million more costs, if not the full amount. of the current tax treatment for the sale of I am also pleased that the deduction radio and television broadcast facilities and Americans will have access to more af- cable television systems to minority-owned fordable care. will be increased to 30 percent. It is my hope that at some point in the future businesses (so-called ‘‘section 1071 benefits’’). In fact, this is our first step toward The Administration is undertaking a com- serious and sensible health care re- we can increase the amount of the de- prehensive review of affirmative action pro- form. duction; though it is of paramount im- grams, including certain aspects of section It is legislation like H.R. 831 which I portance that any further extension be 1071 benefits. As part of the section 1071 re- believe helps restore the people’s faith offset appropriately. view, the Administration will consider pos- in this great institution. I regret that we were unable to pass sible modifications to the ownership and Mr. President, our ultimate aim this measure earlier this year. Most holding period requirements as well as caps should be to give the self-employed the farmers who are self-employed faced a on the amount of gain eligible for deferral. same 100 percent health insurance de- March 1 filing deadline for their 1994 While the Administration, in the FY 1996 Budget, proposed limiting earned income tax duction we’ve granted to incorporated tax returns. Assuming the measure we are considering today is passed, they credit (EITC) eligibility based on certain businesses. kinds of investment income, the Administra- But today, passage of H.R. 831 moves will have to go to the expense of filing tion strongly believes that the cap on such us closer toward a goal we all share: In- amended returns for 1994. This situa- income—as set forth in this bill—should be suring more people, under policies that tion could have been avoided if not for indexed for inflation. cost less, that allow them greater ac- unnecessary delay in the House of Rep- The Administration supports the provision cess to the health care services and resentatives unrelated to the self-em- in H.R. 831 that would tax expatriating citi- providers they choose. ployed deduction. zens on untaxed gains—a provision which is Mr. DASCHLE. Mr. President, I am I am concerned that funding for this very similar to one included in the Presi- pleased we will pass legislation today measure relies on the repeal of section dent’s FY 1996 Budget. that, if enacted, will finally make per- 1071 benefits used to promote minority SCORING FOR PURPOSES OF PAY-AS-YOU-GO manent the health insurance deduction ownership of broadcast facilities. I H.R. 831 would affect receipts; therefore, it for the self-employed. This certainly would prefer that section 1071 benefits is subject to the pay-as-you-go requirement will be a victory for small business in be reviewed in the context of a com- of the Omnibus Budget Reconciliation Act America. prehensive analysis of affirmative ac- (OBRA) of 1990. During my entire tenure in the Sen- tion programs, as the administration The Administration’s preliminary scoring ate, I have supported and cosponsored has suggested. I ask unanimous con- estimates of this bill are presented in the table below. Final scoring of this legislation legislation to make the deduction per- sent that the administration’s ‘‘State- may deviate from these estimates. If H.R. 831 manent. It is very gratifying, there- ment of Administration Policy’’ on were enacted, final OMB scoring estimates fore, to see that an overwhelming num- H.R. 831 be printed in the RECORD at would be published within five days of enact- ber of my colleagues share this goal. the close of my remarks. ment, as required by OBRA. PAY-AS-YOU-GO ESTIMATES [Receipts in millions]

1999– 1995 1996 1997 1998 1999 2000 2000

SE Health ...... ¥513 ¥525 ¥571 ¥621 ¥678 ¥740 ¥3648 FCC ...... 399 449 213 220 226 233 1740 EITC ...... 23 464 507 543 576 2113 Citizen ...... 60 200 300 410 530 650 2150 Other ...... 8 23 32 40 44 48 195

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1999– 1995 1996 1997 1998 1999 2000 2000

Totals ...... ¥46 170 438 556 665 767 2550 Note.— SE Health — 30 percent tax deduction for self-employed persons (includes 25 percent tax deduction retroactive to 1994). FCC — Repeal of current tax treatment on sale of broadcast facilities to minority-owned businesses. EITC — Modification of the Earned Income Tax Credit. Citizen — Bar citizens from renouncing their citizenship to avoid tax obligations incurred before they renounced. Other — Change in Section 1033 of the Internal Revenue Code.

Ms. SNOWE. Mr. President, I rise permanent part of the tax code. That fore the Senate today. It retroactively this morning to express my strong sup- way, neither the self-employed, nor reinstates the 25 percent deduction for port for passage of H.R. 831, legislation Congress, will have to go through this last year. More importantly, it perma- which restores the 25-percent tax de- exercise again. I know that the 74,000 nently increases the deduction to 30 duction for the health insurance costs self-employed in my home State of percent for 1995 and thereafter. This of the self-employed. Maine will breath a sigh of relief once legislation is a first step toward bring- At a time when America’s small busi- we complete action on this bill. ing self-employed individuals onto nesses are under virtual attack from After all, it is not as if there is dis- equal footing with corporations, which Federal regulations and mandates, we agreement on the need to assist the are allowed to deduct 100 percent of must take a leadership role in Congress self-employed in this manner. In fact, their health insurance costs. to bring them the relief they deserve. amid all the disagreement on health We have already done a great dis- In order to create jobs in Maine and care reform over the last 2 years, this service to our family farmers by not across America, we need to assist small is one of the areas where we all agreed. passing this legislation prior to the businesses in any way we can; they are Why? Because the self-employed—the March 1 filing deadline for their Fed- the engine that keeps our Nation’s hard-working, tax-paying, job-creating eral tax returns. It is my hope that we economy running. Businesses with small business men and women of will not do the same for all the other fewer than 10 employees make up more America—cannot afford their own self-employed individuals by missing than 85 percent of Maine’s jobs, and, health care insurance. I am particu- the April 17 deadline, thereby creating nationally, small businesses employ 54 larly, pleased that the bill before us ex- a paperwork avalanche of amended re- percent of the private work force. In pands the deduction to 30 percent for turns. 1993, small businesses created an esti- the 1995 tax year. This is an important Approximately 67,200 South Dako- mated 71 percent of the 1.9 million new step in the right direction, as I believe tans are either self-employed or are jobs. When we call small businesses the we should expand it further, and grant employed by the self-employed. These engine of our economy, we mean it— the same tax treatment to the self-em- men and women represent almost 20 and America’s small are jump-starting ployed that we provide for corpora- percent of South Dakota’s total work- our economy in all 50 States. tions. In fact, I have introduced a bill force—many of them are farmers and From investors to startup businesses, to assist small businesses which in- ranchers. This tax deduction makes in- self-employed workers make up an im- cludes phasing in a 100-percent deduc- portant and vibrant part of the small surance more affordable for them and tion. their families. Immediate passage of business sector—and too often they are So I urge my colleagues to join me in this bill should be a top priority for the forgotten in providing benefits and as- support of H.R. 831 and in support of Senate. sistance. Indeed, the 11 percent of unin- the 3 million self-employed Americans sured workers in America are self-em- who need our help today. I know that most of my colleagues ployed. By extending tax credits for Mr. PRESSLER. Mr. President, let agree that this is a bill of critical im- health insurance to these small busi- me begin by emphasizing the funda- portance. However, as we all know, nesses—which is what H.R. 831 does— mental reason why we are here today— controversy surrounds the offset. This we will help provide health care cov- to extend the 25 percent tax deduction is unfortunate because it threatens the erage to millions of Americans. for health insurance costs of self-em- timely passage of the 25 percent provi- There is an old saying that is par- ployed Americans. This is one of the sion. ticularly appropriate this time of year: most important items Congress will I support the offset so that we can ‘‘Nothing is certain but death and consider this year. get this legislation permanently placed taxes.’’ The 3 million self-employed in We must put the needs of self-em- in law and also expand it to 30 percent. this country are particularly aware of ployed Americans—small business men The FCC tax certificates program—the the tax part this year, as they have sat and women, farmers and ranchers—at program we terminate to pay for this and watched and worried about wheth- the forefront of our agenda. Passing legislation—is no longer justifiable. er we would restore the 25-percent de- the 25 percent deduction on a perma- When the choice is between giving duction before they had to pay Uncle nent basis is a step in that direction. multibillion dollar corporations a tax Sam on April 17. By doing so, these hard-working indi- break or giving small businesses, farm- Earlier this year, I joined 74 of my viduals can make their business plans ers and ranchers relief for health insur- colleagues in asking the majority lead- knowing they can depend on this rea- ance coverage, the choice is clear: I er and the minority leader to expedite sonable deduction. Without the deduc- side with the hard-working small busi- the passage of this legislation because tion, self-employed individuals will see ness people, and farmers and ranch- of its importance to the self-employed. their taxes increase and their ability to ers—not large corporations. In doing so, I promised that I would afford health insurance decrease. That I encourage my colleagues to recog- not offer any amendments and that I is unfair, and must not happen. nize the core issue here today and to would vote against any amendments Frankly, Mr. President, the legisla- vote to retroactively reinstate the 25 offered, again, in order to expedite its tion we are considering today is a mod- percent deduction for 1994 and to per- passage. At this late date, we cannot est deduction, particularly when com- manently extend the deduction at the keep the self-employed taxpayer hos- pared to the corporate deduction of 100 30 percent level thereafter. We must do tage any longer. As it is, we have percent, but it is nonetheless critical. this for the sake of our farmers, ranch- forced them to wait until the very end It is critical to the 48,000 small busi- ers, small business people, and the fam- of the tax period to file. ness men and women, farmers and ilies and employees who rely upon I would like to thank the Senator ranchers in South Dakota, as well as them. from Oregon [Mr. PACKWOOD], chairman the millions of other self-employed I urge my colleagues to vote for H.R. of the Finance Committee, for getting people across this country. 831 as approved by the Finance Com- this bill to the floor and for getting As a member of the Finance Com- mittee, and urge our colleagues in the agreement to make this deduction a mittee I supported the legislation be- House to approve it as well.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4558 CONGRESSIONAL RECORD — SENATE March 24, 1995 SECTION 1071 The PRESIDING OFFICER. The ma- I know that many in this Chamber Mr. BRADLEY. Mr. President, sec- jority leader. share their belief—so much, in fact, tion 1071 of the Internal Revenue Code Mr. DOLE. Mr. President, I will take that the minority leader and I have authorizes the FCC to permit sellers of but a few moments here so we can fin- sent a letter to both the chairman of broadcast properties to defer capital ish this bill. First, I want to congratu- the Senate Finance Committee and the gains taxes on a sale or exchange if the late the managers of the bill, Senator chairman of the House Ways and Means sale or exchange is deemed by the PACKWOOD and Senator MOYNIHAN. Committee to strongly consider raising agency to be necessary or appropriate Mr. President, we start debate today the deductible percentage higher than to effectuate a change in a policy of, or on an issue that is important to many 30 percent, but within the confines of adoption of a new policy by, the Com- Americans across the country. H.R. 831 the offsetting revenues. seeks to make permanent the deduct- mission with respect to the ownership EMPLOYEE DEDUCTION ibility of health care insurance costs and control of radio broadcasting sta- I also share the concerns of many of tions. As such, the Commission has for self-employed individuals. Since 1986, Congress has allowed the my colleagues over the many employ- used tax deferral certificates for, ees who pay their own health insur- among other things, the promotion of self-employed a 25-percent deduction for their health care insurance costs. ance, but do not get to deduct any minority ownership of broadcasting Almost every year, we have had to ex- amount. There is no doubt, that these stations and cable television systems. people deserve fair and equal treat- From a tax perspective, I believe that tend the deduction, but we failed to ex- tend it last year when it expired on De- ment as well. I am hopeful that when the FCC’s tax deferral program is not cember 31, 1993. We were told that we we return to health care reform we will appropriate tax policy. Over the past 16 would address this matter in the health address this issue. years, and as the author of the Tax Re- care reform debate. And we did address Many believe that the health care re- form Act of 1986, I have consistently it. In some bills, including mine and form issue is dead, but it is not. We advocated that we spend just as easily Senator PACKWOOD’s, we sought to still have people without insurance. We through the Tax Code as we do through allow up to 100 percent dedication still have people who are denied insur- appropriated and mandatory spending. phased in over a period of time. But, in ance because of existing illness. We I have consistently opposed these spe- the end, we did nothing. None of the still have people who cannot change cial interest loopholes. Indeed, in this health care reform bills had enough their jobs in fear of losing health insur- bill, I offered an amendment that support to pass last year, and so, here ance. To me, and many of my col- eliminated the granddaddy of all tax we are today again looking at this leagues, health care reform is still very loopholes—one that benefits those who issue. much alive, and the issue of taxation of renounce their U.S. citizenship. By H.R. 831 seeks to make this deduction employees who pay for their own closing this expatriate loophole, we permanent. We don’t want to leave the health insurance, will be addressed. raise $1.3 billion that incredibly bene- 3.2 million tax filers in 1994, hanging on OFFSETTING REVENUES fitted only 12 taxpayers. the edge of a cliff every year. And we Tax loopholes raise taxes on those in In the Senate Finance Committee do not want to tell them that although last week, under Chairman PACKWOOD’s society who do not use them and dis- corporations can deduct 100 percent of tort rational economic decision- leadership, we passed a bill that not their health care insurance costs, small only extended the deduction perma- making. Thus, as a member of the Fi- businesses cannot. We decided 9 years nance Committee, I voted to place a nently, we raised the deductibility per- ago that in order to make the playing centage to 30 percent. And we did so by moratorium on section 1071 effective as field more equitable, we should allow of January 17, 1995, thereby over- repealing a Federal Communications small businesses to deduct their health Commission [FCC] program that I be- turning commercial transactions that care insurance costs. But we did not would have sheltered approximately lieve is not only ineffective, but costs give them 100 percent, we gave them the Federal Government billions of dol- $500 million in capital gains taxes. only 25 percent—one quarter of what I am profoundly disturbed, however, lars. This program has gained noto- corporations are allowed to deduct. riety in the newspapers in the recent that the issue of affirmative action has Today, we seek to increase that been interjected into the underlying months because one particular trans- amount permanently to 30 percent. action could cost the Government in issue of how to finance the 25 percent And we must continue to fight for par- health insurance deduction for self-em- excess of $500 million. One company, ity. 500 million dollars. ployed individuals. I support the con- In fact, many small businesses The FCC, the agency that admin- cept of affirmative action, which is a strongly believe that increasing the de- isters this program, does not know how remedial measure designed to identify ductibility begins to solve the dis- much the entire program has cost the qualified women and minorities and af- parity between self-employed and in- Government. And neither does the ford them the opportunity to enter the corporated businesses and will give mainstream of American life and con- even more individuals access to afford- Treasury Department. The program tribute their skills and talents to make able health insurance. I agree when has been in existence for 17 years, and America more competitive on the them. I have received many letters yet we have no idea how much this has world stage. Further, I thought it best from various small business and agri- cost the Government. One of my distin- to consider affirmative action in full, cultural associations supporting my ef- guished colleagues on the Finance not simply one small provision. As forts to increase the deduction even Committee said it right, ‘‘If you are such, I voted in committee to place a 2- more than the 30 percent in the com- looking for the enemy, the enemy is year moratorium on the application of mittee bill. Letters from: The National us.’’ And so, members of the Senate Fi- section 1071 so that Congress could Federation of Independent Business, nance Committee overwhelmingly re- study the program and alternative the American Farm Bureau Federa- pealed this program. ways to increase broadcast diversity. tion, the National Restaurant Associa- THE FCC’S TAX CERTIFICATE PROGRAM As the affirmative action debate tion, the National Association of Congress, in 1943, gave the FCC au- rages, I will attempt to broaden the Wheat Growers, the National Corn thority to grant tax deferrals to own- discussion to deal with the underlying Growers Association, the American ers of broadcast facilities who were issues of race in American society. In Soybean Association, the Small Busi- forced to sell their properties to break addition, I will be offering my views ness Legislative Council, the National up monopolies during World War II. and suggestions about how to assure Small Business Unified, the National Congress’ intent was to, and I quote, that individuals who are truly dis- Association of Home Builders, the ‘‘Alleviate the burden of taxpayers who criminated against on the basis of race Healthcare Equity Action League had been forced to sell their radio sta- and gender have a means of obtaining a [HEAL], Communicating for Health tions under difficult wartime cir- remedy, not simply lip service. I chal- Consumers, U.S. Chamber of Com- cumstances.’’ lenge my colleagues to join me in this merce, the National Association of Pri- The FCC, in 1978, expanded the provi- discussion. vate Enterprise, and the Society of sion to give a tax preference to radio, Mr. DOLE addressed the Chair. American Florists. television, and later cable broadcasters

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4559 who sold their properties to minority- the FCC tax certificate program would firmative action policies, but if the owned firms. For this policy, the FCC be repealed. And it is clear to met that President is seeking a magical ‘‘third defines minorities as including they decided to sign their agreement way,’’ I suspect he is going to run into ‘‘Blacks, Hispanics, American Indians, regardless. And, remember, they did a dead end: When it comes to the issue Alaska Natives, Asians and Pacific Is- not file for an FCC tax certificate until of group preferences, you are either for landers.’’ February 3. Their agreement continues them or against them. There can be no The greatest flaw in this program is to be contingent upon a tax certificate splitting the difference, no ‘‘third that the economic benefit does not go being granted. way.’’ to the minority buyer, the economic TURNING TAX BREAKS AND LOOPHOLES FOR MIL- With that said let us hope that rea- benefit goes to the seller. It is like a LIONAIRES INTO HEALTH CARE FOR THE ORDI- son prevails as we continue down this kickback. If you sell to me and not the NARY CITIZEN road. If we keep our voices low and our other guy, I will give you a little extra Let me be clear, if we do not pass intentions good, the debate over af- something. And I will not be paying for this legislation today, then what we firmative action can, in fact, be an op- it, the American taxpayer will. I do not are doing is raising taxes for 3.2 million portunity to unite the American peo- understand it, and I do not understand Americans. Make no mistake about it. ple, and not divide us. why people would think this is bene- If we do nothing today, then they will Mr. PACKWOOD. Mr. President, I be- fiting minorities when the monetary pay more in taxes this year than they lieve we are prepared to yield back our gain is going to the seller. did last year. time. These are also million-dollar deals. What we are trying to do here today; Mr. MOYNIHAN. Mr. President, I These are tax breaks to millionaires. what we will accomplish here today is yield back our remaining time. The average sales price for trans- taking a million dollar, unjustifiable The PRESIDING OFFICER. If there actions in which tax certificates were tax break for millionaires, not minori- be no further amendment to be pro- granted is $3.5 million for radio, and $38 ties, and turn them into health care for posed, the question is on agreeing to million for television. Although there ordinary Americans. Americans who the committee amendment in the na- is no data currently available for the really need it. ture of a substitute. cable industry, one of the transactions Let me also remind everyone here The amendment was agreed to. in the cable industry seeking to utilize that this bill passed the House of Rep- The PRESIDING OFFICER. The the tax certificate, is $2.3 billion. resentatives with an overhwelming ma- question is on the engrossment of the EFFECTIVE DATE jority vote of 388 to 44. I urge my col- committee amendment and third read- Some have tried to say that this leagues to vote for this bill. ing of the bill. bill’s effective date is retroactive. And f The amendment was ordered to be engrossed, and the bill to be read a that this bill is crafted to target one AFFIRMATIVE ACTION particular transaction—the Viacom third time. transaction. I disagree. Mr. DOLE. As the Washington Post The bill was read a third time. Chairman ARCHER of the House Ways reported today, the overwhelming ma- The PRESIDING OFFICER. The bill and Means Committee issued a press jority of the American people believe having been read the third time, the release on January 17 of this year enti- that the race-counting game has gone question is, shall the bill pass? tled, ‘‘Archer Announces Review of too far. So the bill (H.R. 831), as amended, FCC Tax Provision,’’ putting all FCC I am proud of my own civil rights was passed. tax certificate transactions on notice. record. I have supported affirmative Mr. PACKWOOD. Mr. President, I It reads, and I quote: action in the past. That’s no secret. move to reconsider the vote. But my past record did not disqualify The Committee on Ways and Means will Mr. MOYNIHAN. I move to lay that undertake this review immediately to ex- me last December from asking the Con- motion on the table. plore possible legislative changes to section gressional Research Service to compile The motion to lay on the table was 1071, including the possibility of repeal. Any a list of all Federal preference laws and agreed to. changes to section 1072 may apply to trans- Regulations. Mr. PACKWOOD. Mr. President, I actions completed, or certificates issued by And my record does not disqualify move that the Senate insist on its the FCC, on or after today, January 17, 1995. me today from raising legitimate ques- amendment to H.R. 831, request a con- Two days later, on January 19, rep- tions about the continuing fairness and ference with the House, and that the resentatives from Viacom, House Ways effectiveness of affirmative action, par- chair be authorized to appoint con- and Means Committee, and the Joint ticularly when the affirmative-action ferees on the part of the Senate. Tax Committee met. And Viacom was label is used to describe quotas, set- The motion was agreed to, and the fully apprised of the situation and the asides, and other group preferences. Presiding Officer appointed Mr. PACK- possible consequences on their trans- Equal treatment, not preferential WOOD, Mr. DOLE, Mr. ROTH, Mr. CHAFEE, action. treatment, should be the standard. Mr. GRASSLEY, Mr. MOYNIHAN, Mr. BAU- Nevertheless, the parties in the Equal opportunity, not equal results, CUS, Mr. BRADLEY, and Ms. MOSELEY- Viacom transaction signed an asset must be the goal. BRAUN conferees on the part of the purchase agreement the following day. Earlier today, my distinguished col- Senate. and even then I do not believe it was league from Maine, Senator COHEN, f not a binding contract. The purchase gave a very eloquent speech on the agreement is contingent upon the FCC Senate floor where he pointed out that MORNING BUSINESS granting a tax certificate. They filed a America is not a color-blind society, Mr. PACKWOOD. Mr. President, I ask tax certificate application with the and he is right. Discrimination con- unanimous consent that there now be a FCC on February 3, with full knowl- tinues to exist. The color-blind ideal is period of morning business. edge that Congress would be acting to just that—an ideal that has yet to be The PRESIDING OFFICER. Without repeal the program. On February 6, achieved in the America of 1995. objection, it is so ordered. 1995, H.R. 831 was introduced, and re- But, Mr. President, do you become a f ported by the Ways and Means Com- color-blind society by dividing people mittee on February 8. The bill passed by race? Do you achieve the color-blind CHILD NUTRITION PROGRAMS the House on February 21. ideal by granting preferences to people Mrs. MURRAY. Mr. President, I rise This transaction is not a small one. simply because they happen to belong today to talk about my deep concern This a $2.3 billion transaction. the par- to certain groups? Do you continue over the House proposal on the child ties involved are sophisticated players programs that have outlived their use- nutrition program and stand before in the mergers and acquisitions world. fulness or original purpose? The answer you today to speak about the questions A world where players are accustomed to these questions is, of course, a re- that I have asked and the answers I to reacting quickly. It is clear to me sounding ‘‘no.’’ have looked to to find out whether this that the parties of this transaction I look forward to the completion of is the right road for this body to go were given reasonable expectation that the President’s review of all Federal af- down.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4560 CONGRESSIONAL RECORD — SENATE March 24, 1995 I want to relate some of that to you tion they need now and if women do afraid of what the future holds for today. The National School Lunch Pro- not get the parental care they need their children. I know that children are gram, as we all know, began in 1946 in now. worried about their families. response to concerns that our national Let me touch on a few other aspects I understand and share their fears security was jeopardized because many of this legislation. One of the reasons and I urge all of my colleagues to get of our incoming military personnel suf- these nutrition programs have been so out and talk with those people who fered from nutrition-related illness. successful is because of national nutri- participate in these programs. The Federal Government made a de- tion standards. Where do you think the Talk to parents, to teachers, and to cision that it is in the national secu- campaign for the five basic food groups children so that when the Senate takes rity interest of this country to feed and came from? up this issue you have a clear and deep nourish our youth to ensure a strong The House proposal would eliminate understanding of just what you will be population and a strong nation. these and ask each State to set their doing if you support this effort. If we take the time to review this own. So, instead of one proven, work- program’s record, we will clearly find able national program, we will have 50 Mr. President, one last issue I want that it has been successful in boosting individual bureaucracies experi- to touch on in regard to this whole health and achievement among our menting on our children. block grant effort is the issue of wel- children. But that is not all. If we look further fare and how it has become associated This program touches every family in into the legislation, we realize that de- with abuse and irresponsibility. America. Its elimination will shake the spite what the House would have us be- I share the view that the programs I very foundation of the family: health, lieve, their proposal will cut nutrition just discussed are investments in our nutrition, education, and opportunity. funds to many States. future. Here is why: Every single school day, The claim that the school lunch pro- gram will see a 4.5-percent increase The overwhelming majority of those more than 25 million children in 93,000 people involved are using these pro- schools across America eat a lunch pro- cannot be found in this legislation. What you can say is that the school nu- grams as a last resort and not because vided through the National School trition block grant would provide 2.5- they choose to. They are necessary for Lunch Program. More than half of percent more funding in fiscal year 1996 survival. these children receive the meal free or than schools will receive in fiscal year Mr. President, I have several letters at a reduced price. 1995. However, this does not take into from families in the Washington WIC I doubt my colleagues know what it account food price inflation or in- programs which I ask unanimous con- is like to sit in a classroom as a small creases in participation. sent to print in the RECORD. child and try to concentrate on learn- Under current law, these programs There being no objection, the mate- ing when you have not had a meal for would see a 5-percent increase in order several hours. rial was ordered to be printed in the to keep pace with food costs and par- RECORD, as follows: I doubt that many know what it is ticipation. Because block grants do not like to teach these children. take these into account, the bill will I am very grealfut for the WIC Program, As a mother and a pre-school teach- and to the nurses I have meet. I have learned actually provide $170 million less in fis- alot about nutristion. er, I can assure you that for hungry cal year 1996 than would be provided children, learning is not a priority. It If I was not recieving WIC, Moniqua my under current law. two year old would not have enough milk. cannot be. Often, the meals they get at By fiscal year 2000, the block grant school are their only meals for the day. would provide $760 million less than I have felt very support by the ladies that wort there. Often, these lunches are the only nu- the levels needed to keep pace with in- There are a lot of ladies that come to the tritious meal they get. I can tell you flation and participation. Over a 5-year from first-hand experience that food WIC office to learn how to take good care of period, the block grant would provide their new babies. Without the WIC a lot of makes a child—any child—happy and $2.3 billion less than current law. These healthy and willing to learn. babies would go hungrey. They givee for- are not block grants; they are block mula, baby food and sopport you if the moth- Teachers are overburdened as it is. cuts. er would like to Breast feed their Baby. The last thing we need to do is to put The House proposal shifts these funds These nurses help to keep a lot of Babies more hungry children in our class- to discretionary spending. Once this healthy. rooms and then ask our teachers to happens, 1996 is the only year funds can In school my older girl would not beable teach them. be guaranteed. Afterward, State nutri- eat, because not all the time, I have enough The Women, Infants, and Children tion programs would be subject to arbi- food to send with her for lunch, she able to Program [WIC], another nutrition pro- trary spending caps, across-the-board eat and worry about how hungrey she is. she can concentrate on her school work. gram targeted for block granting, is cuts, and other money savings gim- one of the most successful forms of micks without regard to the impact on I know what it is like to go to school and be hungrey and not beable to think very health care cost containment that we children. have today. It has an outstanding clear. The House proposal does not take Katheran Northrop. record of reducing the incidence of low- into account the possibility of a reces- birth-weight babies born to poor sion. Nor does it compensate for any women, and saving lives. increases in population or poverty. The WIC program has really helped supply my family with the nutritious foods we need. This program serves nearly 7 million It puts our States in a position of set- mothers and children each month at a It has supplemented the food stamps we re- ting nutrition standards they may not ceive I always feel that the staff here at WIC cost of less than $1.50 a day for each be able to afford. It caps administra- is very dedicated to the welfare of our chil- participating child. The Medicaid sav- tive costs which will limit each State’s dren. ings this program produces outweigh ability to establish the new State regu- Susan Bess. the costs by a 3 to 1 ratio. lations. It is a model program which should What does this mean? When States DEAR SENATOR MURRY: I’m hoping that not be lost in the welfare reform debate run out of funds—and believe me, they they don’t cut the WIC program because it but rather one we can and should learn will—The children will not eat. The has really helped me the past 31⁄2 years. Baby from. end result will be devastating to our milk is really expensive and when you are on I think it is important to point out children, our schools, our families, our a fixed income and only recieve a certain that these programs have rightfully en- communities, and our economies. amount of Food stamps it becomes a problem joyed bipartisan support in this body. I have talked with many people since with finance. The WIC program helps us The Senate has affirmed the issue of the introduction of this proposal. I women and children afford milk for their nutrition as one of health for our chil- children and even help us afford some things know that my State of Washington will we need but if there wasn’t the program we dren. lose under the current block grant for- would have alot of under nurished babies. So It is one of economics too. This Na- mula. you see Sen. Murry we really need the WIC tion will pay so much more later if I know that hard working parents program.*** growing children do not get the nutri- who need WIC or school lunches are Julie Allen.

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DEAR SENATOR MURRY: I just want to say And please don’t take it away from the Please don’t cut WIC. It means a lot to our that the WIC program has helped me so children who really need it. family. It helps a lot with the children. We much and many others that I know. Without need WIC to help like families like ours. In the WIC program I don’t think I could of My family uses WIC and w/out their help I times of need. made it threw. Formula is very expensive. It don’t know what I would have done. My son Thanks, would cost about 150.00 dollars more a month used a special formula that was very expen- Barbara Wilkens. if I had to buy it myself then I would prob- sive and I couldn’t afford it on my own. Also, ably have to seek other assistance. being a first time parent, they informed me Sarah Zottman. about all the right foods to feed my child and The WIC program is extremely good, the at what age he should start these foods. They program help my child so much as he was DEAR SENATOR MURRAY: I would like to en- have helped me out in so many ways. growing. They had choices of milk for him. A courage you to Keep funding WIC. It is a fan- Sincerely, lot of it is very expensive and with my in- tastic program. This is my second Child to Martina Sambrano. come God knows how I would have purchase have on WIC my first was five years ago, She what he needed. They (WIC) were very help- DEAR SENATOR MURRAY: Please do not vote is a healthy beautiful little girl. I am ex- ful in the right foods he needed and just very to cut the WIC Program. Without it I would pected another baby in April and thanks to helpful in all my questions. I highly rec- not be able to give my kids milk once a day WIC I know this baby will have the Formula ommend WIC for any mother and wish the and probably not once a week. We are a She or he will need to grow strong and program would stay around for many years struggling family of 7 with a small business. healthy. WIC is wonderful. WIC is a program to come. We hope to not need help soon but there are that really benifits the Children. Phyllis Sanders. a lot of people still out there who wouldn’t Sincerely, survive without this program. Diane Aston. Thank you for your time. I support continued funding of the Women, Mischel V. Sullivan. Infants and Children (WIC) program. I do not DEAR SENATOR MURRAY: Please continue to believe we should make any cuts to the fund- support the WIC Program. I’m glad I’ve join SENATOR PATTY MURRAY: My infant daugh- ing of this program. This program is ex- this program because I have learn a lot for ter and I have greatly enjoyed the WIC pro- tremely vital to the well being of many of my pregnancy this time. Also, the WIC Pro- gram. The services are excellent. The staff our country’s young children. We need to gram help my family a lot for all. Such as fi- are profesional and the classes and informa- continue to ensure the well being of these nancially & family support, etc. tion are valuable. children by continuing all funding to pro- Thank you for your attention. Now that I am home with my daughter, grams, such as WIC, that help children begin Sincerely, (she is our first child), motherhood is a com- life with a healthy start. Fondy Lee. pletely new and different world. The WIC Donna M. Fine. program has helped me learn a lot about nu- Being a mother of three small children trition. Our daughter is very physically Mrs. MURRAY: Let me quote a few: ranging from 7 years of age to 3 months, I am small and the formula provided has greatly I am writing to you regarding the WIC pro- currently enrolled in a local WIC Program. I helped her growth. In addition, the nutrition gram. I was informed today that for some must take this opportunity to tell you how program has benefited our entire family. reason you are trying to erase WIC from Se- happy and grateful I am to be provided this Please do not reduce the WIC funds. The attle. Obviously, you do not know the impor- opportunity. infants & children we raise today will be our tance of WIC to thousands of pregnant furture leaders, such as yourself. (We need as I started receiving WIC September of 1994 women and their children. Women must eat, 1 many positive factors towards their develop- when my husband of 3 ⁄2 years walked out on receive proper medical care, good social care, ment.) me and my children. I was five months preg- and correct knowledge and advice to bring Thank you. nant at the time and worrying about the healthy babies (like you once were yourself) Mary Jane Brogan. stress involved in caring for my family. into this world. Mothers will do almost any- The WIC Program was a life saver. Not I am writing to you regarding the WIC pro- thing to protect and provide for their babies. only was I able to take care of myself during gram. I was informed today that for some Including theft and illegal ways of making my pregnancy but it helped to provide for reason you are trying to erase WIC from Se- money. my other children. I learned more about attle. Obviously you do not know the impor- pregnancy and infant care than I knew the She goes on to say that: tance of WIC to thousands of pregnant two previous pregnancies. I am currently women & their children. Women must eat, Nobody wants to rely on anyone else, but breastfeeding my three month old, and pro- receive proper medical care, good social care, in these days and ages, life is so vastly un- viding overall better nutrition to myself and & correct knowledge & advise to bring fair, that sometimes your low days out- my children. healthy babies (like you once were yourself) number your high days. So until then, when None of these things would have been pos- into this world. Mothers will do almost any- everyone in this world is totally self-suffi- sible without WIC. thing to protect & provide for their babies cient, programs like WIC are needed and Please do not cut WIC funding. including theft & illegal ways of making worth every penny the government puts to- Sincerely, money. With WIC, these women do not have wards it. Janet L. Pettie. to submit themselves to the ugly ways of Another letter writer talks about life, but instead feel that they have a whole DEAR SENATOR GORTON: I’m writing to in- how important WIC has been to her building of friends they can always come to. form you of the importance for a WIC Pro- Nobody wants to rely on anyone else, but in children and ends by saying that: gram. Me and my family used WIC for ap- these days & ages, life is so vastly unfair, Having WIC has meant my children would proximately one year and if it hadn’t been that sometimes your low days do outnumber always have formula or milk. They probably for the program we wouldn’t have made it. your high days. So, until then, when every- wouldn’t have had milk everyday if it WIC enabled me and my family to get on our one in this world is totally self-sufficient, weren’t for WIC. I am a working mom and feet, thus giving us the ability to give back. programs like WIC are needed & worth every make just a little too much to stay on food So please don’t cut this program because it penny the government puts towards it. stamps so WIC has bridged a big gap in our would be creating a problem rather than Sondra Erskine. food budget. Please don’t take it away from solving one. the children. They need it. Sincerely, WIC help me to get in Heath for kind good Eddie Carter and Family. for my children on WIC we learn a lot of how Another letter: to feed my children to eat good food for We are a struggling family of 7 with a DEAR SENATOR MURRAY: The WIC Program health. small business. We hope to not need help has made a huge difference in the life of all Saeleuon, Koi Fong. four of my children. My last two pregnancy soon but there are a lot of people still out there who wouldn’t survive without this pro- were monitored by WIC. The nutrition WIC has been very helpful to me as a single gram. conceling nurse care and social work were mother—to be sure that I have the basics. invaluable. My daughter age 4 and son age 2 Milk, peanut butter is a real comfort. I don’t I think you will find that these are caring, have been on WIC since before they were know what I would do without the support of responsible, hard-working individuals who born. Having WIC has ment they would al- this office, the vouchers and the support in have benefited tremendously from this pro- ways have formula or milk. They probably general. WIC is a great program. gram. It has been the safety net they need. would not have had milk everyday if it P.S. I’m not on food stamps but I think Finally, I want to share a few quotes wasn’t for WIC. I am a working mom and that program should be more like WIC where from some letters children wrote: make just a little too much to stay on there are specific foods allowed—people will foodstamps. So WIC has bridged a big gap in be healthier, better educated and tax payers ‘‘If we don’t get our lunch we would starve. our food budget. less resentful. Don’t do this to us. You are breaking our Thank you for all the help in the past. JENNIFER MELTZER. hearts.’’

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4562 CONGRESSIONAL RECORD — SENATE March 24, 1995 ‘‘Instead of taking something that we do and so he wrote a second long column, Social Security System. We did that by not need you are taking something that we a long-winded column this morning. deciding to save for the long term. We, do need. I am one of those children that As I read that, I was thinking, I come in fact, forced a national pool of sav- needs those programs.’’ from ranching country in southwestern ings so that each year we would raise ‘‘We need school lunches because we do not North Dakota. And occasionally you have lunch at home. I do not like you for more money in Social Security than we taking this away.’’ refer to people as ‘‘all hat and no cat- spent. This year we will raise $69 bil- tle.’’ I thought about that when I fin- lion more than we spend. That surplus I could go on and on but will not as ished reading his column this morning. time will not allow it. in the Social Security System is not an It was hard for me to understand how, accident. Mr. Krauthammer, in his last I will, however, submit these for the with facts so evident, he can reach a column, said this is a pay-as-you-go record so that others can read them. I conclusion so flawed. wanted to make the point that these The Presiding Officer, the Senator system. But that is not true. This is are caring, responsible, hard-working from Wyoming, also comes from ranch- not an accident. This is a deliberate individuals who have benefited tremen- ing country, and I brought along a strategy to force a national pool of sav- dously from these programs. piece of cowboy poetry that I thought ings in the Social Security trust funds These are children who know the might describe the difference in per- to meet the time when the baby only full meal they or many of their spectives, and the difference, some- boomers retire after the turn of the friends get is at school. It has been the times, is simply that some do not have century. safety net they need. These letters the capability of understanding the Since the surplus began to accumu- make that point so much better than I clear perspective. It is sort of described late it has been used as an offset to can. as the difference between tongue and show a lower Federal deficit. I do not In closing, I want to say that I do not egg in this poem. think there is much dispute about A cowboy poet, whose name I do not argue that our welfare system is in that. And it is also true, and demon- have, wrote a piece and I thought need of some change. What I do not strably true that, since 1983 when I of- like is the assumption that every per- about this piece as it might apply to the disconnect of logic in Mr. fered the first amendment on the Ways son utilizing these programs is out to and Means Committee, and time after take the Government and the tax- Krauthammer’s column. Let me read time after time on the floor of the payers. the piece to you, the poem called ‘‘The House and on the floor of the Senate, I Like so many other issues, the House Disputed Epicure.’’ It is about a cow- have raised the question, offered the has gone too far on child nutrition. boy who is queried by a high-born lady. amendments, and objected to the Welfare reform merits in-depth, seri- ‘‘What’s your favorite cut of beef?’’ looting the Social Security trust fund ous consideration and I am anxious to The high-born lady queried. begin that process. I think a little com- Of an old cowboy who long ago or using those moneys to offset against Had grown, both wise and wearied, mon sense will go a long way on this a lower budget deficit because I think Of direct infernal questions it is dishonest budgeting. issue. On the ways of cowpoke lore. However, in the case of child nutri- So he considered on this question Then we had a constitutional amend- tion programs, I am appalled that such That he’d not been asked before. ment brought to the floor of the Senate little time or consideration was taken With rapt anticipation, and the constitutional amendment was before this bill was reported out of On his pause, the lady hung. written very precisely. It prescribed committee. We cannot afford to follow Until, at last the cowboy said, that by the year 2002, the U.S. budget the House lead and expect responsible, ‘‘I’d have to say it’s tongue. shall be in balance and it shall be in effective legislation to result. Tongue’s got flavor, ‘n texture, balance when you use all expenditures This legislation affects a group of And nary a bit of bond. A cinch to cook. I’d put her up and all receipts counting towards that Americans who are completely unable On top there, all alone.’’ balance. Under that constitutional to come to Congress and speak out. I Recoiling, the lady said aghast, amendment to balance the budget it strongly urge my colleagues to oppose ‘‘Surely air, you jest.’’ would enshrine forever the practice, the wholesale slashing of child nutri- The idea is disgusting. that I have objected to in recent years, tion when the issue comes to the Sen- Your grossness I protest. of looting the Social Security trust ate. Eat something from out a cow’s mouth? funds to balance the budget. In fact, I yield the floor. Your suggestion’s crude, I beg.’’ the way the constitutional amendment The cowboy then said softly, f to balance the budget was written, it ‘‘Don’t s’pose you’ve ate no egg.’’ was clear that is the case. Senator THE BALANCED BUDGET Sometimes cowboy poets are able to REID offered an amendment to provide AMENDMENT DEBATE say simply and clearly what we in poli- that would not happen. That amend- Mr. DORGAN. Mr. President, there tics fumble around to try to express. I guess this difference between us and ment was defeated. So it was clear that was a column in the Washington Post is exactly what would happen and we this morning entitled, ‘‘More ‘Trust Charles Krauthammer is really kind of the tongue and egg difference here. Mr. were told, my colleague Senator Fund’ Whoppers’’ by a columnist Krauthammer, in his column today, CONRAD and I, that those who offer this named Charles Krauthammer. I felt it first is upset that I responded to his amendment had no intention of using necessary to come over and respond to first column on the balanced budget the Social Security trust funds to bal- this column. Mr. Krauthammer was amendment and the misuse of the So- ance the budget. upset about a response that Senator cial Security trust fund by saying on CONRAD and I had written to the Wash- But back in that room behind this the floor of the Senate that, based on Chamber we were told by the same peo- ington Post in response to his first col- his column, I thought he might qualify umn about us that was titled ‘‘Social ple, ‘‘Look fellows, let’s all be honest. as a candidate for O.J.’s defense team. We cannot balance the Federal budget Security ‘Trust Fund’ Whopper.’’ He seems almost unmoved by facts and without using the Federal trust funds.’’ His first column was so devoid of evidence. facts and reasonable conclusions that He was upset by that, and, maybe I Those are direct quotes. Then they we wrote a column back and said, in overreached. It may be I overreached gave us handwritten pieces of paper our part of the country we expect peo- because the column Mr. Krauthammer that said we will stop using the trust ple to tell the whole truth. We did not writes today demonstrates his talent is funds in the year 2012; and then the sec- like what he had done in his first col- not in law, his talent truly is in fic- ond piece of paper said we will stop umn in which he called our arguments tion. Let me go through, if I might, the using the trust funds—that they were with respect to the constitutional fiction that I see in Mr. saying we will not do any time—by the amendment to balance the budget and Krauthammer’s column, and perhaps year 2008; in other words, we will stop looting of the trust funds in Social Se- just briefly review the dispute. doing something we claim we are not curity to do so as ‘‘fraudulent.’’ Now he The dispute is that, briefly, in 1983 doing 13 years from now. What twisted is upset at the column we wrote back we had to solve some problems in the sense of logic that is.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4563 Senator CONRAD and I refused to Well, you know. Some of us believe, So I say, when Mr. Krauthammer budge. We said we will support the con- especially out in western ranching uses words like ‘‘cowardice,’’ and so on, stitutional amendment to balance the country, that things mean what they he might want to rethink who has ex- budget, but you must guarantee we are say they mean. If you write it, that is hibited courage in recent years, who not going to enshrine in the Constitu- what you mean. If you say it, that is has decided that they are willing to do tion the use of the Social Security what you mean. what is unpopular if it is right, in order trust funds to get there. They refused Mr. Krauthammer says no, that is to help their country. to do that. We refused to budge. pure invention. Apparently a Wash- Well, we will, of course, send another I happen to think that the Social Se- ington thought, not one that I sub- response to try to correct some of the curity System is important in this scribe to. The constitutional amend- whoppers in Mr. Krauthammer’s col- country. I happen to think the prin- ment means what the words in the umn. Again, I keep thinking that Mr. ciples that I was involved with in 1983 amendment say it means, and until Mr. Krauthammer must believe that dou- when I helped write the Social Security Krauthammer wrote this column, I did ble-entry bookkeeping means you can not think there was any serious dispute Reform Act were important. I just re- use the same money twice. Of course, about that. fused to change the Constitution in a the first accounting course you take Mr. Krauthammer says, third, until way that would have guaranteed in the tells you that is not what double entry next 13 years what I consider the mis- 1969, it was not our practice to use sur- pluses in calculating the deficit. Only means. You cannot use the same use of $1.3 trillion of Social Security money twice. There are some book- trust funds. since 1983 have we begun developing a consistent, deliberate strategy of very keepers in America that have done So the Krauthammer column was that. They are now doing 4 years of calling our argument fraudulent. We large surpluses to save for the future. So what counts is after 1983, Mr. hard tennis in minimum security pris- responded and said Mr. Krauthammer ons. You cannot use the same money was clearly misinformed. He was offer- Krauthammer would probably know. In any event, he misses the point on twice. You cannot do it in businesses, ing a misinformed defense of an inde- and you cannot do it in the Federal fensible practice, some neat trick for a the 1983 amendment. He apparently just missed the whole body of law in budget. pundit. When I finished reading his column Now, there is a new column from Mr. which we decided that we would en- this morning, it reminded me of some- Krauthammer. And I would like to go force a national pool of savings. Mr. thing Clement Freud’s grandson said. through just a couple of points in this Krauthammer said, you know, the So- Clement Freud’s grandson said this: new column. Mr. Krauthammer, if I cial Security system is a pay-as-you-go ‘‘When you hit someone over the head can review this column, says a number system, and the reason we have all this with a book and get a hollow sound, it of things. First, he says that he had money is because we have these baby does not mean the book was empty.’’ checked with our offices because he boomers working. False! Wrong! As with a lot of the rest of his column. He says he wonders about the sincerity of Mr. President, I yield the floor. knows it. We told him he was wrong, of our charge about looting the Social Se- Mr. CONRAD addressed the Chair. course. He did not point out in his col- curity trust funds. He says if we were The PRESIDING OFFICER (Mr. umn that, yes, he had made an error. sincere about that, could we provide COATS). The Senator from North Da- Had he read the 1983 amendments, he evidence that we had complained about kota. would have known it is not a pay-as- that before? Well, yes. He did call our Mr. CONRAD. Mr. President, I want you-go system. It is a system designed office. My first thought was to respond to thank my colleague from North Da- now with a tax base to create a delib- by telling his assistant: ‘‘Do your own kota. erate national pool of savings with research. You make lots of money.’’ which to meet our future obligations. The PRESIDING OFFICER. Who But then I thought better of that. Mr. Krauthammer says the amend- yields time? So we sent many examples of what I ment that CONRAD and DORGAN killed Mr. MOYNIHAN. Mr. President, I ask said on the floor of the Senate and on would have required a balanced budget my friend from North Dakota how the floor of the House—yes, during by law—it would not be by law, of much time he would like? President Clinton’s Presidency and course. It would have to be by Con- Mr. CONRAD. Ten minutes. during previous Presidencies—saying stitution, unlike other such laws that Mr. MOYNIHAN. Mr. President, I am this practice is wrong; this practice is could not be changed by a movement of happy to yield 10 minutes off the bill to dishonest budgeting. So he had the ex- truth, by a cowardly Congress. ‘‘It the Senator from North Dakota. amples. He apparently chose to ignore would have forced people like CONRAD them or misrepresent them by saying The PRESIDING OFFICER. The Sen- and DORGAN to stop scaring the elec- ator from North Dakota. we had not been sincere because we had torate and buckle down to the real def- not complained about that before. Mr. CONRAD. Mr. President, I thank icit reduction problem.’’ the Senator from New York for his Speaking for myself, he knows better I wonder what Mr. Krauthammer courtesy, and I thank my colleague than that, and he has an obligation to would write with respect to buckling from North Dakota for his discussion put that in his column. down in 1993? We buckled down. In 1993, of the latest Krauthammer column. Second, he says that Senators we passed the deficit reduction pack- CONRAD and DORGAN then accused him age through this Chamber that raised Let me just say that it is very appar- of seeking to enshrine a procedure in some taxes that were unpopular. I un- ent to me why Mr. Krauthammer is a the Constitution of counting Social Se- derstand that. It cut some spending columnist and not an accountant, be- curity in calculating the deficit in the that was unpopular. I understand that. cause he clearly does not get it. He just Constitution. He said this is pure in- It was an act to reduce the deficit of does not understand why it is wrong to vention. This balanced budget amend- over $500 billion, and the actual experi- take Social Security trust fund moneys ment is entirely silent on the issue. ‘‘It ence is over $600 billion in deficit re- to balance the Federal operating budg- is up to Congress to decide whether to duction in 5 years. et. He does not understand why it is count Social Security surpluses in cal- Do you know something? We did not wrong to take a dedicated trust fund culating the budget,’’ he says. Oh, real- even get one accidental vote from the and use it to pay the other operating ly? I am trying to figure out what Mr. other side of the aisle, Mr. expenses of Government. But most peo- Krauthammer is reading. Has he read Krauthammer’s friends. You would ex- ple understand why that is wrong. Most the proposal before the Congress, the pect somebody to vote wrong by acci- people understand that you do not take proposal that says in the Constitution, dent now and then. It took every single a trust fund and loot it in order to pay ‘‘all revenues and all expenditures’’ vote we could muster to win on that other expenses and then say you have would be counted? Is there some new issue because it was unpopular, and we balanced the budget. law school that you can apply to on the knew it. We had the courage to do what Mr. Krauthammer, in his latest back of a matchbook that teaches a was necessary to reduce the deficit. We work, indicates that the balanced different kind of law, one that allows did not get one single vote from Mr. budget amendment is ‘‘entirely silent you to misread these proposals? Krauthammer’s friends. on the issue.’’ The issue he is talking

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4564 CONGRESSIONAL RECORD — SENATE March 24, 1995 about is taking trust funds and using were making up the difference by after all, a method of operating for this them for the other operating expenses looting the trust fund of your employ- Government that has made us the envy of Government. It makes me wonder if ees, you would balance the budget. But of the world. That document has made Mr. Krauthammer has ever read the that is the policy that he endorses. this Nation the greatest country in amendment that was before this body. That is the policy Mr. Krauthammer human history. We should not tamper I brought along just one section of thinks makes sense. I think most peo- with it lightly. We certainly should not the balanced budget amendment that ple would recognize you may have bal- enshrine in it a flawed policy, one that was before this Chamber. It says very anced cash against cash, but you have says you have balanced the budget clearly. ‘‘Total receipts shall include run up a $500,000 liability. You owe it, when you have looted trust funds in all receipts of the United States Gov- and you are going to have to pay it order to do so. That is not a policy that ernment * * * total outlays shall in- back or you are going to renege on belongs in the Constitution of the clude all outlays of the United States your obligation. United States. Government.’’ Mr. President, that is what is wrong I thank the Chair. I yield the floor. By definition, this amendment was with the approach we are taking. That f including the Social Security funds be- is what is wrong with what we would cause they are receipts of the U.S. Gov- have done if we would have put that COMMEMORATING GREEK ernment. And, of course, Social Secu- principle into the Constitution of the INDEPENDENCE DAY rity is not contributing to the deficit. United States. Mr. BRADLEY. Mr. President, I rise Social Security is in surplus. Mr. Krauthammer apparently be- today to commemorate Greek Inde- So, by definition, Social Security longs to the school of thought which pendence Day—a national day of cele- surplus moneys would have been used, believes that in order to save Social bration of Greek and American democ- and used to balance the operating Security we must loot the Social Secu- racy. Tomorrow, on March 25, 1995, all budget of the Federal Government. And rity trust funds. I do not belong to that people of Greek descent will celebrate those surpluses would have been used school of thought. I think that is a pro- the 174th anniversary of the beginning to pay other expenses. That is precisely found mistake. of the revolution which freed the Greek the point. Mr. Krauthammer has one thing people from the Ottoman Empire. Mr. President, to say you are bal- right. One of the threats to Social Se- A historic bond exists between ancing the budget when you are using curity is the debt that we are accumu- Greece and America, forged by our trust fund moneys is a fraud. It re- lating in this country. When we spend shared democratic heritage. America is minds me of the Reverend Jim Bakker. more than we take in, we are mort- truly indebted to the ancient Greeks Do you remember Rev. Jim Bakker, gaging the long-term future of this for giving the world the first example Jim and Tammy, that used to have the country—no question about it. That is of direct democracy. As the solid stone show ‘‘PTL’’ on television? He was an a threat to Social Security just as it is of this neoclassically designed building evangelist, a television evangelist. a threat to the economic security of provides a protected place for our own Does anyone know where he has been the United States. democratic government to flourish, the for the last several years? He has been There is a second threat. The second philosophical and democratic influ- in a Federal facility in Minnesota. He threat to Social Security is the raiding ences of the ancient Greeks provides has been in a Federal jail. He has been of the Social Security trust funds. The the inspiration. It is therefore fitting there because he raised money for one reason we are running a surplus now, that Members of this Chamber join in purpose and used it for another, and and the reason we are going to be run- paying tribute to the long struggle for that is called fraud. ning surpluses for the next 10 or 15 freedom that Greece endured. That is precisely what is happening years is to prepare for the day the baby On March 25, 1821, when Germanos, with the Social Security trust funds. boom generation retires. That genera- the archbishop of Patros, proclaimed We are taking money from people’s tion, which is twice as large in terms of Greek independence, another link be- paychecks. We are telling them that is people who are eligible to receive So- tween Greece and the United States going to be used to secure their retire- cial Security as the current genera- was forged. The American revolution ment. We are taking that money and tion, is going to put enormous pressure served as a model for the Greek strug- the part that is in surplus is being used on the system. When we changed the gle for freedom and when the Declara- to pay for other operating expenses of Social Security methodology in 1983, tion of Independence, translated into Government. The trust fund? There is we changed it in order to prepare for Greek, served as the declaration of the no money in the trust fund. IOU’s are the day when the baby boom genera- end of the Greek struggle, a circle was in the trust fund, but there is no tion retires. That is why we are run- completed. money there because we have spent it. ning surpluses. That is why those sur- The interconnection between Greek We are as guilty of fraud as Rev. Jim pluses ought to be preserved. and American democracies lies not Bakker. And at some point the chick- The notion that the only way to save only in the philosophical ens are going to come home to roost in Social Security is to loot its trust underpinnings of our Government, but this country. To have put that kind of funds is mere nonsense. That is the po- in many areas of American life. Percy flawed policy in the Constitution of the sition Mr. Krauthammer endorses. I Bysshe Shelley once said, ‘‘We are all United States would have been a pro- think he is entirely wrong in that prop- Greeks! Our laws, our literature, our found mistake because then we would osition. I think the people of this coun- religion, our art, have their roots in have had very little chance to change try have the common sense to reject Greece.’’ The tremendous influence it. that theory. I think by all of the reac- that Greece has had on American life Let me give an example of what is tion we have received from the bal- continues today through the activities wrong with the Krauthammer think- anced budget amendment debate the of the vibrant Greek community in ing. Let us take a company that is people of this country recognize we are America. In every field—politics, en- earning $1 million a year, has $1 mil- on a course that cannot be sustained. It tertainment, business, and education— lion of income but is spending $1.5 mil- ought to be changed. Mr. Krauthammer Greek-Americans continue to con- lion a year. That company is experi- might want to be a guardian at the tribute to American life. encing losses of $500,000. gate of the gridlock of the past, the In particular, I wish to pay a tribute Now, of course, it could borrow from policies of the past. Senator DORGAN to the Greek-American community in the retirement funds of its employees and I do not choose to join him in that New Jersey. Groups that are leaders in and say that it is balancing the budget. endeavor. We do not think defending the New Jersey Greek community in- That is the kind of approach that ap- the policies of the past is defensible. clude: the Greek American Chamber of parently Mr. Krauthammer would en- There ought to be a change. To have Commerce of New Jersey, the Greek dorse. I do not think many people in enshrined those failed policies in the American Voters League of New Jer- this country would think, if you were Constitution of the United States sey, the Hellenic American Bar Asso- earning $1 million a year as a company would have been an insult to the Fram- ciation of New Jersey, the Pan Grego- and were spending $1.5 million, and you ers of that document who put together, rian Enterprises & Foundation,

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4565 P.G.E.I. of America Charitables Foun- [The] I Have a Future [program] turns with the administration’s assessment dation, Inc., the Council Generals of young people’s lives around . . . [it is] the of where the economy is and what Greek Cypriot, the Order of AHEPA kind of program that the country needs. needs to be done both to sustain eco- and the Joint Public Policy Committee Dr. Foster has pledged to focus on nomic recovery and to adjust in certain of Hellenic American Women. On be- teen pregnancy prevention as Surgeon areas. half of these organizations, the Greek General. That cause certainly should There is a section in the President’s community in New Jersey and all be a national priority, and Dr. Foster economic report described as farm pol- Americans of Greek descent, I am hon- would bring great experience and credi- icy reform. I would like to comment ored to pay tribute, on behalf of the bility to it. upon that here this afternoon in the Nation, to the Greek community on Little attention has been paid to the time that I am allowed. the anniversary of their independence stories of Dr. Foster’s commitment and day. heroism. Like the time he saved the Mr. President, one of the first state- Mr. DASCHLE. Mr. President, I will life of the mayor’s son when his wife ments that this document says is: use some of my leadership time to developed complications with her preg- Efficiency requires that farmers be given speak as if in morning business. nancy. greater opportunity to respond to marketing The PRESIDING OFFICER. Without Or the time a pregnant patient of Dr. incentives, and the cost-effective public poli- objection, it is so ordered. Foster’s called him up in the middle of cies used to correct market failures in agri- f the night because she was bleeding, and culture. Revising agriculture to meet better Dr. Foster met her at the hospital in these objectives will help unleash more of NOMINATION OF DR. FOSTER TO the innovative energy that has long charac- BE SURGEON GENERAL his bedroom slippers. terized American agriculture. Or the time Dr. Foster talked a Mr. DASCHLE. Mr. President, I want young, pregnant and unmarried woman Mr. President, there is very little to take this opportunity to state my out of having an abortion. Her child barrier between the farmer and the concern about the direction and tenor later went on to become high school marketplace today, notwithstanding a of the debate on the nomination of Dr. valedictorian. lot of the political rhetoric that seems Henry Foster to be Surgeon General. These are the elements that are miss- to imply that somehow agriculture is I spoke on the floor a month ago ing in the debate over the Surgeon heavily subsidized. If agriculture was about this nomination. At that time, I General nomination. These are the rea- heavily subsidized, Mr. President, one expressed hope that this debate could would expect an economic analysis to be restored to its proper perspective— sons Dr. Foster deserves every consid- reveal very low rates of productivity. an honest assessment of whether Dr. eration for this post. That is typically what one sees. Henry Foster’s skills fit the Nation’s It is my sincere hope that Dr. Foster needs for the position of Surgeon Gen- will receive a fair hearing. It is unfair If I subsidize somebody a great deal— eral. to judge a candidate before having we hear this in the welfare debate— So far, Mr. President, that has not heard all the facts. I hope that those subsidize somebody a great deal, it is occurred. who have reservations about the nomi- apt to encourage not increased produc- First of all, there has not been much nation will keep an open mind until tivity, it encourages just the opposite. committee hearings are held. substantive discussion about this nom- If agriculture was heavily subsidized, I also hope that these hearings will ination. At a time when many of the one would expect to see very low rates be held sooner rather than later. The public health problems historically ad- of productivity and would expect to see Nation needs a Surgeon General. dressed by the Surgeon General are economic analysis, particularly anal- Every day approximately 2,781 teen- reaching crisis proportions, it seems ysis that showed how the agriculture agers become pregnant. that there should be more discussion sector compared to other sectors of the about the contributions Dr. Foster can Mr. President, this many teenagers become pregnant while we wait to con- U.S. economy and our international make in this capacity and the urgency competitors, it would show that we are of approving his nomination. firm a Surgeon General who plans to make teen pregnancy prevention the relatively unproductive. Just the oppo- Unfortunately, what little debate site, Mr. President. there has been has not centered on Dr. centerpiece of his tenure in that post. Foster’s qualifications, skills, and con- We should not delay action on this Compared to our OECD competitors, tributions to society. Instead, it has re- nomination. I urge the Chair of the agriculture is more productive than volved around Dr. Foster’s performance Labor Committee to schedule hearings computers, more productive than auto- of a legal medical procedure, and how on this issue as soon as possible and do mobiles, more productive than steel, many times he has performed it. everything within her power to ensure more productive than pharmaceuticals, Little attention has been paid to the that Dr. Foster is given a full and fair more productive than chemicals, more thousands of lives Dr. Foster has hearing. productive than all other sectors of our brought into the world over his 35-year Mr. President, I yield the floor. I economy. career, or the hundreds of lives he has note the absence of a quorum. This report, Mr. President, implies saved. The PRESIDING OFFICER. The that the Government of the United Little attention has been paid to the clerk will call the roll. States of America somehow is standing evidence that supports President Clin- The legislative clerk proceeded to in between farmers out there who ton’s evaluation that Dr. Henry Foster call the roll. would like to be competitive and the has much to contribute as Surgeon Mr. KERREY. Mr. President, I ask market, and it just is not true. unanimous consent that the order for General of the United States. The report, in my judgment, distorts Do not be fooled into believing the the quorum call be rescinded. what is actually in plain view out there evidence is lacking. Nothing can be The PRESIDING OFFICER. Without in the countryside. The report says further from the truth. objection, it is so ordered. that ‘‘The farm sector no longer looms Before being nominated to the post of Mr. KERREY. Mr. President, is there large in the macroeconomy.’’ Surgeon General, Dr. Foster was per- a time limit for morning business? haps best known for his efforts in es- The PRESIDING OFFICER. It has Now, that is based on a GAO analysis tablishing the I Have A Future Pro- been 10 minutes per Senator. that showed that only 2 percent of the gram. This teen pregnancy prevention f U.S. population is now in agriculture program, which stresses abstinence and production. But 18 percent of all the attempts to help teens understand the FARM POLICY REFORM jobs, according to this report, are ei- positive reasons for delaying preg- Mr. KERREY. Mr. President, every ther directly or indirectly related to nancy, was selected by President Bush year the President of the United States agriculture production. So if farmers as one of his Thousand Points of Light. is required by law to send an economic are not making money, if the profit Listen to the words of Dr. Louis Sul- report not just to the Congress but to shifts someplace else, Mr. President, livan, President Bush’s Health and the people of the country. It is a very, these businesses are going to have a Human Services Secretary. very important report. It provides us tough time making ends meet and,

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4566 CONGRESSIONAL RECORD — SENATE March 24, 1995 thus, production in agriculture is still simple observation, but as long as we and look at what Secretary Espy said. vital not just in the micro-sense but in manufacture food out of doors we are He said: the macro-sense of the entire U.S. always going to be dependent upon God I’m afraid if I set a 10-percent ARP that economy. to give us good weather. If we do not my food prices are going to be higher, and if Now, let me provide what I would have good weather, if we have drought, food prices get higher, inflation comes back have hoped this kind of report would we do not produce food. It is as simple in the economy, high interest rates could have provided. Instead of beginning as that, Mr. President. come back in the economy and this entire re- with, I think, an incorrect identifica- You think, well, that is not a big covery could get shut down. tion of what is going on in agriculture, deal. That was the economic analysis done let me provide those in America who Well, in 1987, I remember just after I by the administration. You say, ‘‘Well, are wondering what this farm program left the office of Governor and went OK, so he did that, what is the im- is all about with some basic facts. back into business, in 1987, swirling in pact?’’ It is a big impact. Farmers were First, there are only 500,000 full-time the country was this big debate: What asking for a 10-percent acreage reduc- farmers left in this country. This re- are we going to do with these enormous tion program. They got a 0-percent port has a statement in here, a com- reserves that built up after the 1985 acreage reduction program, and here is monly applied statement, that agri- farm program was enacted? It is too the effect: culture production is increasingly con- costly—$125 billion a year, I believe it In 1993, the corn payments under CCC centrated. Well, you would think—in- was. What are we going to do with in the State of Nebraska were $600 mil- creasingly concentrated —does that these large reserves? lion. In 1994, they dropped to $160 mil- mean that it is like automobiles, where We had a drought in 1987. Then in lion. This year they are probably in the we have three? Is that like pharma- 1988, we had another drought. I was $700 million range again. You say, ‘‘My ceuticals, where we have 9 or 10? Is campaigning at the time for the U.S. gosh, why are they going back and that like computers, where we have Senate. I almost remember the day forth? Why is it 600, 160, 700?’’ The an- half a dozen? Is that what we are talk- when the American people stopped swer is, the price is impacted by the de- ing about? No. talking about these excess reserves and cision that the Secretary makes to set There are 500,000 fully competitive, they started to say to themselves, ‘‘Oh, the reserve. When the Secretary set the relatively small businesses—even a big my gosh. Maybe we do not have enough reserve at 0 percent, farmers wanted 10 farm is relatively small, Mr. President. inventory.’’ Suddenly, the reserves be- percent. When he set the reserve at 10 A farm that an economist might de- came an inventory. percent, we produced a bumper crop in scribe as a large farm might not have Now, I say that to Americans who are 1994, along with tremendous weather as much revenue as an average McDon- saying, ‘‘Is this worth it?″ that we had in 1994, we have lower ald’s restaurant, for gosh sakes. So We have an $8 billion program, the prices and higher deficiencies in 1995. these are very competitive businesses. Commodity Credit Corporation pro- So the higher budget exposure in Indeed, if you ask a Nebraska farmer, gram. There are $450 billion worth of 1995, which would probably be $700 mil- ‘‘Honestly, what is your idea of an en- food purchases in the United States. So lion in my State, is not something I lightened policy?’’, they will say, ‘‘We you really pay $458 billion, $8 billion asked for. I asked for a 10 percent re- pray for bad weather in Iowa.’’ Well, through farm price deficiency pay- serve which probably would have cost you know, we do not honestly do that. ments and $450 billion at the super- the taxpayers $160 million again. But But the truth is, it is very competi- market. USDA says, ‘‘No, we’re going to go tive. We are competing out there not The reason that this reserve issue is with the 0-percent reserve.’’ The cost just with each other, but we are com- important, I say to consumers, is be- to the taxpayers ends up being four peting throughout the world. We would cause—I will tell you, as somebody who times greater, and guess who gets not be this productive were we not represents about 55,000 of those full- blamed? The farmer. The farmers in faced with the blessing of having this time farmers in the State of Nebraska, Nebraska are accused of wanting more large number, still relatively large if we cut this program back too much welfare. The farmers in Nebraska are number, of full-time, highly competi- and listen to the rhetoric, both Repub- accused of wanting more money from tive small businesses, family-operated lican and Democrat, around here, it the Government. Mr. President, Amer- businesses, mostly, that are manufac- leads me to believe that may happen. ican taxpayers should understand that turing food products. You may find this Senator on the floor the farmers were asking for a higher Now, one of the common things that saying to the American consumer, no reserve which would have resulted in I very often hear, not just in Wash- longer are we going to maintain a re- lower payments by the Federal Govern- ington, but I hear in Grand Island or serve, because that reserve serves the ment. Hastings and other communities in Ne- American consumer, Mr. President. It Now it may be, I must say, that this braska, they will say, ‘‘Well, why do we does not serve the producer. kind of language, and others that I have to have any kind of a Government In spite of what this report says, that have heard, will result this year in de- program?’’ reserve is there because the American ficiency payments being cut back. Per- Well, there are a couple of reasons consumer is concerned about what hap- haps the permission granted to this that we do this. This report here, by pens if we find ourselves short of food. program is going to be pulled out if we the way, traces it all the way back to You say, ‘‘Well, that’s an exaggera- change it radically. Mr. President, if the 1920’s and 1930’s. It says in this re- tion.’’ It is not. we change it radically, consumers need port, ‘‘Today’s agriculture commodity In 1993—and again, this report would to understand that this representative support programs are rooted in land- lead you to believe that farm policy for American farmers is going to come mark New Deal legislation that fol- does not have any impact at all on to the floor and say we ought to get lowed the agricultural depression of macroeconomic policies—in 1993, the out of the reserve business altogether. the 1920’s and 1930’s.’’ Again, feeding a Secretary of Agriculture, at that time No more reserve for the American con- misperception that this is a 60-year old Secretary Espy, was having to make a sumer, no more holding food back on program, started by Franklin Roo- decision: What should our reserve pro- behalf of the American consumer, and sevelt, no longer needed; modern times gram be? Should we set a 5-percent re- we will just let the market set the no longer needs this sort of thing. serve, a 10-percent reserve, a 0-percent prices. There will be times, as a con- Well, Mr. President, one thing today reserve? What should our reserve be? sequence of that, when the price ends is true that was true in 1930. And The farmers in Nebraska, the farmers up being much higher. Americans who wonder why we have a in Iowa, but particularly in Nebraska This is not the only area where in- program need to take this into consid- where we are polled a lot, said, ‘‘Set it creasingly we come down and hear this eration. Unlike other manufacturing at 10 percent acreage reduction pro- mantra: Well, 60 years of failure, 40 businesses that I have referenced— gram.’’ years of failure. You hear it a lot about automobiles, textiles, computers—we Secretary Espy said out loud and in welfare today. You hear it a lot about manufacture food out of doors. You public, ‘‘I am going to set a 0-percent other programs. I heard the chairman might think that is kind of a silly and acreage reduction program.’’ Go back of I guess it is called the Health and

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4567 Economic Opportunity Committee. NEVADA PARTNERS I want to take a minute here to talk They renamed it over on the House Mr. REID. Mr. President, we come to about the reason this program came side. The committee chairman, Rep- this floor often, and most of the things into being. It was as a result of the resentative GOODLING, stood on the we talk about are in a negative sense, generosity of one man by the name of floor of the House of Representatives whether it is the farm program, taxes, Kirk Kerkorian. He is a man who came the other evening—I watched on C– delinquency, schools, students, teach- from, to say the least, humble begin- SPAN—and he said, ‘‘Just name me ers, health care, floods, earthquakes, nings, a person who has made it on his one thing this Federal Government of deficits, lost species, endangered spe- own, and who is now, it is no secret, ours does well. Just name me one.’’ cies, all types of crimes—murders, one of the richest men in America. I wish that he was a Senator in some rapes, robberies, battering of women— Kirk Kerkorian has been a very suc- way so in unlimited debate we had an unemployment. cessful businessman all over the United opportunity to challenge that. I would Mr. President, I am here today to States, but especially in Nevada. It was have said, ‘‘Senator Goodling, how talk about something on a positive as a result of his generous contribution about you, are you one good thing? Are note, something that has taken place of a million dollars that this program you efficient and effective? Because, if in the State of Nevada that is now to was able to get started. The program you are not, get out of here, resign and the point where we can talk about it as received its funding from an organiza- let somebody else take your job. If the being effective and having worked. tion that he established called the answer is yes, then at least we found We all know that work is the corner- LINCY Foundation. Nevada Partners one.’’ stone upon which we can do something now is wholly funded by the private Then I would pursue it. about welfare reform. I have long been sector. It receives no Government fund- a supporter of a welfare-to-work pro- ing, not a single penny. How about your staff, buddy? They gram. I, with a couple of my colleagues Since its inception, Nevada Partners work about 16 hours a day. Are they ef- in this body, sponsored legislation that has placed more than 2,200 applicants ficient and effective? Are the taxpayers would have modern-day American wel- into the work force. This is not a sta- getting their money’s worth out of fare programs handled like they were tistic used to make a report to some your staff? How about those folks over handled during and after the Depres- Government agency just to look good. at NIH trying to find a cure for AIDS sion, programs like the Civilian Con- These are 2,200 people who are actually or cancer? Are you getting your mon- servation Corps, the Works Progress working now and who were not work- ey’s worth? How about those folks up Administration, where people who ing previously. As part of their job in the Endeavor a week ago exploring needed Government help would work in readiness training, participants with space? Are you getting your money’s exchange for that help. Nevada Partners must take a 2-week worth there? That legislation—five pilot pro- class focusing on personal success, pre- I must say, Mr. President, I think as grams—passed the House and the Sen- employment and post-employment we come and debate, particularly as we ate and was sent to the President. Be- issues such as stress management, hy- are trying to find ways to balance the cause this very important legislation giene, dressing for success, inter- Federal budget and trying to find ways was part of an overall tax bill that viewing techniques, re´sume´ writing, to restore America’s confidence in Gov- President Bush did not like, he vetoed filling out an application, and what to ernment, we ought to take care not to the legislation. I am sorry that our bill expect from an employer. throw out those things and, in fact, to was part of the tax bill because, on its Remember, Mr. President, many of work it and take care not to throw out face, I am sure he would not have ve- these people are people who have never those things that, in fact, are lifting a toed it. But those are the kinds of pro- worked and if, in fact, they have little bit of hope in the country. grams that we need to recognize have worked, it has been unsuccessful, or I find, as well, a tendency to blame worked in the past and will work again they would not be out of work now, the wrong people, blaming farmers for if we allow them to come into being. most of the time. In addition, Nevada the farm program, while farmers are As we continue to debate these wel- Partners, in collaboration with the arguing for something that would cost fare-to-work proposals, Mr. President, I Training Station, which is a private taxpayers less; blaming the poor, for think it is important that we, as an ex- sector computer training school, offers gosh sakes, for their own behavior. We ample, look to the private sector, pro- a 3-week computer fundamentals know that the nonpoor behavior is hav- grams there that we know are already course designed to equip the trainee ing some difficulty as well. successful, and are placing people into with the skills necessary to obtain po- Mr. President, I came to the floor be- the work force. A program in Nevada sitions requiring some computer lit- cause I did not like the language in the like that is called Nevada Partners. eracy. President’s economic report to the Na- Nevada Partners came into being What is unique about Nevada Part- tion. I hope, though I am not overly op- after the Rodney King riots that took ners is that this program not only as- timistic given what I have seen thus place in southern California and in Las sists those on public assistance, but— far, I hope that we are, in 1995, able to Vegas, NV. We had significant civil un- and this is important—it helps many write not just a farm program but a rest in Las Vegas, and the community avoid the welfare rolls. It has been suc- health program, a children’s program, joined together to find out what could cessful in that we have taken people an education program, a welfare pro- be done so that this would not take who are on welfare and put them into gram that takes into account what is place in the future. This effort was led the work force. But it has also taken going on in the countryside. by Gov. Robert Miller, who was then people who are on the verge of going on Governor and is still Governor of the I yield the floor. welfare and put them to work. State of Nevada. This was in 1992. He This program deals especially with Mr. REID addressed the Chair. was the guiding light, along with the young people. It recognizes the impor- The PRESIDING OFFICER. The Sen- mayor of Las Vegas, Jan Laverty tance of reaching out to our young peo- ator from Nevada. Jones, a number of State legislators, ple to break the cycle of dependency. Mr. REID. Mr. President, before my and others, to set up a program that That is why, Mr. President, we must be friend from Nebraska leaves the Senate has worked very well. concerned about the summer jobs pro- floor, I would like to respond through Nevada Partners works with busi- grams that have taken such a hit in the Chair to my friend the Congress- ness, industry, and government, to pro- the other body. I was happy to see in man from the State of Pennsylvania vide job readiness, training, and place- the original markups over here that that I do believe without any question ment to the at-risk and disadvantaged the committees of jurisdiction within that we do have in this body a person and unemployed in southern Nevada. the Appropriations Committee have who is efficient and effective, and I be- Too often, we have people who we not treated them accordingly. I think lieve the State of Nebraska is certainly train, but they are trained for jobs that that is good. getting its money’s worth from the do not exist or jobs that they cannot We must reach out to youth. Mr. junior Senator from the State of Ne- find. Well, this program includes all President, the Youth Employment for braska. them all. the Summer Program that is part of

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4568 CONGRESSIONAL RECORD — SENATE March 24, 1995 this Nevada Partners Program targets Mr. President, I believe that people following Convention and two accompanying youths ages 16 to 21. This program, want to lead productive lives, not col- Protocols, concluded at Geneva on October which is known as the YES Program, is lect handouts. I think it is programs 10, 1980 (contained in Treaty Document 103– a summer jobs program offering a se- like this that we, the Government, can 25), subject to the conditions of subsections (b) and (c): ries of workshops designed to help ap- use as a model to develop successful (1) The Convention on Prohibitions or Re- plicants to gain an understanding of welfare-to-work programs. I look for- strictions on the Use of Certain Conven- the tools and skills necessary to obtain ward to the debate that is coming soon tional Weapons Which May Be Deemed To Be employment. Working with local em- dealing with welfare and to talking Excessively Injurious or To Have Indiscrimi- ployers who have committed to pro- with my colleagues about the program nate Effects (in this resolution referred to as viding summer opportunities, Nevada that has worked in Nevada, a program the ‘‘Convention’’). Partners offers these young people crit- that we can use to help formulate what (2) The Protocol on Non-Detectable Frag- ments (in this resolution referred to as ‘‘Pro- ical exposure to professional environ- we need to do to reform welfare on the tocol I’’). ments, as well as the opportunity to Federal level. (3) The Protocol on Prohibitions or Re- become acquainted with community Mr. President, I look forward to strictions on the Use of Mines, Booby-Traps role models. working with my colleagues in the en- and Other Devices, together with its tech- Mr. President, I had the good fortune suing months to formulate welfare-to- nical annex (in this resolution referred to as many years ago, when I practiced law, work proposals that include and incor- ‘‘Protocol II’’). (b) The advice and consent of the Senate to be one of the attorneys in my law porate programs that are working— firm representing the interests of Kirk under subsection (a) is given subject to the programs like Nevada Partners. following conditions, which shall be included Kerkorian and his family. He has done Mr. DOLE. Mr. President, are we in in the instrument of ratification of the Con- a lot of things of which he is very morning business? vention: proud. He created thousands and thou- The PRESIDING OFFICER. We are in (1) RESERVATION.—Article 7(4)(b) of the sands of jobs in America. But there is morning business. Convention shall not apply with respect to nothing that he is any more proud of the United States. f than what has happened here with Ne- (2) DECLARATION.—The United States de- vada Partners. As a result of his in- EXECUTIVE SESSION clares, with reference to the scope of applica- tion defined in Article 1 of the Convention, vestment, we now have over 2,200 peo- CONVENTION ON PROHIBITIONS OR that the United States will apply the provi- ple working. And from the time these RESTRICTIONS ON THE USE OF sions of the Convention, Protocol I, and Pro- remarks were outlined for me, we have CERTAIN CONVENTIONAL WEAP- tocol II to all armed conflicts referred to in a lot more. The number is unknown. Articles 2 and 3 common to the Geneva Con- One of Nevada Partners’ most com- ONS ventions for the Protection of War Victims pelling programs—perhaps a model for Mr. DOLE. I ask unanimous consent of August 12, 1949. welfare reform—is the Women in Tran- that the Senate proceed to executive (3) UNDERSTANDING.—The United States sition Program. Women in Transition session to consider the following trea- understands that Article 6(1) of Protocol II ty: convention on prohibitions or re- does not prohibit the adaptation for use as provides 6 weeks of in-depth transition booby-traps of portable objects created for a training in addition to task-oriented strictions on the use of certain conven- purpose other than as a booby-trap if the ad- counseling provided by the University tional weapons (Treaty Cal. 1). aptation does not violate paragraph (1)(b) of of Nevada-Las Vegas masters of social I further ask unanimous consent that the Article. work interns. Focusing on empower- the treaty be considered as having (4) UNDERSTANDING.—The United States ment issues such as domestic violence, passed through its various parliamen- considers that the fourth paragraph of the evaluating and selecting child care, tary stages up to and including the preamble to the Convention, which refers to and women in the work force, this pilot presentation of the resolution of ratifi- the substance of provisions of Article 35(3) and Article 55(1) of Additional Protocol I to project is providing an alternative to cation: that the seven conditions rec- the Geneva Conventions for the Protection public assistance by successfully plac- ommended by the Committee on For- of War Victims of August 12, 1949, applies ing women in the work force. eign Relations be considered as having only to States which have accepted those The key ingredient to the success of been offered and agreed to, en bloc, and provisions. Nevada Partners is the commitment that the motion to reconsider be laid (c) The advice and consent of the Senate and participation of the private sector. upon the table; that no other amend- under subsection (a) is given subject to the Private sector involvement allows Ne- ments, conditions, declarations, pro- following conditions, which are not required vada Partners and its participants to visos, reservations or understandings to be included in the instrument of ratifica- tion of the Convention: respond more quickly to changes in the be in order; that any statements be in- (1) DECLARATION.—Any amendment to the business climate than many Govern- serted in the CONGRESSIONAL RECORD as Convention, Protocol I, or Protocol II (in- ment programs allow. Moreover, the if read; that when the resolution of cluding any amendment establishing a com- private sector can easily and readily ratification is agreed to, the motion to mission to implement or verify compliance assist in identifying real job opportuni- reconsider be laid upon the table; that with the Convention, Protocol I, or Protocol ties and has a vested interest in ensur- the President be notified of the Sen- II), any adherence by the United States to ing new employees become trained ate’s action and that the following dis- Protocol III to the Convention, or the adop- team members as quickly as possible. tion of any additional protocol to the Con- position of the treaty, the Senate re- vention, will enter into force with respect to Here is one of the good things that turn to legislation session. the United States only pursuant to the trea- comes from programs like this. More The PRESIDING OFFICER. Without ty-making power of the President, by and than 80 businesses, including hotels, objection, it is so ordered. with the advice and consent of the Senate, as casinos, banks, and utilities are con- Mr. DOLE. Mr. President, I ask for set forth in Article II, Section 2, Clause 2 of sistently providing employment oppor- consideration of the resolution of rati- the Constitution of the United States. tunities for Nevada Partners’ appli- fication by a division vote. (2) DECLARATION.—The Senate notes the cants. The PRESIDING OFFICER. A divi- statements by the President and the Sec- Programs such as Nevada Partners retary of State in the letters accompanying sion is requested. Senators in favor of transmittal of the Convention to the Senate provide an invaluable service to south- the resolution of ratification will that there are concerns about the accept- ern Nevada and all of its communities. please stand and be counted. [After a ability of Protocol III to the Convention Providing individuals with work great- pause.] from a military point of view that require ly enhances their self-esteem, their Those opposed to ratification please further examination and that Protocol III sense of responsibility and citizenship. rise and stand to be counted. should be given further study by the United Employment is a key factor, as we On a division, two-thirds of the Sen- States Government on an interagency basis. know, in reducing drug use, crime, teen ators present and voting having voted Accordingly, the Senate urges the President pregnancy, and other social ills that af- to complete the process of review with re- in the affirmative, the resolution of spect to Protocol III and to report the re- fect all of America. This program saves ratification is agreed to as follows: sults to the Senate on the date of submission untold amounts of money in our crimi- Resolved (two-thirds of the Senators present to the Senate of any amendments which may nal justice system, our welfare system, concurring therein), That (a) the Senate ad- be concluded at the 1995 international con- and our educational system. vise and consent to the ratification of the ference for review of the Convention.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4569 (3) STATEMENT.—The Senate recognizes the regions in which the United States is pro- 48, and all nominations placed on the expressed intention of the President to nego- viding assistance in humanitarian landmine Secretary’s desk; further that the tiate amendments or protocols to the Con- activities, to ratify, and adhere to the Con- nominations be confirmed en bloc, the vention to carry out the following objec- vention. Additionally, the Committee urges motions to reconsider be laid upon the tives: the Administration to seek assistance from (A) An expansion of the scope of Protocol the other parties to the Convention, during table en bloc, that any statements re- II to include internal armed conflicts. the Review Conference, and in bilateral dis- lating to the nominations appear at (B) A requirement that all remotely deliv- cussions with non-parties, to encourage the the appropriate place in the RECORD, ered mines shall be equipped with self-de- undeveloped nations of Africa, Asia and the President be immediately notified struct devices. Latin America to ratify the Convention. of the Senate’s action, and that the (C) A requirement that manually emplaced FUTURE AMENDMENTS TO THE CONVENTION Senate then return to legislative ses- antipersonnel mines without self-destruct The Committee understands that the Ad- sion. devices or backup self-deactivation features ministration intends to offer amendments to The PRESIDING OFFICER. Without shall be used only within controlled, marked, the Convention during the September 1995 and monitored minefields. objection, it is so ordered. Review Conference with regard to estab- (D) A requirement that all mines shall be The nominations considered and con- lishing a verification and compliance com- detectable using commonly available tech- firmed en bloc are as follows: mission, to tighten restrictions on the use of nology. THE JUDICIARY landmines, and to ensure exclusion of com- (E) A requirement that the party laying mand-detonated Claymore mines from such Karen Nelson Moore, of Ohio, to be United mines assumes responsibility for them. restrictions. States Circuit Judge for the Sixth Circuit, (F) The establishment of an effective The Committee enjoins the Administration vice Robert B. Krupansky, retired. mechanism to verify compliance with Pro- to consult closely with the relevant congres- Janet Bond Arterton, of Connecticut, to be tocol II. sional committees prior to the tabling and United States District Judge for the District Mr. DOLE. Mr. President, I ask unan- negotiation of amendments to the Conven- of Connecticut. imous consent a letter directed to the tion. Willis B. Hunt, Jr., of Georgia, to be United States District Judge for the North- chairman be printed in the RECORD. NATO OPERATIONS AND PROTOCOL III There being no objection, the letter ern District of Georgia. The United States is concerned about re- Charles B. Kornmann, of South Dakota, to was ordered to be printed in the strictions on the use of air-delivered incendi- be United States District Judge for the Dis- RECORD, as follows: aries in Protocol III, from both a military trict of South Dakota. UNITED STATES SENATE, and humanitarian perspective, and as such, DEPARTMENT OF JUSTICE COMMITTEE ON ARMED SERVICES, the Administration did not submit it to the Washington, DC, March 22, 1995. Senate for its advice and consent to ratifica- J. Don Foster, of Alabama, to be United Hon. JESSE HELMS, tion. States Attorney for the Southern District of Chairman, Foreign Relations Committee, U.S. During a briefing on the Convention with Alabama for the term of four years vice J.B. Senate, Washington, DC. the Administration interagency team, it was Sessions III, resigned. DEAR MR. CHAIRMAN: The Committee on brought to the Committee’s attention that Martin James Burke, of New York, to be Armed Services has conducted a brief review with the exception of France, all other coun- United States Marshal for the Southern Dis- of the military implications of the Conven- tries ratifying the Convention accepted Pro- trict of New York for the term of four years. tion on Conventional Weapons (Treaty Docu- tocol III. DEPARTMENT OF STATE ment 103–25). We understand that the Admin- The Committee is concerned about the im- Ray L. Caldwell, of Virginia, a Career istration has requested the Senate to provide pact on NATO operations resulting from Member of the Senior Foreign Service, Class its advice and consent to ratification at the ratification of Protocol III by a number of of Minister-Counselor, for the rank of Am- earliest possible time, so that the United our alliance partners. bassador during his tenure of service as Dep- States may participate in the Review Con- COMMITTEE RECOMMENDATION uty Assistant Secretary of State for ference scheduled to begin September 25, The Committee has reviewed the Conven- Burdensharing. 1995. tion on Conventional Weapons Convention Philip C. Wilcox, Jr., of Maryland, a Career The Committee’s understanding is that for Resolution of Ratification approved by the Member of the Senior Foreign Service, Class humanitarian purposes the Convention is in- Committee on Foreign Relations on March of Minister-Counselor, for the rank of Am- tended to restrict the use of specific types of 22, 1995. With the following concerns noted, bassador during his tenure of service as Co- conventional weapons in armed conflicts, the Committee agrees with the Foreign Rela- ordinator for Counter Terrorism. specifically, landmines and booby-traps. tions Committee’s actions on this Treaty. UNITED STATES INTERNATIONAL DEVELOPMENT Like the Committee on Foreign Relations, The Committee is concerned about the Ad- COOPERATION AGENCY the Committee on Armed Services has con- ministration’s plans for amendments to the cerns about the Treaty, which include: John Chrystal, of Iowa, to be a Member of Convention, particularly the establishment (1) The effectiveness of the Convention the Board of Directors of the Overseas Pri- of a Commission. The Committee believes it having been ratified by only 42 States Par- vate Investment Corporation for a term ex- is important to ensure that a large, expen- ties; piring December 17, 1997. (Reappointment) sive bureaucracy is not established and that (2) Future amendments to the Convention, George J. Kourpias, of Maryland, to be a the precedent-setting nature of an enforce- that are meant to improve its effectiveness; Member of the Board of Directors of the ment commission must be carefully consid- and, Overseas Private Investment Corporation for ered. (3) The impact of Protocol III on NATO op- a term expiring December 17, 1997. (Re- Second, the Committee believes that com- erations. appointment) mand-detonated Claymore-type mines must Gloria Rose Ott, of California, to be a EFFECTIVENESS OF CONVENTION be excluded from the coverage of any future Member of the Board of Directors of the We understand that the Convention is part amendments intended to tighten restrictions Overseas Private Investment Corporation for of a broader program of humanitarian con- on the use of landmines. a term expiring December 17, 1996. ventions to restrict the production, use, and We have consulted with all Members of the Harvey Sigelbaum, of New York, to be a export of landmines, which the Administra- Committee on the views, recommendations, Member of the Board of Directors of the tion would like to have other countries join, and understandings contained in this report. Overseas Private Investment Corporation for to reduce civilian casualties. We are pleased to advise you of the Com- a term expiring December 17, 1996. The United States military services have mittee’s advice and consent to ratification of Nominations placed on the Sec- identified landmines as a significant threat this Convention. to future force projections and military op- Sincerely, retary’s desk: erations other than war, including peace- SAM NUNN, IN THE COAST GUARD, FOREIGN SERVICE keeping and humanitarian assistance. The Ranking Member. Coast Guard nominations beginning Daniel use of landmines in internal conflicts in un- STROM THURMOND, V. Riley, Jr., and ending Heather L. Morri- developed countries is particularly acute in Chairman. son, which nominations were received by the Africa, Asia, and Latin America. Training f Senate and appeared in the Congressional and education assistance for humanitarian Record of January 6, 1995 landmine clearing activities, as well as de- EXECUTIVE CALENDAR Coast Guard nominations beginning Ralph velopment of technology for mine detection, Mr. DOLE. Mr. President, I ask unan- R. Hogan, and ending John W. Kolstad, classification, mapping and neutralization, imous consent that the Senate imme- which nominations were received by the Sen- is being provided to these regions by the De- ate and appeared in the Congressional partment of Defense and the military serv- diately proceed to the consideration of Record of January 6, 1995 ices. the following nominations on the Exec- Coast Guard nominations beginning The Committee strongly urges the Admin- utive Calendar en bloc; Calendar Nos. Genelle T Vachon, and ending Gregory A istration to encourage the countries in the 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and Howard, which nominations were received by

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4570 CONGRESSIONAL RECORD — SENATE March 24, 1995 the Senate and appeared in the Congres- 104th Congress, or until their successors are ‘‘Whereas, Southern California, through its sional Record of February 3, 1995 appointed: particular world preeminence in the tech- Coast Guard nominations beginning James Energy and Natural Resources: Mr. MUR- nologies of earth and space travel, military M. Begis, and ending Jon W. Minor, which KOWSKI (Chairman), Mr. HATFIELD, Mr. defense systems, and interglobal commu- nominations were received by the Senate and DOMENICI, Mr. NICKLES, Mr. CRAIG, Mr. CAMP- nications has been the free world’s guarantor appeared in the Congressional Record of Feb- BELL, Mr. THOMAS, Mr. KYL, Mr. GRAMS, Mr. of peace through strength of leadership; and ruary 16, 1995 JEFFORDS, and Mr. BURNS. ‘‘Whereas, the Long Beach Naval Shipyard Coast Guard nomination of Louise A. Veterans’ Affairs: Mr. SIMPSON (Chairman), is being considered for closure as part of the Stewart, which was received by the Senate Mr. MURKOWSKI, Mr. SPECTER, Mr. THUR- military base closure and realignment proc- and appeared in the Congressional Record of MOND, Mr. JEFFORDS, Mr. CAMPBELL, and Mr. ess; and February 16, 1995 CRAIG. ‘‘Whereas, built in 1943, the Long Beach Foreign Service nominations beginning Indian Affairs: Mr. MCCAIN (Chairman), Naval Shipyard is the Navy’s primary sur- Christopher E. Goldthwait, and ending Wil- Mr. MURKOWSKI, Mr. GORTON, Mr. DOMENICI, face ship repair facility on the west coast in liam L. Brant, II, which nominations were Mrs. KASSEBAUM, Mr. NICKLES, Mr. CAMP- addition to having the highest aircraft car- received by the Senate and appeared in the BELL, Mr. THOMAS, and Mr. HATCH. rier usage of any public shipyard; and Congressional Record of January 10, 1995 SENATE RESOLUTION 94 ‘‘Whereas, the Long Beach Naval Shipyard Foreign Service nominations beginning Resolved, That the Senator from Colorado is a large, full service facility that includes John Thomas Burns, and ending Van S. (Mr. CAMPBELL) is hereby appointed to the 347 acres, four industrial piers, two wharves, Wunder, III, which nominations were re- Committee on Agriculture, Nutrition, and and three drydocks; and ceived by the Senate and appeared in the Forestry, and that the following be the ma- ‘‘Whereas, the Long Beach Naval Shipyard Congressional Record of January 10, 1995 jority membership on that committee for the represents approximately $757,000,000 in total Foreign Service nominations beginning 104th Congress, or until their successors are local spending and 10,100 jobs in the southern Luis E. Arreaga Rodas, and ending Jeffrey A. appointed: California region so that closing the ship- Wuchenich, which nominations were re- Agriculture, Nutrition and Forestry: Mr. yard would have a devastating impact on ceived by the Senate and appeared in the LUGAR (Chairman), Mr. DOLE, Mr. HELMS, that area of the state; now, therefore, be it Congressional Record of January 10, 1995 Mr. COCHRAN, Mr. MCCONNELL, Mr. CRAIG, ‘‘Resolved by the Assembly and Senate of the f Mr. COVERDELL, Mr. SANTORUM, Mr. WARNER, State of California, jointly, That the Legisla- and Mr. CAMPBELL. ture hereby memorializes the President and LEGISLATIVE SESSION the Congress of the United States to provide f The PRESIDING OFFICER. Under for the continued operation of the Long Beach Naval Shipyard as an essential facil- the previous order, the Senate will re- UNANIMOUS-CONSENT AGREEMENT—S. 219 ity and as an integral part of the southern sume legislative session. California economy; and be it further f Mr. DOLE. Mr. President, I ask unan- ‘‘Resolved, That the Chief Clerk of the As- imous consent that at 11:30 a.m., Mon- sembly transmit copies of this resolution to MAKING MAJORITY PARTY day, March 27, the Senate begin 6 hours the President and Vice President of the APPOINTMENTS of general debate equally divided in the United States, to the Speaker of the House Mr. DOLE. Mr. President, I send reso- usual form on the subject of S. 219, the of Representatives, and to each Senator and regulatory moratorium bill; further Representative from California in the Con- lutions to the desk regarding Senator gress of the United States.’’ that at the hour of 10 a.m., Tuesday, CAMPBELL’s new committee assign- POM–41. A joint resolution adopted by the ments as a majority Member, and ask March 28, the Senate proceed to the Legislature of the State of Maine; to the they be considered en bloc and the mo- consideration of S. 219. Committee on Armed Services. The PRESIDING OFFICER. Without tion to reconsider be laid upon the U.S. NAVAL AIR STATION AT BRUNSWICK, ME. objection, it is so ordered. table. ‘‘Whereas, the Department of the Navy has The PRESIDING OFFICER. Without f maintained a naval air station at Brunswick, objection, it is so ordered. MEASURE INDEFINITELY Maine during World War II and continuously The clerk will report. since 1951; and POSTPONED—S. RES. 49 The assistant legislative clerk read ‘‘Whereas, the United States Naval Air as follows: Mr. DOLE. Mr. President, I ask unan- Station at Brunswick has performed in an exemplary manner throughout its more than A resolution (S. Res. 92) amending Rule imous consent that Calendar No. 15, 4 decades of history; and XXV of the Standing Rules of Senate; a reso- Senate Resolution 49 be indefinitely lution (S. Res. 93) making majority party ap- postponed. ‘‘Whereas, the United States Naval Air pointments to the Energy and Natural Re- The PRESIDING OFFICER. Without Station at Brunswick is one of the most up- to-date facilities available in the United sources Committee, the Veterans’ Affairs objection, it is so ordered. Committee, and the Committee on Indian States for long-range maritime patrol; and Affairs; a resolution (S. Res. 94) making a f ‘‘Whereas, the United States Naval Air majority party appointment. Station at Brunswick is the only remaining PETITIONS AND MEMORIALS operational naval air station in the north- The PRESIDING OFFICER. The The following petitions and memo- east quadrant of the United States and the question is on agreeing to the resolu- rials were laid before the Senate and only military airfield in northern New Eng- tions en bloc. were referred or ordered to lie on the land; and The resolutions (S. Res. 92, S. Res. 93, table as indicated: ‘‘Whereas, on the entire east coast, only the United States Naval Air Station at S. Res. 94) were agreed to en bloc as POM–40. A joint resolution adopted by the follows: Brunswick and Key West has been identified Legislature of the State of California; to the as having ‘‘strategic military value’’; and SENATE RESOLUTION 92 Committee on Armed Services. ‘‘Whereas, the United States Naval Air Resolved, That Rule XXV, paragraph 2, of ASSEMBLY JOINT RESOLUTION NO. 5 Station at Brunswick offers unencumbered the Standing Rules of the Senate is amended ‘‘Whereas, the state has endured billions of air space, no encroachment problems and ex- as follows: dollars in losses through a disproportionate pansion capability to handle all 7 of the pro- Strike the figure after ‘‘Agriculture, Nutri- share of federal Department of Defense fa- jected Atlantic Fleet VP squadrons with no tion, and Forestry’’ and insert in lieu thereof cilities closures mandated by the federally additional military construction required; ‘‘18’’. appointed Base Closure and Realignment and Strike the figure after ‘‘Energy and Nat- Commissions in 1988, 1991 and 1993; and ‘‘Whereas, the State of Maine is firmly ural Resources’’ and insert in lieu thereof ‘‘Whereas, it has been documented that committed to actively supporting the con- ‘‘20’’. this state has suffered more than its share of tinuation of the United States Naval Air SEC. 2. That Rule XXV, paragraph 3(c) of economic devastation during the current Station at Brunswick; now therefore, be it the Standing Rules of the Senate is amended worldwide economic recession, and is the ‘‘Resolved: That We, your Memorialists, re- as follows: last of the states to show signs of positive re- spectfully recommend and urge the Congress Strike the figure after ‘‘Indian Affairs’’ covery; and of the United States to continue to operate, and insert in lieu thereof ‘‘16’’. ‘‘Whereas, the state has sustained disas- develop and diversify the United States ters, both natural and manmade, in recent Naval Air Station at Brunswick, Maine; and SENATE RESOLUTION 93 years from earthquakes in the San Francisco be it further Resolved, That the following shall con- and Los Angeles areas, fires in northern and ‘‘Resolved: That We further urge the Con- stitute the majority party’s membership on southern California, and from riots in the gress of the United States to take all nec- the following Senate committees for the greater Los Angeles area; and essary action to ensure that the United

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4571 States Naval Air Station at Brunswick re- ‘‘Whereas, with the location at the Ba- ‘‘Whereas, the development of an advanced mains an integral part of our nation’s de- yonne Military Ocean Terminal of the Mili- state-of-the-art telecommunications infra- fense; and be it further tary Transportation Management Command structure, utilizing modern information ‘‘Resolved: That suitable copies of this Me- Eastern Area Headquarters and the traffic processing technology in Hawaii’s education morial, duly authenticated by the Secretary management portion of the 1301st Major Port and library system, linked locally, nation- of State, be transmitted to the Honorable Command, the terminal is an integral part of ally, and internationally to businesses, resi- William J. Clinton, President of the United the United States military operations; and dences, and other public and private services, States, to the President of the Senate and ‘‘Whereas, the closure of this terminal is essential for achieving a quality edu- the Speaker of the House of Representatives would not reflect sound financial or military cational system in a cost-effective manner; of the Congress of the United States and to logic; now, therefore, be it and each member of the Maine Congressional ‘‘Resolved by the General Assembly of the ‘‘Whereas, the development of an advanced Delegation.’’ State of New Jersey: state-of-the-art telecommunications infra- ‘‘1. This House calls upon the Base Closure structure in Hawaii is essential to promoting POM–42. A joint resolution adopted by the and Realignment Commission to remove the the economic competitiveness of the State, Legislature of the State of Maine; to the Bayonne Military Ocean Terminal from the improving the literacy and employment skill Committee on Armed Services. list of base closings recommended by the level of its citizens, and ensuring the future U.S. NAVAL SHIPYARD AT KITTERY, ME Pentagon and to maintain the operation of vitality of its educational and library sys- Whereas, the Department of the Navy has the terminal. tems; and maintained a shipyard at Kittery, Maine ‘‘2. Duly authenticated copies of this reso- ‘‘Whereas, Hawaii must ensure that the since June 12, 1800; and lution, signed by the Speaker of the General State benefits from telecommunications in- Whereas, the United States Naval Shipyard Assembly and attested by the Clerk thereof, frastructure advances and ensure universal at Kittery has performed duties in an exem- shall be transmitted to the Base Closure and access to information and education re- plary manner throughout its almost 2 cen- Realignment Commission, the President of sources for all residents of the State; and turies of history; and the United States, the Vice President of the ‘‘Whereas, Hawaii must assume a position Whereas, the Kittery shipyard is one of the United States, the Speaker of the House of of economic leadership and national promi- most up-to-date facilities available in the Representatives, and every member of Con- nence in the information age by funding United States for the repair, overhauling and gress elected from this State.’’ school and library information infrastruc- refueling of naval vessels; and ture; and Whereas, the communities in Maine, New POM–44. A resolution adopted by the Sen- ‘‘Whereas, current funding mechanisms Hampshire and Massachusetts located near ate of the Legislature of the Commonwealth may not provide Hawaii’s schools and librar- the Kittery shipyard offer an abundance of of Pennsylvania; to the Committee on Armed ies with the funds needed to construct the highly trained, skilled and experienced Services. infrastructure necessary to take advantage workers who have an outstanding work BASE CLOSURE of telecommunications technologies and ethic; and ‘‘Whereas, military installations in this services, to purchase those services, or to Whereas, the State of Maine is firmly com- Commonwealth provide employment for provide the educational, training, and infor- mitted to actively supporting the continu- 163,000 Pennsylvanians; and mation they are intended to service; and ation of the United States Naval Shipyard at ‘‘Whereas, military installations in this ‘‘Whereas, the current Congress of the Kittery; now, therefore, be it Commonwealth constitute 2.9 percent of all United States has expressed its belief in the ‘‘Resolved: That We, your Memorialists, re- State employment and 4.1 percent of all concept that the individual states are better spectfully recommend and urge the Congress State output and represent 2.7 percent of the able to determine their individual needs and of the United States to continue to operate, Department of Defense budget spent within are better positioned to determine who mon- develop and diversify the United States this Commonwealth; and eys should be spent to address those needs; Naval Shipyard at Kittery, Maine; and be it ‘‘Whereas, the closure or realignment of and further military installations in this Commonwealth ‘‘Whereas, the Federal Communications ‘‘Resolved: That we further urge the Con- could result in the termination of not only Commission (FCC) is charged with the re- gress of the United States to take all nec- those jobs on operating bases, but also thou- sponsibility of administering the radio fre- essary action to ensure that the Kittery sands of base-related jobs and the loss of mil- quency spectrum as a national asset for the shipyard remains an integral component in a lions of dollars in total income; and benefit of the American public; and post-Cold War defense strategy; and be it fur- ‘‘Whereas, this Commonwealth has lost 11.5 ‘‘Whereas, the FCC is currently conducting ther percent of all defense jobs eliminated in the an auction of radio spectrum that will be ‘‘Resolved: That suitable copies of this Me- United States as a result of the Defense Base used by winners of that auction to provide morial, duly authenticated by the Secretary Closure and Realignment Commission’s 1991 personal communications services (PCS); of State, be transmitted to the Honorable and 1993 recommendations; therefore be it and William J. Clinton, President of the United ‘‘Resolved, that the Senate of the Common- ‘‘Whereas, the FCC auction will generate States, to the President of the Senate and wealth of Pennsylvania memorialize the moneys in excess of $4,000,000,000 that should the Speaker of the House of Representatives President of the United States and Congress be shared with the individual states such of the Congress of the United States and to to oppose the closure or realignment of mili- that they will be better able to construct each Member of the Maine Congressional tary installations in Pennsylvania for the their education infrastructure; now, there- Delegation.’’ reasons stated in this resolution; and be it fore, be it further ‘‘Resolved by the Senate of the Eighteenth POM–43. A joint resolution adopted by the ‘‘Resolved, that copies of this resolution be Legislature of the State of Hawaii, Regular Ses- Legislature of the State of New Jersey; to transmitted to the President of the United sion of 1995, That the Congress of the United the Committee on Armed Services. States, to the presiding officers of each States is requested to enact whatever laws ASSEMBLY RESOLUTION NO. 130 house of Congress, to each member of Con- are necessary to allow the individual states ‘‘Whereas, the Pentagon is recommending gress from Pennsylvania and to the members to share in the proceeds of the current Fed- the closure of the Bayonne Military Ocean of the Defense Base Closure and Realignment eral Communications Commission auction of Terminal; and Committee.’’ radio spectrum for purposes of funding the ‘‘Whereas, the closure of the terminal states’ schools’ and libraries’ telecommuni- would cost 100 military and over 1,200 civil- POM–45. A resolution adopted by the Sen- cations and information infrastructure; and ian jobs and indirectly almost 750 additional ate of the Legislature of the State of Hawaii; ‘‘Be it further resolved, That the Public jobs; and to the Committee on Commerce, Science, Utilities Commission, the Consumer Advo- ‘‘Whereas, even though some of the present and Transportation. cate, and the Department of Education are employees could be relocated to Fort Mon- ‘‘Whereas, the future success of Hawaii’s requested to prepare a plan for the efficient mouth in Eatontown, New Jersey, this clo- economy and the future welfare of its citi- expenditure of revenues received by the sure would create a significant disruption in zens rests upon its ability to increase the State of Hawaii as a result of this Resolu- employees’ lives; and employment skills and competitiveness of tion; and ‘‘Whereas, the closure would also create a its people and to stimulate economic growth; ‘‘Be it further resolved, That certified copies significant disruption in the economic life of and of this Resolution be transmitted to the Bayonne with the loss of about $44 million ‘‘Whereas, the improvement of Hawaii’s President of the United States Senate, the annually in contracts with New Jersey firms employment capabilities and competitive- Speaker of the United States House of Rep- and about $71 million annually in salaries; ness of its people requires high quality edu- resentatives, and the members of Hawaii’s and cation; and congressional delegation.’’ ‘‘Whereas, the terminal performs critical ‘‘Whereas, increases in the productivity functions in shipping and storing military and competitiveness of Hawaii’s education POM–46. A concurrent resolution adopted cargo, providing sealift capability for the and library system are essential to upgrad- by the Legislature of the State of Hawaii; to Pentagon, and handling traffic management ing the quality of the existing education sys- the Committee on Commerce, Science, and for East Coast ports; and tem; and Transportation.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4572 CONGRESSIONAL RECORD — SENATE March 24, 1995

S.C.R. NO. 20 cate, and the Department of Education are urged to amend the agreement containing ‘‘Whereas, the future success of Hawaii’s requested to prepare a plan for the efficient consent order, file number 941–0124, so that economy and the future welfare of its citi- expenditure of revenues received by the Nestle is not required to divest itself of the zens rest upon its ability to increase the em- State of Hawaii as a result of this Concur- Fort Dodge Friskies PetCare Plant; and ployment skills and competitiveness of its rent Resolution; and ‘‘Be it further resolved, That the entire Iowa people and to stimulate economic growth; ‘‘Be it further resolved, That certified copies congressional delegation, Governor and of this Concurrent Resolution be transmitted Branstad, and the Director of the Iowa De- ‘‘Whereas, the improvement of Hawaii’s to the President of the United States Senate, partment of Economic Development are employment capabilities and competitive- the Speaker of the United States House of urged to support the citizens of Fort Dodge ness of its people require high quality edu- Representatives, the members of Hawaii’s in their efforts to appeal to the Federal cation; and congressional delegation, the public utility/ Trade Commission to amend the consent ‘‘Whereas, increases in the productivity public service commissions of the fifty order; and and competitiveness of Hawaii’s education states, the National Association of Regu- ‘‘Be it further resolved, That copies of this and library system are essential to upgrad- latory Utility Commissioners, the National resolution be sent to the Governor, the ing the quality of the existing education sys- Governors Association, the National Con- President of the United States, the President tem; and ference of State legislatures, the National of the United States Senate, the Speaker of ‘‘Whereas, the development of an advanced Association of State Universities and Land the United States House of Representatives, state-of-the-art telecommunications infra- Grant Colleges, and EDUCOM.’’ the Chairperson of the Federal Trade Com- structure, utilizing modern information pro- mission, and members of the Iowa congres- fessing technology in Hawaii’s education and POM–47. A concurrent resolution adopted sional delegation.’’ library system, linked locally, nationally, by the Legislature of the State of Iowa; to and internationally to businesses, resi- the Committee on Commerce, Science, and POM–48. A joint resolution adopted by the dences, and other public and private services, Transportation. Legislative of the State of Maine; to the Committee on Commerce, Science, and is essential for achieving a quality edu- HOUSE CONCURRENT RESOLUTION 17 cational system in a cost-effective manner; Transportation. ‘‘Whereas, the Federal Trade Commission and SUPPORT AMTRAK has published an agreement containing a ‘‘Whereas, the development of an advanced consent order, file number 941–0124, dealing ‘‘Whereas, Amtrak is energy-efficient and state-of-the-art telecommunications infra- with the proposed acquisition of Alpo by environmentally beneficial, consuming structure in Hawaii is essential to promoting 1 Nestle Food Company; and about ⁄2 as much energy per passenger mile the economic competitiveness of the State, ‘‘Whereas, Nestle Food Company owns a as airlines and causing less air pollution; and improving the literacy and employment skill processing facility in Fort Dodge, Iowa, oper- ‘‘Whereas, Amtrak provides mobility to level of its citizens, and ensuring the future ating as Friskies PetCare Products; and citizens of many smaller communities poorly vitality of its educational and library sys- ‘‘Whereas, the consent order requires Nes- served by air and bus services, as well as to tems; and tle to divest the Fort Dodge Friskies those senior citizens, people with disabil- ‘‘Whereas, Hawaii must ensure that the ities, students and people with medical con- State benefits from telecommunications in- PetCare plant within 12 months; and ‘‘Whereas, the Friskies PetCare Products ditions who need trains as a travel option; frastructure advances and ensure universal has operated in Fort Dodge for more than 19 and access to information and education re- years and has been an excellent corporate ‘‘Whereas, Amtrak is 9 times safer than sources for all residents of the State; and driving per passenger mile and operates even ‘‘Whereas, Hawaii must assume a position citizen, providing good jobs and benefits to 141 employees; and in severe weather conditions; and of economic leadership and national promi- ‘‘Whereas, Amtrak travel rose 48% from ‘‘Whereas, the direct economic impact of nence in the information age by funding 1982 to 1993 and Amtrak dramatically im- the Friskies plant in Webster County and school and library information infrastruc- proved coverage of its operating costs from Fort Dodge approaches $100 million per year; ture; and revenues; and and ‘‘Whereas, current funding mechanisms ‘‘Whereas, expansion of Amtrak service ‘‘Whereas, the complaint filed with the may not provide Hawaii’s schools and librar- using existing rail rights-of-way would cost Federal Trade Commission alleges that the ies with the funds needed to construct the less and use less land than new highways and acquisition of Alpo by the Nestle Food Com- infrastructure necessary to take advantage airports and would further increase the ad- pany will eliminate substantial actual com- of telecommunications technologies and vantage of Amtrak’s efficiency; and services, to purchase those services, or to petition between Nestle and Alpo, increase ‘‘Whereas, federal investment in Amtrak provide the educational, training, and infor- the likelihood that Nestle will unilaterally has fallen in the last decade while it has mation they are intended to service; and exercise market power in the relevant mar- risen for airports and highways; and ‘‘Whereas, the current Congress of the ket, and increase the likelihood of, or facili- ‘‘Whereas, states may use highway trust United States has expressed its belief in the tate collusion or coordinated interaction fund money as an 80% federal match for a va- concept that the individual states are better among, firms in the relevant market; and riety of nonhighway programs but are pro- able to determine their individual needs and ‘‘Whereas, the relevant market in the com- hibited from using the money for Amtrak are better positioned to determine how mon- plaint is the manufacture and production of projects; and eys should be spent to address those needs; canned cat food for the geographies market ‘‘Whereas, Amtrak pays a fuel tax that air- and of the United States of America; and lines do not pay; and ‘‘Whereas, The Federal Communications ‘‘Whereas, the Fort Dodge facility produces ‘‘Whereas, Amtrak workers and vendors Commission (FCC) is charged with the re- 24,000,000 cases of canned pet food per year of pay more in taxes than the Federal Govern- sponsibility of administering the radio fre- which 66 percent is canned cat food and 33 ment invests in Amtrak; now, therefore, be quency spectrum as a national asset for the percent is canned dog food; and it benefit of the American public; and ‘‘Whereas, Nestle officials have stated that ‘‘Resolved, That We, your Memorialists, re- ‘‘Whereas, The FCC is currently con- they will increase the production at other spectfully urge the President and Congress of ducting an auction of radio spectrum that Nestle-owned plants to replace the lost pro- the United States not to reduce federal fund- will be used by winners of that auction to duction from the sale of the Fort Dodge ing of Amtrak; to exempt Amtrak from pay- provide personal communications services plant; and ing fuel taxes that airlines do not pay; to (PCS); and ‘‘Whereas, the Federal Trade Commission allow the states flexibility in using federal ‘‘Whereas, the FCC auction will generate has indicated that it is unlikely that it will highway trust fund money on Amtrak moneys in excess of $4,000,000,000 that should allow the sale of the Fort Dodge plant to any projects; and to require that federal officials be shared with the individual states such other major competitor in the pet food in- include a strong Amtrak system in any plans that they will be better able to construct dustry; and for a national transportation system; and be their education infrastructure; now, there- ‘‘Whereas, the citizens of Fort Dodge and it further fore, be it Webster County, the Mayor and City Council ‘‘Resolved, That suitable copies of this Me- ‘‘Resolved by the Senate of the Eighteenth of Fort Dodge, the Webster County Board of morial, duly authenticated by the Secretary Legislature of the State of Hawaii, Regular Ses- Supervisors, the employees of Friskies, and of State, be transmitted to the Honorable sion of 1995, the House of Representatives con- the Webster County Industrial Development William J. Clinton, President of the United curring, That the Congress of the United Commission all believe that the remedy pro- States, the President of the Senate and the States is requested to allow the individual posed by the Federal Trade Commission will Speaker of the House of Representatives of states to share in the proceeds of the current not accomplish the stated goals, and will, in the Congress of the United States and to Federal Communications Commission auc- fact, result in the loss of 141 good jobs in each Member of the Maine Congressional tion of radio spectrum for purposes of fund- Fort Dodge and have a disastrous effect on Delegation.’’ ing the states’ public schools’, universities’, the local economy, including the loss of and libraries’ telecommunications and infor- more than $200,000 per year in Iowa sales POM–49. A resolution adopted by the Leg- mation infrastructure; and taxes; now therefore, be it ‘‘Resolved by the islative of the State of Nebraska; to the ‘‘Be it further resolved, That the Public House of Representatives, the Senate concur- Committee on Commerce, Science, and Utilities Commission, the Consumer Advo- ring, That the Federal Trade Commission is Transportation.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4573 LEGISLATIVE RESOLUTION 48 until 1977, when its role as an arsenal INTRODUCTION OF BILLS AND ‘‘Whereas, the Nebraska Educational Tele- changed from manufacturing to research and JOINT RESOLUTIONS communications Commission employees an development; and impressive variety of television and radio ‘‘Whereas, Picatinny Arsenal is the United The following bills and joint resolu- broadcast and non-broadcast technologies to States Army’s principal research, develop- tions were introduced, read the first serve the residents of this state; and ment and engineering facility for assigned and second time by unanimous con- ‘‘Whereas, the commission is a major cul- weapon systems, responsible for developing sent, and referred as indicated: tural and educational resource serving and 90 percent of the Army’s weaponry; and By Mr. BRADLEY (for himself and Mr. unifying Nebraska residents of all ages and ‘‘Whereas, the Army Armament Research, LAUTENBERG): locations; and Development and Engineering Center S. 611. A bill to authorize extension of time ‘‘Whereas, the commission is widely recog- (ARDEC) at Picatinny Arsenal has assign- limitation for a FERC-issued hydroelectric nized as both the pioneer employer of edu- ments which include artillery, infantry, sur- license; to the Committee on Energy and cational communications technologies and face vehicle mounted and aircraft mounted Natural Resources. one of the premiere statewide educational weapons and ammunition; rocket and missile By Mr. ROCKEFELLER (for himself, and public telecommunications systems in warhead sections; fire control systems; dem- Mr. DASCHLE, Mr. GRAHAM, and Mr. the United States; and olition munitions; mines, bombs and gre- MURKOWSKI): ‘‘Whereas, the Commission assists every nades, pyrotechnic systems and munitions; S. 612. A bill to amend title 38, United Nebraska educational sector and institution, explosives and propellants; and practice and States Code, to provide for a hospice care public and private, in providing quality training munitions; and pilot program for the Department of Vet- teaching and learning and making education ‘‘Whereas, for the past four years, ARDEC erans Affairs; to the Committee on Veterans’ more readily accessible; and management has downsized and reduced op- Affairs. ‘‘Whereas, the commission brings a wide erating costs while retaining core capabili- By Mr. ROCKEFELLER (for himself, variety of national, international, and Ne- ties and the ability to expand to accommo- Mr. GRAHAM, Mr. AKAKA, Mr. DOR- braska-produced programs to the schools and date new missions or to respond to national GAN, Mr. MURKOWSKI, Mr. JEFFORDS, homes of the state, as well as repeatedly emergencies; and Mr. DASCHLE, Mr. LEAHY, Mrs. MUR- brings national recognition to Nebraska; and ‘‘Whereas, Picatinny is staffed by more RAY, and Mr. WELLSTONE): ‘‘Whereas, the commission is the only enti- than 5,000 civilian engineers, scientists and S. 613. A bill to authorize the Secretary of ty, public or private, with both the capa- support personnel, with a technical staff of Veterans Affairs to conduct pilot programs bility to provide picture and sound through- whom more than 30 percent have graduate in order to evaluate the feasibility of partici- out Nebraska and the responsibility to em- degrees; and pation of the Department of Veterans Affairs ploy that capacity to pursue educational eq- ‘‘Whereas, Picatinny Arsenal has a na- health care system in the health care sys- uity, maintain educational quality, and pro- tional mission and represents a unique intel- tems of States that have enacted health care vide responsible and constructive program- lectual community that cannot easily be du- reform; to the Committee on Veterans’ Af- ming for the people of Nebraska; and plicated; and ‘‘Whereas, the commission provides on a fairs. ‘‘Whereas, if the arsenal is closed, no as- daily basis children’s, cultural, public af- By Mr. BINGAMAN (for himself and surance exists that the functions therein fairs, informational, and distance-learning Mr. DOMENICI): performed can be replaced or will be assumed S. 614. A bill to confer jurisdiction of the programs of impressive substance and qual- anywhere else; and U.S. Court of Federal Claims with respect to ity; and ‘‘Whereas, the commission employs an ap- ‘‘Whereas, the kind of institutional knowl- land claims of Pueblo of Isleta Indian Tribe, propriate and interdependent mix of state, edge located at Picatinny Arsenal is critical and for other purposes; to the Committee on federal, and private funding to address this because U.S. laws restrict the munitions and the Judiciary. important mission on behalf of the people of weapons marketplace, both domestic and By Mr. AKAKA (for himself and Mr. Nebraska; now, therefore, be it international, deterring industry from sub- CRAIG): ‘‘Resolved by the Members of the ninety- stantial investment or retention of staff and S. 615. A bill to amend title 38, United fourth Legislative of Nebraska, first session: facilities in a commodity arena where there States Code, to require the Secretary of Vet- ‘‘1. That the Legislative commends the Ne- is no commercial market; and erans Affairs to furnish outpatient medical braska Educational Telecommunications ‘‘Whereas, Picatinny Arsenal, invaluable services for any disability of a former pris- Commission for forty years of exemplary to the Nation’s defense with its specialized oner of war; to the Committee on Veterans’ service, and urges the Congress of the United facilities on 6,500 acres, faces possible con- Affairs. States, in partnership with the people of Ne- solidation or closure as the Department of By Mr. BINGAMAN: braska, to continue critical support of edu- Defense reduces its budget with another S. 616. A bill to amend the Tariff Act of cational and public telecommunications and round of base closures; now, therefore, be it 1930 to provide parity between the United the national public broadcasting organiza- Resolved by the General Assembly of the State States and certain free trade agreement tions providing programs of significant qual- of New Jersey: countries with respect to the exemption for ity to rural and urban residents alike, which 1. This House urges the President and the personal and household effects purchased are of particular importance as Nebraska Congress of the United States to carefully abroad by returning residents, and for other and the nation move increasingly into the examine the impact of the closure of the purposes; to the Committee on Finance. information age and the next century. Picatinny Arsenal upon the Nation’s defense By Mr. HATFIELD: ‘‘2. That the Clerk of the Legislative trans- readiness and to reject such closure. S. 617. An original bill making additional mit a copy of this resolution to the Speaker 2. Duly authenticated copies of this resolu- supplemental appropriations and rescissions of the House of Representatives, and Presi- tion, signed by the Speaker of the General for the fiscal year ending September 30, 1995, dent of the Senate of the Congress of the Assembly and attested by the Clerk thereof, and for other purposes; from the Committee United States, to all members of the Ne- shall be transmitted to the President of the on Appropriations; placed on the calendar. braska delegation to the Congress of the United States, the Vice President of the By Mr. COATS (for himself and Mr. United States, and to the President of the United States, the Speaker of the House of LIEBERMAN): United States with the request that it be of- Representatives and every member of Con- S. 618. A bill to provide a low-income ficially entered in the Congressional Record gress elected from this State.’’ school choice demonstration program; to the as a memorial to the Congress of the United Committee on Labor and Human Resources. Mr. Mr. SMITH (for himself, Mr. LAU- States.’’ f TENBERG, Mr. FAIRCLOTH, Mr. MCCON- POM–50. A resolution adopted by the Gen- NELL, Mr. SIMON, Mr. MACK, Mr. eral Assembly of the State of New Jersey; to REPORTS OF COMMITTEES BOND, Mr. GRAHAM, Mr. LIEBERMAN, the Committee on Armed Services. The following reports of committees Mr. WARNER, and Mr. REID): S. 619. A bill to phase out the use of mer- ‘‘Whereas, Picatinny Arsenal at Dover, were submitted: New Jersey, traces its roots to the ‘‘middle cury in batteries and provide for the efficient Forge’’ which was established in 1749 at the By Mr. HATFIELD, from the Committee and cost-effective collection and recycling or foot of Picatinny Peak and later became part on Appropriations, without amendment: proper disposal of used nickel cadmium bat- of the Mount Hope Iron Works, which pro- S. 617. An original bill making additional teries, small sealed lead-acid batteries, and vided cannon shot, bar iron, shovels and axes supplemental appropriations and rescissions certain other batteries, and for other pur- for the Revolutionary Army; and for the fiscal year ending September 30, 1995, poses; to the Committee on Environment and ‘‘Whereas, the Army purchased the site and other purposes (Rept. No. 104–17). Public Works. and established the Picatinny Powder Depot By Mr. THURMOND, from the Committee By Mr. CRAIG (for himself and Mr. in 1880 when the War Department needed a on Armed Services: DOMENICI): location which to construct a black powder Special report entitled: ‘‘The Activities of S. 620. A bill to direct the Secretary of the magazine; and the Committee on Armed Services United Interior to convey, upon request, certain ‘‘Whereas, Picatinny Arsenal produced States Senate, 103d Congress, First and Sec- property in Federal reclamation projects to high explosives and ammunition from 1902 ond Sessions’’ (Rept. No. 104–18). beneficiaries of the projects and to set forth

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4574 CONGRESSIONAL RECORD — SENATE March 24, 1995 a distribution scheme for revenues from rec- This project will cost $1.8 billion to care system, I am today introducing a lamation project lands; to the Committee on construct and will be financed entirely bill that would require VA to conduct a Energy and Natural Resources. by the private sector. It is estimated hospice care pilot program to deter- By Mr. BENNETT (for himself, Mr. that this single project will create up CAMPBELL, Mr. BROWN, Mr. JEFFORDS, mine how best to provide hospice care Mr. STEVENS, and Mr. HATCH): to 1,300 jobs during construction and services to terminally ill veterans. I S. 621. A bill to amend the National Trails provide about $20 million annually in am proud that Senators DASCHLE, System Act to designate the Great Western property taxes. GRAHAM, and MURKOWSKI have joined Trail for potential addition to the National Mr. President, the project’s existing with me as original cosponsors. As the Trails System, and for other purposes. license will expire in August, 1996. number of veterans who are elderly or By Mr. LEVIN (for himself, and Mr. When the license was originally re- have terminal illnesses continues to ABRAHAM): quested and granted in the early 1990’s, S. 622. A bill to amend the Clean Air Act to the sponsors presumed that the financ- grow, the need and demand for VA hos- provide that a State containing an ozone ing would be complete and construc- pice care is likely to increase. We must nonattainment area that does not signifi- stay ahead of the surge and explore the cantly contribute to ozone nonattainment in tion underway by 1996, as required. Un- its own area or any other area shall be treat- fortunately, the extended economic re- various ways to provide such care, so ed as satisfying certain requirements if the cession intervened. Because of the gen- our veterans and their families will State makes certain submissions, and for eral economic climate and the dif- have the best choices available to other purposes; to the Committee on Envi- ficulty of financing any project of this them. ronment and Public Works. magnitude, the start-up date has Our legislation is derived from S. By Mr. SPECTER (for himself and Mr. slipped. HATCH): 1141, which I sponsored and which was S. 623. A bill to reform habeas corpus pro- Normally, I am very hesitant to in- incorporated into the committee bill, cedures, and for other purposes; to the Com- tervene in any way in a regulatory S. 1030, of the 103d Congress. Though S. mittee on the Judiciary. process. However, since I understand 1030 passed the Senate, it did not pass that the FERC has no objections and By Mr. HATFIELD: the House. The bill also builds upon S. S. 624. A bill to establish a Science and will support this extension, I am will- 1358 of the 102d Congress which Senator Mathematics Early Start Grant program, ing to move ahead. I also understand RAHAM introduced on June 24, 1991, and for other purposes; to the Committee on that the Congressman representing G Labor and Human Resources. this district, Rodney Frelinghuysen, is and the Senate passed on October 16, f preparing companion legislation. 1991. SUBMISSION OF CONCURRENT AND When the FERC granted the original Although VA has expanded and im- SENATE RESOLUTIONS license, they required public hearings proved hospice care services over the The following concurrent resolutions and an extensive environmental anal- past 4 years, it continues to fall short and Senate resolutions were read, and ysis. While I understand that there is of the goals we envisioned. Thus we referred (or acted upon), as indicated: substantial local support for this feel compelled to introduce the Vet- project, this legislation will now be the By Mr. DOLE: erans’ Hospice Care Services Act of S. Res. 92. A resolution amending Rule subject of additional hearings. Before 1995. XXV of the Standing Rules; considered and agreeing to move the legislation in the agreed to. Senate, I will weigh carefully any new SUMMARY OF PROVISIONS S. Res. 93. A resolution making majority comments or concerns about the Mr. President, this legislation would party appointments to the Energy and Nat- project and I will be contacting local expand comprehensive VA hospice care ural Resources Committee, the Veterans’ Af- community members to gauge the level fairs Committee, and the Committee on In- programs and promote VA research on dian Affairs; considered and agreed to. of their enthusiasm and support. hospice care. The bill would amend S. Res. 94. A resolution making a Majority Mr. President, I ask unanimous con- chapter 17 of title 38 to establish a new party appointment; considered and agreed sent to have the text of the bill printed subchapter VII, the provisions of which following these remarks. to. would: f There being no objection, the bill was ordered to be printed in the RECORD, as First, require VA, during the period STATEMENTS ON INTRODUCED follows: beginning on October 1, 1995, and end- BILLS AND JOINT RESOLUTIONS S. 611 ing on December 31, 2000, to conduct a By Mr. BRADLEY (for himself Be it enacted by the Senate and House of Rep- pilot program in order to assess the de- and Mr. LAUTENBERG): resentatives of the United States of America in sirability of furnishing hospice care S. 611. A bill to authorize extension Congress assembled, That notwithstanding the services to terminally ill veterans, and of time limitation for a FERC-issued time limitation of section 13 of the Federal determine the most effective and effi- hydroelectric license; to the Com- Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee cient means of furnishing such serv- mittee on Energy and Natural Re- for FERC Project No. 9401 is authorized, in ices. sources. accordance with the good faith, due dili- Second, require VA to furnish hos- FERC-ISSUED LICENSE AUTHORIZATION gence, and public interest requirements of EXTENSION ACT section 13 and the Commission’s procedures pice care services under the pilot pro- ∑ Mr. BRADLEY. Mr. President, I in- under such section, to extend until August 3, gram to any veteran who has a life ex- troduce legislation which would allow 1999, the time required for the licensee to pectancy of 1 year or less, as certified the Federal Energy Regulatory Com- commence the construction of such project. by a VA physician and who is entitled mission to extend a license already This section shall take effect for the project to VA hospital care, eligible for and re- upon the expiration of the extension (issued ceiving VA hospital or nursing home granted to the Mount Hope pumped by the Commission under section 13) of the storage project. It is my understanding period required for commencement of con- care, eligible for and receiving care in that the FERC has no objection to this struction of such project.∑ a community nursing home under a VA extension and that the agency itself contract, or eligible for and receiving would grant the extension, if it were By Mr. ROCKEFELLER (for him- care in a State veterans home for not statutorily prohibited from doing self, Mr. DASCHLE, Mr. GRAHAM, which VA is making per diem pay- so. and Mr. MURKOWSKI): ments to offset the costs of that care. I am very pleased to have Senator S. 612. A bill to amend title 38, Third, specify that the hospice care LAUTENBERG as a cosponsor on this leg- United States Code, to provide for a islation. hospice care pilot program for the De- services that VA must provide to vet- The Mt. Hope project is an advanced partment of Veterans Affairs; to the erans under the pilot program are: The pumped-storage hydroelectric plant. It Committee on Veterans’ Affairs. services to which Medicare bene- will be constructed on an existing in- VETERANS’ HOSPICE CARE SERVICES ACT ficiaries are entitled under the Medi- dustrial site that has been active for ∑ Mr. ROCKEFELLER. Mr. President, care’s hospice care benefit, and per- almost 300 years. It will be largely un- in the spirit of strengthening our com- sonal care services, including care or derground, once it is established, and mitment to provide a comprehensive services relating to activities of daily should have a very limited environ- package of health care benefits to vet- living, such as dressing, personal hy- mental impact. erans eligible for care in the VA health giene, feeding, and housekeeping.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4575 Fourth, require the Secretary to es- minally ill veterans, and his rec- This year’s bill, like S. 1030 of the tablish hospice care demonstration ommendations, if any, for additional 103d Congress, contains a provision projects that would provide these serv- legislation regarding such care. that explicitly states that VA can con- ices at not fewer than 15 but mote than Twelth, clarify that the pilot pro- tinue to provide hospice care services 30 VA medical centers [VAMC’s] by one gram would not preclude VA from fur- at any VAMC, which would guarantee of these means: A hospice operated by nishing hospice care services at that no veteran will lose access to hos- a VAMC, a non VA hospice under con- VAMC’s not participating in the pilot pice care as a result of the pilot pro- tract with a VAMC and pursuant to program or the control group. gram. We certainly do not want VA to which the VA facility furnishes any BACKGROUND eliminate its existing hospice pro- necessary inpatient services, or a non- Clearly, terminally ill veterans need grams. Rather, we seek to ensure that VA facility furnishes any necessary in- an alternative to customary, curative VA studies and learns from them. patient services. care, and the Department of Veterans CONCLUSION Fifth, require that each of the three Affairs has made steady progress in means for furnishing hospice care serv- meeting the demand. Mr. President, many terminally ill ices be used at not fewer than five However, VA headquarters officials veterans do not want to spend their VAMC’s. have given only general guidance to last days in a hospital environment re- Sixth, require the Secretary to en- VAMC’s regarding the types of hospice ceiving high technology, curative care. sure, to the maximum extent feasible, care services they must provide and These veterans, who have served our that VAMC’s selected to conduct dem- the manner in which they must provide country with honor and dignity, choose onstration projects under the pilot pro- them. Not surprisingly, significant a different type of environment, one gram include facilities that: Are lo- variations exist in the manner in which where pain management and emotional cated in urban areas and rural areas, VAMC’s provide these services. Only 39 support are the focus. They are vet- encompass the full range of affiliations of 171 VAMC’s operate their own hos- erans like Tom, a West Virginian between VAMC’s and medical schools, pice units. These units are freestanding whose plight the committee learned of buildings or separate units where a operate and maintain various numbers in 1991. The executive director of the homelike atmosphere is created. Other of beds, and meet any additional cri- Hospice of Huntington, WV, Charlene VAMC’s provide hospice in units that teria or standards that the Secretary Farrell, told the committee that while are converted patient rooms where may deem relevant or necessary. Tom was in the hospital, suffering from cure-oriented care is administered ad- Seventh, provide that the amount cancer, this depressed veteran asked jacent to the hospice rooms. Still other paid by VA or a non-VA hospice under that the drapes be closed so he could VAMC’s only provide some hospice a hospice care services contract gen- sit in darkness. Eventually, his daugh- services such as caregiver counseling erally may not exceed the amount that ters decided to use their modest re- and pain management. Many offer only would be paid to that hospice under the sources to purchase hospice care from a an assessment of a terminally ill vet- Medicare hospice benefit, and author- non-VA provider, because their father erans’ needs and referral to a non-VA ize the Secretary to pay an amount in longed for the type of care and support hospice. that a hospital simply cannot offer. We excess of the Medicare reimbursement Neither uniformity nor marked vari- owe veterans like Tom nothing less rate, if the Secretary determines, on a ation in the provision of VA hospice case-by-case basis, that the Medicare care may be the answer. Each local than the best hospice care our Nation rate would not adequate compensate area may need to tailor its programs can provide. The Veterans Hospice Care the hospice for the costs associated and services to the unique needs of the Services Act of 1995 will help us meet with furnishing necessary care to a ter- veterans they serve, as well as the de- our obligation to these brave men and minally ill veteran. livery modalities in their areas. women. Eighth, require the Secretary to des- Yet I continue to believe that there Mr. President, I ask unanimous con- ignate not fewer than 10 VAMC’s that are important questions that need to sent that the text of the bill be printed would function as a control group and be asked and answered about the ways in the RECORD. furnish a less comprehensive range of to provide such care. For example, There being no objection, the bill was hospice care services to terminally ill some claim that we can best meet ter- ordered to be printed in the RECORD, as veterans that the range that VAMC’s minally ill veterans’ needs by inte- follows: participating in the pilot program grating hospice concepts into main- must provide, by VA personal pro- stream care for terminally ill persons. S. 612 viding one or more hospice care serv- Others believe that because most Be it enacted by the Senate and House of Rep- ices to veterans at a VAMC, or VA per- VAMC’s are affiliated with medical resentatives of the United States of America in sonal monitoring the furnishing by schools that emphasize technology-in- Congress assembled, non-VA provider of one or more hospice tensive, curative interventions, vet- SECTION 1. SHORT TITLE. care services to veterans. erans would be better served if VA con- This Act may be cited as the ‘‘Veterans’ Ninth, require the Secretary to en- tracted with community hospice pro- Hospice Care Services Act of 1995’’. sure, to the maximum extent prac- viders. There may not be only one cor- ticable, that terminally ill veterans re- SEC. 2. PROGRAMS FOR FURNISHING HOSPICE rect approach, and that is fine. But I do CARE TO VETERANS. ceive information regarding their eligi- know that we must address these dif- (a) ESTABLISHMENT OF PROGRAMS.—Chapter bility, if any, for Medicare’s hospice ficult questions if we truly care about care benefit. 17 of title 38, United States Code, is amended meeting terminally ill veterans’ needs. by adding at the end the following: Tenth, require the Secretary, not The pilot program this legislation en- later than September 30, 1996, and on visions could be of great help in assess- ‘‘SUBCHAPTER VII—HOSPICE CARE PILOT an annual basis thereafter, until Octo- ing these concerns. The bill calls for PROGRAM; HOSPICE CARE SERVICES ber 1, 2001, to submit periodic written VA to establish hospice demonstration ‘‘§ 1761. Definitions reports to the House and Senate Com- projects at 15 to 30 VAMC’s that will ‘‘For the purposes of this subchapter— mittee on Veterans’ Affairs about the provide a comprehensive range of hos- ‘‘(1) The term ‘terminally ill veteran’ pilot program. pice care services. Ten other VAMC’s means any veteran— Eleventh, require the Under Sec- will constitute a control group and ‘‘(A) who is (i) entitled to receive hospital retary for Health, not later than Au- offer a less comprehensive range of care in a medical facility of the Department gust 1, 1999, to submit to the House and hospice services. In essence, an experi- under section 1710(a)(1) of this title, (ii) eligi- Senate Committees on Veterans’ Af- ment will be set up, whereby consistent ble for hospital or nursing home care in such fairs a detailed final report on the pilot data can be generated and valuable in- a facility and receiving such care, (iii) re- program, including an assessment of ceiving care in a State home facility for formation extrapolated. This study will which care the Secretary is paying per diem the desirability of furnishing hospice help health care providers identify vet- under section 1741 of this title, or (iv) trans- care services to terminally ill veterans, erans most likely to benefit from that ferred to a non-Department nursing home for an assessment of the optimal means of program and tailor the program’s serv- nursing home care under section 1720 of this furnishing hospice care services to ter- ices to meet their needs. title and receiving such care; and

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4576 CONGRESSIONAL RECORD — SENATE March 24, 1995 ‘‘(B) who has a medical prognosis (as cer- ‘‘(B) the full range of affiliations between ferred to in subsection (a) by one of the fol- tified by a Department physician) of a life medical facilities of the Department and lowing means designated by the Secretary: expectancy of six months or less. medical schools is represented by the facili- ‘‘(A) By personnel of the Department pro- ‘‘(2) The term ‘hospice care services’ ties selected to conduct demonstration viding one or more hospice care services to means— projects under the pilot program, including such veterans at or through medical facili- ‘‘(A) the care, items, and services referred no affiliation, minimal affiliation, and ex- ties of the Department. to in subparagraphs (A) through (H) of sec- tensive affiliation; ‘‘(B) By personnel of the Department moni- tion 1861(dd)(1) of the Social Security Act (42 ‘‘(C) such facilities vary in the number of toring the furnishing of one or more of such U.S.C. 1395x(dd)(1)); and beds that they operate and maintain; and services to such veterans at or through non- ‘‘(B) personal care services. ‘‘(D) the demonstration projects are lo- Department facilities. ‘‘(3) The term ‘hospice program’ means any cated or conducted in accordance with any ‘‘(2) The Secretary shall furnish care by program that satisfies the requirements of other criteria or standards that the Sec- the means referred to in each of subpara- section 1861(dd)(2) of the Social Security Act retary considers relevant or necessary to fur- graphs (A) and (B) of paragraph (1) at not (42 U.S.C. 1395x(dd)(2)). nish and to evaluate and assess fully the fur- less than five medical facilities designated ‘‘(4) The term ‘medical facility of the De- nishing of hospice care services to termi- under subsection (a). partment’ means a facility referred to in sec- nally ill veterans. tion 1701(4)(A) of this title. ‘‘(c)(1) Subject to paragraph (2), hospice ‘‘§ 1764. Information relating to hospice care ‘‘(5) The term ‘non-Department facility’ care to terminally ill veterans shall be fur- services means a facility (other than a medical facil- nished under a demonstration project by one ‘‘The Secretary shall ensure to the extent ity of the Department) at which care to ter- or more of the following means designated practicable that terminally ill veterans who minally ill veterans is furnished, regardless by the Secretary: have been informed of their medical prog- of whether such care is furnished pursuant to ‘‘(A) By the personnel of a medical facility nosis receive information relating to the eli- a contract, agreement, or other arrangement of the Department providing hospice care gibility, if any, of such veterans for hospice referred to in section 1762(b)(1)(D) of this services pursuant to a hospice program es- care and services under title XVIII of the So- title. tablished by the Secretary at that facility. cial Security Act (42 U.S.C. 1395 et seq.). ‘‘(6) The term ‘personal care services’ ‘‘(B) By a hospice program providing hos- ‘‘§ 1765. Evaluation and reports means any care or service furnished to a per- pice care services under a contract with that son that is necessary to maintain a person’s program and pursuant to which contract any ‘‘(a) Not later than September 30, 1996, and health and safety within the home or nurs- necessary inpatient services are provided at on an annual basis thereafter until October ing home of the person, including care or a medical facility of the Department. 1, 2001, the Secretary shall submit a written services related to dressing and personal hy- ‘‘(C) By a hospice program providing hos- report to the Committees on Veterans’ Af- giene, feeding and nutrition, and environ- pice care services under a contract with that fairs of the Senate and House of Representa- mental support. program and pursuant to which contract any tives relating to the conduct of the pilot pro- ‘‘§ 1762. Hospice care: pilot program require- necessary inpatient services are provided at gram under section 1762 of this title and the ments a non-Department medical facility. furnishing of hospice care services under sec- ‘‘(2)(A) The Secretary shall provide that— tion 1763 of this title. Each report shall in- ‘‘(a)(1) During the period beginning on Oc- ‘‘(i) care is furnished by the means de- clude the following information: tober 1, 1995, and ending on December 31, scribed in paragraph (1)(A) at not less than ‘‘(1) The location of the sites of the dem- 2000, the Secretary shall conduct a pilot pro- five medical facilities of the Department; onstration projects provided for under the gram in order— and pilot program. ‘‘(A) to assess the desirability of furnishing ‘‘(ii) care is furnished by the means de- ‘‘(2) The location of the medical facilities hospice care services to terminally ill vet- scribed in subparagraphs (B) and (C) of para- of the Department at or through which hos- erans; and graph (1) in connection with not less than pice care services are being furnished under ‘‘(B) to determine the most effective and five such facilities for each such means. section 1763 of this title. efficient means of furnishing such services to ‘‘(B) The Secretary shall provide in any ‘‘(3) The means by which care to termi- such veterans. contract under subparagraph (B) or (C) of nally ill veterans is being furnished under ‘‘(2) The Secretary shall conduct the pilot paragraph (1) that inpatient care may be pro- each such project and at or through each program in accordance with this section. ‘‘(b)(1) Under the pilot program, the Sec- vided to terminally ill veterans at a medical such facility. retary shall— facility other than that designated in the ‘‘(4) The number of veterans being fur- ‘‘(A) designate not less than 15 nor more contract if the provision of such care at such nished such care under each such project and than 30 medical facilities of the Department other facility is necessary under the cir- at or through each such facility. at or through which to conduct hospice care cumstances. ‘‘(5) An assessment by the Secretary of any ‘‘(d)(1) Except as provided in paragraph (2), services demonstration projects; difficulties in furnishing such care and the the amount paid to a hospice program for ‘‘(B) designate the means by which hospice actions taken to resolve such difficulties. care furnished pursuant to subparagraph (B) care services shall be provided to terminally ‘‘(b) Not later than August 1, 1999, the Sec- or (C) of subsection (c)(1) may not exceed the ill veterans under each demonstration retary shall submit to the committees re- amount that would be paid to that program project pursuant to subsection (c); ferred to in subsection (a) a report con- for such care under section 1814(i) of the So- ‘‘(C) allocate such personnel and other re- taining an evaluation and assessment by the cial Security Act (42 U.S.C. 1395f(i)) if such sources of the Department as the Secretary Under Secretary for Health of the hospice care were hospice care for which payment considers necessary to ensure that services care pilot program under section 1762 of this would be made under part A of title XVIII of are provided to terminally ill veterans by title and the furnishing of hospice care serv- such Act. the designated means under each demonstra- ices under section 1763 of this title. The re- ‘‘(2) The Secretary may pay an amount in tion project; and port shall contain such information (and excess of the amount referred to in para- ‘‘(D) enter into any contract, agreement, shall be presented in such form) as will en- graph (1) (or furnish services whose value, to- or other arrangement that the Secretary able the committees to evaluate fully the de- gether with any payment by the Secretary, considers necessary to ensure the provision sirability of furnishing hospice care services exceeds such amount) to a hospice program of such services by the designated means to terminally ill veterans. for furnishing care to a terminally ill vet- under each such project. ‘‘(c) The report under subsection (b) shall eran pursuant to subparagraph (B) or (C) of ‘‘(2) In carrying out the responsibilities re- include the following: subsection (c)(1) if the Secretary determines, ferred to in paragraph (1) the Secretary shall ‘‘(1) A description and summary of the on a case-by-case basis, that— take into account the need to provide for and pilot program. ‘‘(A) the furnishing of such care to the vet- conduct the demonstration projects so as to ‘‘(2) With respect to each demonstration eran is necessary and appropriate; and provide the Secretary with such information project conducted under the pilot program— ‘‘(B) the amount that would be paid to that as is necessary for the Secretary to evaluate ‘‘(A) a description and summary of the program under section 1814(i) of the Social and assess the furnishing of hospice care project; Security Act would not compensate the pro- services to terminally ill veterans by a vari- ‘‘(B) a description of the facility con- gram for the cost of furnishing such care. ety of means and in a variety of cir- ducting the demonstration project and a dis- cumstances. ‘‘§ 1763. Care for terminally ill veterans cussion of how such facility was selected in ‘‘(3) In carrying out the requirement de- ‘‘(a) During the period referred to in sec- accordance with the criteria set out in, or scribed in paragraph (2), the Secretary shall, tion 1762(a)(1) of this title, the Secretary prescribed by the Secretary pursuant to, sub- to the maximum extent feasible, ensure shall designate not less than 10 medical fa- paragraphs (A) through (D) of section that— cilities of the Department at which hospital 1762(b)(3) of this title; ‘‘(A) the medical facilities of the Depart- care is being furnished to terminally ill vet- ‘‘(C) the means by which hospice care serv- ment selected to conduct demonstration erans in order to furnish the care referred to ices care are being furnished to terminally projects under the pilot program include fa- in subsection (b)(1). ill veterans under the demonstration project; cilities located in urban areas of the United ‘‘(b)(1) Palliative care to terminally ill vet- ‘‘(D) the personnel used to furnish such States and rural areas of the United States; erans shall be furnished at the facilities re- services under the demonstration project;

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4577 ‘‘(E) a detailed factual analysis with re- ‘‘SUBCHAPTER VII—HOSPICE CARE PILOT care system, VA lacks experience in spect to the furnishing of such services, in- PROGRAM; HOSPICE CARE SERVICES participating in a competitive environ- cluding (i) the number of veterans being fur- ‘‘1761. Definitions. ment. nished such services, (ii) the number, if any, ‘‘1762. Hospice care: pilot program require- Mr. President, I believe VA will do of inpatient admissions for each veteran ments. well in a national plan under which being furnished such services and the length ‘‘1763. Care for terminally ill veterans. of stay for each such admission, (iii) the ‘‘1764. Information relating to hospice care costs are controlled and coverage is ex- number, if any, of outpatient visits for each services. panded for all Americans, because VA such veteran, and (iv) the number, if any, of ‘‘1765. Evaluation and reports.’’. already operates within a fixed budget. home-care visits provided to each such vet- (c) AUTHORITY TO CARRY OUT OTHER HOS- VA must, however, have the oppor- eran; PICE CARE PROGRAMS.—The amendments tunity to learn what kinds of changes ‘‘(F) the direct costs, if any, incurred by made by subsection (a) may not be construed are needed in the VA medical system terminally ill veterans, the members of the as terminating the authority of the Sec- families of such veterans, and other individ- as a whole. retary of Veterans Affairs to provide hospice It is in the spirit of improving VA uals in close relationships with such vet- care services to terminally ill veterans under erans in connection with the participation of any program in addition to the programs re- medical services for veterans that I am veterans in the demonstration project; quired under the provisions added by such today introducing a bill that would re- ‘‘(G) the costs incurred by the Department amendments. quire VA to conduct a pilot health care in conducting the demonstration project, in- (d) AUTHORIZATION OF APPROPRIATIONS.— reform program. This VA State Health cluding an analysis of the costs, if any, of Funds are authorized to be appropriated for Care Reform Pilot Program would en- the demonstration project that are attrib- the Department of Veterans Affairs for the able VA to participate in the health utable to (i) furnishing such services in fa- purposes of carrying out the evaluation of cilities of the Department, (ii) furnishing care reform programs of several States. the hospice care pilot programs under sec- I am delighted to be joined in spon- such services in non-Department facilities, tion 1765 of title 38, United States Code (as and (iii) administering the furnishing of such added by subsection (a)), as follows: soring this bill by Committee members services; and (1) For fiscal year 1996, $1,200,000. BOB GRAHAM, DAN AKAKA, BYRON DOR- ‘‘(H) the unreimbursed costs, if any, in- (2) For fiscal year 1997, $2,500,000. GAN, FRANK MURKOWSKI, and JIM JEF- curred by any other entity in furnishing (3) For fiscal year 1998, $2,200,000. FORDS, and by Senators TOM DASCHLE, services to terminally ill veterans under the (4) For fiscal year 1999, $100,000.∑ PATRICK LEAHY, PATTY MURRAY, and project pursuant to section 1762(c)(1)(C) of PAUL WELLSTONE. this title. By Mr. ROCKEFELLER (for him- ‘‘(3) An analysis of the level of the fol- At the committee’s February 9, 1994, self, Mr. GRAHAM, Mr. AKAKA, lowing persons’ satisfaction with the serv- hearing, John Bollinger, deputy execu- ices furnished to terminally ill veterans Mr. DORGAN, Mr. MURKOWSKI, tive director of the Paralyzed Veterans under each demonstration project: Mr. JEFFORDS, Mr. DASCHLE, of America, testified that ‘‘the pilot ‘‘(A) Terminally ill veterans who receive Mr. LEAHY, Mrs. MURRAY, and programs will give VA in those states such services, members of the families of Mr. WELLSTONE): the opportunity to become a full par- such veterans, and other individuals in close S. 613. A bill to authorize the Sec- ticipant in the health care system. It relationships with such veterans. retary of Veterans Affairs to conduct will also provide valuable experience to ‘‘(B) Personnel of the Department respon- pilot programs in order to evaluate the sible for furnishing such services under the draw upon when the full VA system project. feasibility of participation of the De- faces the same challenges in the con- ‘‘(C) Personnel of non-Department facili- partment of Veterans Affairs health text of national health care reform.’’ I ties responsible for furnishing such services care system in the health care systems agree wholeheartedly. under the project. of States that have enacted health care SUMMARY OF PROVISIONS ‘‘(4) A description and summary of the reform; to the Committee on Veterans’ Mr. President, this legislation would means of furnishing hospice care services at Affairs. or through each medical facility of the De- enable VA to evaluate the most appro- VA STATE HEALTH CARE REFORM PILOT partment designated under section 1763(a)(1) priate means of participating in re- PROGRAM ACT of this title. formed State health care systems, pro- ‘‘(5) With respect to each such means, the ∑ Mr. ROCKEFELLER. Mr. President, viding invaluable information to help information referred to in paragraphs (2) and although the efforts of the last Con- them prepare for national health care (3). gress to provide national health care reform. ‘‘(6) A comparative analysis by the Under reform failed, many States have al- This bill would give VA the authority Secretary for Health of the services fur- ready enacted reform legislation. to select up to five States with com- nished to terminally ill veterans under the These States have taken the first, im- prehensive health benefit plans in various demonstration projects referred to in portant steps on the road to universal section 1762 of this title and at or through place, or where such plans are immi- the designated facilities referred to in sec- coverage. I applaud the efforts of these nent, to participate in the pilot pro- tion 1763 of this title, with an emphasis in courageous legislators. They are giving gram for a period of 2 years. The bill such analysis on a comparison relating to— their citizens health care security. would authorize VA facilities in the se- ‘‘(A) the management of pain and health These State plans provide Congress lected States to offer free comprehen- symptoms of terminally ill veterans by such with the perfect opportunity to learn sive care to all compensable service- projects and facilities; from their successes and to study the connected veterans and to all veterans ‘‘(B) the number of inpatient admissions of effects of reform on existing Federal with incomes below the current levels such veterans and the length of inpatient medical programs, including the VA stays for such admissions under such that apply to inpatient care. projects and facilities; medical system. The legislation would grant the Sec- ‘‘(C) the number and type of medical proce- The VA medical system—the Na- retary authority to waive certain laws dures employed with respect to such vet- tion’s largest health care system—can- and regulations that could interfere erans by such projects and facilities; and not participate fully in health care re- with the ability of VA facilities to par- ‘‘(D) the effectiveness of such projects and form efforts in specific States because ticipate in State health care reform ac- facilities in providing care to such veterans current Federal law makes it impos- tivities. at the homes of such veterans or in nursing sible for VA facilities to do so. This de- This legislation would give VA med- homes. prives VA of the kinds of experiences ‘‘(7) An assessment by the Under Secretary ical center directors flexibility in allo- for Health of the desirability of furnishing and information it needs to thrive cating their resources, except with re- hospice care services by various means to under national health care reform. If spect to regional programs, such as spi- terminally ill veterans, including an assess- this situation continues, we will miss a nal cord injury services, post-trau- ment by the Director of the optimal means valuable opportunity to study the ef- matic stress disorder, blind rehabilita- of furnishing such services to such veterans. fects of reform. tion, and substance abuse programs, ‘‘(8) Any recommendations for additional At a February 9, 1994, Senate Com- which are funded from central office. legislation regarding the furnishing of care mittee on Veterans’ Affairs’ hearing on The bill would give the head of the to terminally ill veterans that the Secretary VA participation in State health care VA in selected States—the VA health considers appropriate.’’. (b) CLERICAL AMENDMENT.—The table of reform, then-Acting Deputy Under Sec- system director—the authority to con- sections at the beginning of such chapter is retary of Health, Elwood Headley, tract out for medical services without amended by adding at the end the following: M.D., stated that as a public health prior review from VA central office.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4578 CONGRESSIONAL RECORD — SENATE March 24, 1995 For other services, VA facilities within United States Code, this realignment feasible and appropriate in light of the pur- the State would have the authority to cannot go into effect for 90 days of con- pose of this Act. enter into contracts below $250,000 tinuous session of Congress. (c) DEPARTMENT PARTICIPATION IN STATE without prior review by central office. Should there be no action of the Con- HEALTH BENEFIT PLANS—(1) To the max- gress to modify the Secretary’s pro- imum extent practicable, the Secretary shall Contracts above $250,000 would be re- provide eligible persons under each pilot pro- viewed by central office, but would posed plan—and I know of no such pro- gram under this Act with the comprehensive automatically be approved if central posed action at this point—VA will un- package of basic health care benefits that office did not make a decision within 30 dertake a very significant realignment would otherwise be available to such persons days. This would give local VA facili- of the field management structure of under the comprehensive health benefit plan ties the autonomy they need to in- VHA. I mention this possibility in the of the State in which the pilot program is crease their number of providers in a context of my introduction of this carried out. The Secretary shall provide such timely manner. measure today, because it is likely benefits through the health care system of This bill would also give local VA fa- that the proposed pilot authority the Department in such State as if such sys- tem were a provider of such benefits under cilities more flexibility in the hiring would have to be modified in light of such plan. process, by extending authority that is the realignment. Such changes in the (2) Notwithstanding any other provision of currently available for hiring certain legislation can be discussed later in the law, a State may not prohibit the participa- title 38 personnel to the hiring of all committee’s consideration of the issue, tion of the Department under the com- staff. This is intended to help VA fa- at which time we will have a better prehensive health benefit plan of the State cilities hire the best possible employ- sense of the outcome of the Secretary’s under a pilot program unless the chief execu- ees in a timely manner. proposed field realignment. tive officer of the State certifies to the Sec- The bill would exempt VA facilities Mr. President, I am looking forward retary that— in the pilot program from FTE cuts. (A) the benefits to be provided by the De- to working with Senator SIMPSON and partment under the pilot program do not Arbitrary FTE cuts could make it im- all the members of the Senate Com- meet requirements for quality of benefits es- possible for VA facilities to compete mittee on Veterans’ Affairs, as well as tablished by or provided under the plan; or under health care reform. with the chairman of the House Com- (B) the location of Department facilities The legislation would give the par- mittee on Veterans’ Affairs, BOB (including facilities providing services by ticipating VA facilities the authority STUMP, and chairman of the House contract or agreement with the Secretary) in to carry over leftover funding from one Subcommittee on Hospitals and Health the State is such that the proximity of eligi- ble persons to such facilities does not meet year to the next. Again, this would Care, TIM HUTCHINSON. This legislation help VA facilities make better use of requirements so established for such prox- was passed by the Senate in the last imity. limited funds. Congress, and I hope that we can move Finally, this legislation would give (3) Not later than 30 days after the designa- forward with it in this Congress. tion of a State as a location for a pilot pro- VA the authority to collect employer Mr. President, I ask unanimous con- gram under this Act, and at such other times contributions and other third-party sent that the text of the bill be printed as the Secretary may determine, the Sec- payments for noncore veterans who in the RECORD. retary and the health system director for choose VA health care. These pay- There being no objection, the bill was that State shall jointly determine the regu- ments would enable VA facilities to ordered to be printed in the RECORD, as lations under the authority of the Secretary provide care for all veterans who follows: the waiver or modification of which is nec- essary in order to facilitate the carrying out choose VA health care, not just core S. 613 veterans. of the pilot program. Upon such determina- Be it enacted by the Senate and House of Rep- tion, the Secretary shall waive or modify the CONCLUSION resentatives of the United States of America in application of such regulations to the pilot Mr. President, VA needs legislative Congress assembled, program. relief from restrictions in current law SECTION 1. SHORT TITLE. (4) The Secretary shall furnish any eligible which, although enacted for good and This Act may be cited as the ‘‘VA State person living in a State in which a pilot pro- appropriate reasons, could prevent VA Health Care Reform Pilot Program Act’’. gram is carried out (including any eligible facilities from competing as providers SEC. 2. PURPOSE OF PILOT PROGRAMS. person electing to receive benefits under the in certain States. The major obstacle The purpose of this Act is to authorize the pilot program and any eligible person not which must be overcome is that VA fa- participation of the Department of Veterans electing to receive benefits under the pilot Affairs health care system in the health care program) with the health care benefits for cilities cannot qualify as providers systems of States that have enacted health which such person is eligible under chapter under some state plans because of cur- care reform in order to evaluate the most ap- 17 of title 38, United States Code, notwith- rent eligibility requirements. Under propriate means of enabling the Department standing that the comprehensive package of various State proposals, all citizens health care system to participate in such basic health care benefits provided under the would be eligible to choose a provider, systems and in the National health care sys- comprehensive health benefit plan of the and all providers must offer the same tem contemplated under any plans for Na- State does not otherwise include such health basic package of services. In most tional health care reform. care benefits. The Secretary shall furnish States, VA could not be considered a SEC. 3. HEALTH CARE PILOT PROGRAMS. any health care benefits under this para- graph in accordance with the provisions of provider for several reasons, including (a) IN GENERAL.—The Secretary may carry out pilot programs on the participation of that chapter. the restrictions which limit preventive the Department of Veterans Affairs health (5) The Secretary may not provide any and primary care. care system in the health care systems of health care benefit under a pilot program Mr. President, the ‘‘VA State Health States that have adopted comprehensive under this Act that the Secretary is not oth- Care Reform Pilot Program’’ would health benefit plans. The Secretary shall erwise authorized to provide under the laws provide VA with invaluable experience carry out any pilot program under this Act administered by the Secretary. regarding how it needs to change in in accordance with the provisions of this (d) HEALTH SYSTEM DIRECTOR.—(1) The Sec- order to survive and thrive under Act. retary shall designate a health system direc- health care reform. the ‘‘VA State (b) STATES ELIGIBLE FOR DESIGNATION.—(1) tor for each State in which a pilot program is carried out under this Act. To the max- Health Care Reform Pilot Program’’ The Secretary shall designate each of not more than five States as a location for a imum extent feasible, the Secretary shall will help us meet our obligation to the pilot program under this Act. The Secretary delegate to the health system directors the brave men and women who served in shall complete the designation of States as responsibilities of the Secretary under this every branch of the Armed Forces, by locations for pilot programs not later than 30 Act. improving the VA medical system that days after the date of the enactment of this (2)(A) Subject to subparagraph (B), the serves them. Act. Secretary shall designate an individual as Mr. President, one final note before (2) The Secretary may designate a State as health system director for a State from closing. On Friday, March 17, 1995, Sec- a location for a pilot program under this Act among nominees for that position selected retary of Veterans Affairs Jesse Brown if the Secretary determines that— by a panel composed of individuals who are (A) the State has enacted, or will soon senior management personnel of the Depart- submitted to our committee notice of a enact, a statute establishing or providing for ment medical centers located in that State. plan to realign the field management a comprehensive health benefit plan; and (B) An individual selected for nomination of the Veterans Health Administration. (B) the participation of the health care to be a health system director of a State Pursuant to section 510(b) of title 38, system of the Department under the plan is under subparagraph (A) shall be—

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4579 (i) the director or chief of staff of a Depart- (L) Office of Management and Budget Cir- under this Act a premium, deductible, copay- ment medical center located in the State in cular A–76. ment, or other charge with respect to the which the pilot program is carried out; or (3)(A) Notwithstanding any other provision provision of a benefit under the pilot pro- (ii) any other individual having experience of law, contracts and agreements for the pro- gram. The amount of the premium, deduct- with the Department medical system that is vision of health care services under this sub- ible, copayment, or other charge collected equivalent to the experience with that sys- section may include contracts and other with respect to a benefit provided under a tem of an individual in a position referred to agreements with insurers, health care pro- pilot program may not exceed the maximum in clause (i). viders, or other individuals or entities that amount otherwise permitted for a premium, (e) ADMINISTRATIVE REORGANIZATION.—The provide health care services. deductible, copayment, or other charge with Secretary may carry out any administrative (B) Contracts and agreements under this respect to that benefit under the comprehen- reorganization of an office, facility, activity, paragraph may be entered into without prior sive health benefits plan of the State in or function of the health care system of the review by the Central Office of the Depart- which the pilot program is carried out. Department in a State in which a pilot pro- ment. (2)(A) Except as provided in subparagraph gram is carried out that the Secretary and (4)(A) Contracts and agreements under this (B), the Secretary shall not collect under the the health system director jointly determine subsection for services other than the serv- pilot programs premiums, deductibles, co- to be necessary in order to facilitate the car- ices referred to in paragraph (3) (including rying out of the pilot program. Section 510(b) payments, and other charges with respect to contracts and agreements for procurement of the benefits provided by the Department to of title 38, United States Code, shall not equipment, maintenance and repair services, apply to any such administrative reorganiza- the following: and other services related to the provision of (i) Veterans with compensable service-con- tion. health care services) shall not be subject to (f) PROVISION OF BENEFITS.—(1)(A) Except nected disabilities. prior review by the Central Office if the (ii) Veterans whose discharge or release as provided in subparagraph (B), the Sec- amount of such contracts or agreements is retary shall provide health care benefits from active military, naval, or air service less than $250,000. was for a compensable disability that was in- under a pilot program— (B) Contracts and agreements for services curred or aggravated in the line of duty. (i) through the direct provision of such under this paragraph shall be subject to (iii) Veterans who are in receipt of, or who, services by the health care system of the De- prior review by the Central Office if the but for a suspension pursuant to section 1151 partment in the State in which the pilot pro- amount of such contracts or agreements is of title 38, United States Code (or both a sus- gram is carried out; or $250,000 or greater. If the Central Office fails pension and the receipt of retired pay), (ii) by contract or other agreement in ac- to approve or reject a contract or agreement would be entitled to disability compensa- cordance with paragraph (2). under this clause within 30 days of its sub- (B) The Secretary may exclude facilities of tion, but only to the extent that such vet- mittal to the Central Office, such contract or the Department from participation in a pilot erans’ continuing eligibility for such care is agreement shall be deemed approved by the program. Any facilities so excluded shall provided for in the judgment or settlement Central Office. continue to provide health care benefits to provided for in such section. (g) DEPARTMENT PERSONNEL.—(1) Notwith- veterans and other persons eligible for such standing any other provision of law and to (iv) Veterans who are former prisoners of benefits in accordance with the provisions of the extent necessary to carry out the pur- war. laws administered by the Secretary. (v) Veterans of the Mexican border period (2) The health system director of a pilot pose of a pilot program, the Secretary may— (A) appoint personnel to positions in the or of World War I. program may enter into contracts and agree- (vi) Veterans who are unable to defray the ments for the provision of health care serv- health care system of the Department in the State in which the pilot program is carried expenses of necessary care, as determined in ices and contracts and agreements for other accordance with section 1722(a) of such title. services with respect to the pilot program out in accordance with such standards for under paragraph (1)(A)(ii). Any such contract such positions as the Secretary may estab- (B) The Secretary may collect premiums, or agreement (including any lease) shall not lish; and deductibles, copayments, and other charges be subject to the following provisions of law: (B) promote and advance personnel serving with respect to benefits provided under a (A) Section 8110(c) of title 38, United States in such positions in accordance with such pilot program to veterans referred to in sub- Code, relating to contracting of services at standards as the Secretary may establish. paragraph (A) from any third party obligated Department health-care facilities. (2) Not later than 60 days after the designa- to provide, or to pay the expenses of, such (B) Section 8122(a)(1) of such title, relating tion of a State as a location for a pilot pro- benefits to or for such veterans under the to the lease of Department property. gram under this Act, or at such other time comprehensive health benefits plan of the (C) Section 8125 of such title, relating to as the Secretary may determine, the Sec- State in which the pilot program is carried local contracts for the procurement of retary shall request authority from the Di- out. health-care items. rector of the Office of Management and (j) FUNDING.—(1) There is established in the (D) Section 702 of title 5, United States Budget to permit the Secretary to employ a Treasury a fund to be known as the Depart- Code, relating to the right of review of agen- number of full time equivalent employees in ment of Veterans Affairs Health Care Reform cy wrongs by courts of the United States. the health care system of the Department in Fund (hereafter referred to in this subsection (E) Sections 1346(a)(2) and 1491 of title 28, that State which exceeds the number of such as the ‘‘Fund’’). United States Code, relating to the jurisdic- employees that would otherwise be author- (2)(A) Notwithstanding any other provision tion of the district courts of the United ized for such employment by the Director. of law, amounts shall be deposited in the States and the United States Court of Fed- (3) Notwithstanding any other provision of Fund as follows: eral Claims, respectively, for the actions law, employees of the Department at facili- (i) Amounts collected under a pilot pro- enumerated in such sections. ties of the Department under a pilot program gram in accordance with subsection (i). (F) Subchapter V of chapter 35 of title 31, shall not, during the carrying out of the (ii) Amounts made available to a pilot pro- United States Code, relating to adjudication pilot program, be subject to any reduction in gram based upon a determination under of protests of violations of procurement stat- the number of full time employees of the De- paragraph (3). utes and regulations. partment or as a result of a reduction in the (iii) Amounts transferred to the Fund with (G) Sections 3526 and 3702 of such title, re- number of full time employees of the Federal respect to a pilot program under paragraph lating to the settlement of accounts and Government. (4). claims, respectively, of the United States. (h) ELIGIBLE PERSONS.—(1) A person eligi- (iv) Such other amounts as the Secretary (H) Subsections (b)(7), (e), (f), (g), and (h) of ble for health care benefits under a pilot pro- and the health system directors of the pilot section 8 of the Small Business Act (15 U.S.C. gram is any person residing in a State in programs jointly determine to be necessary 637(b)(7), (e), (f), (g), and (h)), relating to re- which a pilot program is carried out as fol- in order to carry out the pilot programs. quirements with respect to small businesses lows: (v) Such other amounts as may be appro- for contracts for property and services. (A) Any veteran. priated to the pilot programs. (I) The provisions of law assembled for pur- (B) Any spouse or child of a veteran. (B) The Secretary shall make available poses of codification of the United States (C) Any individual eligible for care under amounts under clauses (ii) and (iv) of sub- Code as section 471 through 544 of title 40 paragraph (2) or (3) of section 1713(a) of title paragraph (A) from amounts appropriated to that relate to the authority of the Adminis- 38, United States Code. the Department of Veterans Affairs for the trator of General Services over the lease and (2) Notwithstanding any other provision of disposal of Federal Government property. law, a State may not require that any person provision of health care services. (J) The Office of Federal Procurement Pol- other than a person referred to in paragraph (C) The Secretary shall establish and main- icy Act (41 U.S.C. 401 et seq.), relating to the (1) be eligible for health care benefits tain a separate account under the Fund for procurement of property and services by the through the Department under a pilot pro- each pilot program carried out under this Federal Government. gram. Act. Any deposits and expenditures with re- (K) Chapter 3 of the Federal Property and (i) COPAYMENTS AND OTHER CHARGES.—(1) spect to a pilot program shall be made to or Administrative Services Act of 1949 (41 Except as provided in paragraph (2), the Sec- from the account established and maintained U.S.C. 251 et seq.), relating to the procure- retary may collect from or on behalf of any with respect to that pilot program. ment of property and services by the Federal individual receiving health care benefits (3)(A) For each year of the operation of a Government. from the Secretary under a pilot program pilot program under this Act, the Secretary

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4580 CONGRESSIONAL RECORD — SENATE March 24, 1995 shall deposit in account of the Fund for the (B) The nature of benefits sought by such to reintroduce a bill on behalf of our pilot program an amount (as determined by persons under each pilot program. constituents, the people of the Pueblo the Secretary) equal to the amount that (C) The nature and quantity of benefits of Isleta in New Mexico. The Senate ap- would otherwise be made available to the provided to such persons under each pilot proved and passed an identical version health care system of the Department in the program. State in which the pilot program is carried (D) The cost to the Department of pro- of this measure in the previous Con- out for the payment of the cost of health viding such benefits under each pilot pro- gress. Unfortunately, the House ad- care services by such system in that State in gram. journed before its Members were able that year. The Secretary shall deposit such (b) REPORTS.—(1) Not later than 14 months to take action on our bill, but a similar amount at the beginning of such year. after the date of the completion of the des- measure was approved by the House in (B) The costs referred to in subparagraph ignation of States as locations for pilot pro- the 102d Congress. (A) shall not include costs relating to the grams under this Act, the Secretary shall The legislation we are introducing provision by the Secretary of the following submit to the Committees on Veterans’ Af- today will provide authority for New services: fairs of the Senate and House of Representa- (i) Services relating to post-traumatic tives a report on the progress of the Sec- Mexico’s Pueblo of Isleta to file an ab- stress disorder. retary in carrying out the pilot programs. original land claim in the United (ii) Services relating to spinal-cord dys- Such report shall include the information re- States Court of Federal Claims under function. ferred to in subsection (a)(2) on the date of the Indian Claims Act. The bill does (iii) Services relating to substance abuse. the report. not pass judgment on the claim or give (iv) Services relating to the rehabilitation (2) Not later than November 30 of the year the Pueblo priority on the court’s of blind veterans. of the termination of the final pilot program docket. If, however, the Pueblo of under this Act, the Secretary shall submit to (v) Services relating to prosthetics. Isleta proves to the court that it does (4) Funds deposited in the Medical-Care the committees referred to in paragraph (1) a Cost Recovery Fund established under sec- report on the pilot programs carried out indeed have a valid claim of aboriginal tion 1729(g) of title 38, United States Code, under this Act. The report shall include the land use and occupancy, then appro- during any fiscal year in an amount in ex- following: priate monetary compensation would cess of the Congressional Budget Office base- (A) The information referred to in sub- be determined by the court. line (as of the date of the enactment of this section (a)(2), together with the comments In April 1992, the House Judiciary Act) for deposits in that fund for that fiscal and conclusions of the Secretary with re- Subcommittee on Administrative Law year shall not be subject to paragraph (4) of spect to such information. and Governmental Relations held a section 1710(f), 1712(f), or 1729(g) (as the case (B) An assessment by the Secretary of the utility of each pilot program for carrying hearing on an early version of our bill. may be) of that title, but shall be transferred During that hearing, testimony made to the fund established under this sub- out the purpose of this Act. section. Such transfer for any fiscal year (C) An assessment by the Secretary of ap- clear that the Pueblo of Isleta—like all shall be made at any time that the total of propriate means of integrating the health the Pueblo Tribes in New Mexico—had amounts so received less amounts estimated care system of the Department into the standing to pursue land claims under to cover the expenses, payments, and costs health care systems of States that have en- the Indian Claims Act of 1946. Under described in paragraph (3) of section 1729(g) acted health care reform and into the Na- the act, claims could be based either on of that title is in excess of the applicable tional health care system contemplated title to the land or aboriginal use, but Congressional Budget Office baseline. under any plans for National health care re- form. all claims must have been filed by 1951. (5)(A) Notwithstanding any other provision Unfortunately, due to incomplete or of law, the health system director for a State (D) Such other information, assessments, in which a pilot program is carried out shall and conclusions as the Secretary considers improper advice from counsel, the determine the costs for which amounts in appropriate. Pueblo of Isleta filed only a limited the Fund may be expended in carrying out SEC. 5. DEFINITIONS. claim based on a Spanish land grant, to the pilot program. For the purposes of this Act— which there was a written record, be- (B)(i) Except as provided in clause (ii), the (1) The terms ‘‘Secretary’’, ‘‘Department’’, fore the 1951 deadline. According to costs of carrying out a pilot program under ‘‘veteran’’, ‘‘child’’ and ‘‘spouse’’ have the tribal leaders, their fore-fathers were this paragraph shall include any costs of meanings given such terms in paragraphs (1), not informed by counsel that they marketing and advertising under the pro- (2), (4), and (31) of section 101 of title 38, could file a claim based on aboriginal gram, costs of legal services provided to such United States Code, respectively. pilot program by the General Counsel of the (2) The term ‘‘comprehensive health ben- land use. Significantly, the Pueblo’s Department of Veterans Affairs, and costs efit plan’’, in the case of a State, means a counsel was a Bureau of Indian Affairs relating to acquisition (including acquisition plan or system established under the law of official who was later found by the of land), construction, repair, or renovation the State that— court to have given erroneous advice of facilities. (A) attempts to ensure the access of resi- on a similar matter to the Pueblo of (ii) Costs under this subparagraph shall not dents of the State to a comprehensive pack- Zuni. Like many other tribes, the include any costs relating to a major med- age of basic health care benefits; and Pueblos of Zuni and Isleta were com- ical facility project or a major medical facil- (B) ensures such access by providing that pletely dependent on the Bureau of In- ity lease as such terms are defined in sub- such benefits shall be provided directly or by paragraphs (A) and (B) of section 8104(a)(3) of contract by public and private entities. dian Affairs for advice and assistance title 38, United States Code, respectively. (3) The term ‘‘comprehensive package of regarding land claims during the 1940’s (C) Amounts in the Fund for the payment basic health care benefits’’ means the health and 1950’s. of costs of a pilot program under this sub- care benefits provided for by a State under Mr. President, this legislation would section shall be available for such purpose the comprehensive health benefit plan of the simply allow the Pueblo of Isleta to without fiscal year limitation. State. pursue a claim today, much like legis- (k) TERMINATION.—A pilot program carried (4) The term ‘‘health care system of the lation Congress approved some years out under this Act shall terminate not later Department’’, in the case of a State des- ago for the Pueblo of Zuni. Again, the ignated as a location for a pilot program, than 2 years after the date of the commence- bill does not give the Pueblo priority ment of provision of benefits under the pilot means the facilities and personnel of the De- program. partment located in that State that provide on the court’s docket, and it does not pass judgement on the claim itself. SEC. 4. REPORTS ON PILOT PROGRAMS. health care services under chapter 17 of title ∑ The people of the Pueblo of Isleta are (a) COLLECTION OF INFORMATION.—(1) The 38, United States Code. Secretary shall collect such information entitled to their day in court. This bill with respect to the provision of health care By Mr. BINGAMAN (for himself assures them of that right. I urge my benefits under each pilot program as is nec- and Mr. DOMENICI): colleagues to support its swift passage. essary to permit the Secretary to evaluate S. 614. A bill to confer jurisdiction of Mr. President, I ask unanimous con- the pilot program in light of the purpose of the U.S. Court of Federal Claims with sent that the text of the bill be printed the pilot program under this Act. respect to land claims of Pueblo of in the RECORD. (2) The information collected by the Sec- Isleta Indian Tribe, and for other pur- There being no objection, the bill was retary under paragraph (1) shall include ag- poses; to the Committee on the Judici- ordered to be printed in the RECORD, as gregated data on the following: ary. (A) The number of persons participating in follows: each pilot program, including the age, sex, PUEBLO OF ISLETA LAND CLAIMS ACT S. 614 health status, disability ratings (if any), em- Mr. BINGAMAN. Mr. President, I rise Be it enacted by the Senate and House of Rep- ployment status, and incomes of such per- today with my good friend and distin- resentatives of the United States of America in sons. guished colleague, Senator DOMENICI, Congress assembled,

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4581 SECTION 1. JURISDICTION. Some may feel this legislation is un- from Hawaii, Senator AKAKA, in intro- (a) IN GENERAL.—Notwithstanding sections necessary because VA has been pro- ducing legislation that will clarify vet- 2401 and 2501 of title 28, United States Code, viding outpatient services to POW’s. erans health services for ex-prisoners and section 12 of the Act of August 13, 1946 (60 Stat. 1052, chapter 959), or any other law But, when times get tough and funding of war [ex-POW]. that would interpose or support a defense of becomes tight, POW’s without service- This bill will amend title 38 of the untimeliness, jurisdiction is hereby con- connected disabilities, or with a lower United States Code, ensuring access to ferred upon the United States Court of Fed- disability rating, may be denied out- outpatient medical services for any eral Claims to hear, determine, and render patient care. This is exactly what hap- disability of a former prisoner of war. judgment on any claim by the Pueblo of pened in 1990. Due to budgetary rea- Mr. President, these services are cur- Isleta Indian Tribe of New Mexico against sons, two midwestern VA medical cen- rently being provided in accordance the United States with respect to any lands ters began denying outpatient services with a directive from the Secretary of or interests therein in the State of New Mex- the Veterans Administration. This bill ico or any adjoining State that were held by to former POW’s. Fortunately, through aboriginal title or otherwise and that were congressional intervention, this policy is necessary in order to secure, by law, acquired from the tribe without payment of was reversed and POW’s continued to access to these services by our veterans adequate compensation by the United receive ambulatory care. Although we who have suffered as prisoners of war. States. are facing a lean fiscal climate, ac- The law currently covers inpatient (b) INTEREST.—As a matter of adequate countants should not determine wheth- medical services for ex-POWs. How- compensation, the United States Court of er our POW’s receive outpatient care. ever, as medical care continues to con- Federal Claims may award interest at a rate This bill only seeks to ensure that vert into more outpatient care, we of 5 percent per year to accrue from the date VA will continue to provide outpatient need to ensure that those who are in on which such lands or interests therein were acquired from the tribe by the United services at all times to POW’s. As of need of care can obtain it in the most States. January 1, 1995, there were only 62,676 cost-effective manner. In the long-term (c) LIMITATIONS.—Such jurisdiction is con- former U.S. POW’s, 94 percent of whom this should ensure that we continue to ferred only with respect to claims accruing served in World War II. As we observe provide care in the most cost effective on or before August 13, 1946. All such claims the 50th anniversary of the conclusion manner as more ailments are treated must be filed not later than 3 years after the of World War II, this bill provides a fit- on an outpatient basis. In short, we date of enactment of this Act. ting tribute to the sacrifices made by will be better able to control costs and (d) JURISDICTION IS NOT DEPENDENT ON EX- POW’s on behalf of our country. provide better delivery of care to those HAUSTION.—Such jurisdiction is conferred notwithstanding any failure of the tribe to Mr. President, I ask unanimous con- veterans who suffered at the hands of exhaust any available administrative rem- sent that the text of the bill and addi- our enemies as prisoners of war. edy. tional material be printed in the Mr. President, I would like to point SEC. 2. CERTAIN DEFENSES NOT APPLICABLE. RECORD. out that bills similar to this one have Any award made to any Indian tribe other There being no objection, the mate- previously passed the Senate. However, than the Pueblo of Isleta Indian Tribe of New rial was ordered to be printed in the they have never completed the process Mexico before, on, or after the date of the en- RECORD, as follows: leading to enactment. I hope that my actment of this Act, under any judgment of S. 615 colleagues will see the merit in this the Indian Claims Commission or any other Be it enacted by the Senate and House of Rep- legislation and support it so that we authority, with respect to any lands that are resentatives of the United States of America in the subject of a claim submitted by the tribe can see it signed into law during this Congress assembled, ∑ under section 1 shall not be considered a de- Congress. fense, estoppel, or set-off to such claim, and SECTION 1. ELIGIBILITY OF FORMER PRISONERS shall not otherwise affect the entitlement to, OF WAR TO RECEIVE OUTPATIENT By Mr. BINGAMAN: MEDICAL SERVICES FROM THE DE- S. 616. A bill to amend the Tariff Act or amount of, any relief with respect to such PARTMENT OF VETERANS AFFAIRS. claim. Section 1712(a)(1) of title 38, United States of 1930 to provide parity between the Code, is amended— United States and certain free-trade By Mr. AKAKA (for himself and (1) by striking out ‘‘and’’ at the end of sub- agreement countries with respect to Mr. CRAIG): paragraph (C); the exemption for personal and house- S. 615. A bill to amend title 38, (2) by striking out the period at the end of hold effects purchased abroad by re- United States Code, to require the Sec- subparagraph (D) and inserting in lieu there- turning residents, and for other pur- retary of Veterans Affairs to furnish of ‘‘; and’’; and poses; to the Committee on Finance. outpatient medical services for any (3) by adding at the end the following new subparagraph: BORDER TARIFFS ACT disability of a former prisoner of war; ‘‘(E) to any former prisoner of war for any Mr. BINGAMAN. Mr. President, I rise to the Committee on Veterans’ Affairs. disability.’’. today to offer a bill to correct an in- VETERANS OUTPATIENT HEALTH CARE ACT equity that has developed along our Mr. AKAKA. Mr. President, today I AMERICAN EX-PRISONERS OF WAR, border with Mexico with respect to tar- am introducing legislation that would NATIONAL CAPITAL OFFICE, iffs on goods crossing the border. Washington, DC, March 22, 1995. ensure that all former prisoners of war The United States currently permits Hon. DANIEL K. AKAKA, [POW’s] receive outpatient care pro- U.S. Senate, duty-free entry of $400 of retail goods vided by the Department of Veterans Washington, DC. for personal consumption each month. Affairs [VA]. Under current law, POW’s DEAR SENATOR AKAKA: On behalf of our There is a 10-percent duty on the next with service-connected disabilities are 33,000 members, I want to thank you very 1,000 dollars’ worth of purchases entitled to outpatient medical services. warmly for introducing the bill to guarantee brought into the United States. Mex- However, POW’s with less than 30 per- outpatient care for ex-POWs. ico, by contrast, limits the amount of cent disability may be provided out- This bill, which was passed in 1992 by the Senate, means a great deal to our members. goods that can be imported for per- patient services at the discretion of Several years ago two VA Medical Centers sonal consumption to $50 per day. VA. This distinction is unfair to many discontinued outpatient care to ex-POWs to Goods above that amount have a duty POW’s and fails to recognize the trau- save money. Although outpatient care was of approximately 33 percent. ma and brutality of imprisonment en- restored to those Centers, we never know Mr. President, this difference in pol- dured by all former POW’s. I am when this may occur again. icy obviously hampers trade along our pleased to have Senators CRAIG, ROCKE- Senator Akaka, we consider you a good borders. It is yet another burden on our friend of the former prisoners of war, and we FELLER, and CAMPBELL join me as border businesses, which are also cur- are looking forward to working with your original cosponsors of this measure. colleagues to assure enactment by Congress. rently struggling with the adverse ef- Mr. President, the need for this legis- Again our sincere gratitude to you for in- fects of the peso crisis on the ability of lation is clear. All of America’s POW’s troducing this bill for us. Mexican citizens to purchase goods in deserve to be treated equally. Ameri- Sincerely, the United States. cans would agree that those who served CHARLES S. PRIGMORE, Before introducing this legislation in in defense of our Nation and were im- National Commander. the 103d Congress, I had hoped that this prisoned by the enemy deserve special ∑ Mr. CRAIG. Mr. President, I am problem could be corrected administra- consideration. pleased to be joining my colleague tively. I wrote to the Secretary of

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4582 CONGRESSIONAL RECORD — SENATE March 24, 1995 State about this issue. With my fellow of you know, annual per pupil spending tend. Eighty-six percent of IPS parents border Senators, I also contacted the has tripled in the last 30 years, while participated in this program this year. Commissioner of Customs in our coun- student achievement has dropped dra- I have spoken with educators in a try and President Salinas in Mexico. matically, evidenced by a decrease in district in Indiana who have already All, ultimately, to no avail. average SAT scores of almost 90 points. expressed an interest in the program. I still believe that there are two Clearly, more money is not the solu- Some public school educators have met tracks we can take to persuade the tion. with private and parochial school edu- Government of Mexico to increase its We have to do something soon. In cators and there is a real interest in duty-free limit, and I believe that we inner cities across America, almost testing the concept to see how it should pursue both of them. The first is half of all high school students fail to works, to work out the bugs, and to see to get our Government to negotiate graduate. This is a chilling statistic. if it would actually make a difference. with the Government of Mexico to We should take it as a wake up call. None of you should have any reason equalize the duties. My good friend and Obviously, something is seriously to oppose this bill. It is not a mandate. colleague from Arizona, Senator wrong with our educational system. It is a purely voluntary program for DeConcini, who retired at the end of This bill proposes an option for some those local education associations who the 103d Congress, inserted language in students who are not succeeding in the are interested in broadening the edu- the fiscal year 1995 Commerce, State, public education system. cational opportunities offered in their Justice appropriations report that Our bill is simple. It says, let us allot community. This bill provides a basis would direct the U.S. Trade Represent- a small amount of funds, so that 10 to by which we in Congress can evaluate ative to make doing so a priority. It is 20 demonstration grants can be award- the validity of this particular concept. my understanding that USTR officials ed to local districts around the country If it results in substantially new oppor- have raised the issue in trade talks, who are interested in offering increased tunities for low-income children, then but that the issue has yet to be re- educational opportunities to their stu- shouldn’t such data be offered to school solved. Until it is resolved, I believe dents. The funds granted by this bill districts and education agencies across that we should pursue a second track, will provide assistance to children this country? Why would we not want that of changing the exemption pro- from the lowest-income homes. The to have this information available so vided for in our tariff laws to match children eligible under this program we can make intelligent choices? After that of Mexico’s. Together, these two are those children who qualify for re- all, we are not here to protect a par- actions can help ensure that retail duced or free school lunches. These ticular system. Our bottom line is to businesses on both sides of the border funds will only go to low-income fami- provide the best education opportuni- are on the same footing. lies. And they are to be used to pay for ties to American children. For far too So, today, I rise to again offer legis- education costs at public or private long, we have denied low-income fami- lation that would equalize the amount schools. The parents choose which lies the educational choice that many of personal retail goods that can cross school their child will attend. others have. the border duty-free in either direc- We have incorporated a very strict It is important to understand what tion. This legislation simply says that civil rights and desegregation protec- this bill does not do. It does not force our duty will not be lower than Mexi- tion clause to make sure that partici- choice on anyone. This bill presents a co’s. pating schools can in no way discrimi- purely voluntary program. It will not nate on the basis of race. We also stipu- upset the American public education By Mr. COATS (for himself and late that demonstration projects can- system. Ten to twenty voluntary Mr. LIEBERMAN): not continue if they interfere with choice programs throughout the coun- S. 618. A bill to provide a low-income these desegregation plans. try will not upset public education. school choice demonstration program; The cost of this program will be $30 Furthermore, Federal resources will to the Committee on Labor and Human million and there will be no more than not be drained from any public school Resources. 20 projects. School districts would vol- or education system. The Secretary SCHOOL CHOICE DEMONSTRATION ACT untarily apply for the grants through cannot reduce or deny funds that a Mr. COATS. Mr. President, I rise the secretary of education, and we have public school would otherwise be eligi- today, with my colleague from Con- established some criteria for the sec- ble for, even though students in that necticut, to introduce the School retary to make the determination as to school or school system opted out or Choice Demonstration Act. This bill which districts would be included. numbers decreased. This bill does not will establish 10 to 20 demonstration This bill also requires that a nation- violate civil rights protections. It does projects to study the effects of pro- wide evaluation of the demonstration not destroy public education. In fact, I viding low-income parents and their program be conducted. Up until now, think it enhances public education. children with financial assistance to discussion concerning the actual ef- My home is Fort Wayne, IN. For dec- enable them to select the public or pri- fects of school choice policies has been ades our education system has thrived vate school of their choice. limited by a lack of conclusive data. on competition. We have a vigorous This is a very simple and straight- This bill addresses that need for objec- Catholic school education system in forward bill—we want to enable low-in- tive data. An evaluation will give us a Fort Wayne, IN. We have a Lutheran come parents to choose the school baseline from which to conduct our dis- school system because of our heavy their children attend. They can select a cussion at the Federal level. concentration of people of Lutheran be- public or a private school, but the Many localities are already experi- lief. They have established their own point is that they will be able to make menting with some type of school system. a choice. Up until now, only those fam- choice. My home State of Indiana, for These two systems exist, along with ilies who can afford to send their chil- example, has several existing choice other private education opportunities, dren to private schools have had that initiatives under way. One program, side by side with the public education option. Senator LIEBERMAN and I be- originated by Golden Rule Insurance, system in Fort Wayne and they are all lieve that all families should have the helps low-income children in Indianap- thriving. They are thriving because the opportunity to choose where their chil- olis attend the private school of their parents and students of Fort Wayne dren will be educated. For too long, we choice by awarding them scholarships have a choice. The competition be- have asked everyone to pay for a par- to cover up to half of the tuition costs. tween those three systems has caused ticular type of education without en- There are currently 1,100 students each system to better their education suring that people have a say in what being sponsored, and 650 kids are on program to compete with each other they receive for their money. the waiting list. Our public schools are for the students, and they work hand in American education has reached a also experimenting with choice. Indi- hand. Parents in Fort Wayne have op- critical point. Time has taught us that anapolis public schools, for example, portunities which parents in many we cannot simply throw more and more has initiated the select schools pro- States and areas do not have. money at the public schools, and rely gram, by which parents can choose This bill says that it is time for low- on that to improve education. As many which IPS school their child will at- income families to have the same

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4583 choice concerning their child’s school any fiscal year, the Secretary shall award (1) in which choice schools offer an enroll- that those who can afford to send their grants to eligible entities to enable such en- ment opportunity to the broadest range of kids to private schools already have. tities to carry out at least 10, but not more eligible children; Let’s try this limited demonstration than 20, demonstration projects under which (2) that involve diverse types of choice low-income parents receive education certifi- schools; and project and see if it improves the edu- cates for the costs of enrolling their eligible (3) that will contribute to the geographic cation of some of America’s neediest children in a choice school. diversity of demonstration projects assisted children. (2) AMOUNT.—The Secretary shall award under this Act, including awarding grants Mr. President, I ask unanimous con- grants under paragraph (1) for fiscal year for demonstration projects in States that are sent that the text of the bill be printed 1996 so that— primarily rural and awarding grants for dem- in the RECORD. (A) not more than 2 grants are awarded in onstration projects in States that are pri- There being no objection, the bill was amounts of $5,000,000 or less; and marily urban. (B) grants not described in subparagraph SEC. 7. APPLICATIONS. ordered to be printed in the RECORD, as (A) are awarded in amounts of $3,000,000 or (a) IN GENERAL.—Any eligible entity that follows: less. wishes to receive a grant under this Act S. 618 (3) CONTINUING ELIGIBILITY.—The Secretary shall submit an application to the Secretary Be it enacted by the Senate and House of Rep- shall continue a demonstration project under at such time and in such manner as the Sec- resentatives of the United States of America in this Act by awarding a grant under para- retary may prescribe. Congress assembled, graph (1) to an eligible entity that received (b) CONTENTS.—Each application described in subsection (a) shall contain— SECTION 1. SHORT TITLE. such a grant for a fiscal year preceding the fiscal year for which the determination is (1) information demonstrating the eligi- This Act may be cited as the ‘‘Low-Income bility for participation in the demonstration School Choice Demonstration Act of 1995’’. made, if the Secretary determines that such eligible entity was in compliance with this program of the eligible entity; SEC. 2. PURPOSE. Act for such preceding fiscal year. (2) with respect to choice schools— The purpose of this Act is to determine the (A) a description of the standards used by effects on students and schools of providing (c) USE OF GRANTS.—Grants awarded under the eligible entity to determine which public financial assistance to low-income parents subsection (b) shall be used to pay the costs and private schools are within a reasonable to enable such parents to select the public or of— commuting distance of eligible children and private schools their children will attend. (1) providing education certificates to low- present a reasonable commuting cost for income parents to enable such parents to pay SEC. 3. DEFINITIONS. such eligible children; the tuition, the fees, the allowable costs of As used in this Act— (B) a description of the types of potential transportation, if any, and the costs of com- (1) the term ‘‘choice school’’ means any choice schools that will be involved in the plying with section 9(a)(1), if any, for their public or private school, including a private demonstration project; eligible children to attend a choice school; sectarian school or a public charter school, (C)(i) a description of the procedures used and that is involved in a demonstration project to encourage public and private schools to be (2) administration of the demonstration assisted under this Act; involved in the demonstration project; and project, which shall not exceed 15 percent of (2) the term ‘‘eligible child’’ means a child (ii) a description of how the eligible entity the amount received in the first fiscal year in grades 1 through 12 who is eligible for free will annually determine the number of for which the eligible entity provides edu- or reduced price lunches under the National spaces available for eligible children in each cation certificates under this Act or 10 per- School Lunch Act; choice school; cent in any subsequent year, including— (3) the term ‘‘eligible entity’’ means a pub- (D) an assurance that each choice school (A) seeking the involvement of choice lic agency, institution, or organization, such will not impose higher standards for admis- schools in the demonstration project; as a State, a State or local educational agen- sion or participation in its programs and ac- (B) providing information about the dem- cy, a consortium of public agencies, or a con- tivities for eligible children provided edu- onstration project, and the schools involved sortium of public and private nonprofit orga- cation certificates under this Act than the in the demonstration project, to parents of nizations, that can demonstrate, to the sat- choice school does for other children; eligible children; isfaction of the Secretary, its ability to— (E) an assurance that each choice school (C) making determinations of eligibility (A) receive, disburse, and account for Fed- operated, for at least 1 year prior to accept- for participation in the demonstration eral funds; and ing education certificates under this Act, an project for eligible children; (B) carry out the activities described in its educational program similar to the edu- (D) selecting students to participate in the cational program for which such choice application under this Act; demonstration project; school will accept such education certifi- (4) the term ‘‘evaluating agency’’ means (E) determining the amount of, and cates; any academic institution, consortium of pro- issuing, education certificates; (F) an assurance that the eligible entity fessionals, or private or nonprofit organiza- (F) compiling and maintaining such finan- will terminate the involvement of any choice tion, with demonstrated experience in con- cial and programmatic records as the Sec- school that fails to comply with the condi- ducting evaluations, that is not an agency or retary may prescribe; and tions of its involvement in the demonstra- instrumentality of the Federal Government; (G) collecting such information about the tion project; and (5) the term ‘‘local educational agency’’ effects of the demonstration project as the (G) a description of the extent to which has the same meaning given such term in evaluating agency may need to conduct the choice schools will accept education certifi- section 14101 of the Elementary and Sec- evaluation described in section 11. cates under this Act as full or partial pay- ondary Education Act of 1965; ment for tuition and fees; (6) the term ‘‘parent’’ includes a legal (d) SPECIAL RULE.—Any school partici- (3) with respect to the participation in the guardian or other individual acting in loco pating in the demonstration program under demonstration project of eligible children— parentis; this Act shall comply with title VI of the (A) a description of the procedures to be (7) the term ‘‘school’’ means a school that Civil Rights Act of 1964 and not discriminate used to make a determination of eligibility provides elementary education or secondary on the basis of race, color, or national origin. for participation in the demonstration education (through grade 12), as determined SEC. 6. AUTHORIZED PROJECTS; PRIORITY. project for an eligible child, which shall in- under State law; and (a) AUTHORIZED PROJECTS.—The Secretary clude— (8) the term ‘‘Secretary’’ means the Sec- may award a grant under this Act only for a (i) the procedures used to determine eligi- retary of Education. demonstration project that— bility for free or reduced price lunches under SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (1) involves at least one local educational the National School Lunch Act; or There are authorized to be appropriated agency that— (ii) any other procedure, subject to the $30,000,000 for fiscal year 1996, and such sums (A) receives funds under section 1124A of Secretary’s approval, that accurately estab- as may be necessary for each of the fiscal the Elementary and Secondary Education lishes the eligibility for such participation years 1997 and 1998, to carry out this Act. Act of 1965; and for an eligible child; SEC. 5. PROGRAM AUTHORIZED. (B) is among the 20 percent of local edu- (B) a description of the procedures to be (a) RESERVATION.—From the amount ap- cational agencies receiving funds under sec- used to ensure that, in selecting eligible propriated pursuant to the authority of sec- tion 1124A of such Act in the State and hav- children to participate in the demonstration tion 4 in any fiscal year, the Secretary shall ing the highest number of children described project, the eligible entity will— reserve and make available to the Comp- in section 1124(c) of such Act; and (i) apply the same criteria to both public troller General of the United States 5 per- (2) includes the involvement of a sufficient and private school eligible children; and cent for evaluation of programs assisted number of public and private choice schools, (ii) give priority to eligible children from under this Act in accordance with section 11. in the judgment of the Secretary, to allow the lowest income families; (b) GRANTS.— for a valid demonstration project. (C) a description of the procedures to be (1) IN GENERAL.—From the amount appro- (b) PRIORITY.—In awarding grants under used to ensure maximum choice of schools priated pursuant to the authority of section this Act, the Secretary shall give priority to for participating eligible children, including 4 and not reserved under subsection (a) for demonstration projects— procedures to be used when—

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(i) the number of parents provided edu- (i) the tuition charged by such school for (1) SECTARIAN INSTITUTIONS.—Nothing in cation certificates under this Act who desire such eligible child in such preceding year; this Act shall be construed to supersede or to enroll their eligible children in a par- and modify any provision of a State constitution ticular choice school exceeds the number of (ii) the amount of the education certifi- or State law that prohibits the expenditure eligible children that the choice school will cates under this Act that are provided to of public funds in or by sectarian institu- accept; and other eligible children. tions, except that no provision of a State (ii) grant funds and funds from local (3) SPECIAL RULE.—An eligible entity may constitution or State law shall be construed sources are insufficient to support the total provide an education certificate under this to prohibit the expenditure in or by sec- cost of choices made by parents with edu- Act to the parent of an eligible child who tarian institutions of any Federal funds pro- cation certificates under this Act; and chooses to attend a school that does not vided under this Act. (D) a description of the procedures to be charge tuition or fees, to pay the additional (2) DESEGREGATION PLANS.—Nothing in this used to ensure compliance with section reasonable costs of transportation directly Act shall be construed to interfere with any 9(a)(1), which may include— attributable to the eligible child’s participa- desegregation plans that involve school at- (i) the direct provision of services by a tion in the demonstration project or the cost tendance areas affected by this Act. local educational agency; and of complying with section 9(a)(1). SEC. 10. PARENTAL NOTIFICATION. (ii) arrangements made by a local edu- (b) ADJUSTMENT.—The amount of the edu- Each eligible entity receiving a grant cational agency with other service providers; cation certificate for a fiscal year may be ad- under this Act shall provide timely notice of (4) with respect to the operation of the justed in the second and third years of an eli- the demonstration project to parents of eli- demonstration project— gible child’s participation in a demonstra- gible children residing in the area to be (A) a description of the geographic area to tion project under this Act to reflect any in- served by the demonstration project. At a be served; crease or decrease in the tuition, fees, or minimum, such notice shall— (B) a timetable for carrying out the dem- transportation costs directly attributable to (1) describe the demonstration project; onstration project; that eligible child’s continued attendance at (2) describe the eligibility requirements for (C) a description of the procedures to be a choice school, but shall not be increased participation in the demonstration project; used for the issuance and redemption of edu- for this purpose by more than 10 percent of (3) describe the information needed to cation certificates under this Act; the amount of the education certificate for make a determination of eligibility for par- (D) a description of the procedures by the fiscal year preceding the fiscal year for ticipation in the demonstration project for which a choice school will make a pro rata which the determination is made. The an eligible child; refund of the education certificate under this amount of the education certificate may also (4) describe the selection procedures to be Act for any participating eligible child who be adjusted in any fiscal year to comply with used if the number of eligible children seek- withdraws from the school for any reason, section 9(a)(1). ing to participate in the demonstration before completing 75 percent of the school (c) MAXIMUM AMOUNT.—Notwithstanding project exceeds the number that can be ac- attendance period for which the education any other provision of this section, the commodated in the demonstration project; certificate was issued; amount of an eligible child’s education cer- (5) provide information about each choice (E) a description of the procedures to be tificate shall not exceed the per pupil ex- school, including information about any ad- used to provide the parental notification de- penditure for elementary or secondary edu- mission requirements or criteria for each scribed in section 10; cation, as appropriate, by the local edu- choice school participating in the dem- (F) an assurance that the eligible entity cational agency in which the public school to onstration project; and will place all funds received under this Act which the eligible child would normally be (6) include the schedule for parents to into a separate account, and that no other assigned is located for the fiscal year pre- apply for their eligible children to partici- funds will be placed in such account; ceding the fiscal year for which the deter- pate in the demonstration project. mination is made. (G) an assurance that the eligible entity SEC. 11. EVALUATION. (d) INCOME.—An education certificate will provide the Secretary periodic reports (a) ANNUAL EVALUATION.— on the status of such funds; under this Act, and funds provided under the education certificate, shall not be treated as (1) CONTRACT.—The Comptroller General of (H) an assurance that the eligible entity the United States shall enter into a con- will cooperate with the Comptroller General income of the parents for purposes of Federal tax laws or for determining eligibility for tract, with an evaluating agency that has of the United States and the evaluating demonstrated experience in conducting eval- agency in carrying out the evaluations de- any other Federal program. SEC. 9. EFFECT ON OTHER PROGRAMS; USE OF uations, for the conduct of an ongoing rig- scribed in section 11; and orous evaluation of the demonstration pro- (I) an assurance that the eligible entity SCHOOL LUNCH DATA. (a) EFFECT ON OTHER PROGRAMS.— gram under this Act. will— (1) IN GENERAL.—An eligible child partici- (2) ANNUAL EVALUATION REQUIREMENT.—The (i) maintain such records as the Secretary pating in a demonstration project under this contract described in paragraph (1) shall re- may require; and Act, who, in the absence of such a dem- quire the evaluating agency entering into (ii) comply with reasonable requests from onstration project, would have received serv- such contract to annually evaluate each the Secretary for information; and ices under part A of title I of the Elementary demonstration project under this Act in ac- (5) such other assurances and information and Secondary Education Act of 1965 shall be cordance with the evaluation criteria de- as the Secretary may require. provided such services. scribed in subsection (b). SEC. 8. EDUCATION CERTIFICATES. (2) PART B OF THE INDIVIDUALS WITH DIS- (3) TRANSMISSION.—The contract described (a) EDUCATION CERTIFICATES.— ABILITIES EDUCATION ACT.—Nothing in this in paragraph (1) shall require the evaluating (1) AMOUNT.—The amount of an eligible Act shall be construed to affect the require- agency entering into such contract to trans- child’s education certificate under this Act ments of part B of the Individuals with Dis- mit to the Comptroller General of the United shall be determined by the eligible entity, abilities Education Act. States— but shall be an amount that provides to the (b) COUNTING OF ELIGIBLE CHILDREN.—Not- (A) the findings of each annual evaluation recipient of the education certificate the withstanding any other provision of law, any under paragraph (1); and maximum degree of choice in selecting the local educational agency participating in a (B) a copy of each report received pursuant choice school the eligible child will attend. demonstration project under this Act may to section 12(a) for the applicable year. (2) CONSIDERATIONS.— count eligible children who, in the absence of (b) EVALUATION CRITERIA.—The Comp- (A) IN GENERAL.—Subject to such regula- such a demonstration project, would attend troller General of the United States, in con- tions as the Secretary shall prescribe, in de- the schools of such agency, for purposes of sultation with the Secretary, shall establish termining the amount of an education cer- receiving funds under any program adminis- minimum criteria for evaluating the dem- tificate under this Act an eligible entity tered by the Secretary. onstration program under this Act. Such cri- shall consider— (c) SPECIAL RULE.—Notwithstanding sec- teria shall provide for— (i) the additional reasonable costs of trans- tion 9 of the National School Lunch Act, an (A) a description of the implementation of portation directly attributable to the eligi- eligible entity receiving a grant under this each demonstration project under this Act ble child’s participation in the demonstra- Act may use information collected for the and the demonstration project’s effects on tion project; and purpose of determining eligibility for free or all participants, schools, and communities in (ii) the cost of complying with section reduced price lunches to determine an eligi- the demonstration project area, with par- 9(a)(1). ble child’s eligibility to participate in a dem- ticular attention given to the effect of par- (B) SCHOOLS CHARGING TUITION.—If an eligi- onstration project under this Act and, if ent participation in the life of the school and ble child participating in a demonstration needed, to rank families by income, in ac- the level of parental satisfaction with the project under this Act was attending a public cordance with section 7(b)(3)(B)(ii). All such demonstration program; and or private school that charged tuition for the information shall otherwise remain con- (B) a comparison of the educational year preceding the first year of such partici- fidential, and information pertaining to in- achievement of all students in the dem- pation, then in determining the amount of come may be disclosed only to persons who onstration project area, including a compari- an education certificate for such eligible need that information for the purposes of a son of— child under this Act the eligible entity shall demonstration project under this Act. (i) students receiving education certifi- consider— (d) CONSTRUCTION.— cates under this Act; and

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4585 (ii) students not receiving education cer- the same options other kids have. For look forward to continuing to work tificates under this Act. some that may mean another public with him to ensure our children have SEC. 12. REPORTS. school, for others a private or paro- the education and opportunity they de- (a) REPORT BY GRANT RECIPIENT.—Each eli- chial school. serve. gible entity receiving a grant under this Act Private school choice opens doors for shall submit to the evaluating agency enter- children in our poorest neighborhoods, By Mr. SMITH (for himself, Mr. ing into the contract under section 11(a)(1) where religious schools—particularly an annual report regarding the demonstra- LAUTENBERG, Mr. FAIRCLOTH, tion project under this Act. Each such report Catholic schools—often have had better Mr. MCCONNELL, Mr. SIMON, Mr. shall be submitted at such time, in such results than public schools. I have long MACK, Mr. BOND, Mr. GRAHAM, manner, and accompanied by such informa- believed what some research has Mr. LIEBERMAN, Mr. WARNER tion, as such evaluating agency may require. shown—that the success of parochial and Mr. REID): (b) REPORTS BY COMPTROLLER GENERAL.— schools is in part due to their students’ S. 619. A bill to phase out the use of (1) ANNUAL REPORTS.—The Comptroller and teachers’ shared beliefs and strong mercury in batteries and provide for General of the United States shall report an- moral values. Lower-income parents the efficient and cost-effective collec- nually to the Congress on the findings of the who want their kids to learn in a reli- annual evaluation under section 11(a)(2) of tion and recycling or proper disposal of each demonstration project under this Act. gious environment should have that used nickel cadmium batteries, small Each such report shall contain a copy of— chance, just as wealthier parents do. sealed lead-acid batteries, and certain (A) the annual evaluation under section Some fear that school choice pro- other batteries, and for other purposes; 11(a)(2) of each demonstration project under grams will hurt our public schools, but to the Committee on Environment and this Act; and I think choice will help revitalize pub- Public Works. (B) each report received under subsection lic education. A national panel of ex- (a) for the applicable year. perts, the Panel on the Economics of f (2) FINAL REPORT.—The Comptroller Gen- Educational Reform, recently con- eral shall submit a final report to the Con- cluded that public schools have few in- gress within 9 months after the conclusion of centives for innovation. Good, effective THE MERCURY-CONTAINING AND the demonstration program under this Act teachers are often not rewarded by RECHARGEABLE BATTERY MAN- that summarizes the findings of the annual AGEMENT ACT evaluations conducted pursuant to section greater pay. Programs are rarely eval- 11(a)(2). uated systematically to see if they are MR. SMITH. Mr. President, today I Mr. LIEBERMAN. Mr. President, I working. am introducing the Mercury-Con- am very pleased to join Senator COATS Choice programs and charter school taining and Rechargeable Battery Man- today to introduce the Low-Income programs hold schools accountable for agement Act. I am pleased to be joined School Choice Demonstration Act. I results. Voucher programs let parents by Senators LAUTENBERG, FAIRCLOTH, and students reward good schools—pub- know Senator COATS shares my deep MCCONNELL, LIEBERMAN, SIMON, MACK, commitment to improving education. lic or private schools—with their busi- BOND, GRAHAM, WARNER and REID. This All of our children deserve and need ness. That increased competition may legislation is urgently needed to re- the best possible academic instruction. help those students who stay put as move Federal barriers detrimental to Increasing school choice will help give well as those who choose to attend a much-needed State and local recycling new school. more children the opportunity they de- programs for batteries commonly As a U.S. Senator I have worked to serve. found in cordless products such as port- promote public and private school Our bill authorizes up to 20 dem- able telephones, laptop computers, choice. Last year Congress passed leg- onstration projects to determine the tools, and toys. islation, which I had co-authored, to effects on students and schools of pro- Since 1992, Federal battery legisla- promote the establishment of charter viding education vouchers to low-in- tion has been approved in various con- schools—public schools that are freed come parents for their children. Par- gressional forums, including passage by from burdensome regulatory require- ents would use the vouchers to choose the Senate in 1994, but it did not be- ments and are instead held accountable come law because the legislation to the public or private school their child for improving the performance of their would attend. The demonstration pro- which it was attached did not move students. I am pleased that Congress forward. Our bill, which is virtually grams will give participating children made a commitment to public school new opportunities, and will provide identical to the Senate passed provi- choice, and will work to ensure the new sions last year, would— those participating children new oppor- program the rapidly growing interest tunities, and will provide those of us First, facilitate the efficient and cost in charter schools. effective collection and recycling or seeking to strengthen education with a This year Senator COATS and I are in- proper disposal of used nickel cadmium fair evaluation of private school choice troducing legislation that establishes programs. demonstration programs that provide [Ni-Cd] and certain other batteries by: Education in America is in need of parents with the ability to choose pri- establishing a coherent national sys- change. We are failing too many of our vate or public schools, including public tem of labeling for batteries and prod- children. The performance of our kids charter schools and private parochial ucts; streamlining the regulatory re- lags behind that of children living in schools. The demonstrations will allow quirements for battery collection pro- those countries we compete with in the low-income children to attend the pub- grams for regulated batteries; and en- global marketplace. While we have lic or private school of their choice. couraging voluntary industry programs many fine schools, we have too many The bill will also fund evaluations so by eliminating barriers to funding the that do not give our children what they that we can learn more about how collection and recycling or proper dis- need to succeed. voucher programs affect public and pri- posal of used rechargeable batteries; I have visited many excellent public vate schools, and how they affect our and schools in Connecticut, and have met children’s ability to learn. Second, phase out the use of mercury countless dedicated and effective Improving public education is and in batteries. teachers and administrators. I com- must be our country’s top priority. Without this legislation, States and mand them for their work and am com- What we are trying to do is find new industry face Federal barriers to im- mitted to supporting their efforts. At ways to accomplish that goal. School plementing State battery recycling the same time, it is clear that the pub- choice programs should be tested. They programs across the country. Thirteen lic schools are not working for all stu- create competition for failing bureauc- States, including New Hampshire, have dents, particularly in our poorest com- racies and failing schools. They reward enacted legislation requiring that Ni- munities. We have a responsibility to public and private schools that work. Cd and small sealed lead-acid batteries seek more effective ways to address the And, most important, they give our be labeled and are easily removable needs of these children. poorest students the chance for a bet- from consumer products. Of these 13 School choice programs expand op- ter education and a better life. States, 9 have enacted legislation call- portunity for low-income children. Mr. President, I thank Senator COATS ing for the collection of Ni-Cd and They provide low-income children with for his leadership on this bill, and I small-sealed lead-acid batteries.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4586 CONGRESSIONAL RECORD — SENATE March 24, 1995 Mr. President, although industry has effective collection and recycling or proper (A) contains a cadmium or a lead electrode developed a national collection pro- disposal of used nickel cadmium batteries, or any combination of cadmium and lead gram to comply with these laws, with- small sealed lead-acid batteries, and other electrodes; or out enactment of a Federal bill, EPA’s regulated batteries; and (B) contains other electrode chemistries (B) educate the public concerning the col- and is the subject of a determination by the current regulatory requirements pre- lection, recycling, and proper disposal of Administrator under section 103(d). clude industry from fully imple- such batteries; (8) REMANUFACTURED PRODUCT.—The term menting this program and from com- (2) uniform national labeling requirements ‘‘remanufactured product’’ means a re- plying with the State collection re- for regulated batteries, rechargeable con- chargeable consumer product that has been quirements. Regulatory changes cur- sumer products, and product packaging will altered by the replacement of parts, repack- rently under consideration, even if pro- significantly benefit programs for regulated aged, or repaired after initial sale by the mulgated, will not provide the nec- battery collection and recycling or proper original manufacturer. essary solution. Additional lengthy disposal; and SEC. 4. INFORMATION DISSEMINATION. (3) it is in the public interest to encourage rulemaking procedures would also be The Administrator shall, in consultation persons who use rechargeable batteries to with representatives of rechargeable battery necessary to make the regulation oper- participate in collection for recycling of used manufacturers, rechargeable consumer prod- ational on a national basis. Further, nickel-cadmium, small sealed lead-acid, and uct manufacturers, and retailers, establish a we would still lack a coherent national other regulated batteries. program to provide information to the public system of labeling, which is necessary SEC. 3. DEFINITIONS. concerning the proper handling and disposal to facilitate nationwide marketing of In this Act: of used regulated batteries and rechargeable batteries and products while advancing (1) ADMINISTRATOR.—The term ‘‘Adminis- consumer products with nonremovable bat- a national battery collection program. trator’’ means the Administrator of the En- teries. Federal legislation is the only real so- vironmental Protection Agency. SEC. 5. ENFORCEMENT. lution to removing the barriers to com- (2) BUTTON CELL.—The term ‘‘button cell’’ (a) CIVIL PENALTY.—When on the basis of means a button- or coin-shaped battery. any information the Administrator deter- plying with State battery recycling (3) EASILY REMOVABLE.—The term ‘‘easily mines that a person has violated or is in vio- laws, and to achieving a comprehensive removable’’, with respect to a battery, lation of any requirement of this Act, the recycling program. means detachable or removable at the end of Administrator— The prompt passage of this legisla- the life of the battery— (1) in the case of a willful violation, may tion will achieve a number of impor- (A) from a consumer product by a con- issue an order assessing a civil penalty of not tant goals. First, by establishing uni- sumer with the use of common household more than $10,000 for each violation and re- form national standards to promote tools; or quiring compliance immediately or within a the recycling and reuse of rechargeable (B) by a retailer of replacements for a bat- reasonable specified time period, or both; or batteries, this legislation provides a tery used as the principal electrical power (2) in the case of any violation, may com- source for a vehicle. mence a civil action in the United States cost effective means to promote the (4) MERCURIC-OXIDE BATTERY.—The term district court in the district in which the reuse of our Nation’s resources. Sec- ‘‘mercuric-oxide battery’’ means a battery violation occurred for appropriate relief, in- ond, our bill will further strengthen ef- that uses a mercuric-oxide electrode. cluding a temporary or permanent injunc- forts to remove these potentially toxic (5) RECHARGEABLE BATTERY.—The term tion. heavy metals from our Nation’s land- ‘‘rechargeable battery’’— (b) CONTENTS OF ORDER.—An order under fills and incinerators. Not only will (A) means 1 or more voltaic or galvanic subsection (a)(1) shall state with reasonable this lower the threat of groundwater cells, electrically connected to produce elec- specificity the nature of the violation. (c) CONSIDERATIONS.—In assessing a civil contamination and toxic air emissions, tric energy, that is designed to be recharged for repeated uses; and penalty under subsection (a)(1), the Adminis- but it will also significantly reduce the (B) includes any type of enclosed device or trator shall take into account the serious- threat that these materials pose to the sealed container consisting of 1 or more such ness of the violation and any good faith ef- environment. Third, this legislation cells, including what is commonly called a forts to comply with applicable require- represents an environmentally friendly battery pack (and in the case of a battery ments. policy choice that was developed as the pack, for the purposes of the requirements of (d) FINALITY OF ORDER; REQUEST FOR HEAR- result of a strong cooperative effort be- easy removability and labeling under section ING.—An order under subsection (a)(1) shall 103, means the battery pack as a whole rath- become final unless, not later than 30 days tween the States, environmental after the order is served, a person named in groups and the affected industries. Our er than each component individually); but (C) does not include— the order requests a hearing on the record. bill is strongly supported by the Elec- (i) a lead-acid battery used to start an in- (e) HEARING.—On receiving a request under tronic Industries Association [EIA], ternal combustion engine or as the principal subsection (d), the Administrator shall the Portable Rechargeable Battery As- electrical power source for a vehicle, such as promptly conduct a hearing on the record. sociation [PRBA], and the National an automobile, a truck, construction equip- (f) SUBPOENA POWER.—In connection with Electrical Manufacturers Association ment, a motorcycle, a garden tractor, a golf any hearing on the record under this section, [NEMA]. For all of the reasons cited cart, a wheelchair, or a boat; the Administrator may issue subpoenas for (ii) a lead-acid battery used for load lev- the attendance and testimony of witnesses above, I believe that this legislation and for the production of relevant papers, provides a substantial win-win from eling or for storage of electricity generated by an alternative energy source, such as a books, and documents. both an environmental as well as an solar cell or wind-driven generator; (g) CONTINUED VIOLATION AFTER EXPIRATION economic standpoint. (iii) a battery used as a backup power OF PERIOD FOR COMPLIANCE.—If a violator Mr. President, I urge my colleagues source for memory or program instruction fails to take corrective action within the to cosponsor this important legisla- storage, timekeeping, or any similar purpose time specified in an order under subsection tion, and ask unanimous consent that a that requires uninterrupted electrical power (a)(1), the Administrator may assess a civil copy of the bill, a section-by-section in order to function if the primary energy penalty of not more than $10,000 for the con- tinued noncompliance with the order. outline of the bill be printed in the supply fails or fluctuates momentarily; or (iv) a rechargeable alkaline battery. SEC. 6. INFORMATION GATHERING AND ACCESS. RECORD. (a) RECORDS AND REPORTS.—A person who There being no objection, the mate- (6) RECHARGEABLE CONSUMER PRODUCT.— The term ‘‘rechargeable consumer prod- is required to carry out the objectives of this rial was ordered to be printed in the uct’’— Act, including— RECORD, as follows: (A) means a product that, when sold at re- (1) a regulated battery manufacturer; S. 619 tail, includes a regulated battery as a pri- (2) a rechargeable consumer product manu- Be it enacted by the Senate and House of Rep- mary energy supply, and that is primarily facturer; resentatives of the United States of America in intended for personal or household use; but (3) a mercury-containing battery manufac- Congress assembled, (B) does not include a product that only turer; and SECTION. 1. SHORT TITLE. uses a battery solely as a source of backup (4) an authorized agent of a person de- This Act may be cited as the ‘‘Mercury- power for memory or program instruction scribed in subparagraph (A), (B), or (C), Containing and Rechargeable Battery Man- storage, timekeeping, or any similar purpose shall establish and maintain such records agement Act’’. that requires uninterrupted electrical power and report such information as the Adminis- SEC. 2. FINDINGS. in order to function if the primary energy trator may by regulation reasonably require Congress finds that— supply fails or fluctuates momentarily. to carry out the objectives of this Act. (1) it is in the public interest to— (7) REGULATED BATTERY.—The term ‘‘regu- (b) ACCESS AND COPYING.—The Adminis- (A) phase out the use of mercury in bat- lated battery’’ means a rechargeable battery trator or the Administrator’s authorized rep- teries and provide for the efficient and cost- that— resentative, on presentation of credentials of

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4587 the Administrator, may at reasonable times (2) on each rechargeable consumer product sumer product that is not identical to the re- have access to and copy any records required containing a regulated battery that is not quirement or regulation. to be maintained under subsection (a). easily removable, the phrase ‘‘CONTAINS (f) EXEMPTIONS.— (c) CONFIDENTIALITY.—The Administrator NICKEL-CADMIUM BATTERY. BATTERY (1) IN GENERAL.—With respect to any re- shall maintain the confidentiality of docu- MUST BE RECYCLED OR DISPOSED OF chargeable consumer product, any person ments and records that contain proprietary PROPERLY.’’ or ‘‘CONTAINS SEALED may submit an application to the Adminis- information. LEAD BATTERY. BATTERY MUST BE RE- trator for an exemption from the require- SEC. 7. STATE AUTHORITY. CYCLED.’’, as applicable; and ments of subsection (a) in accordance with Except as provided in sections 103(e) and (3) on the packaging of each rechargeable the procedures under paragraph (2). The ap- 104, nothing in this Act shall be construed to consumer product, and the packaging of each plication shall include the following infor- prohibit a State from enacting and enforcing regulated battery sold separately from such mation: a standard or requirement that is more a product, unless the required label is clearly (A) A statement of the specific basis for stringent than a standard or requirement es- visible through the packaging, the phrase the request for the exemption. tablished or promulgated under this Act. ‘‘CONTAINS NICKEL-CADMIUM BATTERY. (B) The name, business address, and tele- BATTERY MUST BE RECYCLED OR DIS- phone number of the applicant. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. POSED OF PROPERLY.’’ or ‘‘CONTAINS (2) GRANTING OF EXEMPTION.—Not later There are authorized to be appropriated SEALED LEAD BATTERY. BATTERY than 60 days after receipt of an application such sums as are necessary to carry out this MUST BE RECYCLED.’’, as applicable. under paragraph (1), the Administrator shall Act. (c) EXISTING OR ALTERNATIVE LABELING.— approve or deny the application. On approval TITLE I—RECHARGEABLE BATTERY (1) INITIAL PERIOD.—For a period of 2 years of the application the Administrator shall RECYCLING ACT after the date of enactment of this Act, regu- grant an exemption to the applicant. The ex- SEC. 101. SHORT TITLE. lated batteries, rechargeable consumer prod- emption shall be issued for a period of time This title may be cited as the ‘‘Recharge- ucts containing regulated batteries, and re- that the Administrator determines to be ap- able Battery Recycling Act’’. chargeable consumer product packages that propriate, except that the period shall not are labeled in substantial compliance with SEC. 102. PURPOSE. exceed 2 years. The Administrator shall subsection (b) shall be deemed to comply The purpose of this title is to facilitate the grant an exemption on the basis of evidence with the labeling requirements of subsection efficient recycling or proper disposal of used supplied to the Administrator that the man- (b). nickel-cadmium rechargeable batteries, used ufacturer has been unable to commence man- (2) CERTIFICATION.— small sealed lead-acid rechargeable bat- ufacturing the rechargeable consumer prod- (A) IN GENERAL.—On application by persons teries, other regulated batteries, and such uct in compliance with the requirements of subject to the labeling requirements of sub- rechargeable batteries in used consumer this section and with an equivalent level of section (b) or the labeling requirements pro- products, by— product performance without the product— mulgated by the Administrator under sub- (1) providing for uniform labeling require- (A) posing a threat to human health, safe- section (d), the Administrator shall certify ments and streamlined regulatory require- ty, or the environment; or that a different label meets the requirements ments for regulated battery collection pro- (B) violating requirements for approvals of subsection (b) or (d), respectively, if the grams; and from governmental agencies or widely recog- different label— (2) encouraging voluntary industry pro- nized private standard-setting organizations (i) conveys the same information as the grams by eliminating barriers to funding the (including Underwriters Laboratories). label required under subsection (b) or (d), re- collection and recycling or proper disposal of (3) RENEWAL OF EXEMPTION.—A person spectively; or used rechargeable batteries. granted an exemption under paragraph (2) (ii) conforms with a recognized inter- may apply for a renewal of the exemption in SEC. 103. RECHARGEABLE CONSUMER PRODUCTS national standard that is consistent with the AND LABELING. accordance with the requirements and proce- overall purposes of this title. dures described in paragraphs (1) and (2). The (a) PROHIBITION.— (B) CONSTRUCTIVE CERTIFICATION.—Failure Administrator may grant a renewal of such (1) IN GENERAL.—No person shall sell for of the Administrator to object to an applica- use in the United States a regulated battery an exemption for a period of not more than tion under subparagraph (A) on the ground 2 years after the date of the granting of the that is ready for retail sale or a rechargeable that a different label does not meet either of consumer product that is ready for retail renewal. the conditions described in subparagraph (A) SEC. 104. REQUIREMENTS. sale, which was manufactured on or after the (i) or (ii) within 120 days after the date on date that is 12 months after the date of en- For the purposes of carrying out the col- which the application is made shall con- lection, storage, transportation, and recy- actment of this Act, unless— stitute certification for the purposes of this (A) in the case of a regulated battery, the cling or proper disposal of used rechargeable Act. batteries, batteries described in section regulated battery— (d) RULEMAKING AUTHORITY OF THE ADMIN- (i) is easily removable from the recharge- 3(3)(C) or in title II, and used rechargeable ISTRATOR.— consumer products containing rechargeable able consumer product; or (1) IN GENERAL.—If the Administrator de- (ii) is sold separately; and batteries that are not easily removable re- termines that other rechargeable batteries chargeable batteries, persons involved in col- (B) in the case of a regulated battery or re- having electrode chemistries different from chargeable consumer product, the labeling lecting, storing, or transporting such bat- regulated batteries are toxic and may cause teries or products to a facility for recycling requirements of subsection (b) are met. substantial harm to human health and the or proper disposal shall, notwithstanding (2) APPLICATION.—Paragraph (1) does not environment if discarded into the solid waste any other law, be regulated in the same man- apply to a sale of— stream for land disposal or incineration, the (A) a remanufactured product unit unless ner and with the same limitations as if the Administrator may, with the advice and persons were collecting, storing, or trans- paragraph (1) applied to the sale of the unit counsel of State regulatory authorities and when originally manufactured; or porting batteries subject to subpart G of part manufacturers of rechargeable batteries and 266 of title 40, Code of Federal Regulations, (B) a product unit intended for export pur- rechargeable consumer products, and after poses only. as in effect on January 1, 1993, except that public comment— sections 264.76, 265.76, and 268.7 of that title (b) LABELING.—Each regulated battery or (A) promulgate labeling requirements for shall not apply. rechargeable consumer product without an the batteries with different electrode chem- easily removable battery manufactured on or SEC. 105. COOPERATIVE EFFORTS. istries, rechargeable consumer products con- Notwithstanding any other law, if 2 or after the date that is 1 year after the date of taining such batteries that are not easily re- enactment of this Act, whether produced do- more persons who participate in projects or movable batteries, and packaging for the programs to collect and properly manage mestically or imported, shall be labeled batteries and products; and with— used rechargeable batteries or products pow- (B) promulgate requirements for easy re- ered by rechargeable batteries advise the Ad- (1)(A) 3 chasing arrows or a comparable re- movability of regulated batteries from re- cycling symbol; ministrator of their intent, the persons may chargeable consumer products designed to agree to develop jointly, or to share in the (B)(i) on each nickel-cadmium battery, the contain such batteries. chemical name or the abbreviation ‘‘Ni-Cd’’; costs of participating in, such a project or (2) SUBSTANTIAL SIMILARITY.—The regula- program and to examine and rely on such and tions promulgated under paragraph (1) shall (ii) on each lead-acid battery, ‘‘Pb’’ or the cost information as is collected during the be substantially similar to the requirements project or program. words ‘‘LEAD’’, ‘‘RETURN’’, and ‘‘RECY- set forth in subsections (a) and (b). CLE’’; (e) UNIFORMITY.—After the effective dates TITLE II—MERCURY-CONTAINING (C) on each nickel-cadmium regulated bat- of a requirement set forth in subsection (a), BATTERY MANAGEMENT ACT tery, the phrase ‘‘BATTERY MUST BE RE- (b), or (c) or a regulation promulgated by the SEC. 201. SHORT TITLE. CYCLED OR DISPOSED OF PROPERLY.’’; Administrator under subsection (d), no Fed- This title may be cited as the ‘‘Mercury- and eral agency, State, or political subdivision of Containing Battery Management Act’’. (D) on each sealed lead acid regulated bat- a State may enforce any easy removability SEC. 202. PURPOSE. tery, the phrase ‘‘BATTERY MUST BE RE- or environmental labeling requirement for a The purpose of this title is to phase out the CYCLED.’’; rechargeable battery or rechargeable con- use of batteries containing mercury.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4588 CONGRESSIONAL RECORD — SENATE March 24, 1995 SEC. 203. LIMITATIONS ON THE SALE OF ALKA- tery, rechargeable battery, rechargeable con- Sec. 202. Purpose LINE-MANGANESE BATTERIES CON- sumer product, regulated battery, and re- The purpose of this Title is to phase out TAINING MERCURY. manufactured product. the use of batteries containing mercury. No person shall sell, offer for sale, or offer Sec. 4. Information Dissemination for promotional purposes any alkaline-man- Sec. 203. Limitations on the Sale of Alkaline- ganese battery manufactured on or after Requires the Administrator to provide in- Manganese Batteries Containing Mercury January 1, 1996, with a mercury content that formation to the public on proper handling No person shall sell, offer for sale, or offer was intentionally introduced (as distin- and disposal of used batteries. for promotional purposes any alkaline-man- guished from mercury that may be inciden- Sec. 5. Enforcement ganese battery manufactured on or after tally present in other materials), except that Gives the Administrator the enforcement January 1, 1996, with a mercury content that the limitation on mercury content in alka- authority found in RCRA, and provides for was intentionally introduced (as distin- line-manganese button cells shall be 25 milli- fines not to exceed $10,000 for willful viola- guished from mercury which may be inciden- grams of mercury per button cell. tions. tally present in other materials), except that SEC. 204. LIMITATIONS ON THE SALE OF ZINC- Sec. 6. Information Gathering and Access the limitation on mercury content in alka- CARBON BATTERIES CONTAINING line-manganese button cells shall be 25 milli- MERCURY. Provides recordkeeping requirements for grams of mercury per button cell. No person shall sell, offer for sale, or offer those subject to the Act, and gives the Ad- ministrator information gathering authority Sec. 204. Limitations on the Sale of Zinc Carbon for promotional purposes any zinc-carbon Batteries Containing Mercury battery manufactured on or after January 1, on battery collection and recycling. No person shall sell, offer for sale, or offer 1996, that contains mercury that was inten- Sec. 7. State Authority for promotional purposes any zinc carbon tionally introduced as described in section Preserves State authority to enact and en- battery manufactured on or after January 1, 203. force standards or requirements more strin- 1996, that contains any mercury that was in- SEC. 205. LIMITATIONS ON THE SALE OF BUTTON gent than a standard or requirement estab- tentionally introduced. CELL MERCURIC-OXIDE BATTERIES. lished or promulgated under this Act, except No person shall sell, offer for sale, or offer as provided in sections 103(e) and 104. Sec. 205. Limitations on the Sale of Button Cell Mercuric-Oxide Batteries for promotional purposes any button cell Sec. 8. Authorization mercuric-oxide battery for use in the United No person shall sell, offer for sale, or offer Funds necessary to implement the require- States on or after January 1, 1996. for promotional purposes in the United ments of this Act are authorized to be appro- States any button cell mercuric-oxide bat- SEC. 206. LIMITATIONS ON THE SALE OF OTHER priated. MERCURIC-OXIDE BATTERIES. tery on or after January 1, 1996. TITLE I. RECHARGEABLE BATTERY RECYCLING (a) PROHIBITION.—On or after January 1, Sec. 206. Limitations on the Sale of Other Mer- ACT 1996, no person shall sell, offer for sale, or curic-Oxide Batteries Sec. 101. Short Title offer for promotional purposes a mercuric On or after January 1, 1996, no person shall oxide battery for use in the United States This Title may be cited as the ‘‘Recharge- sell, offer for sale, or offer for promotional unless the battery manufacturer— able Battery Recycling Act.’’ purposes, non-button cell mercuric-oxide (1) identifies a collection site that has all Sec. 102. Purpose batteries for use in the United States unless required Federal, State, and local govern- The purpose of this Title is to facilitate the battery manufacturer 1) identifies a col- ment approvals, to which persons may send the efficient recycling of used nickel-cad- lection site that has all required government used mercuric-oxide batteries for recycling mium rechargeable batteries, used small approvals, to which persons may send used or proper disposal; sealed lead-acid rechargeable batteries, and mercuric-oxide batteries for recycling or (2) informs each of its purchasers of mer- such rechargeable batteries in used con- proper disposal; and, 2) informs each of its curic-oxide batteries of the collection site sumer products, through uniform labeling re- purchasers of such batteries of such identi- identified under paragraph (1); and quirements, streamlined regulatory require- fied collection site; and 3) informs each of its (3) informs each of its purchasers of mer- ments for regulated battery collection pro- purchasers of such batteries of a telephone curic-oxide batteries of a telephone number grams, and voluntary industry programs by number that the purchaser may call to get that the purchaser may call to get informa- eliminating barriers to funding the collec- information about sending mercuric-oxide tion about sending mercuric-oxide batteries tion and recycling or proper disposal of used batteries for recycling or proper disposal. for recycling or proper disposal. rechargeable batteries. This section does not apply to mercuric- (b) APPLICATION OF SECTION.—This section oxide button cell batteries. does not apply to a sale or offer of a mer- Sec. 103. Rechargeable Consumer Products and Sec. 207. New Product or Use curic oxide button cell battery. Labeling SEC. 207. NEW PRODUCT OR USE. Twelve months after enactment of this Allows persons proposing a new use for battery technology covered by this title or On petition of a person that proposes a new Act, batteries and battery packs containing the use of any such battery in a new product use for a battery technology described in nickel-cadmium or small sealed lead-acid to petition the Administrator for an exemp- this title or the use of a battery described in batteries must be easily removable from re- tion from this title. The Administrator may this title in a new product, the Adminis- chargeable consumer products, and must grant such an exemption, and, if appropriate, trator may exempt from this title the new have specific labeling. The EPA Adminis- require that reasonable safeguards exist to use of the technology or use of battery in the trator may promulgate similar regulations assure that such batteries will not be dis- new product on the condition, if appropriate, for batteries with other electrode chem- posed of in incinerators, composting facili- that there exist reasonable safeguards to en- istries, and shall modify the required label- ties, or landfills (other than a RCRA-regu- sure that the resulting battery or product ing to conform with recognized international lated facility). without an easily removable battery will not standards (e.g., labeling standards adopted be disposed of in an incinerator, composting under NAFTA, GATT, or international facility, or landfill (other than a facility reg- standards organizations). These labeling By Mr. CRAIG (for himself and ulated under subtitle C of the Solid Waste standards would be imposed on batteries na- Mr. DOMENICI): Disposal Act (42 U.S.C. 6291 et seq.). tionwide. Upon petition the EPA Adminis- S. 620. A bill to direct the Secretary trator can grant a 2-year exemption from the of the Interior to convey, upon request, THE MERCURY-CONTAINING AND RECHARGE- easy removability requirements. certain property in Federal reclama- ABLE BATTERY MANAGEMENT ACT—BILL Sec. 104. Requirements tion projects to beneficiaries of the SUMMARY (SECTION BY SECTION) Batteries collected for recycling or proper projects and to set forth a distribution Sec. 1. Short Title disposal under the Act will be subject to the scheme for revenues from reclamation The ‘‘Mercury-Containing and Recharge- same requirements as lead-acid batteries are project lands; to the Committee on En- able Battery Management Act.’’ at present. ergy and Natural Resources. Sec. 105. Cooperative Efforts Sec. 2. Congressional Findings RECLAMATION FACILITIES TRANSFER ACT This section finds that it is in the public Two or more persons who participate in Mr. CRAIG. Mr. President, I am interest to phase out the use of mercury in projects or programs under this Act may in- form the EPA Administrator of their intent today introducing legislation that batteries and provide for efficient and cost would direct the Secretary of the Inte- effective collection and recycling or proper to develop jointly or share in the costs of disposal of certain batteries; that uniform such a program, and may examine and rely rior to transfer the Federal interest in national labeling of certain batteries will upon cost information collected by the pro- certain Bureau of Reclamation projects significantly benefit recycling programs; and gram. to the project beneficiaries. This legis- that battery recycling programs are to be TITLE II. MERCURY CONTAINING BATTERY lation has already been introduced in encouraged. MANAGEMENT ACT the other body by Congressman SKEEN. Sec. 3. Definitions Sec. 201. Short Title I am introducing the identical legis- Provides standard definitions for battery- This Title may be cited as the ‘‘Mercury- lative language in order to frame what related terms such as easily removable bat- Containing Battery Management Act.’’ I believe will be an interesting debate.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4589 The reclamation program was intended I want to congratulate Congressman capability, public safety needs, and the to assist in the settlement of the West, SKEEN and his cosponsors for raising administrative requirements necessary and it has been extraordinarily suc- this issue. All of us in the West, and to designate the trail as part of the Na- cessful in that endeavour. There are some from outside the West, have ques- tional Trails System. It is also impor- many instances, throughout the West, tioned from time to time, the future of tant to note that the trail takes advan- where the objectives of individual the Bureau of Reclamation. Congress- tage of and will rely heavily upon vol- projects have been fully accomplished. man SKEEN has proposed one answer unteer construction, maintenance, and The project works have been con- for many projects. I fully expect that management of the trail system. structed and the allocable repayment we may even find agreement within the obligations have been satisfied. Oper- Department of the Interior that on Communities throughout the West ation and maintenance of the projects some projects there simply is no fur- will benefit tremendously from the have been turned over to the project ther role for the Federal Government. I Great Western Trail. The recreational beneficiaries and the Federal Govern- do not expect that we will have a com- opportunities and rural economic de- ment simply holds bare legal title with plete transfer of all projects, but that velopment that travel and tourism will little or no involvement with the should not stop us from looking at the bring to the region will not only pro- project. question. A fully paid out single pur- vide an economic boost to the local Those seem to me to be classic exam- pose project located solely within one economies, but will help those who ples of the type of projects that should State will be the easy transfer. I hope travel the Great Western Trail to gain be fully turned over to the bene- we do not limit our vision that nar- a greater appreciation for our Nation’s ficiaries. The Federal Government in- rowly. heritage. The Great Western Trail will curs annual costs and is exposed to provide a positive experience for those out-year liabilities for no other reason By Mr. BENNETT (for himself, who use it. It will become a significant than it holds title to certain works. Mr. CAMPBELL, Mr. BROWN, Mr. and vital addition to America’s system Given the downsizing of the Bureau of JEFFORDS, Mr. STEVENS and Mr. of national trails. Reclamation, it seems all the more HATCH): sensible that the Bureau conserve its S. 621. A bill to amend the National personnel and resources. Just to have Trails System Act to designate the By Mr. LEVIN (for himself and one person available for a project on Great Western Trail for potential addi- Mr. ABRAHAM): which the Federal Government does tion to the National Trails System, S. 622. A bill to amend the Clean Air nothing probably costs over $100,000. and for other purposes. Act to provide that a State containing Given the needs elsewhere within the GREAT WESTERN TRAIL STUDY ACT an ozone nonattainment area that does Department, each of those personnel Mr. BENNETT. Mr. President, today not significantly contribute to ozone could be better used. I am introducing a bill which would di- nonattainment in its own area or any I do not want anyone to think that rect the U.S. Forest Service, in con- other area shall be treated as satis- this legislation is a final product, but sultation with the Department of the fying certain requirements if the State it does serve to frame the debate. Many Interior, to study the Great Western makes certain submissions, and for of our reclamation projects are mul- Trail to determine if it should be in- other purposes; to the Committee on tiple purpose, and we will need to be cluded in the National Scenic Trails Environment and Public Works. careful to ensure that we do not lose System. sight of those other objectives. Many The Great Western Trail takes in CLEAN AIR ACT OZONE TRANSPORT PROVISIONS projects provide important flood con- some of the greatest outdoor and nat- AMENDMENT ACT trol and navigation benefits that are of ural opportunities the West has to Mr. LEVIN. Mr. President, the bill national interest. That does not argue offer. The trail will be a continuous, that Senator ABRAHAM and I are intro- against a transfer of title, but it is a multiple-use route that reaches from ducing today is intended to help cor- concern that we should be aware of. A Mexico to Canada. It encompasses a se- rect a significant flaw in the Clean Air very important consideration, at least ries of existing trails, mostly on public Act. This flaw plagues communities in to this Senator, will be the issue of the lands, running through a corridor west Michigan, and affects many other transfer of the water rights associated which extends through five States. The areas of the country that are downwind with the project. Luckily, we do not trail itself extends from the panhandle from significant sources of ozone-caus- have to face the issue of Federal re- of Idaho to the southern tip of Arizona. ing emissions. served water rights since under rec- Along the 2,400 mile length of the trail lamation law, the Bureau has obtained are numerous recreational opportuni- As it is written, the act is unfair. It water rights from the States in con- ties for all interests, from cross-coun- does not equitably distribute the bur- formity with State water law for all its try skiers to backpackers, hikers, and den of reducing ozone emissions. Some projects. We will, however, need to be off-road enthusiasts. The trail passes areas, like west Michigan, could be re- careful to make certain that title to through areas rich in western heritage quired to undertake vehicle inspection those rights is transferred to the ap- as well as some of the most spectacular and maintenance testing programs, al- propriate entities or individuals and scenery in the world. though these programs will not be ef- that the transfer is in conformity with Prior to designating the Great West- fective in reducing the local concentra- State water law. ern Trail as part of the National Trails tions of ozone because their ozone is There are many other considerations System, a study must be conducted to being transported by wind and weather as well, and I do not intend to be ex- determine its feasibility. This bill take from other States and parts of the haustive in this statement but one the first step by instructing the Sec- country. item deserves mention. We dealt with retary of Agriculture, in consultation some of those issues when we consid- with the Secretary of Interior, to con- Let me explain the west Michigan ered the transfer of the Solano project duct a study of the current land owner- situation, the outlook for which has several years ago, and our inability to ship and use along the designated trail changed significantly in recent weeks. fully resolve all those issues, including route. The study would include cost es- Three west Michigan counties are cur- the recreational responsibilities of the timates of any necessary land acquisi- rently designated as two separate mod- Bureau at Lake Berryessa, was the rea- tion as well as reporting on the appro- erate ozone nonattainment areas by son why we were unable to enact legis- priateness of including motorized ac- the EPA pursuant to the Clean Air Act; lation. As drafted, this legislation only tivity along the trail route. Since the Kent and Ottawa Counties are one, and applies to fully paid-out projects. In proposed trail route follows roads and Muskegon County is the other. Because particular instances, I think a case trails already in existence, very little of their classification as moderate could be made to permit prepayment of right-of-way acquisition would be re- ozone nonattainment areas, the State the outstanding indebtedness much as quired and minimal construction would of Michigan was required by law to we have done for other reclamation be necessary. pass legislation imposing mandatory loans. That is another issue we will This study will play an important vehicle inspection and maintenance have to closely examine. role by determining land and resource testing in these two areas starting in

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4590 CONGRESSIONAL RECORD — SENATE March 24, 1995 January 1995. This requirement would violation could force west Michigan to ment areas would have been required have made sense were these three coun- return to the I/M requirements. by 1996 to meet clean air standards ties the cause of either their own non- Though EPA has stated that the Agen- which they could not meet because of attainment or the nonattainment of cy would seek to avoid this outcome pollution carried by the winds from other areas. But they aren’t. Governor and would carefully examine the viola- outside areas such as Chicago, areas Engler recognized this inequity and tion to determine whether it was with severe air pollution problems. The halted the I/M program in late Decem- caused by local or transported ozone old policy was particularly unfair, ber 1994. before returning to those requirements, since, under the law, these other more EPA has acknowledged that the I believe that it would be best to cor- polluted areas do not need to meet the three counties ‘‘are essentially over- rect the law before such circumstances requirements themselves until the year whelmed by emissions coming from arise. This bill is a step toward fixing 2007. Chicago and northern Indiana.’’ In a it. The EPA has informed me that the June 20, 1994, letter to the Michigan de- At the hearing mentioned previously, states will be permitted to present an partment of natural resources, EPA I asked Mary Nichols, Assistant Ad- analysis demonstrating the problem Administrator Carol Browner said, ministrator for Air, if these three and that EPA will consider granting an ‘‘. . . the USEPA recognizes that ozone counties were treated in the same way extension of the 1996 deadline, possibly transport may make it very difficult, if rural areas are treated, would they until 2007. This new policy should avoid not impossible, for Muskegon and qualify for an exemption from the further unfairness, as additional re- Grand Rapids, themselves, to achieve Clean Air Act requirements. Ms. Nich- quirements could have been placed, in the NAAQS (National Ambient Air ols replied, ‘‘I believe that is correct.’’ 1996, on the west Michigan area, trig- Quality Standards) for ozone by dead- She is right. That is at the heart of the gered by pollution which is not gen- lines prescribed by the CAA (Clean Air unfairness of the Clean Air Act. The erated in the local area. Act).’’ legislation we are offering specifically While I appreciate EPA’s efforts in In a hearing held on Monday, July 25, addresses that unfairness. Whether providing this extension, the new pol- 1994, before my Subcommittee on Over- such an area is rural or nonrural icy was, according to Administrator sight of Government Management, should not make any difference, if the Browner, to have held ‘‘areas respon- EPA acknowledged ‘‘that Muskegon area is not a significant cause of its sible only for that portion of the ozone County would be in attainment but for own or any other area’s nonattain- problem which they cause.’’ However, ozone transport.’’ EPA also confirmed ment. It is the emissions from an area this new policy only corrects one in- that Muskegon and Grand Rapids ‘‘are and not the number of people that live equity in the act, to wit, the fact that not the cause of Chicago and northern in an area that should matter. downwind areas suffering from signifi- Indiana being in nonattainment . . .’’ This bill applies that principle and cant ozone and other pollution trans- In fact, EPA has not shown that any eliminates the illogical disparate ported from more severely polluted area is in nonattainment due to west treatment between rural and nonrural areas have less time to achieve attain- Michigan’s emissions. The Lake Michi- areas. EPA would be required to treat ment. The change in attainment dead- gan ozone study director states, ‘‘... any ozone nonattainment area as a lines does not address the problem of that no matter what reductions are marginal ozone nonattainment area, if areas inappropriately designated in the made in Michigan, the air quality will the State demonstrates to EPA that first place. not be affected.’’ sources of ozone-causing emissions in Mr. President, there appear to be a In short, these three counties are not that area do not make a significant number of other States that contain the cause of their own or any other contribution to ozone nonattainment victim of transport areas in situations area’s ozone problem and no matter measured in the area or in other areas. similar to west Michigan. I am sure what these counties do for themselves, So, rather than arbitrarily denying the that my colleagues in New England, for it is unlikely that they will be able to regulatory relief to a metropolitan sta- instance, have been noticing a signifi- achieve and stay in attainment. Be- tistical area, or an adjacent area, cant increase in public attention to the cause of ozone blown their way and which is currently available to a rural vehicle testing requirements. It will be their resultant classification as mod- transport area, the act’s standards argued that we should not reopen the erate nonattainment areas, they could would apply equally to rural and non- Clean Air Act. But, we cannot permit be forced to implement a burdensome rural areas. As a result, the burden an unfair regulatory burden to fall vehicle inspection program that would would be placed more squarely on the upon our constituents to correct a not make a significant difference. As shoulders of the ‘‘significant contribu- problem which they did not cause and stated succinctly in the Senate Envi- tors,’’ rather than the victims of trans- which the regulatory requirements ronment Committee’s report to accom- port. This is only fair. cannot cure. We should right that pany S. 1630, the Clean Air Act Amend- Clearly, we may need to refine this wrong. ments of 1989, ‘‘Because ozone is not a legislation further or make the legisla- local phenomenon but is formed and tive history clear so that the definition Mr. President, I support the goals of transported over hundreds of miles and of ‘‘significant contribution’’ is not the Clean Air Act. But, it needs to be several days, localized control strate- subject to excessively narrow interpre- applied with common sense, if it is to gies will not be effective in reducing tation by an EPA Administrator and so retain the support of the American ozone levels.’’ Unfortunately, this sen- that we can ensure protection for the people. Without that support, it cannot timent did not translate into the act’s west Michigan area from the unfair succeed. requirements and implementation. The burdens associated with transported By Mr. SPECTER (for himself inflexibility and inequity of the local- pollution. But, we also want to make and Mr. HATCH): ized mandate undermines public sup- sure that other areas who need to be port for the Clean Air Act and environ- reducing their emissions because they S. 623. A bill to reform habeas corpus mental laws—in an area of the country are transporting pollution elsewhere procedures, and for other purposes; to that is generally supportive of both. don’t get off the hook. I know that the the Committee on the Judiciary. Fortunately, the last 3 years of ozone State of Michigan has the data to THE FEDERAL HABEAS CORPUS REFORM ACT monitoring data in the west Michigan prove that west Michigan deserves re- Mr. SPECTER. Mr. President, the area show no violations of the Federal lief under this bill, but we will work American people want government to ozone standard for the area, according with the State, EPA, and the relevant do something about violent crime. Un- to an expedited review that I requested congressional committees to insure fortunately, the crime bill that passed of EPA. This means that Michigan can that this legislative effort does not last year in the 103d Congress did noth- apply for redesignation to attainment, have unintended consequences. ing about one of the most serious as- and Administrator Browner has indi- After repeated urgings by myself and pects of the crime problem: the inter- cated that that process is very ‘‘do- others, the EPA has issued a new ozone minable appeals process that has made able.’’ But, once attainment has been transport policy. Under the previous the death penalty more a hollow threat achieved, it is possible that only one policy the west Michigan nonattain- than an effective deterrent.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4591 The crime bill abandoned key provi- derstand the complexities of the legal While the changes required by the sions which would have limited appeals process and suffer feelings of isolation, Supreme Court help insure justice to in the Federal courts by State death anger, and loss of control over the defendants, there is a sense that cap- row inmates. These appeals currently lengthy court proceedings. The uncon- ital punishment can be retained only if average more than 9 years and last as scionable delays deny justice to all— applied to outrageous cases. I agree long as 17 years. Of all people sen- society, victims, and defendants. with advocates who insist on the great- tenced to death since 1976, 266 have Since upholding the constitu- est degree of care in the use of capital been executed, while over 2,900 sit in tionality of the death penalty in 1976, punishment. I have voted for limita- death row cells. Is it any wonder that the U.S. Supreme Court has required tions to exclude the death penalty for in 1963, when the imposition of the more clearly defined death penalty the mentally impaired and the very death penalty was a real possibility laws. Thirty-eight States have re- young. However, I oppose those who that criminals had to worry about, sponded to voters’ expressions of public search for every possible excuse to there were 8,500 homicides in America, outrage by enacting capital punish- avoid the death penalty because they a rate of 4.5 homicides per 100,000 peo- ment statutes that meet the require- oppose it on the grounds of conscien- ple; while in 1993 there were 23,760 ments of the Constitution. tious scruples. homicides, and a more than doubled My 12 years experience in the Phila- While I understand and respect that homicide rate of 9.3 per 100,000. The delphia District Attorney’s office con- moral opposition, our system of gov- legal system has turned the death pen- vinced me that the death penalty de- ernment says the people of the 38 alty into a toothless saw. ters crime. I saw many cases where States that have capital punishment National polls continue to show fear professional burglars and robbers re- are entitled to have those sentences of crime to be the No. 1 concern of fused to carry weapons for fear that a carried out where they have been con- most Americans. One survey conducted killing would occur and they would be stitutionally imposed. In those juris- right after President Clinton’s State of charged with first-degree murder, car- dictions, the debate is over until the the Union Address last year found 71 rying the death penalty. statutes are repealed or the Constitu- percent thought more murders should One such case involved three hood- tion reinterpreted. be punishable by the death penalty. My lums who planned to rob a Philadelphia Many Federal habeas corpus appeals own 12 years of experience in the Phila- pharmacist. Cater, 19, and Rivers, 18, degenerate into virtually endless delphia District Attorney’s office, first saw that their partner Williams, 20, delays, where judges bounce capital as an assistant district attorney and was carrying a revolver. The two cases like tennis balls from one court chief of the appeals division and later younger men said they would not par- to another, exacerbated by repetitive as district attorney, convinces me they ticipate if Williams took the revolver petitions. Here is an example, Mr. are right. along, so Williams placed the gun in a President: After being convicted in The great writ of habeas corpus has drawer and slammed it shut. California for a double murder in 1980, Right as the three men were leaving been the procedure used to guarantee Robert Alton Harris filed 10 petitions the room, Williams sneaked the re- defendants in State criminal trials for habeas corpus review in the State volver back into his pocket. In the their rights under the U.S. Constitu- courts, 5 similar petitions in the Fed- course of the robbery, Williams shot tion. It is an indispensable safeguard eral courts, and 11 applications to the and killed pharmacist Jacob Viner. The because of the documented history of U.S. Supreme Court. Many of those ap- details of the crime emerged from the State criminal-court abuses such as plications to invalidate the death pen- confessions of the three defendants and the Scottsboro case. Unfortunately, it alty overlapped. has been applied in a crazy-quilt man- corroborating evidence. All three men Habeas corpus reform is not a new ner with virtually endless appeals that were sentenced to death because, under issue in the Senate. In 1984, the Senate deny justice to victims and defendants the law, Cater and Rivers were equally first passed a habeas corpus reform alike, making a mockery of the judi- responsible for Williams’s act of mur- measure, but the House failed to con- cial system. der. The best way to stop this mockery is Ultimately, Williams was executed sider it. In 1990, during the 101st Con- to impose strict time limits on appeals. and the death sentences for Cater and gress, I offered my first legislation to The bill I am introducing today, along Rivers were changed to life imprison- speed up and simplify Federal habeas with my distinguished colleague and ment because of extenuating cir- corpus procedures in capital cases. the Chairman of the Judiciary Com- cumstances, because they did not know That year, the Senate adopted the amendment that Senator THURMOND mittee, Senator HATCH, will do just their co-conspirator was carrying a that. weapon. There are many similar cases and I wrote to the omnibus anticrime Criminal justice experts agree that where robbers and burglars avoid car- bill that would have reformed habeas for any penalty to be effective as a de- rying weapons for fear a gun or knife corpus procedures in death penalty terrent, the penalty must be swift and will be used in a murder, subjecting cases. Unfortunately, at the insistence certain. When years pass between the them to the death penalty. of the House conferees, our provision time a crime is committed and a sen- The use of the death penalty has was dropped from the conference re- tence is carried out, the vital link be- gradually been limited by the courts port. tween crime and punishment is and legislatures to apply only to the Habeas corpus reform was revisited stretched so thin that the deterrent most outrageous cases. In 1925, the in the 102d Congress. Portions of my message is lost. Pennsylvania Legislature repealed the proposal, S. 19, were incorporated into Delays leave inmates, as well as vic- mandatory death penalty for first-de- the Republican habeas corpus reform tims, in a difficult state of suspended gree murder, leaving it to the discre- package, which again became part of animation. In a 1989 case, the British tion of the jury or trial court. More re- the Senate’s omnibus anticrime legis- Government declined to extradite a de- cently, in 1972, the Supreme Court lation. This time, the conference com- fendant to Virginia on murder charges struck down all State and Federal mittee on the Senate and House until the local prosecutor promised not death penalty laws and prohibited cap- anticrime bills kept a habeas corpus to seek the death penalty because the ital punishment for all inmates on reform provision in the conference re- European Court of Human Rights had death row, or future executions, unless port, but it was the House version. As ruled that confinement in a Virginia thereafter they contained detailed pro- reported by the conference committee, prison for 6 to 8 years awaiting execu- cedures for considering aggravating that version would have exacerbated tion would violate the European Con- and mitigating circumstances. the delay, not eased it. Despite late ef- vention on Human Rights. Prosecutors customarily refrain from forts at a compromise, habeas reform Similarly, for survivors of murder asking for the death penalty for all but died with that crime bill. victims, there is an inability to reach a the most heinous crimes. I did that Again in the 103d Congress, I intro- sense of resolution about their loved when I was a district attorney, person- duced habeas corpus reform legislation. one’s death until the criminal case has ally reviewing the cases where capital In 1993, when the new omnibus been resolved. The families do not un- punishment was requested. anticrime bill was being debated in the

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4592 CONGRESSIONAL RECORD — SENATE March 24, 1995 Senate, all habeas corpus reform provi- Unless there are unusually compli- est of a death sentenced prisoner to sions were stripped from the bill. I was cating factors, which must be detailed delay filing a [habeas corpus] petition dismayed. Even as the Senate was vot- in the district court’s opinion, I know as long as possible.’’ ing to establish a broad Federal death that such cases can be heard within a Mr. President, this bill goes a long penalty, it was refusing to address the few weeks, with no more than a week way toward restoring the death pen- compelling need to expedite review of or two being required to write an opin- alty as an effective deterrent. But to the death sentences once imposed. ion. Some district courts have sat on get the rest of the way there we need When I demanded that the issue of such cases for as long as 12 years. Even habeas corpus reform be addressed by to address the endless delays caused by in States with the most prisoners on requiring defendants to exhaust all of the Senate, I was given the oppor- death row, such as Florida, Texas, and their claims in State court before they tunity to bring my bill to the floor for California, each district court judge are allowed to file Federal habeas cor- debate. Unfortunately, the legislation I would have such a case only every 1 to pus petitions. introduced to eliminate the delays in 3 years. Judges would not be overbur- carrying out death sentences was ta- dened. The absurdity of this exhaustion re- bled by a vote of 65 to 34. Decisions on appeal to the court of quirement is illustrated by the series Which brings us to today, Mr. Presi- appeals should be made within 120 days of decisions involving a Philadelphia dent. My new proposal, the Federal Ha- of briefing. That is manageable with criminal, Michael Peoples. Peoples was beas Corpus Reform Act of 1995, sets priority attention to these relatively convicted in the State trial court in strict time limits on the filing of ha- few capital cases. The authority of 1981 of setting his victim on fire during beas corpus petitions and severely re- Congress to establish such time limits a robbery. Following this legal trail is stricts the filing of any successive peti- was exercised in the Speedy Trial Act not easy, but it illustrates the farcical tion. It requires that the appropriate of 1974, which calls for criminal trials procedures. After the Pennsylvania in- Federal court of appeals approve the to begin within 70 days unless delayed termediate appellate court affirmed filing of any successive petition. It en- by specified causes. The key factor in Peoples’ conviction in 1983, the Penn- sures adequate counsel in habeas cor- this timetable is the requirement that sylvania Supreme Court denied review pus proceedings. It imposes time limits competent, free counsel be provided to in a decision that was unclear as to on Federal judges to decide habeas cor- defendants in capital cases during their whether it was based on the merits or pus petitions in capital cases. And it State and Federal habeas corpus pro- does this so that imposition of the on the Court’s procedural discretion ceedings. death penalty in State cases will be- that there was no special reason to I must stress, however, that the ab- consider the substantive issues. come more certain and swift, making breviated timetable does not take ef- Peoples then filed a petition in 1986 the death penalty again a meaningful fect until State court review of a sen- sanction and deterrent. for habeas corpus in the U.S. district tence of death is completed. No time This bill builds on some innovative limit is placed by this legislation on court. That petition was denied for strategies that I first proposed in 1990. failure to exhaust State remedies, Already, much of that approach has be- the length of trial or on periods for consideration of post-trial motions and meaning the State court did not con- come widely accepted as the basic sider all his claims. The case was then building blocks of habeas corpus re- the State court appeals. During that period, most, if not all, of the complex appealed to the next higher court level, form, namely establishing time limits the Third Circuit Court of Appeals, on filing habeas corpus petitions and factual and legal issues will be orga- nized, analyzed and resolved by the which reversed the district court on on Federal court consideration of cap- the ground that the exhaustion rule ital habeas corpus petitions, and re- State courts, so that these issues will not be novel when the case goes to Fed- was satisfied when the State Supreme quiring that the filing of any succes- Court had the opportunity to correct sive petition be approved by the appro- eral court. Requiring prisoners on death row to alleged violations of the prisoner’s con- priate court of appeals under stringent stitutional rights. Next, Peoples asked standards. file petitions within 6 months of final State court action is not only reason- the U.S. Supreme Court to review his Under this bill, a single Federal court case. review will resolve most death penalty able, but is necessary to end the abuse cases in under 2 years. First, a Federal in which petitioners and their attor- Even though the Supreme Court was habeas corpus petition in a capital case neys now engage. A perfect example of too busy to hear 4,550 cases in 1988, the must be filed within 6 months from the the abuse can be seen in a recent case Peoples case was one of 147 petitions it final action in State court proceedings. from my own State of Pennsylvania. granted. After the nine justices re- A final decision must be made by the Steven Duffey was convicted of a 1984 viewed the briefs, heard oral argument Federal district court within 180 days murder. His conviction and sentence and deliberated, Justice Scalia wrote from the filing of the habeas corpus pe- were unanimously upheld by the Penn- an opinion reversing the Court of Ap- tition. And a final decision must be sylvania Supreme Court in 1988. From peals for the Third Circuit. then on, he did nothing until after his made by the Federal court of appeals The Third Circuit then undertook the within 120 days from the filing of the death warrant had been signed in Sep- tember 1994. Then, on the eve of his extensive process of briefs and argu- final brief. No successive Federal court ment before three judges. It issued a habeas corpus petition could be consid- execution, Duffey’s attorneys filed a habeas corpus petition and sought a complicated opinion concluding that ered unless specific leave was granted the original petition for a writ of ha- by the appropriate court of appeals, stay of execution. The Federal district judge thought beas corpus contained both exhausted and then only for very limited reasons. and unexhausted claims. That ruling In addition, the proposed expedited himself bound to enter the stay so that the petition could be entertained. But sent the case back to the district court treatment of habeas corpus petitions in for reconsideration. capital cases would apply only to the judge castigated the game-playing States which agree to provide free, of Duffey and his lawyer. In his opin- Had the Ddstrict court simply con- competent legal counsel for defendants ion, Judge Thomas Vanaskie of the sidered Peoples’ constitutional claims during their State court appeals. The Middle District of Pennsylvania hit on on the substantive merits in the first bill provides that the Federal govern- a central problem with the current sys- instance, all those briefs, arguments ment will provide free legal counsel tem when he noted that ‘‘[t]here is an and opinions would have been avoided. during their Federal habeas corpus pro- overwhelming incentive on the part of These complications arise from a Fed- ceedings. a death row inmate to ignore until the eral statute that requires a defendant The compressed time frame is both eleventh hour collateral challenges to to exhaust his or her remedies in the just and practical. It would eliminate his or her conviction.’’ He then quoted State court before coming to the fed- the lengthy delays and establish ha- the 1994 decision of the U.S. Court of eral court. The original purpose of giv- beas corpus proceedings in death pen- Appeals for the Sixth Circuit in Steffen ing the State a chance to correct any alty cases as the highest priority in the versus Tate, which had likewise found error and to limit the work of the Fed- Federal judicial system. that ‘‘it is almost always in the inter- eral courts was sound. In practice,

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4593 however, that rule has created a hope- have been discovered through the exercise of deemed to constitute a request addressed to less maze, illustrated by thousands of due diligence. the judges of the court of appeals. If an ap- cases like those of Peoples and Harris. ‘‘(2) The time during which a properly filed peal is taken by a State or its representa- The elimination of the statutory ex- application for State post-conviction or tive, a certificate of appealability is not re- other collateral review with respect to the quired.’’. haustion requirement would mean that pertinent judgment or claim shall not be SEC. 5. SECTION 2254 AMENDMENTS. Congress, which has authority to es- counted toward any period of limitation Section 2254 of title 28, United States Code, tablish Federal court jurisdiction, under this subsection. is amended— would direct U.S. district courts to de- SEC. 3. APPEAL. (1) by amending subsection (b) to read as cide petitions for writs of habeas cor- Section 2253 of title 28, United States Code, follows: pus after direct appeals to the Supreme is amended to read as follows: ‘‘(b)(1) An application for a writ of habeas corpus on behalf of a person in custody pur- Court had upheld the death penalty. ‘‘§ 2253. Appeal suant to the judgment of a State court shall From my own experience, I have seen ‘‘(a) In a habeas corpus proceeding or a not be granted unless it appears that— State trial court judges sit on such ha- proceeding under section 2255 before a dis- ‘‘(A) the applicant has exhausted the rem- beas corpus cases for months or years trict judge, the final order shall be subject to edies available in the courts of the State; or and then dismiss them in the most per- review, on appeal, by the court of appeals for ‘‘(B)(i) there is an absence of available functory way because the issues had al- the circuit in which the proceeding is held. State corrective process; or ‘‘(b) There shall be no right of appeal from ready been decided by the State Su- ‘‘(ii) circumstances exist that render such a final order in a proceeding to test the va- process ineffective to protect the rights of preme Court in its earlier decision. lidity of a warrant to remove to another dis- Obviously, Mr. President, Federal ha- the applicant. trict or place for commitment or trial a per- ‘‘(2) An application for a writ of habeas beas corpus is a complex and arcane son charged with a criminal offense against corpus may be denied on the merits, not- subject. Its difficult and restrictive the United States, or to test the validity of withstanding the failure of the applicant to rules simply delay imposition of the such person’s detention pending removal pro- exhaust the remedies available in the courts death penalty and render it useless as a ceedings. of the State. deterrent. The purposes of tough law ‘‘(c)(1) Unless a circuit justice or judge ‘‘(3) A State shall not be deemed to have issues a certificate of appealability, an ap- waived the exhaustion requirement or be es- enforcement are best served by full and peal may not be taken to the court of ap- prompt hearings instead of a proce- topped from reliance upon the requirement peals from— unless the State, through counsel, expressly dural morass that defeats the sub- ‘‘(A) the final order in a habeas corpus pro- waives the requirement.’’; stantive benefits of capital punish- ceeding in which the detention complained (2) by redesignating subsections (d), (e), ment. of arises out of process issued by a State and (f) as subsections (e), (f), and (g), respec- In 1990, Chief Justice William H. court; or tively; Rehnquist said the current system for ‘‘(B) the final order in a proceeding under (3) by inserting after subsection (c) the fol- handling death penalty habeas corpus section 2255. lowing new subsection: ‘‘(2) A certificate of appealability may ‘‘(d) An application for a writ of habeas cases in the Federal courts ‘‘verges on issue under paragraph (1) only if the appli- the chaotic.’’ He was charitable. If jus- corpus on behalf of a person in custody pur- cant has made a substantial showing of the suant to the judgment of a State court shall tice delayed is justice denied, there’s denial of a constitutional right. not be granted with respect to any claim little justice left in the Federal judi- ‘‘(3) The certificate of appealability under that was adjudicated on the merits in State cial treatment of death sentences. paragraph (1) shall indicate which specific court proceedings unless the adjudication of My proposal for habeas corpus reform issue or issues satisfy the showing required the claim— will bring practical reinstatement of by paragraph (2).’’. ‘‘(1) resulted in a decision that was con- the death penalty, so that meaningless SEC. 4. AMENDMENT OF FEDERAL RULES OF AP- trary to, or involved an unreasonable appli- procedures do not remain the enemy of PELLATE PROCEDURE. cation of, clearly established Federal law, as Rule 22 of the Federal Rules of Appellate determined by the Supreme Court of the substantive justice. Procedure is amended to read as follows: Mr. President, I ask unanimous con- United States; or ‘‘Rule 22. Habeas corpus and section 2255 ‘‘(2) resulted in a decision that was based sent that the full text of my bill be proceedings on an unreasonable determination of the printed in the RECORD. ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.— facts in light of the evidence presented in the There being no objection, the bill was An application for a writ of habeas corpus State court proceeding.’’; ordered to be printed in the RECORD, as shall be made to the appropriate district (4) by amending subsection (e), as redesig- follows: court. If application is made to a circuit nated by paragraph (2), to read as follows: judge, the application shall be transferred to S. 623 ‘‘(e)(1) In a proceeding instituted by an ap- the appropriate district court. If an applica- plication for a writ of habeas corpus by a Be it enacted by the Senate and House of Rep- tion is made to or transferred to the district person in custody pursuant to the judgment resentatives of the United States of America in court and denied, renewal of the application of a State court, a determination of a factual Congress assembled, before a circuit judge shall not be permitted. issue made by a State court shall be pre- SECTION 1. SHORT TITLE. The applicant may, pursuant to section 2253 sumed to be correct. The applicant shall This Act may be cited as the ‘‘Habeas Cor- of title 28, United States Code, appeal to the have the burden of rebutting the presump- pus Reform Act of 1995’’. appropriate court of appeals from the order tion of correctness by clear and convincing SEC. 2. FILING DEADLINES. of the district court denying the writ. evidence. Section 2244 of title 28, United States Code, ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a ‘‘(2) If the applicant has failed to develop is amended by adding at the end the fol- habeas corpus proceeding in which the deten- the factual basis of a claim in State court lowing new subsection: tion complained of arises out of process proceedings, the court shall not hold an evi- ‘‘(d)(1) A 1-year period of limitation shall issued by a State court, an appeal by the ap- dentiary hearing on the claim unless the ap- apply to an application for a writ of habeas plicant for the writ may not proceed unless plicant shows that— corpus by a person in custody pursuant to a district or a circuit judge issues a certifi- ‘‘(A) the claim relies on— the judgment of a State court. The limita- cate of appealability pursuant to section ‘‘(i) a new rule of constitutional law, made tion period shall run from the latest of— 2253(c) of title 28, United States Code. If an retroactive by the Supreme Court, that was ‘‘(A) the date on which the judgment be- appeal is taken by the applicant, the district previously unavailable; or came final by the conclusion of direct review judge who rendered the judgment shall ei- ‘‘(ii) a factual predicate that could not or the expiration of the time for seeking ther issue a certificate of appealability or have been previously discovered through the such review; state the reasons why such a certificate exercise of due diligence; and ‘‘(B) the date on which the impediment to should not issue. The certificate or the state- ‘‘(B) the facts underlying the claim would filing an application created by State action ment shall be forwarded to the court of ap- be sufficient to establish by clear and con- in violation of the Constitution or laws of peals with the notice of appeal and the file of vincing evidence that but for constitutional the United States is removed, if the appli- the proceedings in the district court. If the error, no reasonable factfinder would have cant was prevented from filing by such State district judge has denied the certificate, the found the applicant guilty of the underlying action; applicant for the writ may then request offense.’’; and ‘‘(C) the date on which the constitutional issuance of the certificate by a circuit judge. (5) by adding at the end the following new right asserted was initially recognized by the If such a request is addressed to the court of subsections: Supreme Court, if the right has been newly appeals, it shall be deemed addressed to the ‘‘(h) Notwithstanding any other provision recognized by the Supreme Court and is judges thereof and shall be considered by a of law, in all proceedings brought under this made retroactively applicable; or circuit judge or judges as the court deems section, and any subsequent proceedings on ‘‘(D) the date on which the factual predi- appropriate. If no express request for a cer- review, appointment of counsel for an appli- cate of the claim or claims presented could tificate is filed, the notice of appeal shall be cant who is or becomes financially unable to

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4594 CONGRESSIONAL RECORD — SENATE March 24, 1995 afford counsel shall be in the discretion of ‘‘(ii) the facts underlying the claim, if ute must provide standards of competency the court, except as provided by a rule pro- proven and viewed in light of the evidence as for the appointment of such counsel. mulgated by the Supreme Court pursuant to a whole, would be sufficient to establish by ‘‘(c) Any mechanism for the appointment, statutory authority. Appointment of counsel clear and convincing evidence that, but for compensation, and reimbursement of counsel under this section shall be governed by sec- constitutional error, no reasonable as provided in subsection (b) must offer tion 3006A of title 18. factfinder would have found the applicant counsel to all State prisoners under capital ‘‘(i) The ineffectiveness or incompetence of guilty of the underlying offense. sentence and must provide for the entry of counsel during Federal or State collateral ‘‘(3)(A) Before a second or successive appli- an order by a court of record— post-conviction proceedings shall not be a cation permitted by this section is filed in ‘‘(1) appointing one or more counsel to rep- ground for relief in a proceeding arising the district court, the applicant shall move resent the prisoner upon a finding that the under section 2254.’’. in the appropriate court of appeals for an prisoner is indigent and accepted the offer or SEC. 6. SECTION 2255 AMENDMENTS. order authorizing the district court to con- is unable competently to decide whether to Section 2255 of title 28, United States Code, sider the application. accept or reject the offer; is amended— ‘‘(B) A motion in the court of appeals for ‘‘(2) finding, after a hearing if necessary, (1) by striking the second and fifth para- an order authorizing the district court to that the prisoner rejected the offer of coun- graphs; and consider a second or successive application sel and made the decision with an under- (2) by adding at the end the following new shall be determined by a three-judge panel of standing of its legal consequences; or paragraphs: the court of appeals. ‘‘(3) denying the appointment of counsel ‘‘A one-year period of limitation shall ‘‘(C) The court of appeals may authorize upon a finding that the prisoner is not indi- apply to a motion under this section. The the filing of a second or successive applica- gent. limitation period shall run from the latest tion only if it determines that the applica- ‘‘(d) No counsel appointed pursuant to sub- of— tion makes a prima facie showing that the sections (b) and (c) to represent a State pris- ‘‘(1) the date on which the judgment of application satisfies the requirements of this oner under capital sentence shall have pre- conviction becomes final; subsection. viously represented the prisoner at trial or ‘‘(2) the date on which the impediment to ‘‘(D) The court of appeals shall grant or on direct appeal in the case for which the ap- making a motion created by governmental deny the authorization to file a second or pointment is made unless the prisoner and action in violation of the Constitution or successive application not later than 30 days counsel expressly request continued rep- laws of the United States is removed, if the after the filing of the motion. resentation. movant was prevented from making a mo- ‘‘(E) The grant or denial of an authoriza- ‘‘(e) The ineffectiveness or incompetence of tion by such governmental action; tion by a court of appeals to file a second or counsel during State or Federal post-convic- ‘‘(3) the date on which the right asserted success application shall not be appealable tion proceedings in a capital case shall not was initially recognized by the Supreme and shall not be the subject of a petition for be a ground for relief in a proceeding arising Court, if that right has been newly recog- rehearing or for a writ of certiorari. under section 2254. This limitation shall not nized by the Supreme Court and is made ‘‘(4) A district court shall dismiss any preclude the appointment of different coun- retroactively applicable; or claim presented in a second or successive ap- sel, on the court’s own motion or at the re- ‘‘(4) the date on which the facts supporting plication that the court of appeals has au- quest of the prisoner, at any phase of State the claim or claims presented could have thorized to be filed unless the applicant or Federal post-conviction proceedings on been discovered through the exercise of due shows that the claim satisfies the require- the basis of the ineffectiveness or incom- diligence. ments of this section.’’. petence of counsel in such proceedings. ‘‘In all proceedings brought under this sec- SEC. 8. DEATH PENALTY LITIGATION PROCE- ‘‘§ 2262. Mandatory stay of execution; dura- tion, and any subsequent proceedings on re- DURES. tion; limits on stays of execution; succes- view, appointment of counsel for a movant (a) ADDITION OF CHAPTER TO TITLE 28, sive petitions who is or becomes financially unable to af- UNITED STATES CODE.—Title 28, United ‘‘(a) Upon the entry in the appropriate ford counsel shall be in the discretion of the States Code, is amended by inserting after State court of record of an order under sec- court, except as provided by a rule promul- chapter 153 the following new chapter: tion 2261(c), a warrant or order setting an gated by the Supreme Court pursuant to ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS execution date for a State prisoner shall be statutory authority. Appointment of counsel PROCEDURES IN CAPITAL CASES stayed upon application to any court that under this section shall be governed by sec- ‘‘Sec. would have jurisdiction over any proceedings tion 3006A of title 18. ‘‘2261. Prisoners in State custody subject to filed under section 2254. The application ‘‘A second or successive motion must be capital sentence; appointment shall recite that the State has invoked the certified as provided in section 2244 by a of counsel; requirement of rule post-conviction review procedures of this panel of the appropriate court of appeals to of court or statute; procedures chapter and that the scheduled execution is contain— for appointment. subject to stay. ‘‘(1) newly discovered evidence that, if ‘‘2262. Mandatory stay of execution; dura- ‘‘(b) A stay of execution granted pursuant proven and viewed in light of the evidence as tion; limits on stays of execu- to subsection (a) shall expire if— a whole, would be sufficient to establish by tion; second or abusive peti- ‘‘(1) a State prisoner fails to file a habeas clear and convincing evidence that no rea- tions. corpus application under section 2254 within sonable factfinder would have found the ‘‘2263. Filing of habeas corpus application; the time required in section 2263; movant guilty of the offense; or time requirements; tolling ‘‘(2) before a court of competent jurisdic- ‘‘(2) a new rule of constitutional law, made rules. tion, in the presence of counsel, unless the retroactive by the Supreme Court, that was ‘‘2264. Scope of Federal review; district court prisoner has competently and knowingly previously unavailable.’’. adjudications. waived such counsel, and after having been SEC. 7. LIMITS ON SECOND OR SUCCESSIVE AP- ‘‘2265. Application to State unitary review advised of the consequences, a State prisoner PLICATIONS. procedure. under capital sentence waives the right to (a) CONFORMING AMENDMENT TO SECTION ‘‘2266. Limitation periods for determining pursue habeas corpus review under section 2244(a).—Section 2244(a) of title 28, United applications and motions. 2254; or States Code, is amended by striking ‘‘and the ‘‘§ 2261. Prisoners in State custody subject to ‘‘(3) a State prisoner files a habeas corpus petition’’ and all that follows through ‘‘by petition under section 2254 within the time such inquiry.’’ and inserting ‘‘, except as pro- capital sentence; appointment of counsel; requirement of rule of court or statute; pro- required by section 2263 and fails to make a vided in section 2255.’’. substantial showing of the denial of a Fed- (b) LIMITS ON SECOND OR SUCCESSIVE APPLI- cedures for appointment eral right or is denied relief in the district CATIONS.—Section 2244(b) of title 28, United ‘‘(a) This chapter shall apply to cases aris- court or at any subsequent stage of review. States Code, is amended to read as follows: ing under section 2254 brought by prisoners ‘‘(c) If one of the conditions in subsection ‘‘(b)(1) A claim presented in a second or in State custody who are subject to a capital (b) has occurred, no Federal court thereafter successive habeas corpus application under sentence. It shall apply only if the provisions shall have the authority to enter a stay of section 2254 that was presented in a prior ap- of subsections (b) and (c) are satisfied. execution in the case, unless the court of ap- plication shall be dismissed. ‘‘(b) This chapter is applicable if a State ‘‘(2) A claim presented in a second or suc- establishes by statute, rule of its court of peals approves the filing of a second or suc- cessive habeas corpus application under sec- last resort, or by another agency authorized cessive application under section 2244(b). tion 2254 that was not presented in a prior by State law, a mechanism for the appoint- ‘‘§ 2263. Filing of habeas corpus application; application shall be dismissed unless— ment, compensation, and payment of reason- time requirements; tolling rules ‘‘(A) the applicant shows that the claim re- able litigation expenses of competent coun- ‘‘(a) Any application under this chapter for lies on a new rule of constitutional law, sel in State post-conviction proceedings habeas corpus relief under section 2254 must made retroactive by the Supreme Court, that brought by indigent prisoners whose capital be filed in the appropriate district court not was previously unavailable; or convictions and sentences have been upheld later than 180 days after final State court af- ‘‘(B)(i) the factual predicate for the claim on direct appeal to the court of last resort in firmance of the conviction and sentence on could not have been discovered previously the State or have otherwise become final for direct review or the expiration of the time through the exercise of due diligence; and State law purposes. The rule of court or stat- for seeking such review.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4595 ‘‘(b) The time requirements established by tary review procedure that qualifies under ‘‘(C) any redetermination of an application subsection (a) shall be tolled— this section. References to State ‘post-con- for a writ of habeas corpus following a re- ‘‘(1) from the date that a petition for cer- viction review’ and ‘direct review’ in such mand by the court of appeals or the Supreme tiorari is filed in the Supreme Court until sections shall be understood as referring to Court for further proceedings, in which case the date of final disposition of the petition if unitary review under the State procedure. the limitation period shall run from the date a State prisoner files the petition to secure The reference in section 2262(a) to ‘an order the remand is ordered. review by the Supreme Court of the affirm- under section 2261(c)’ shall be understood as ‘‘(3)(A) The time limitations under this ance of a capital sentence on direct review referring to the post-trial order under sub- section shall not be construed to entitle an by the court of last resort of the State or section (b) concerning representation in the applicant to a stay of execution, to which other final State court decision on direct re- unitary review proceedings, but if a tran- the applicant would otherwise not be enti- view; script of the trial proceedings is unavailable tled, for the purpose of litigating any appli- ‘‘(2) from the date on which the first peti- at the time of the filing of such an order in cation or appeal. the appropriate State court, then the start tion for post-conviction review or other col- ‘‘(B) No amendment to an application for a of the 180-day limitation period under sec- lateral relief is filed until the final State writ of habeas corpus under this chapter tion 2263 shall be deferred until a transcript court disposition of such petition; and shall be permitted after the filing of the an- ‘‘(3) during an additional period not to ex- is made available to the prisoner or counsel of the prisoner. swer to the application, except on the ceed 30 days, if— grounds specified in section 2244(b). ‘‘(A) a motion for an extension of time is ‘‘§ 2266. Limitation periods for determining filed in the Federal district court that would applications and motions ‘‘(4)(A) The failure of a court to meet or comply with a time limitation under this have jurisdiction over the case upon the fil- ‘‘(a) The adjudication of any application section shall not be a ground for granting re- ing of a habeas corpus application under sec- under section 2254 that is subject to this lief from a judgment of conviction or sen- tion 2254; and chapter, and the adjudication of any motion tence. ‘‘(B) a showing of good cause is made for under section 2255 by a person under sen- the failure to file the habeas corpus applica- tence of death, shall be given priority by the ‘‘(B) The State may enforce a time limita- tion within the time period established by district court and by the court of appeals tion under this section by petitioning for a this section. over all noncapital matters. writ of mandamus to the court of appeals. ‘‘§ 2264. Scope of Federal review; district ‘‘(b)(1)(A) A district court shall render a The court of appeals shall act on the petition court adjudications final determination and enter a final judg- for a writ or mandamus not later than 30 days after the filing of the petition. ‘‘(a) Whenever a State prisoner under cap- ment on any application for a writ of habeas ital sentence files a petition for habeas cor- corpus brought under this chapter in a cap- ‘‘(5)(A) The Administrative Office of pus relief to which this chapter applies, the ital case not later than 180 days after the United States Courts shall submit to Con- district court shall only consider a claim or date on which the application is filed. gress an annual report on the compliance by ‘‘(B) A district court shall afford the par- claims that have been raised and decided on the district courts with the time limitations ties at least 120 days in which to complete the merits in the State courts, unless the under this section. all actions, including the preparation of all failure to raise the claim properly is— ‘‘(B) The report described in subparagraph pleadings and briefs, and if necessary, a hear- ‘‘(1) the result of State action in violation (A) shall include copies of the orders sub- ing, prior to the submission of the case for of the Constitution or laws of the United mitted by the district courts under para- decision. graph (1)(B)(iv). States; ‘‘(C)(i) A district court may delay for not ‘‘(2) the result of the Supreme Court rec- more than one additional 30-day period be- ‘‘(c)(1)(A) A court of appeals shall hear and ognition of a new Federal right that is made yond the period specified in subparagraph render a final determination of any appeal of retroactively applicable; or (A), the rendering of a determination of an an order granting or denying, in whole or in ‘‘(3) based on a factual predicate that could application for a writ of habeas corpus if the part, an application brought under this chap- not have been discovered through the exer- court issues a written order making a find- ter in a capital case not later than 120 days cise of due diligence in time to present the ing, and stating the reasons for the finding, after the date on which the reply brief is claim for State or Federal post-conviction that the ends of justice that would be served filed, or if no reply brief is filed, not later review. by allowing the delay outweigh the best in- than 120 days after the date on which the an- ‘‘(b) Following review subject to sub- terests of the public and the applicant in a swering brief is filed. sections (a), (d), and (e) of section 2254, the speedy disposition of the application. ‘‘(B)(i) A court of appeals shall decide court shall rule on the claims properly be- ‘‘(ii) The factors, among others, that a whether to grant a petition for rehearing or fore it. court shall consider in determining whether other request for rehearing en banc not later ‘‘§ 2265. Application to State unitary review a delay in the disposition of an application is than 30 days after the date on which the peti- procedure warranted are as follows: tion for rehearing is filed unless a responsive ‘‘(a) For purposes of this section, a ‘uni- ‘‘(I) Whether the failure to allow the delay pleading is required, in which case the court tary review’ procedure means a State proce- would be likely to result in a miscarriage of shall decide whether to grant the petition dure that authorizes a person under sentence justice. not later than 30 days after the date on of death to raise, in the course of direct re- ‘‘(II) Whether the case is so unusual or so which the responsive pleading is filed. view of the judgment, such claims as could complex, due to the number of defendants, ‘‘(ii) If a petition for rehearing or rehear- be raised on collateral attack. This chapter the nature of the prosecution, or the exist- ing en banc is granted, the court of appeals shall apply, as provided in this section, in re- ence of novel questions of fact or law, that it shall hear and render a final determination lation to a State unitary review procedure if is unreasonable to expect adequate briefing of the appeal not later than 120 days after the State establishes by rule of its court of within the time limitations established by the date on which the order granting rehear- last resort or by statute a mechanism for the subparagraph (A). ing or rehearing en banc is entered. appointment, compensation, and payment of ‘‘(III) Whether the failure to allow a delay ‘‘(2) The time limitations under paragraph reasonable litigation expenses of competent in a case, that, taken as a whole, is not so (1) shall apply to— counsel in the unitary review proceedings, unusual or so complex as described in sub- ‘‘(A) an initial application for a writ of ha- including expenses relating to the litigation clause (II), but would otherwise deny the ap- beas corpus; of collateral claims in the proceedings. The plicant reasonable time to obtain counsel, ‘‘(B) any second or successive application rule of court or statute must provide stand- would unreasonably deny the applicant or for a writ of habeas corpus; and ards of competency for the appointment of the government continuity of counsel, or ‘‘(C) any redetermination of an application such counsel. would deny counsel for the applicant or the for a writ of habeas corpus or related appeal ‘‘(b) To qualify under this section, a uni- government the reasonable time necessary following a remand by the court of appeals tary review procedure must include an offer for effective preparation, taking into ac- en banc or the Supreme Court for further of counsel following trial for the purpose of count the exercise of due diligence. proceedings, in which case the limitation pe- representation on unitary review, and entry ‘‘(iii) No delay in disposition shall be per- riod shall run from the date the remand is of an order, as provided in section 2261(c), missible because of general congestion of the ordered. concerning appointment of counsel or waiver court’s calendar. or denial of appointment of counsel for that ‘‘(iv) The court shall transmit a copy of ‘‘(3) The time limitations under this sec- purpose. No counsel appointed to represent any order issued under clause (i) to the Di- tion shall not be construed to entitle an ap- the prisoner in the unitary review pro- rector of the Administrative Office of the plicant to a stay of execution, to which the ceedings shall have previously represented United States Courts for inclusion in the re- applicant would otherwise not be entitled, the prisoner at trial in the case for which the port under paragraph (5). for the purpose of litigating any application appointment is made unless the prisoner and ‘‘(2) The time limitations under paragraph or appeal. counsel expressly request continued rep- (1) shall apply to— ‘‘(4)(A) The failure of a court to meet or resentation. ‘‘(A) an initial application for a writ of ha- comply with a time limitation under this ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall beas corpus; section shall not be a ground for granting re- apply in relation to cases involving a sen- ‘‘(B) any second or successive application lief from a judgment of conviction or sen- tence of death from any State having a uni- for a writ of habeas corpus; and tence.

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4596 CONGRESSIONAL RECORD — SENATE March 24, 1995 ‘‘(B) The State may enforce a time limita- As of January 1, 1995, there were has created a new rule of constitu- tion under this section by applying for a writ some 2,976 inmates on death row. Yet, tional law and applied that rule retro- of mandamus to the Supreme Court. only 38 prisoners were executed last actively. Our bill also ensures that ‘‘(5) The Administrative Office of United States Courts shall submit to Congress an year, and the States have executed proper deference is given to the judg- annual report on the compliance by the only 263 criminals since 1973. In 1989, a ments of State courts, who have the courts of appeals with the time limitations committee chaired by then-retired Su- primary obligation of trying criminal under this section.’’. preme Court Justice Lewis Powell cases. After all, finality is a hallmark (b) TECHNICAL AMENDMENT.—The part anal- found, among other things, extraor- of a just system, and must be main- ysis for part IV of title 28, United States dinary delays in the discharge of sen- tained in order to preserve the legit- Code, is amended by adding after the item relating to chapter 153 the following new tences and an abuse of the litigation imacy of the criminal process. item: process. The committee reported that Critics of meaningful habeas reform ‘‘154. Special habeas corpus pro- Federal habeas corpus made up ap- complain that the reformers are seek- cedures in capital cases ...... 2261.’’. proximately 40 percent of the total ing to destroy the Constitution’s guar- SEC. 9. TECHNICAL AMENDMENT. delay from sentence to execution in a antees of individual liberty. This spe- Section 408(q) of the Controlled Substances random sampling of cases. At that cious argument is simply incorrect. It Act (21 U.S.C. 848(q)) is amended— time, the shortest of these proceedings misstates the original understanding of (1) in paragraph (4)(A), by striking ‘‘shall’’ lasted for 2.5 years and the longest and inserting ‘‘may’’; the habeas process. The legislation nearly 15 years. Senator SPECTER and I have introduced (2) in paragraph (4)(B), by striking ‘‘shall’’ The Powell committee concluded and inserting ‘‘may’’; and will uphold the constitutional guaran- (3) by amending paragraph (9) to read as that the Federal collateral review tees of freedom from illegal punish- follows: process, with the long separation be- ment, while at the same time ensuring ‘‘(9) Upon a finding that investigative, ex- tween sentence and effectuation of that that lawfully convicted criminals will pert, or other services are reasonably nec- sentence, ‘‘hamper[ed] justice without not be able to twist the criminal jus- essary for the representation of the defend- improving the quality of adjudication.’’ tice system to their own advantage. ant, whether in connection with issues relat- [Powell Committee Report at 4.] This I believe that the bill we have intro- ing to guilt or the sentence, the court may abuse of habeas corpus litigation, par- authorize the defendant’s attorneys to ob- duced today will give the American ticularly in those cases involving law- tain such services on behalf of the defendant people the crime control legislation fully imposed death sentences, has and, if so authorized, shall order the pay- they demand and deserve. I urge the taken a dreadful toll on victims’ fami- ment of fees and expenses therefor under support of my colleagues for this im- paragraph (10). No ex parte proceeding, com- lies, seriously eroded the public’s con- portant legislation. munication, or request may be considered fidence in our criminal justice system, pursuant to this section unless a proper and drained State criminal justice re- By Mr. HATFIELD: showing is made concerning the need for con- sources. This was not the system envi- fidentiality. Any such proceeding, commu- sioned by the Framers of our Constitu- S. 624. A bill to establish a Science nication, or request shall be transcribed and and Mathematics Early Start Grant made a part of the record available for appel- tion. late review.’’. In my home State of Utah, for exam- Program, and for other purposes; to the SEC. 10. SEVERABILITY. ple, convicted murderer William An- Committee on Labor and Human Re- If any provision of this Act, an amendment drews delayed the imposition of a con- sources. made by this Act, or the application of such stitutionally imposed death sentence SCIENCE AND MATH EARLY START GRANT provision or amendment to any person or for over 18 years. The State had to put PROGRAM ACT circumstance is held to be unconstitutional, up millions of dollars in precious the remainder of this Act, the amendments Mr. HATFIELD. Mr. President, I re- made by this Act, and the application of the criminal justice resources to litigate gard the eight National Education provisions of such to any person or cir- his meritless claims. His guilt was Goals we codified in the Goals 2000 leg- cumstance shall not be affected thereby. never in question. He was not an inno- islation as very important challenges; Mr. HATCH. Mr. President, I thank cent person seeking freedom from an challenges we must make every effort my friend from Pennsylvania, my dis- illegal punishment. Rather, he simply to meet in order to ensure the future of tinguished colleague on the Judiciary wanted to frustrate the imposition of the Nation. All of these goals are inter- Committee, for his kind words. Senator punishment his heinous crimes war- connected. We cannot afford to lag be- SPECTER, a former prosecutor, is one of ranted. hind in any and expect to attain the the most knowledgeable persons on the Senator SPECTER and I have worked rest. At this time, it appears that U.S. Judiciary Committee with respect to to draft a consensus habeas corpus re- students continue to lag dangerously habeas corpus litigation. He has long form measure that will respect the tra- behind in mathematics and science been an advocate for habeas reform. ditional roles of State and Federal achievement. Together, we have worked hard to craft courts, secure the legitimate constitu- tional rights of the defendant, and re- With the passage of Goals 2000 and a consensus bill that will enact mean- the ESEA reauthorization, we hope to ingful reform of the Federal habeas store balance to the criminal justice system. reduce that gap. Yet, there are still corpus process. Today, we are intro- glaring holes in our math and science ducing as legislation the product of Habeas corpus reform must not dis- courage legitimate petitions that are educational programs. The bill I am in- those labors. troducing today is designed to fill one I am pleased to join with Senator clearly meritorious and deserve close of those holes. It is that, unfortu- SPECTER in introducing legislation to scrutiny. Meaningful reform must, nately, many currently funded Federal reform Federal habeas corpus proce- however, stop repeated assaults upon dures. This marks an important step in fair and valid State convictions programs for children, especially pre- the process of ensuring that convicted through spurious petitions filed in Fed- school youngsters, such as Head Start criminals receive the punishment they eral court. do not usually include any special em- justly deserve. A criminal justice sys- As a consequence, the reform pro- phasis on math or science education. tem incapable of enforcing legally im- posal Senator SPECTER and I have in- Even when math and science are in- posed sentences cannot be called just troduced sets time limits to eliminate cluded as part of the curriculum, they and must be reformed. unnecessary delay and to discourage are often the weakest areas of empha- The statutory writ of habeas corpus those who would use the system to pre- sis. is an important means of guaranteeing vent the imposition of a just sentence. Ask any parent to list the character that innocent persons will not be ille- Manufactured delays breed contempt traits of preschoolers and high on the gally imprisoned. Indeed, the Constitu- for the law and have a profound effect list will be curiosity and a desire to tion guarantees the writ against sus- on the victims of violent crime. learn ‘‘why.’’ These children are natu- pension. Unfortunately, this bulwark Our proposed legislation limits sec- rally curious and eager to understand of liberty has been perverted by those ond or successive Federal petitions to the world around them. I believe that who would seek to frustrate the de- claims of factual innocence or in those we, as a nation of educators, are miss- mands of justice. instances in which the Supreme Court ing a tremendous opportunity when we

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4597 fail to build on this natural curiosity experience the excitement of hands-on tive systemic influence on the level of teach- by failing to provide these rich experi- activities in order to communicate er and student self-esteem, which in turn has ences. that excitement to children. No more increased the effectiveness of student learn- Federal programs intended to provide than 25 percent of the funds can be ing across their curriculum.’’ The Portland additional support for low income chil- Public School evaluation is currently in used for the purchase of supplies nec- process. Marylhurst plans to replicate the dren such as Head Start and chapter I essary to carry out the activities. successful model through Head Start college should include activities rich in early A second part of the legislation pro- partnerships. math and science investigations. It is vides funds to enable Head Start teach- Through the Science and Math Early Start the very nature of science to answer ers to participate in professional devel- Program Act of 1995, Congress can provide the question ‘‘why.’’ Early exposure to opment programs in science and math- seed money to encourage efficient replica- age-appropriate, inquiry-based science ematics teaching methods. tion of similar programs, which can be main- and mathematics experiences will pro- We simply cannot afford to miss the tained without ongoing government support vide the foundation on which later un- opportunity to replicate this concept with funding provided by foundations and corporations. This legislation not only en- derstanding rests. throughout the preschool and Head sures that low income children are included Why, with rare exception, are edu- Start programs nationwide. These pro- in national science and math education re- cational programs rich in math and grams are a positive investment in the form efforts, but also improves Head Start science missing from preschool cur- lives of these disadvantaged children teacher preparation so that they can better riculum? I believe that the major rea- and will create a lifelong interest in prepare their students for a more techno- son is that most preschool teachers math and science. That interest is crit- logically and scientifically complex future. have little experience with simple ical to the future of the children and Sincerely, science and mathematics activities, equally critical to the future of the Na- NANCY WILGENBUSCH, President. feel uncomfortable with teaching tion. Mr. President, I ask unanimous con- science and mathematics, and are not NATIONAL HEAD START ASSOCIATION, prepared to teach age-appropriate and sent that these letters from the presi- Alexandria, VA, January 9, 1995. inquiry-based science and mathe- dent of Marylhurst College and Sarah Hon. MARK O. HATFIELD, matics. This is an area of greatest Greene, chief executive officer of Na- Hart Senate Office Building, need. While I do not underestimate the tional Head Start Association, be Washington, DC. importance of language development printed in the RECORD. DEAR SENATOR HATFIELD: The National and social experiences that are a large There being no objection, the mate- Head Start Association supports efforts to part of preschool programs, I feel that rial was ordered to be printed in the expand the Summer Science Institute and make it an integral part of the education RECORD, as follows: we can no longer minimize the impor- program for preschoolers. Dr. Nancy MARYLHURST COLLEGE, tance of early science and math inves- Wilgenbush, President, Marylhurst College, Marylhurst, OR, March 20, 1995. tigations. This is particularly true of presented an overview of the Summer Hon. MARK O. HATFIELD, the target group of Head Start as pre- Science Institute to over 5,000 Head Start Hart Senate Office Building, teachers, administrators, and parents during schoolers from low-income families Washington, DC. our annual conference in April 1993. She also often have very limited opportunities DEAR SENATOR HATFIELD: As President of to be exposed to science activities. Marylhurst College, an accredited, private, conducted a workshop during the conference, It is possible to provide these experi- liberal arts college dedicated to making in- it was packed. The presentation resulted in novative post-secondary education accessible an overwhelming request for more informa- ences to preschoolers? The answer is tion on project implementation. Our office, provided by a program conducted at to self-directed students of all ages, I am de- lighted to offer this letter of support for the as well as Dr. Wilgenbush’s, continue receiv- Marylhurst College in Portland, OR. ing such inquiries. This wonderful program, now in its Science and Math Early Start Grant Pro- gram Act. After receiving the absolutely positive re- third year, is training Head Start Despite national concern and reform ef- sults of the project conducted in Portland teachers to use exciting, age-appro- forts, science and mathematics education for with Albina Head Start teachers, I am con- priate math and science activities in preschool children remains limited, and vinced of the need to implement the Summer their classes. Picture the effect these ample studies demonstrate an even greater Science Institute nationwide. This early infusion of science for young activities have on disadvantaged and lack of science and math skills among low income students. A longitudinal study of dis- low income children is essential if we are minority youth. In all likelihood, this preparing them for the 21st Century. is the first chance these children have advantaged children at the Perry Preschool in Ypsilanti, Michigan, found that for every Thank you for introducing a bill providing to relate math and science to their dollar invested, seven dollars were returned funds to implement this project. lives. The teacher training program to society in terms of higher income and Sincerely, has been conducted for the past three fewer costs related to welfare and crime. SARAH M. GREENE, years, and the results have been phe- Widely recognized as a successful interven- Chief Executive Officer. nomenal. tion, Head Start provides low income chil- f dren with basic education, but it has been Consider what two teachers, Sherry ADDITIONAL COSPONSORS Wright and Debi Coffey, from the criticized for not providing discipline-based Albina Head Start program in Oregon instruction—especially in science—due to S. 16 had to say. ‘‘After two years of using the teachers’ lack of educational prepara- At the request of Mr. DOLE, the tion. In fact, the final Report of the Advisory names of the Senator from Montana the knowledge we gained from the Committee on Head Start Quality and Ex- Marylhurst College instructors, we pansion (12/93) recommends strengthening [Mr. BAUCUS], the Senator from Utah truly feel confident in using science ev- staff training and building partnerships with [Mr. BENNETT], the Senator from Colo- eryday. Our children have learned how the private sector. rado [Mr. BROWN], the Senator from to predict and discover the possible re- Marylhurst designed its Summer Science Maine [Mr. COHEN], the Senator from sults to a problem. Our children will Institute to address this problem by training Idaho [Mr. CRAIG], the Senator from take the science experience that they Head Start teachers to teach science and en- New York [Mr. D’AMATO], the Senator courage their students to develop an interest from New Mexico [Mr. DOMENICI], the learned in Head Start with them in science. The pilot Institute—an intensive, throughout the rest of their lives.’’ experiential, four-week, college credit course Senator from Iowa [Mr. GRASSLEY], the Andrey Sylvia, who had no science covering basic scientific principles—has been Senator from Mississippi [Mr. LOTT], classes at all prior to the Marylhurst offered to 53 Albina Head Start and Portland the Senator from Alaska [Mr. MUR- College Head Start Summer Institute, Public School teachers since 1992. Seventy- KOWSKI], the Senator from Oklahoma expressed the result excitedly and suc- five percent reported that the experience [Mr. NICKLES], the Senator from South cinctly. ‘‘Now I am a science whiz!’’ completely changed their attitudes about Dakota [Mr. PRESSLER], the Senator My legislation provides for a com- science and their abilities to learn and teach from Pennsylvania [Mr. SANTORUM], petitive grant program to establish science. and the Senator from Illinois [Mr. According to an independent evaluation by demonstration sites to acquaint pre- Northwest Regional Educational Laboratory, SIMON] were added as cosponsors of S. school teachers with the stimulating the Institute made a major contribution to 16, a bill to establish a commission to processes involved in the inquiry ap- science teaching in the Albina program. review the dispute settlement reports proach. The teachers themselves must NWREL concluded that it also had ‘‘a posi- of the World

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4598 CONGRESSIONAL RECORD — SENATE March 24, 1995 Trade Organization, and for other pur- Thurmond, Mr. Jeffords, Mr. Campbell, and vision. I have seen a number of pro- poses. Mr. Craig. grams terminated on the Senate floor, Indian Affairs: Mr. McCain (Chairman), S. 240 after hours of spirited debate centered Mr. Murkowski, Mr. Gorton, Mr. Domenici, around the question—‘‘can we afford At the request of Mr. DOMENICI, the Mrs. Kassebaum, Mr. Nickles, Mr. Campbell, names of the Senator from Idaho [Mr. Mr. Thomas, and Mr. Hatch. it’’? After concluding that we could not KEMPTHORNE], the Senator from New afford the program in question, we ter- f Hampshire [Mr. SMITH], and the Sen- minated the program, then failed to ad- ator from Tennessee [Mr. FRIST] were SENATE RESOLUTION 94—MAKING just the spending caps downward, added as cosponsors of S. 240, a bill to A MAJORITY PARTY APPOINT- meaning that we simply spent the amend the Securities Exchange Act of MENT money on something else. Such a ‘‘loophole’’ in this legislation would be 1934 to establish a filing deadline and Mr. DOLE submitted the following a costly and destructive provision that to provide certain safeguards to ensure resolution; which was considered and would make a mockery of this meas- that the interests of investors are well agreed to: protected under the implied private ac- ure. Without the lockbox provision the S. RES. 94 tion provisions of the act. President could terminate a program Resolved, That the Senator from Colorado with an eye toward seeing those funds S. 388 (Mr. Campbell) is hereby appointed to the reprogrammed in another direction. Or, At the request of Ms. SNOWE, the Committee on Agriculture, Nutrition and Congress could simply retitle or reallo- name of the Senator from Mississippi Forestry, and that the following be the ma- cate the funding items which failed to [Mr. COCHRAN] was added as a cospon- jority membership on that committee for the pass muster. That would subvert the sor of S. 388, a bill to amend title 23, 104th Congress, or until their successors are clear intention of this sharpened tool, United States Code, to eliminate the appointed: which is to enable the President to as- penalties for noncompliance by States Agriculture, Nutrition and Forestry: Mr. Lugar (Chairman), Mr. Dole, Mr. Helms, Mr. sist in slowing down and reducing Gov- with a program requiring the use of Cochran, Mr. McConnell, Mr. Craig, Mr. ernment spending. motorcycle helmets, and for other pur- Coverdell, Mr. Santorum, Mr. Warner, and What pleases me the most about this poses. Mr. Campbell. legislation is that its modified form S. 391 f will permit the President to confront At the request of Mr. CRAIG, the the problem of rising entitlement names of the Senator from Wyoming AUTHORITY FOR COMMITTEES TO MEET spending. This is, as we well know, the [Mr. SIMPSON] and the Senator from fastest growing category of Federal Arizona [Mr. KYL] were added as co- SUBCOMMITTEE ON THE CONSTITUTION spending, and the single greatest cause sponsors of S. 391, a bill to authorize Mr. PACKWOOD. Mr. President, I ask of runaway debt. In the past, one over- and direct the Secretaries of the Inte- unanimous consent that the Sub- used tactic used to evade the discipline rior and Agriculture to undertake ac- committee on the Constitution, Fed- of discretionary spending caps has been tivities to halt and reverse the decline eralism, and Property Rights of the to promote new programs in the form in forest health on Federal lands, and Senate Committee on the Judiciary, be of mandatory entitlements. This des- for other purposes. authorized to meet during a session of ignation has shielded them from an- f the Senate on Friday, March 24, 1995, at nual scrutiny through the appropria- SENATE RESOLUTION 92—AMEND- 9 a.m., in Senate Dirksen Room 226, on tions process and creates an ever ex- ING RULE XXV OF THE STAND- ‘‘The 10th Amendment and the Con- panding ‘‘black hole’’ into which our ING RULES OF THE SENATE ference of the States.’’ Federal dollars disappear. Giving the The PRESIDING OFFICER. Without President a chance to ward off future Mr. DOLE submitted the following objection, it is so ordered. trespasses in area will make this legis- resolution; which was considered and lation much more effective in control- agreed to: f ling spending. S. RES. 92 ADDITIONAL STATEMENTS Opponents of this measure have criti- Resolved, That Rule XXV, paragraph 2, of cized the line-item veto on the basis of the Standing Rules of the Senate is amended or experience with it at the State level. as follows: THE LINE-ITEM VETO Sometimes they say that such author- Strike the figure after ‘‘Agriculture, Nutri- ∑ tion, and Forestry’’ and insert in lieu thereof Mr. SIMPSON. Mr. President, it was ity is not easily applied at the Federal ‘‘18’’. with the greatest of enthusiasm that I level, or worse yet, that it does not Strike the figure after ‘‘Energy and Nat- chose to support the line-item veto leg- even work in the States. The latter ural Resources’’ and insert in lieu thereof islation. contention is simply flat-out wrong. ‘‘20’’. In just a few weeks, all of us will be The line-item veto does work effec- SEC. 2. That Rule XXV. paragraph 3(c) of asked to cast our votes to raise the tively at the State level. We heard tes- the Standing Rules of the Senate is amended debt ceiling for this country to more timony to that effect in the Judiciary as follows: than $5 trillion. It is difficult to com- Strike the figure after ‘‘Indian Affairs’’ Committee, where we learned of count- and insert in lieu thereof ‘‘16’’. prehend the enormity of this figure. If less instances in which governors have you took those 5 trillion individual dol- f used the power to eliminate wasteful lars and laid them end to end, they spending from appropriations bills. It SENATE RESOLUTION 93—MAKING would span the vast icy distance be- is one reason why no State has a fiscal MAJORITY PARTY APPOINT- tween the Earth and Moon almost 2,000 crisis on the order of compare to our MENTS TO SENATE COMMITTEES times. Federal deficit. Mr. DOLE submitted the following The line-item veto represents a small I fully understand the sincerity of op- resolution; which was considered and but most significant first step toward ponents of this measure when they agreed to: processes to ensure greater fiscal re- voice fears that the line-item veto S. RES. 93 sponsibility. I believe the measure that would give to much power to the Presi- Resolved, That the following shall con- we recently passed is the best workable dent. The allegation has been made stitute the majority party’s membership on compromise between various ap- that the President could use this power the following Senate committees for the proaches and will make this legislation to punish individual legislators, indeed 104th Congress, or until their successors are very effective. I am particularly to carry out a personal vendetta appointed: pleased by the inclusion of a ‘‘lockbox’’ against a particular Congressman or Energy and Natural Resources: Mr. Mur- provision to ensure that any spending Senator. I simply believe that due re- kowski (Chairman), Mr. Hatfield, Mr. that is ‘‘zeroed out’’ is earmarked for flection on this matter will show that Domenici, Mr. Nickles, Mr. Craig, Mr. Camp- bell, Mr. Thomas, Mr. Kyl, Mr. Grams, Mr. deficit reduction. there is little to fear from such a situa- Jeffords, and Mr. Burns. Our past experience with spending tion occurring. First of all, these ve- Veterans’ Affairs: Mr. Simpson (Chair- patterns here in Congress demonstrates toes will not be made in secret. The man), Mr. Murkowski, Mr. Specter, Mr. why it was crucial to include this pro- press will eagerly report on the items

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4599 rescinded, and they will be evaluated in The editorial follows: sphere. Cuba, absent the ghosts of the cold their own right, quite apart from any [From the New York Times, Mar. 19, 1995] war, is an impoverished neighbor of the United States led by a dictator overtaken by personal issues surrounding them. Re- CUBA: TIME TO CHANGE DIRECTION gardless of the President’s personal history. American policy should reflect that The sight of Fidel Castro in a business suit reality rather than a world that no longer feelings about any legislator, the final being escorted about Paris this week as an exists.∑ test of the issue will be whether or not honored guest deserves some consideration in Washington. With the Soviet Union gone the spending is appropriate. Both the f President and the Congress will have to and the cold war over, the only threat that make the appropriate case as to wheth- the Cuban Communist poses to the United States lies in the imagination of ideological er or not the spending should occur. NICKLES-REID SUBSTITUTE TO S. warriors like Senator Jesse Helms. While the 219 I was extremely pleased when Bill time has not yet come to welcome Mr. Cas- Clinton, as a candidate for the Presi- tro to Washington, a re-examination of Cuba ∑ Mr. NICKLES. Mr. President, upon dency, indicated his support for a line- policy is long overdue. The embargo of Cuba, the consideration of S. 219, the Regu- item veto. We on our side of the aisle, begun when John Kennedy occupied the latory Transition Act, I will offer along have delivered such an option to him. White House and Nikita Khrushchev was So- with my colleagues Senator HARRY It is a good time to do it—with a Re- viet leader, has outlived its usefulness. REID, Senator KIT BOND, and Senator Conservatives still cling to the notion that publican Congress and Democratic KAY BAILEY HUTCHISON an amendment President. It is a clear indication that isolating Cuba and creating misery for its people will eventually cause an uprising and which provides for a 45-day congres- this should not be a partisan issue. It sweep Mr. Castro from power. Now that he is sional review of Federal regulations. should be an issue around which fis- without Soviet support and his economy is During that time, Congress will be au- cally responsible legislators on both in tatters, they reason, sanctions should be thorized to review and, potentially, re- sides can rally. tightened. ject regulations before they become Many of my colleagues are already This scenario is unwise and inhumane. final. This alternative provide an op- very familiar with a process that I Cuba will survive because other nations are portunity to move forward on the crit- have seen too often in my 16 years of investing there and are not participating in the embargo. Last year when a resolution ical issue of regulatory reform in a bi- Senate service. We send a popular bill partisan manner. down to the other end of Pennsylvania against the embargo came up at the U.N., it I ask that following my statement Avenue only after we have loaded it up passed by 101 votes to 2. The kind of outright rebellion envisioned by Senator Helms and the text of the amendment be printed with a pile of pet pork projects, know- some Cuban-Americans, if it did occur, in the RECORD. ing full well that the President has to would bring bloodshed and more misery for The proposed amendment follows: swallow everything in order to get the many Cubans. At a time when Washington is provisions that are so desired by him. trying hard to encourage peaceful transi- Strike out all after the enacting clause and There might be clearly wasteful spend- tions elsewhere in the region and world, it insert in lieu thereof the following: ing in that package, but the President makes little sense to encourage bloodshed in SECTION 1. SHORT TITLE. must nonetheless feel compelled to Cuba. This Act may be cited as the ‘‘Regulatory sign the bill simply because it is the An increasing number of younger, more Transition Act of 1995’’. moderate Cuban-Americans are fed up with SEC. 2. FINDING. only way to preserve ‘‘essential’’ the revenge fantasies of their elders, and The Congress finds that effective steps for spending or other legislative language. would like to see more dialogue and com- improving the efficiency and proper manage- This problem is compounded when merce with Mr. Castro’s regime. They feel ment of Government operations will be pro- the President is sent the appropria- that his repressive policies could not con- moted if a moratorium on the effectiveness tions bills at the 11th hour of the con- tinue for long if the barriers were lifted and of certain significant final rules is imposed ordinary Cubans could have a taste of mate- gressional session. The President must in order to provide Congress an opportunity rial success and a whiff of personal freedom sign those, or else risk a temporary for review. shutdown of vial Government func- from the north. Washington’s anachronistic policy may even help Mr. Castro, by giving SEC. 3. MORATORIUM ON REGULATIONS; CON- tions. GRESSIONAL REVIEW. The veto in its current form is a ter- him a convenient scapegoat for all his fail- ure at home. (a) REPORTING AND REVIEW OF REGULA- ribly crude blunt instrument, and it Without the embargo, the excuses would be TIONS.— does not enable the President to deal gone. Open communication with the United (1) REPORTING TO CONGRESS.— effectively with these situations. Pas- States, freedom for Cuban-Americans to in- (A) Before a rule can take effect as a final sage of the line-item veto will finely vest in businesses back home, and access to rule, the Federal agency promulgating such make it a more precise and agile tool, North American goods could be first steps. rule shall submit to each House of the Con- one which can be surgically wielded ef- More favorable trade conditions could be gress a report containing— fectively on behalf of the U.S. tax- held out as incentives to further reforms. (i) a copy of the rule; (ii) a concise general statement relating to payer.∑ Mr. Castro’s Paris visit illustrated the power of the friendly gesture. After his warm recep- the rule; f tion by President Mitterrand, Mr. Castro (iii) the proposed effective date of the rule; CUBA: TIME TO CHANGE agreed to allow a French human rights group and (iv) a complete copy of the cost-benefit DIRECTION to visit. There should be gradations in American analysis of the rule, if any. ∑ Mr. SIMON. Mr. President, my col- policy toward repressive governments. When (B) Upon receipt, each House shall provide leagues in the Senate know that I American national security is potentially copies to the Chairman and Ranking Member think that the policy of the United threatened, as with Iran and its efforts to de- of each committee with jurisdiction. States toward Cuba does not make any velop nuclear weapons, Washington is justi- (2) EFFECTIVE DATE OF SIGNIFICANT RULES.— sense at all. fied in banning commerce. In cases like A significant rule relating to a report sub- I have introduced a bill which would China and Cuba, where internal policies are mitted under paragraph (1) shall take effect as a final rule, the latest of— permit Americans to travel to Cuba. To anathema to Americans but American secu- rity is not at risk, commerce can be encour- (A) the later of the date occurring 45 days deny travel to any place, other than for aged but trade privileges should be withheld. after the date on which— security reasons, is an infringement of Scuttling the embargo would take some (i) the Congress receives the report sub- basic free speech. political courage. All the White House had to mitted under paragraph (1); or We have to be able to learn as much do last week to inspire Mr. Helms’s wrath (ii) the rule is published in the Federal as we can everywhere. To restrict trav- was to hint that it might consider lifting Register; el is to restrict the thought and learn- some additional sanctions imposed last year (B) if the Congress passes a joint resolution ing process. during the immigration crisis. But the polit- of disapproval described under section 4 re- The New York Times recently had an ical clout of the Cuban exile community has lating to the rule, and the President signs a veto of such resolution, the earlier date— editorial titled ‘‘Cuba: Time to Change diminished in recent years as more Cuban- Americans have abandoned the traditional (i) on which either House of Congress votes Direction.’’ confrontational stance. and fails to override the veto of the Presi- It points out the ridiculousness of Long gone are the days when Soviet troops dent; or our present Cuban policy. and bases in Cuba represented a real threat (ii) occurring 30 session days after the date I ask that the New York Times edi- to the United States and Mr. Castro was ex- on which the Congress received the veto and torial be printed in the RECORD. porting arms and revolution in the hemi- objections of the President; or

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4600 CONGRESSIONAL RECORD — SENATE March 24, 1995 (C) the date the rule would have otherwise a final rule) on the date of the enactment of nection therewith, shall be limited to not taken effect, if not for this section (unless a this Act; and more than 10 hours, which shall be divided joint resolution of disapproval under section (B) a report on such rule were submitted to equally between those favoring and those op- 4 is enacted). Congress under subsection (a)(1) on such posing the resolution. A motion further to (3) EFFECTIVE DATE FOR OTHER RULES.—Ex- date. limit debate is in order and not debatable. cept for a significant rule, a rule shall take (3) ACTUAL EFFECTIVE DATE NOT AF- An amendment to, or a motion to postpone, effect as otherwise provided by law after sub- FECTED.—The effectiveness of a rule de- or a motion to proceed to the consideration mission to Congress under paragraph (1). scribed under paragraph (1) shall be as other- of other business, or a motion to recommit (b) TERMINATION OF DISAPPROVED RULE- wise provided by law, unless the rule is made the resolution is not in order. MAKING.—A rule shall not take effect (or con- of no force or effect under section 4. (3) FINAL PASSAGE.—Immediately following tinue) as a final rule, if the Congress passes (f) NULLIFICATION OF RULES DISAPPROVED the conclusion of the debate on a resolution a joint resolution of disapproval described BY CONGRESS.—Any rule that takes effect described in subsection (a), and a single under section 4. and later is made of no force or effect by the quorum call at the conclusion of the debate (c) PRESIDENTIAL WAIVER AUTHORITY.— enactment of a joint resolution under sec- if requested in accordance with the rules of (1) PRESIDENTIAL DETERMINATIONS.—Not- tion 4 shall be treated as though such rule the appropriate House, the vote on final pas- withstanding any other provision of this sec- had never taken effect. sage of the resolution shall occur. tion (except subject to paragraph (3)), a rule (g) NO INFERENCE TO BE DRAWN WHERE (4) APPEALS.—Appeals from the decisions RULES NOT DISAPPROVED.—If the Congress that would not take effect by reason of this of the Chair relating to the application of Act may take effect, if the President makes does not enact a joint resolution of dis- the rules of the Senate or the House of Rep- a determination under paragraph (2) and sub- approval under section 4, no court or agency resentatives, as the case may be, to the pro- mits written notice of such determination to may infer any intent of the Congress from cedure relating to a resolution described in the Congress. any action or inaction of the Congress with subsection (a) shall be decided without de- (2) GROUNDS FOR DETERMINATIONS.—Para- regard to such rule, related statute, or joint bate. graph (1) applies to a determination made by resolution of disapproval. the President by Executive order that the SEC. 4. CONGRESSIONAL DISAPPROVAL PROCE- (e) TREATMENT IF OTHER HOUSE HAS rule should take effect because such rule is— DURE. ACTED.—If, before the passage by one House (A) necessary because of an imminent (a) JOINT RESOLUTION DEFINED.—For pur- of a resolution of that House described in threat to health or safety or other emer- poses of this section, the term ″joint subsection (a), that House receives from the gency; resolution″ means only a joint resolution in- other House a resolution described in sub- (B) necessary for the enforcement of crimi- troduced after the date on which the report section (a), then the following procedures nal laws; or referred to in section 3(a) is received by Con- shall apply: (C) necessary for national security. gress the matter after the resolving clause of (1) NONREFERRAL.—The resolution of the (3) WAIVER NOT TO AFFECT CONGRESSIONAL which is as follows: ‘‘That Congress dis- other House shall not be referred to a com- approves the rule submitted by the re- DISAPPROVALS.—An exercise by the President ll mittee. of the authority under this subsection shall lating to ll, and such rule shall have no (2) FINAL PASSAGE.—With respect to a reso- have no effect on the procedures under sec- force or effect.’’ (The blank spaces being ap- lution described in subsection (a) of the propriately filled in.) tion 4 or the effect of a joint resolution of House receiving the resolution— (b) REFERRAL.— disapproval under this section. –– (A) the procedure in that House shall be (1) IN GENERAL.—A resolution described in (d) TREATMENT OF RULES ISSUED AT END OF the same as if no resolution had been re- paragraph (1) shall be referred to the com- CONGRESS.— ceived from the other House; but mittees in each House of Congress with juris- (1) ADDITIONAL OPPORTUNITY FOR REVIEW.— (B) the vote on final passage shall be on diction. Such a resolution may not be re- In addition to the opportunity for review the resolution of the other House. ported before the eighth day after its sub- otherwise provided under this Act, in the mission or publication date. (f) CONSTITUTIONAL AUTHORITY.—This sec- case of any rule that is published in the Fed- (2) SUBMISSION DATE.—For purposes of this tion is enacted by Congress— eral Register (as a rule that shall take effect subsection the term ‘‘submission or publica- (1) as an exercise of the rulemaking power as a final rule) during the period beginning tion date’’ means the later of the date on of the Senate and House of Representatives, on the date occurring 60 days before the date which— respectively, and as such it is deemed a part the Congress adjourns sine die through the (A) the Congress receives the report sub- of the rules of each House, respectively, but date on which the succeeding Congress first mitted under section 3(a)(1); or applicable only with respect to the procedure convenes, section 4 shall apply to such rule (B) the rule is published in the Federal to be followed in that House in the case of a in the succeeding Congress. Register. resolution described in subsection (a), and it (2) TREATMENT UNDER SECTION 4.— (c) DISCHARGE.—If the committee to which supersedes other rules only to the extent (A) In applying section 4 for purposes of is referred a resolution described in sub- that it is inconsistent with such rules; and such additional review, a rule described section (a) has not reported such resolution (2) with full recognition of the constitu- under paragraph (1) shall be treated as (or an identical resolution) at the end of 20 tional right of either House to change the though— calendar days after the submission or publi- rules (so far as relating to the procedure of (i) such rule were published in the Federal cation date defined under subsection (b)(2), that House) at any time, in the same man- Register (as a rule that shall take effect as such committee may be discharged by the ner, and to the same extent as in the case of a final rule) on the 15th session day after the Majority Leader of the Senate or the Major- any other rule of that House. succeeding Congress first convenes; and ity Leader of the House of Representatives, (ii) a report on such rule were submitted to as the case may be, from further consider- SEC. 5. SPECIAL RULE ON STATUTORY, REGU- LATORY AND JUDICIAL DEADLINES. Congress under subsection (a)(1) on such ation of such resolution and such resolution date. shall be placed on the appropriate calendar (a) IN GENERAL.—In the case of any dead- (B) Nothing in this paragraph shall be con- of the House involved. line for, relating to, or involving any signifi- strued to affect the requirement under sub- (d) FLOOR CONSIDERATION.— cant rule which does not take effect (or the section (a)(1) that a report must be sub- (1) IN GENERAL.—When the committee to effectiveness of which is terminated) because mitted to Congress before a final rule can which a resolution is referred has reported, of the enactment of a joint resolution under take effect. or when a committee is discharged (under section 4, that deadline is extended until the (3) ACTUAL EFFECTIVE DATE NOT AF- subsection (c)) from further consideration of, date 12 months after the date of the joint FECTED.—A rule described under paragraph a resolution described in subsection (a), it is resolution. Nothing in this subsection shall (1) shall take effect as a final rule as other- at any time thereafter in order (even though be construed to affect a deadline merely by wise provided by law (including other sub- a previous motion to the same effect has reason of the postponement of a rule’s effec- sections of this section). been disagreed to) for a motion to proceed to tive date under section 3(a). (e) TREATMENT OF RULES ISSUED BEFORE the consideration of the resolution, and all (b) DEADLINE DEFINED.—The term ‘‘dead- THIS ACT.— points of order against the resolution (and line’’ means any date certain for fulfilling (1) OPPORTUNITY FOR CONGRESSIONAL RE- against consideration of resolution) are any obligation or exercising any authority VIEW.—The provisions of section 4 shall apply waived. The motion is not subject to amend- established by or under any Federal statute to any significant rule that is published in ment, or to a motion to postpone, or to a or regulation, or by or under any court order the Federal Register (as a rule that shall motion to proceed to the consideration of implementing any Federal statute or regula- take effect as a final rule) during the period other business. A motion to reconsider the tion. beginning on November 20, 1994, through the vote by which the motion is agreed to or dis- date on which this Act takes effect. agreed to shall not be in order. If a motion SEC. 6. DEFINITIONS. (2) TREATMENT UNDER SECTION 4.—In apply- to proceed to the consideration of the resolu- For purposes of this Act— ing section 4 for purposes of Congressional tion is agreed to, the resolution shall remain (1) FEDERAL AGENCY.—The term ‘‘Federal review, a rule described under paragraph (1) the unfinished business of the respective agency’’ means any ‘‘agency’’ as that term is shall be treated as though— House until disposed of. defined in section 551(1) of title 5, United (A) such rule were published in the Federal (2) DEBATE.—Debate on the resolution, and States Code (relating to administrative pro- Register (as a rule that shall take effect as on all debatable motions and appeals in con- cedure).

VerDate Aug 31 2005 05:30 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S24MR5.REC S24MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 24, 1995 CONGRESSIONAL RECORD — SENATE S4601 (2) SIGNIFICANT RULE.—The term ‘‘signifi- the most desirable means to achieve In Sunday’s Washington Post Jane cant rule’’ means any final rule, issued after responsible reform. Bryant Quinn’s column ends with the November 9, 1994, that the Administrator of As I see it, the current problem lies words: ‘‘Big cuts in the Federal deficit the Office of Information and Regulatory Af- in the fact that the Congress can ig- would improve confidence abroad. But fairs within the Office of Management and Budget finds— nore the rescissions proposed by the Congress and the voters aren’t there (A) has an annual effect on the economy of President. While the President can yet.’’ $100,000,000 or more or adversely affects in a veto an entire appropriations bill, And in a column by Stan Hinden material way the economy, a sector of the doing so forces the President to dis- there is reference to Donald P. Gould, a economy, productivity, competition, jobs, approve items which he supports as California money manager of a mutual the environment, public health or safety, or well. Thus, unless appropriations bills fund. State, local, or tribal governments or com- contain a particularly egregious item In the Hinden column, among other munities; or items, Presidents now generally sign things, he says: ‘‘Gould noted that the (B) creates a serious inconsistency or oth- erwise interferes with an action taken or them, thereby permitting spending he global strength of the dollar has been planned by another agency; considers unnecessary to continue in slipping for 25 years—except for an up- (C) materially alters the budgetary impact order to avoid striking down other ward blip in the early 1980s.’’ of entitlement, grants, user fees, or loan pro- items which he does approve. It is not sheer coincidence that for 26 grams or the rights and obligations of recipi- The separate enrollment of each item years in a row we have been operating ents thereof; or will allow the President to reach only with a budget deficit. (D) raises novel legal or policy issues aris- those items he disapproves, and Con- Hinden also notes in his column: ing out of legal mandates, the President’s gress will have to accept those rescis- ‘‘Since 1970, the dollar has lost more priorities, or the principles set forth in Exec- sions unless they are reinstated by a than 60 percent of its value in relation utive Order 12866. to the German mark and has dropped (4) FINAL RULE.—The term ‘‘final rule’’ two-thirds vote in both the House of means any final rule or interim final rule. As Representatives and the Senate. almost 75 percent in relation to the used in this paragraph, ‘‘rule’’ has the mean- Does this cede power to the Presi- Japanese yen. In 1970, it took 3.65 Ger- ing given such term by section 551 of title 5, dent? Certainly. But, I am willing to man marks to buy one U.S. dollar. As United States Code. give the Chief Executive a strong of last week, you could buy a dollar SEC. 7. CIVIL ACTION. check on spending. with only 1.40 marks.’’ An Executive order issued by the President I am willing to give our President the I served in Germany in the Army under section 3(c), and any determination tools to make some tough fiscal deci- after World War II, and I remember it under section 3(a)(2), shall not be subject to sions because a chief executive has, in took a little more than 4 marks to buy judicial review by a court of the United my judgment, a singular ability to en- States. a dollar. vision national priorities and reconcile The Washington Post writer also SEC. 8. APPLICABILITY; SEVERABILITY. (a) APPLICABILITY.—This Act shall apply intense competition between disparate notes: ‘‘Gould, who is president and notwithstanding any other provision of law. interests. It is infinitely easier for one founder of the Franklin Templeton (b) SEVERABILITY.—If any provision of this individual to prioritize spending than Global Trust—which used to be called Act, or the application of any provision of it is for 535 individuals with varied and the Huntington Funds—is not opti- this Act to any person or circumstance, is specific interests. mistic about the dollar’s future. He held invalid, the application of such provi- Not only will the measure passed last sees little chance that the United sion to other persons or circumstances, and night allow the President to strike States will be able to solve the fiscal the remainder of this Act, shall not be af- items in appropriations bills, but it fected thereby. and economic problems that have will also allow the President to strike helped the dollar depreciate.’’ SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of authorizations of new tax expenditures We are getting that message from the enactment of this Act and shall apply to and new direct spending. These other people all over the world. any significant rule that takes effect as a types of spending contribute to our def- I cannot understand why we do not final rule on or after such effective date.∑ icit even more than appropriated listen f items, and should be included. To re- Finally, Donald Gould is quoted as sponsibly control spending, we have to saying: ‘‘For the first time I am aware LINE-ITEM VETO put all options on the table. of, during a global flight to quality, ∑ Mr. ROBB. Mr. President, I take this I would, however, have preferred that that quality has been defined as marks opportunity to speak briefly about yes- the language covering tax expenditures and yen and not dollars.’’ terday’s approval by the Senate of line- been made more clear in the legisla- I hope we start paying attention to item veto legislation, which I sup- tion. While I believe that the language this kind of information.∑ ported. By giving the President and the included meets the same objectives as f Congress separate enrollment of appro- the Bradley amendment, of which I was ORDERS FOR MONDAY, MARCH 27, priated items, new tax expenditures a cosponsor, I believe we should have 1995 and new entitlements, we are better made it clear and free of all ambiguity able to maximize our limited re- that tax breaks are on the table. None- Mr. DOLE. Mr. President, I ask unan- sources, make the wisest investments theless, I believe the language of simi- imous consent that when the Senate in our people and our Nation, and move larly situated taxpayers will be inter- completes its business today it stand in more responsibly toward a balanced preted broadly which will subject a adjournment until the hour of 10:30 Federal budget. wide range of tax breaks to a Presi- a.m., on Monday, March 27, 1995, that Will a line-item veto solve all our fis- dential veto. following the prayer, the Journal of cal problems? No, of course not. But I Mr. President, this body acted re- proceedings be deemed approved to reject the notion that we should not sponsibly yesterday in approving line- date, no resolutions come over under use all available means to force the item veto legislation. As a former Gov- the rule, the call of the calendar be dis- President and the Congress to ernor who had line-item veto author- pensed with, the morning hour be prioritize Federal spending. Our inabil- ity, I understand its importance in im- deemed to have expired, and the time ity, or unwillingness, to make these posing a measure of fiscal discipline on for the two leaders be reserved for their difficult choices has led to a nearly $5 the budget process. We urgently need use later in the day, and that there trillion national debt. this discipline at the Federal level.∑ then be a period for routine morning Was the measure perfect? No, and I f business until 11:30 a.m., with Senators understand the legitimate concerns permitted to speak for up to 5 minutes many Members of this body had about THE DOLLAR’S DECLINE AS each, with the following exceptions: a line-item veto. I think most would DOUBLE-EDGED SWORD Mr. DOMENICI for 10 minutes, Mr. THOM- agree, however, that changes need to ∑ Mr. SIMON. Mr. President, we are re- AS for 10 minutes, and Mr. GRASSLEY be made in our budget process. Our $5 ceiving regular reminders obliquely of for 10 minutes. trillion debt is a testament to that the need for a balanced budget amend- The PRESIDING OFFICER. Without fact. The differences lie in identifying ment. objection, it is so ordered.

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JANET BOND ARTERTON, OF CONNECTICUT, TO BE U.S. no votes will occur during Monday’s f DISTRICT JUDGE FOR THE DISTRICT OF CONNECTICUT. session of the Senate. WILLIS B. HUNT, JR., OF GEORGIA, TO BE U.S. DISTRICT ADJOURNMENT UNTIL 10:30 A.M., JUDGE FOR THE NORTHERN DISTRICT OF GEORGIA. f CHARLES B. KORNMANN, OF SOUTH DAKOTA, TO BE U.S. MONDAY, MARCH 27, 1995 DISTRICT JUDGE FOR THE DISTRICT OF SOUTH DAKOTA. JIM EXON Mr. DOLE. Mr. President, if there be DEPARTMENT OF JUSTICE Mr. DOLE. Mr. President, the States no further business to come before the J. DON FOSTER, OF ALABAMA, TO BE U.S. ATTORNEY of Kansas and Nebraska share a com- Senate I move we stand in adjourn- FOR THE SOUTHERN DISTRICT OF ALABAMA FOR THE mon border. And the citizens of those TERM OF 4 YEARS. ment under the previous order. MARTIN JAMES BURKE, OF NEW YORK, TO BE U.S. MAR- two States also share common charac- The motion was agreed to, and the SHAL FOR THE SOUTHERN DISTRICT OF NEW YORK FOR teristics of hard work, honesty, and Senate, at 3:30 p.m., adjourned until THE TERM OF 4 YEARS. personal responsibility. Monday, March 27, 1995, at 10:30 a.m. IN THE COAST GUARD For the past 16 years, those charac- f COAST GUARD NOMINATIONS BEGINNING DANIEL V. teristics could be seen here in the Sen- RILEY, JR., AND ENDING HEATHER L. MORRISON, WHICH ate, in the work of our colleague, JIM CONFIRMATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY EXON. Executive nominations confirmed by the 6, 1995. As my colleagues know, Senator COAST GUARD NOMINATIONS BEGINNING RALPH R. Senate March 24, 1995: HOGAN, AND ENDING JOHN W. KOLSTAD, WHICH NOMINA- EXON announced on Friday that he will DEPARTMENT OF STATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED retire from the Senate in 1996, and I IN THE CONGRESSIONAL RECORD ON JANUARY 6, 1995. RAY L. CALDWELL, OF VIRGINIA, A CAREER MEMBER COAST GUARD NOMINATIONS BEGINNING GENELLE T. rise today to pay tribute to his distin- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- VACHON, AND ENDING GREGORY A. HOWARD, WHICH guished public service career. COUNSELOR, FOR THE RANK OF AMBASSADOR DURING NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- His service to Nebraska and to Amer- HIS TENURE OF SERVICE AS DEPUTY ASSISTANT SEC- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY RETARY OF STATE FOR BURDENSHARING. 3, 1995. ica began in 1942, when he enlisted in PHILIP C. WILCOX, JR., OF MARYLAND, A CAREER MEM- COAST GUARD NOMINATIONS BEGINNING JAMES M. the U.S. Army, and served for 2 years BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BEGIS, AND ENDING JON W. MINOR, WHICH NOMINATIONS ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR WERE RECEIVED BY THE SENATE AND APPEARED IN THE in the Pacific theater. DURING HIS TENURE OF SERVICE AS COORDINATOR FOR CONGRESSIONAL RECORD ON FEBRUARY 16, 1995. COUNTER TERRORISM. COAST GUARD NOMINATION OF LOUISE A. STEWART, After returning to Nebraska, Senator WHICH WAS RECEIVED BY THE SENATE AND APPEARED Exon would eventually serve for nearly UNITED STATES INTERNATIONAL DEVELOPMENT IN THE CONGRESSIONAL RECORD OF FEBRUARY 16, 1995. 18 years as president of his own office COOPERATION AGENCY FOREIGN SERVICE equipment company. JOHN CHRYSTAL, OF IOWA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- FOREIGN SERVICE NOMINATIONS BEGINNING CHRIS- In 1970, he brought his business expe- VESTMENT CORPORATION FOR A TERM EXPIRING DE- TOPHER E. GOLDTHWAIT, AND ENDING WILLIAM L. rience to the Governor’s office, where CEMBER 17, 1997. BRANT II, WHICH NOMINATIONS WERE RECEIVED BY THE GEORGE J. KOURPIAS, OF MARYLAND, TO BE A MEM- SENATE AND APPEARED IN THE CONGRESSIONAL he served for 8 years, and earned a rep- BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS RECORD ON JANUARY 10, 1995. utation as a guardian of tax dollars. PRIVATE INVESTMENT CORPORATION FOR A TERM EX- FOREIGN SERVICE NOMINATIONS BEGINNING JOHN Since first coming to the Senate in PIRING DECEMBER 17, 1997. THOMAS BURNS, AND ENDING VAN S. WUNDER III, WHICH GLORIA ROSE OTT, OF CALIFORNIA, TO BE A MEMBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 1979, Senator EXON has made a dif- OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ference on a wide number of issues, in- VATE INVESTMENT CORPORATION FOR A TERM EXPIR- 10, 1995. ING DECEMBER 17, 1996. FOREIGN SERVICE NOMINATIONS BEGINNING LUIS E. cluding agriculture, trade, transpor- HARVEY SIGELBAUM, OF NEW YORK, TO BE A MEMBER ARREAGA RODAS, AND ENDING JEFFREY A. WUCHENICH, tation, the budget, and national secu- OF THE BOARD OF THE OVERSEAS PRIVATE INVEST- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MENT CORPORATION FOR A TERM EXPIRING DECEMBER AND APPEARED IN THE CONGRESSIONAL RECORD ON rity. 17, 1996. JANUARY 10, 1995.

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TRIBUTE TO THE MURRAY HOUSE and compassion we can each learn from the ant secretary of defense, very effectively re- tireless efforts of our friends and neighbors. futes this argument in the article he published HON. WILLIAM J. MARTINI f in the Sunday New York Times of February OF NEW JERSEY 26. Lawrence Korb has done his country enor- ZINGERMAN’S DELI’S PAUL AND mous service, both when he was in govern- IN THE HOUSE OF REPRESENTATIVES ARI ment, and even more so afterward by his will- Thursday, March 23, 1995 ingness to speak out forcefully and honestly, Mr. MARTINI. Mr. Speaker, I would like to HON. LYNN N. RIVERS even when this has unfortunately been at take a moment to recognize a truly outstand- OF MICHIGAN some cost to his own professional career. His ing organization in the Eighth Congressional IN THE HOUSE OF REPRESENTATIVES refutation of the most recent arguments that District of New Jersey, and the very special Thursday, March 23, 1995 have been advanced to send an already ex- cessively high Pentagon budget even higher family who have done so much to support it Ms. RIVERS. Mr. Speaker, today, I am over the years. make an extremely contribution to our national pleased to recognize Paul Saginaw and Ari debate and I ask that they be printed here. On February 19, 1995, I was honored to at- Weinzweig, owners of Zingerman's Deli- tend the annual dinner-dance on behalf of the catessen in Ann Arbor, MI. Since opening [From the New York Times, Feb. 26, 1995] Murray House, a facility in Passaic County, Zingerman's in 1982, Paul and Ari have THE READINESS GAP NJ, which provides for the needs of the devel- worked tirelessly to enrich the lives of the less opmentally disabled. fortunate people in their community. (By Lawrence J. Korb) Murray House was the first group home in To help alleviate the problem of hunger in To listen to Republicans and the military the State of New Jersey. It was created the Ann Arbor area, Paul and Ari established brass, you would think America’s armed through the love and dedication of the family Food Gatherers, which collects surplus food forces have fallen into the same 1970’s mo- of Jimmy Murray of Passaic County. Jimmy, from restaurants, dorms, and stores and dis- rass that spawned the term ‘‘hollow mili- the first of five children of Kit and Jim Murray, tary’’ and gave Ronald Reagan a potent issue tributes the food to homeless shelters and for the 1980 campaign. Is it possible that just was born a healthy baby. But during his first halfway houses. Since the program was es- year, he suffered a fever that left him with four years after one of the most stunning tablished almost 6 years ago, more than a half military triumphs in modern times the serv- brain damage. million pounds of food has been delivered. ices could be suffering from inadequate As is so often the case, it was an unfortu- Paul and Ari's generosity extends to their training, shortages of spare parts and poison- nate circumstance that has resulted in so own delicatessen business as well. They hire, ous morale? Just to pose the question in much good for the people of northern New train, and promote recently arrived immigrants those terms points strongly to the common- Jersey. Through Jimmy's situation, the Murray as well as employees with special needs and sense answer—of course not. This is not the family came to know Monsignor John B. 1970’s and the Clinton Administration is not they offer job training for members of Trail- repeating the mistakes of the Carter Admin- Wehrlen, who to this day is still fondly called blazers, an organization that helps those re- Father Jack. Inspired by the need to create a istration. covering from mental illness. Furthermore, Today, the United States spends more than new ministry to address the needs of families Paul and Ari give financial backing to these six times as much on defense as its closest with disabled children, Father Jack founded employees who wish to become partners in rival, and almost as much on national secu- the Department of Persons with Disabilities new business ventures. rity as the rest of the world combined. In within the Diocese of Paterson. As a result of their kind endeavors, Paul 1995, Bill Clinton will actually spend $30 bil- It was through this relationship that Murray and Ari are the recipients of the Jewish Fed- lion more on defense, in constant dollars, House came to be. Father Jack wanted to find than Richard Nixon did 20 years ago and sub- eration of Washtenaw County's first annual stantially more than his own Secretary of a home, instead of an institution, for disabled Humanitarian Award. I can think of none more adults whose parents had passed away or had Defense argued was necessary in 1992. deserving of this honor than Paul and Ari. I Since the collapse of the Berlin wall, the no family to care for them. In 1970, he found would like to congratulate both of them as well Pentagon’s forces have declined by 25 per- his homeÐa 150-year-old diocese building on as express my deep pride and admiration in cent and financing for new weapons has fall- Main Street in Paterson. having such fine citizens in my community. en by 50 percent while readiness spending has It was with the help and efforts of special dropped by only 10 percent. In the last year, f people like the Murray family that Father Jack readiness accounts increased by $5 billion was able to transform a once-vacant building LAWRENCE KORB: THERE IS NO while the overall military budget dropped by into a home that could nurture and serve the READINESS GAP 3 percent. The Pentagon now spends more on needs of those with disabilities. With the help readiness (about $60,000 per person) than it did in the Reagan and Bush Administrations of others in the community, including church- HON. BARNEY FRANK (when readiness hit all-time highs) and 50 es, civic organizations and students, New Jer- OF MASSACHUSETTS percent more than during the Carter years. sey's first group home was opened. It was IN THE HOUSE OF REPRESENTATIVES And the quality of entering recruits is still named ``Murray House,'' after Jimmy Murray. very high (96 percent) and retention rates are Since then, Jimmy's brother, Dennis M. Thursday, March 23, 1995 so good that the Pentagon is still dismissing Murray, and other members of the Murray Mr. FRANK of Massachusetts. Mr. Speaker, people. family, have dedicated their lives to helping it has occurred to me that people who are If readiness spending is higher than in the others by raising much-needed funds for the thinking of launching military action against the Reagan and Bush years, and if the manpower situation is still so solid, why do so many Department for Persons with Disabilities, United States are probably likeliest to do it in politicians and generals warn darkly about a which operates Murray House and more than November of every year, because it is in No- readiness gap? That—not the theological a half-dozen other group homes, supervised vember, just before the budget is prepared question of whether our forces are combat apartments, and vocational programs for the and sent to us, that our friends in the Penta- ready—is the crucial question. The answer is disabled of north Jersey. gon and their supporters often argue that more nuanced than most people would imag- I recently had the pleasure of meeting the America is militarily vulnerable and must ine, and sheds a great deal of light on Penta- Murray family and several hundred of their spend billions of dollars more than we were gon politicking in the post-cold-war era. supporters. This family is a shining example of planning to spend to defend ourselves. I first encountered the politics of military readiness 30 years ago when I was a Naval how a few committed and caring people can Most recently, this came in the form of an flight officer in the Far East. One Sunday change the lives of hundreds or thousands. argument that our readiness was below where afternoon, in response to a call from the Sev- Their selfless dedication and concern for per- it should have been. Lawrence Korb, who was enth Fleet, I reported that only 3 of our 12 sons with disabilities is remarkable, and re- in part responsible for maintaining readiness planes were ready for combat. For my hon- minds us all that there are lessons about love during the Reagan administration as an assist- esty, I received a severe tongue-lashing from

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 680 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 my commanding officer, who informed me below acceptable standards and retention The U.S. has the finest and best financed that whenever headquarters called we were rates dropped precipitously. military in the world. It is also the most always ready. The military, he explained My conclusions were attacked by the Sec- ready, prepared to go thousands of miles on correctly, prized a ‘‘can do outfit,’’ and the retary of Defense but embraced by the mili- short notice. But it is inadequately con- services promoted those who performed re- tary and candidate Reagan. My reward, fol- trolled by its civilian superiors. Because of gardless of circumstances. lowing the Reagan triumph, was to be ap- Bill Clinton’s perceived political vulner- My next encounter was in 1980, when I was pointed ‘‘readiness czar’’ in the Pentagon. ability on defense issues, the civilian leaders preparing a monograph on the subject for the Once in office, I was introduced to another do not wish to risk a confrontation with the American Enterprise Institute. When word of side of the politics of readiness. The military Republicans or the military chiefs. As a re- my project reached the Pentagon I was chiefs, having skillfully used the issue to sult, the ‘‘nonpolitical’’ admirals and gen- drowned in data (some of which was highly help secure a large spending increase, were erals running the military are taking all of classified) and anecdotes from normally much less interested infixing readiness than us to the cleaners, using the readiness gap to tight-lipped bureaucrats. When I went to the in modernizing and enlarging their forces. snatch up precious dollars to defend against Pentagon to conduct some interviews, I was The same Army chief who had coined the a threat that no longer exists. treated like a foreign dignitary. term ‘‘hollow military’’ told the Secretary of f One of my conclusions was that readiness Defense that the best way to improve a sol- is a slippery and poorly understood concept. dier’s readiness was to buy him a new rifle. DELAURO HONORS LOCAL HERO To most people it is a synonym for military Spending for readiness did increase by capability or preparedness. To the military, about 20 percent, or nearly $10,000 per person however, readiness is only one of four compo- (in total, less than one-fifth the increase in HON. ROSA L. DeLAURO nents of preparedness, and not necessarily procurement). Nonetheless, according to the OF CONNECTICUT the most important one. To obtain a true Joint Chiefs, by 1984 the readiness of all picture, one had to look at the other three major units, except Navy ships, had gone IN THE HOUSE OF REPRESENTATIVES pillars—force structure (the number of ships, down and I was being pilloried by the Demo- Thursday, March 23, 1995 planes, tanks), modernization (the age of the crats. forces) and sustainability (staying power). How did this happen? Without telling their Ms. DELAURO. Mr. Speaker, today, I would Thus, a very ready force could be considered civilian ‘‘superiors,’’ the service chiefs had like to ask my colleagues to join me in mourn- militarily impotent if it was too small, too raised the standards for readiness right ing the passing of a true hero. Mr. John old and lacked staying power. By the same along with the Reagan buildup. After these Willsher of Woodbridge, CT, died of a heart token, a force that was bigger, more sophis- standards were made more realistic, readi- ticated and better armed than its adversaries attack last month after helping to rescue two ness began to grow significantly during the could be deemed unready if it was considered young boys, whom he had never met, from last half of the 1980’s, reaching all-time improperly trained and outfitted. the freezing waters of Lily Pond in New highs. The performance of the American I also concluded that readiness is a hot- forces in the gulf in 1990 and 1991 showed just Haven. button political issue, subject to unlimited how capable and ready they were. Having stopped to buy gas, he heard the manipulation. Even the informed public With the ascension of Bill Clinton to the boys screaming from across the street and ran can’t judge such matters as the appropriate Presidency, readiness once again emerged as to help. As part of a brave and selfless rescue force structure, the proper time to replace a the hot-button issue. Senator John McCain, plane or tank and the level of effort nec- effort, he helped remove the boys from the essary to win a war. But everybody wants the Arizona Republican, issued a report frigid waters of the pond. After making the res- and expects a ready force. called ‘‘Going Hollow,’’ in which he drew cue, John Willsher suffered a fatal heart at- Military leaders were quick to grasp the heavily on the views of the Joint Chiefs of tack. Staff. Last December, a weakened President political potential of readiness scares. In the Mr. Willsher died the same way he lived for late 70’s, word went out that reports of readi- Clinton pledged an additional $25 billion for readiness. Nevertheless, it is obvious that 57 yearsÐhelping others. He was known ness problems would be welcomed by head- among relatives and neighbors as helpful and quarters. The only exception was the Marine the current readiness gap, like others since Corps. I was told by a general that the Ma- the 1970’s, was designed and manufactured by generous. His countless acts of selflessness rines had been C–2 (ready) for 200 years! the Pentagon to serve its political agenda— cannot be listed, but will long be remembered I also came to understand that measuring to maintain the cold war status quo. by those who knew him. readiness is hardly an exact science. Each Despite several reviews of force structure Mr. Willsher is remembered by his friends service defined readiness differently, and I in recent years, the services remain config- and family for his good sense of humor, his in- found similar units with similar problems re- ured to contain a non-existent Soviet em- pire. The Navy still keeps three active car- terest in politics, and his love of cooking. He porting different levels of readiness. The Air and his wife, Elizabeth (Buddy), to whom he Force claimed that a fighter pilot needed to rier battle groups, with thousands of battle- fly 20 hours a month to stay battle fit. The ready marines, while the Army and Air had been married for 30 years, and his three Navy and Marine Corps said their pilots Force have nearly 200,000 troops stationed in children, Michael, Peter, and Jennifer, were needed a minimum of 24 hours a month; Air Europe and Asia. Thus, when a crisis erupts very close. National Guard units needed only 10 hours in a Haiti or a Rwanda, these forces must Mr. Willsher moved to the United States per month. No one could ever explain why take on these assignments as ‘‘extra tasks,’’ from Colchester, England in 1963. He worked readiness demanded that Army tanker for which they often lack training and equip- as a plumber for 18 years at the AlliedSignal ment. The question here is not readiness but trucks drive 800 miles a year, why ships Corp. in Stratford and was 2 years away from needed to steam 55 days per quarter or why why we continue to train and deploy forces helicopter pilots needed only 14 hours a for cold war tasks. retirement. month flying time. Additionally, the services have inflated the John Willsher reminds us of the best in peo- Finally, I discovered that a unit’s readi- threat against which readiness is measured. ple. His generosity and selflessness renew our ness was determined by the lowest grade it According to President Clinton, the armed faith in ourselves. received in any of the four categories (per- forces should be prepared to fight two major I am confident that my colleagues in the sonnel, equipment and supplies on hand, regional wars simultaneously: one against House join me as I send my deepest condo- equipment readiness and training). Thus, a Iraq and one against North Korea. According lences to the Willsher family and my gratitude to the Pentagon and many Republicans, the fully manned unit with modern equipment in for the selflessness and bravery demonstrated perfect working order would be classified as services have neither the money nor the not ready if it trained for only a brief period forces to accomplish this. Since defense by John throughout his life. of time. spending is at about 85 percent of its average f Nonetheless, my report for the American cold war level, this leads to the absurd con- Enterprise Institute concluded that the clusion that Iraq and North Korea (which to- PERSONAL EXPLANATION armed forces were indeed experiencing severe gether spend less than $20 billion a year on readiness problems, for three reasons. Given the military) equal 85 percent of the might of the threat posed by our principal adversary, the Soviet empire. HON. ESTEBAN EDWARD TORRES the Soviet Union, military expenditures in Finally, the joint chiefs are simply manip- OF CALIFORNIA the 1970’s were too low. Moreover, the civil- ulating the system. Two of the three Army IN THE HOUSE OF REPRESENTATIVES ian and military leaders of the Department divisions that they identified as unready of Defense decided to spend the few extra were in the process of being demobilized. Thursday, March 23, 1995 dollars they received on stealth war planes, Other units were not able to do routine Mr. TORRES. Mr. Speaker, I was unavoid- cruise missiles and other new technologies at training because they were involved in a real the expense of flying hours and spare parts. war, that is, the October deployment to the ably absent on official business on Wednes- Finally, the Carter Administration allowed Persian Gulf to deal with Saddam’s thrust day, March 22, 1995, for rollcall vote No. 255. military pay and benefits to fall 25 percent toward Kuwait. The Marines, who have fi- Had I been present on the House floor I would behind comparable rates in the private sec- nally caught on, now say that their readiness have cast my vote as follows: ``nay'' on agree- tor. Consequently, the quality of recruits fell is lower than in 1980! ing to the resolution, House Resolution 119, March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 681 for further consideration of H.R. 4, the Per- local regional council of governments in impediment to the implementation of sonal Responsibility Act. identifying this as our county’s top transpor- NAFTA. tation need. This road also does not meet requirements f In addition, CALTRANS, the General Serv- for the transportation of hazardous mate- STATE ROUTE 905—NAFTA’s ices Administration and the California High- rials through communities. With the closing MISSING LINK way Patrol Department all concur on the of the San Ysidro crossing to commercial vital need for completion of this highway to traffic, trucks carrying hazardous materials meet the pressing needs created by the sub- must travel to the Calexico-Mexicali point of HON. BOB FILNER stantial increase in trade transportation. entry to cross the border—a 90-mile detour! OF CALIFORNIA TRADE FACILITATION COST IN THE HOUSE OF REPRESENTATIVES This is a necessary and vital road because We are asking that the Federal Govern- Thursday, March 23, 1995 the Otay Mesa crossing is the only commer- ment help San Diego accommodate this in- cial vehicle border crossing facility between creasing international trade by approving a Mr. FILNER. Mr. Speaker, I hope my col- the two largest cities on the United States- three-year project to build State Route 905, leagues will be interested in testimony I gave Mexico border. With the recent opening of a which would link the Otay Mesa border today before the Transportation Subcommittee new border crossing facility at Otay Mesa, crossing with the interstate highway system, of the Committee on Appropriations: this point of entry handles the third highest and to make the necessary street improve- value of commerce along the entire United Mr. Chairman, thank you for this oppor- ments to manage this commercial traffic States-Mexico border. tunity to provide testimony on a project that is so vital to our economic growth. The recent Federal Highway Administra- that is critical to the economic success of While the total cost for the 3-year project tion report to Congress estimated that, be- the North American Free Trade Agreement is $96.7 million, our request for fiscal year cause of the adoption of NAFTA, the value of [NAFTA] and the economic development of 1996 is $500,000. These funds would allow for commercial goods crossing the border would not only southern California, but the whole the completion of necessary environmental increase by 208 percent by the year 2000—but Nation. and cultural reports on the proposed route of only if additional infrastructure improve- When the 103d Congress approved and the the new highway. These studies are impor- ments are made. If we achieve this 208 per- President signed NAFTA, we all knew that tant and invaluable as they will influence cent growth—the estimated value of goods ensuring the success of the agreement would the highway’s alignment and potentially re- crossing this border would be $18.8 billion an- require that all parties provide the necessary duce expensive mitigation costs in the fu- nually. infrastructure to facilitate the flow of trade. ture. Funding for these studies is critical for The Otay Mesa border crossing facility can I am asking this committee and this Con- this project to move forward. handle this increase in business. We simply gress to honor this commitment to San need an additional incremental investment CONCLUSION Diego. on the part of the Federal Government to It is a Federal responsibility to connect State Route 905 is the critical missing link put us in a position to take full advantage of ports of entry with the interstate highway in our United States-Mexico border trade future increases in trade. system. The Federal Government has not and transportation system on the West The one road that leads from the inter- met its obligations. The State of California Coast. The current road serves as the only state highway, to this border crossing can- and the city of San Diego have invested more connection between the Otay Mesa point of not accommodate the increase in traffic. than $14 million in interim remedies. The entry [POE] in San Diego and the Nation’s This link is a four-lane city street—Otay private sector has invested far more than interstate highway system. State Route 905 Mesa Road—which is already over capacity that to finance the necessary local street is a part of that infrastructure which is and which has been the location of a number network. Existing State and Federal funds needed to accommodate international trade of fatal vehicular accidents due to its con- are being used to improve two existing high- and deserves to be funded and completed. gestion. This road was never intended to ways, Interstates 5 and 15. These two high- I am here today to urge you to consider handle heavily loaded cargo trucks travel- ways would carry NAFTA-related traffic funding this vital link during your upcoming ling at high speeds to and from the inter- from the new highway to destinations deliberations of transportation projects to be national border. We need a highway to take throughout the county and beyond. funded during fiscal year 1996. this commercial traffic inland. San Diego County’s transportation and in- DEMONSTRATION PROJECTS Mr. Chairman, the Federal Government frastructure needs are many. I hope that this There is a critical need for continued Fed- made the decision to process all inter- committee will agree that the relatively eral funding of ‘‘special highway demonstra- national commercial traffic at the Otay small Federal investment required for this tion projects.’’ States undergo a constant Mesa border crossing. The Federal Govern- critical portion of border infrastructure, struggle to build and maintain their own ment also made the decision to approve State Route 905, is in the national interest intrastate roads and bridges. They do not NAFTA—which will soon double the volume and that you will include funding for this have sufficient funds to single-handedly of our cross-border traffic. These two new road in our fiscal year 96 budget. complete highway projects which supple- federal trade policies have created the ur- f ment the national highway system and gent need for this highway. Not funding this which support Federal trade policy—as in project would be the worst kind of unfunded AMERICAN HOLOCAUST SURVIVOR our case. mandate. The Federal Government must This project will produce benefits far be- meet this responsbility—our local commu- HUGO PRINCZ yond the local region as only 16 percent of nities simply cannot. trade using this border crossing has a San TRAFFIC AND SAFETY Diego origin or destination. Every State in HON. CHARLES E. SCHUMER As I have mentioned, an overcrowded four OF NEW YORK the continental United States, Hawaii, Can- lane city street—Otay Mesa Road—provides ada, Asia, and the Canal Zone all profit from the only connection between the Otay Mesa IN THE HOUSE OF REPRESENTATIVES trade through this point of entry. point of entry and the interstate highway Thursday, March 23, 1995 The Federal Highway Administration has system. This road, which has the appearance proposed that this road be a part of the Na- of a country road, was not intended to carry Mr. SCHUMER. Mr. Speaker, I rise today to tional Highway System—and I am confident a high volume of automobile traffic and cer- bring your attention and that of my colleagues that the Committee on Transportation and tainly never a high volume of heavy com- to the case of Hugo Princz. Mr. Princz is the Infrastructure will include this in its list of mercial vehicles. authorized projects. only known America survivor of the Nazi death With the closing of the nearby San Ysidro camps. He has been denied Holocaust repara- LOCAL COMMITMENT border crossing to commercial traffic, an ad- tions by Germany for 40 years because of his The city of San Diego and the State of ditional 1,200 trucks per day carrying com- California already have demonstrated their mercial goods to and from Mexico now travel U.S. citizenship while in the camps, despite good faith commitment to their share of this on this city street. While the average mix of numerous diplomatic entreaties on his behalf project. They have invested $14 million and commercial trucks on any city street is 5 by successive administrations and Congress. have begun work to widen the existing road percent, this road experiences a 20 to 25 per- During the 103d Congress, the House and from four to six lanes of traffic. However, cent truck mix during regular business Senate unanimous resolutions supporting Mr. due to the increasingly heavy flow of trans- hours. Wear and tear on this road is occur- Princz and took numerous other steps on his border commercial traffic, this road will be ring at an alarming rate due to these heavy behalf, including unanimous passage last Oc- at—or above—capacity when completed. This loads. tober in the House, and near passage in the is only a short-term solution, however, and a When major traffic accidents occur on this permanent answer to America’s growing road—as they do with increasing frequency Senate, of legislation I authored which would trade with Mexico is needed. now—all border traffic slows to a stop. It is have permitted the lawsuit he filed against We have worked closely with the city and typically 4 hours and occasionally more be- Germany in 1992 to proceed; the courts had county of San Diego, the State Department fore accidents are cleared away and traffic found Germany immune from the suit. My col- of Transportation [CALTRANS], and the returns to normal. This constitutes a major leagues and I are prepared to reintroduce that E 682 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 bill in this Congress should the latest diplo- Princz and his family were American na- uine Holocaust trial take place in an Amer- matic efforts to resolve the case founder. tionals living in Slovakia in 1942 when the ican courtroom. Much has been written about the Princz German SS—assisted by Slovak Collabo- f rators—sent them to the Maidanek death case, but a superb column by Eric Beindel, camp in Poland because they were Jewish. COMMENDING NATIONAL SERVICE editorial page editor of the New York Post, de- Twenty years old at the time, Princz had scribes the Princz story in especially eloquent been born an American citizen. The Princz and dramatic detail. Entitled ``Germans stick to family—blessed with valid U.S. citizenship HON. GEORGE MILLER `principle'Ðand the price is decency,'' it was papers—should have been able to join a Red OF CALIFORNIA Cross prisoner-exchange transport. But in published in the Post on January 19, 1995. IN THE HOUSE OF REPRESENTATIVES the night and go of war, Princz, his parents Mr. Speaker, I ask its inclusion in the RECORD and five siblings were hustled onto Thursday, March 23, 1995 and urge my colleagues to read it. Maidanek-bound cattle cars. I want to underscore one point made by Mr. It’s well to note that Princz and his father Mr. MILLER of California. Mr. Speaker, in Briendel. He rightly praises the key role in the tried many times to secure appropriate pa- light of the continuing debate about increasing Princz matter played by William R. Marks, a pers for passage to America during the Federal fiscal responsibility, it is extremely im- D.C. attorney, and his firm, Atlanta-based course of 1938 and 1939; despite their des- portant that we recognize those programs that Powell, Goldstein, Frazer & Murphy. Mr. perate circumstances—as Jews under im- offer a substantial national return on the Fed- Marks and Powell, GoldsteinÐled in this effort pending Nazi rule—they were rebuffed by the eral investment. One such initiative, the Na- by partner Simon LazarusÐhave been tireless U.S. embassy in Prague. tional and Community Service Program, is a Apart from the curious fact of their na- successful Federal program which provides champions of Mr. Princz since they took the tionality, the Princz family’s fate was akin case on 20 months ago. They have so suc- to that experienced by most East European volunteer placements for young people who cessfully raised its profile on the political, dip- Jews. Both his parents and his three sisters choose to perform thousands of hours of work lomatic and media fronts that a breakthrough were shipped to Treblinka from Maidanek serving their country in return for educational may finally be possible. And that they accept- and gassed on arrival. Hugo and his brothers assistance. Unfortunately, this program is also ed the case pro bono is a true testament to spent most of the war as slaves at Auschwitz. one of the many victims of misplaced Repub- their commitment to resolving this unique hu- Both brothers perished. Princz himself was lican budgetary cuts. tasked with stacking the bodies of his fellow As my colleagues are aware, the National manitarian issue. I commend Mr. Marks, Mr. Jews after they were murdered. Near the Lazarus, and Powell, Goldstein, and look for- war’s end, he was marched into the German and Community Service Program took a large ward to continued work with them and with interior and wound up as a slave laborer at hit in the recent House-passed rescissions bill. Steven Perles, Mr. Princz' top-notch litigation Dachau—where he was liberated in 1945 by In response to this action, I would like to draw attorney, as we try and bring this case to a U.S. troops. your attention to Mary McGrory's article in to- successful conclusion. As an American, Princz was spared inter- day's Washington Post which complements [From the New York Post, Jan. 19, 1995] ment in a Displaced Persons camp: After the program as a ``model enterprise.'' The arti- recuperating in a U.S. military hospital, he cle describes ``rampaging Republicans'' in the GERMANS STICK TO ‘‘PRINCIPLE’’—AND THE came to the U.S.—finally—in 1946. PRICE IS DECENCY This circumstance caused the German gov- House who would like to eliminate National (By Eric Breindel) ernment to reject his original 1955 applica- Service even though the program is over- Tuesday’s refusal by the U.S. Supreme tion for reparations: Insofar as he hadn’t whelmingly supported by both Democratic and Court to hear the case of Hugo Princz—a 72- been either a German national or a DP, Republican Governors across the Nation and year-old Holocaust survivor who wants to Princz was declared ineligible, notwithstand- by the communities that are recipients of the sue the German government in an American ing Germany’s professed willingness to rec- valuable work performed. court—will be hailed by well-meaning law- ognize its moral obligation to make restitu- In 1994, approximately 20,000 AmeriCorps yers as a victory for the ancient principle of tion to Holocaust survivors. volunteers worked to confront unmet human, ‘‘sovereign immunity.’’ After 37 years of humiliating application In fact, Hugo Princz’s story represents a and reapplication, Princz filed suit in federal educational, environmental and public health case study in the abandonment of ordinary court in 1992. The German government had needs. Roughly 350 of these volunteers decency for abstract principle. broadened its eligibility criteria in 1965, but worked in eight units of the National Forest The Princz affair is almost a Manichean failed to notify Princz. When he finally sub- System to combat the severe backlog of main- morality play. Princz himself, who endured mitted new forms, the long-suffering survi- tenance, improvement, and rehabilitation the ultimate in barbarism as a Jewish in- vor was told that the statute had lapsed. needsÐwork which is important but far from mate at Maidanek, Auschwitz and Dachau, is Princz’s lawsuit required him to advance a glamorous. The task undertaken on our public driven by a quest to realize some semblance serious damages claim—thus, he’s seeking lands are those which are too undesirable or of justice—to make his tormentors pay, if $17 million for ‘‘false imprisonment, assault only in a meager, monetary way, for abusing and battery and infliction of emotional dis- too costly for Forest Service personnel or con- him and murdering his family. tress.’’ (It’s wrenching to see the Holocaust tract employees to perform. Yet, this work di- The Germans are animated in part by par- reduced to the language of tort law.) He also rectly benefits all Americans. Some of the simony and in great measure by a deter- seeks payment from private German firms AmeriCorps' accomplishments in the national mination to close the book on a past they’ve for the slave labor he performed. forests include: never fully been willing to face. Meanwhile, The real debt may not be $17 million, if it’s In San Bernardino National Forest, in Cali- handicapped by an addiction to absolute calculated in accordance with what other fornia, AmeriCorps volunteers have taken im- order and an aversion to creative problem- survivors were awarded. (Princz insists that portant steps to prevent erosion by rehabilitat- solving, Berlin refuses to recognize that his goal is retroactive parity.) Still, the debt dealing with Hugo Princz as a special case is a good deal larger that the $3,400 lump- ing 12,000 acres of land burned by fires; would have spared Germany a good deal of sum payment, plus a $340-per-month stipend, In Six Rivers National Forest, also in Califor- unhappy publicity. that Germany’s lawyers offered Princz Tues- nia, National Service volunteers have rehabili- Notwithstanding the Supreme Court’s rul- day after the high court ruled against him. tated 3.5 miles of hiking and horse trails and ing, the Princz story isn’t over—largely be- The Germans claim they can’t strike an reforested and restored wildlife habit on 10 cause the aging survivor has managed to find entirely separate deal with Princz, lest doing acres of land which was once a gold mine vocal champions. Two of them stand out so invite additional litigation. (‘‘The concern waste area; Rep. Charles Schumer (D-N.Y.) and William is groundless. Princz’s circumstances are en- Volunteers planted 2,390 trees in several R. Marks, a young, Washington-based lawyer tirely unique.’’) On a less than compelling who’s taken on Princz as a pro bono client. note, the Germans contend that the settle- campgrounds, enhanced fish habitat, built a Marks, a graduate of Harvard and George- ment they’re now offering is ‘‘all the German nature trail, and improved timber stands in the town, persuaded his law firm colleagues that government can afford.’’ Rouge River National Forest in Oregon. Princz’s struggle against the German gov- This sordid business has gone far enough. AmeriCorps volunteers have also improved ernment deserved attention for humani- If Berlin can find funds to pay military pen- overall forest health on 55 acres by pruning tarian reasons. Schumer, a powerful House sions to ex-members of the murderous Lat- second growth trees; Democrat and skillful parliamentarian, vian SS, it should be possible to locate In Washington's Olympic National Forest, means to introduce legislation that would money to ‘‘compensate’’ Hugo Princz. AmeriCorps volunteers have maintained 4 strip Germany of its sovereign immunity for Schumer’s bill—which has lots of cospon- ‘‘acts of genocide’’ committed against Amer- sors and supporters on both sides of the aisle miles of trails, rehabilitated campground sites, ican citizens. The bill, in short, would apply and in both houses of Congress—may help completed handicapped access in six recre- only to Princz. There is not other living concentrate Berlin’s mind and promote a ation sites, completed restoration of two his- American who survived the Nazi Holocaust focus on settling the case. After all, it’s hard toric sites, surveyed species habitat, and as a U.S. citizen. to imagine that Germany wants to see a gen- pruned 120 acres of timber stands; March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 683 In the Arizona National Forests, volunteers poll shows that the public thinks Repub- Americans to know that Judge Burke should maintained 15 miles of trails, rehabilitated 10 licans have gone too far. And in his effort to also be honored as the author. campground sites, improved wildlife habitat on save programs for the poor, Clinton has REAL FOUNDER OF SPECIAL OLYMPICS HAPPY 300 acres, and obliterated 2 miles of road, re- picked up some unexpected allies; the Roman Catholic bishops. They were reserved WITH SELECTION OF SHRIVER turning the land to its natural state; and about him during the campaign because of (By Michel E. Orzano) AmeriCorps volunteers improved paths and his abortion rights stand. But they think maintained roads in Bienville National Forest now that pitiless Republicans pose a worse The woman who founded the Special Olym- in Mississippi. threat of increased abortions. pics in 1968 is pleased that the games for These accomplishments represent only The Republicans’ greatest tactical mistake mentally and physically handicapped chil- some of the projects AmeriCorps participants was to meddle with the school lunch pro- dren and adults will be recognized with a commemorative coin. have completed. Elsewhere across the Nation, gram, a popular and scandal-free operation that has helped many a hungry child get But her portrait won’t be the one on the AmeriCorps volunteers have performed emer- 1995 Special Olympics silver dollar com- gency response work to mitigate the effects of through the school day. In vain, the Repub- licans protested that they had not cut the memorative. That’s because Anne Burke of floods, fires and earthquakes, cleaned-up our funds but merely slowed the increase in the Chicago—former Chicago physical education urban areas, increased disaster prevention ef- growth rate. Nonetheless, the ranks have teacher, retired lawyer and judge—not Eu- forts and worked with citizens to improve their begun to wince in the iron corset of the con- nice Shriver Kennedy, is the real founder of quality of life. tract, and this week, 102 members rebelled the games. Mr. Speaker, I would ask that my colleagues against tax breaks for the rich. The law authorizing the coin permits the remember that the entire Nation reaps the The Democrats, who have been having striking of 800,000 silver dollars and each will their best week since the calamity of Nov. 8, bear a $10 per coin surcharge going to the benefits of the National Service Program. Special Olympics. The Citizens Commemora- [From the Washington Post, Mar. 23, 1995] were sporting ‘‘Save the Children’’ neckties on the House floor. tive Coin Advisory Committee rejected the CRIB DEATH FOR NATIONAL SERVICE Eli Segal, the chief executive officer of the idea of a portrait of a living American but (By Mary McGrory) National Service Corps, has been summoned Secretary of the Treasury Robert Rubin ap- The House Republicans’ strangling of na- before the House Appropriations Subcommit- proved the design choice. Shriver will be- tional service in its crib has to be seen not tee on Housing and Urban Development and come the first living American woman to as a criticism of the agency’s performance Veterans Affairs for a discussion of the 1996 have her portrait on a coin and only the fifth but simply as another expression of the budget, which since the House action stands living American to bear that distinction. party leadership’s notion that no govern- at $159 million, a sum that prohibits serious Chicagoan Burke, who now serves as spe- ment program is worth a damn. action. cial counsel on child welfare to Illinois Gov. If they were going by performance, the Re- He has been traveling the country inspect- Jim Edgar, told Coin World that she’s pleased publicans might have to applaud AmeriCorps ing the workers, deriving solace from mod- the program she started will benefit from the as a model enterprise. It is modestly funded, erate Republican governors who are keen coin. But as far as the claim of founder goes, locally directed and dramatic evidence that about the corps’ activities in conflict resolu- that resides with Burke. American youth is not cynical or self-serv- tion, environmental cleanup, tutoring and In 1965, Burke, then Anne McGlone, was a ing. AmeriCorps has had rave reviews from other contributions to urban peace. They young physical education teacher who coast to coast for its 20,000 volunteers, who agree with him that pulling the plug after taught mentally retarded youngsters in a are doing things nobody else tackles, every- less than a year is bad practice. Segal’s hope special summer program sponsored by the thing from helping to build housing for the is that they will transmit their enthusiasm Chicago Park District. By 1967. she said, poor and tutoring inner-city school pupils to to their brother moderates in the Senate, there were 10 locations throughout the cleaning polluted streams in Baltimore’s wa- which has become the haven for storm-tossed Chicagoland area with 150 children partici- tershed. programs. pating in the free program. A case in point is Howard Hogin, a 1994 Republican Christopher Shays of Connecti- Burke said she knew at the time there graduate of Georgetown University. He is cut was the only member of his party to vote were probably more people out there who living in a cramped barracks at the Aberdeen against the amendment that mortally could benefit from involvement in sports and Proving Grounds. He spent September fight- wounded national service. He is a Peace other activities because there wasn’t manda- ing forest fires in Idaho and much of the fall Corps alumnus and believes passionately in tory education for mentally retarded people. in helping build a riding ring for disabled the importance of youthful involvement. But, she said, she also knew families of men- children. Now he’s trying to clean up Mary- ‘‘A colossal mistake,’’ he calls his party’s tally retarded children and adults were often land’s polluted steams. He hopes to pay off action. ‘‘I hope the president has the for- very protective of them and shunned involve- his college loans, AmeriCorps pays its work- titude to veto the bill. I would support his ment in public programs. ers a minimum wage and an annual $4,725 to- veto.’’ But by the end of the summer of 1967, after ward college expenses. Burke and participants put on the play ‘‘The Service is in Hogin’s genes, and by his fam- f Sound of Music,’’ Chicago Park officials were ily’s standards, he is a big success. His par- REAL FOUNDER OF SPECIAL so pleased with the response they sanctioned ents are both social workers and his ances- her idea of a sponsoring a citywide track tors experienced big trouble, like the Irish OLYMPICS HAPPY WITH SELEC- meet for mentally retarded youngsters the famine and the Holocaust. He says lots of his TION OF SHRIVER following summer. Georgetown classmates have the same im- Once she was given the official green light, pulse to leave the country a better place but HON. ANDREW JACOBS, JR. Burke turned her attention to planning the ‘‘just can’t afford to do it.’’ event that fall and winter. Burke said while OF INDIANA Hogin is tactful about the mugging refining the idea, a professor she was work- AmeriCorps suffered when the House cut $416 IN THE HOUSE OF REPRESENTATIVES ing with at Southern Illinois University sug- million, or 72 percent, from its $575 million Thursday, March 23, 1995 gested she contact the Joseph P. Kennedy Jr. budget. He was voted outstanding teenage Foundation to request funding for the pro- Republican in his high school class. ‘‘I under- Mr. JACOBS. Mr. Speaker, if one were to posed program. stand that we have tremendous deficits and say that President John F. Kennedy launched Shortly thereafter, Burke wrote to Shriv- the taxpayers are heavily burdened, but if we the Peace Corps, one would be right. But if er, she said, who was living in Paris with her give up what is best about America, what one were to say that President John F. Ken- husband, Sargent Shriver, then ambassador kind of a legacy do we leave?’’ nedy thought up the Peace Corps, one would to France. Burke said Shriver was intrigued No such considerations figured in the be mistaken. The author was Hubert Hum- with the idea and suggested a meeting in thinking of House Republicans. The rap on Washington, D.C. AmeriCorps was not just that it was a gov- phrey. After meeting with Shriver, Burke said she ernment program, it is Bill Clinton’s favor- If one were to say that the nobly civil mind- re-wrote the proposal including Shriver’s ite program. Said Rules Committee Chair- ed Eunice Kennedy Shriver brought her con- suggestion to involve children from other man Gerald B.H. Solomon, ‘‘It’s get-even siderable talents to bear in order to launch the states and re-submitted her funding request. time.’’ Special Olympics nationally, one would be The foundation responded with $25,000 for the It is also get-nervous time for the rampag- right. But if one were to say that Ms. Shriver program. Burke invited Shriver to attend ing Republicans. They are winning victory thought up the idea of a Special Olympics, the 1st National Chicago Special Olympics, after victory on the floor, but they are losing one would be mistaken. Judge Ann McGlone which were held July 20, 1968. Children from in public opinion. They have long since 23 different states participated that year maintained that they know exactly what Burke is the author of the idea. and, as Burke notes, ‘‘The rest is history.’’ Nov. 8 was about, that the country wanted As Judge Burke has generously said, she is She said she is still actively involved with government to be shrunk and ordinary peo- happy that Ms. Shriver is being honored by the Special Olympics program in the Chicago ple, especially the poor, to pull up their the 1995 Special Olympics Silver Dollar Com- area. Her concern for children has always socks. But a recent Washington Post-ABC memorative. But it is worthwhile too for all seemed to touch her professional life as a E 684 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995

teacher, mother and a lawyer. But she also dation for funds in these areas are handled in MILLIONS AFFECTED acknowledges the contributions Shriver has this manner and I am sure that the sugges- Those are not inconsequential issues, be- made to Burke’s original idea. tions from these people would be very helpful cause billions of dollars of profits (for banks) ‘‘Without the Kennedy Foundation the to you. or potential savings (for taxpayers) are at Games wouldn’t be the Games. There is no Once again, let me say how delighted I am issue. But the bigger fight will come as Con- other family with the charisma or the where- to know of your plans. I will look forward to gress deals with the budget. It will feature withal to do this,’’ Burke said. ‘‘[Shriver] de- hearing from you again as they progress. the first serious talk of major cuts in college serves the recognition. What has happened Yours sincerely, loans and grants since the early days of the has been incredible and it [who’s portrait ap- EUNICE KENNEDY SHRIVER. Reagan administration. ‘‘What is at stake is pears] really makes no difference now.’’ f nothing less than access to higher education But Burke admits she is disappointed that for millions of middle- and lower-income stu- Chicago, its park employees and the late DIRECT LOANS WORK dents at a time when public-college tuition Mayor Richard J. Daly, never have been rec- is rising sharply,’’ says Terry Hartle, a vice ognized by the Kennedy Foundation nor president of the American Council on Edu- Shriver for the innovation shown in planning HON. ROBERT E. ANDREWS cation. The biggest dispute could center on a and hosting those first Games. OF NEW JERSEY plan circulating among Republicans to cut ‘‘We took the chances,’’ Burke said, de- IN THE HOUSE OF REPRESENTATIVES loan subsidies to needy students during their scribing the view of many at the time that time in school—a move that might save $9 such games might exploit the mentally re- Thursday, March 23, 1995 billion over five years and could hit 6 million tarded. ‘‘I think the other side [of the Spe- students with higher debt and payments. cial Olympics coin] should recognize Chi- Mr. ANDREWS. Mr. Speaker, the March 13, 1995, issue of U.S. News & World Report in- This sets up a political showdown that cago, not anyone’s name, just Chicago.’’ Clinton is unusually pleased to face. He has When asked if she planned to buy any of cludes an excellent article entitled, ``The Col- called for increasing federal funds for college the commemoratives, Burke said she lege Aid Face-Off.'' The article reports on the aid by 10 percent to $35.8 billion as part of his thought Shriver should give coins to each of current debate in Congress on the future of middle-class ‘‘Bill of Rights,’’ including ex- the first participants and employees of the the direct loan program as well as on major pansion of many of the programs Repub- Chicago Park District who planned and cuts in the student financial aid programs. licans are eyening for cutbacks. Clinton won hosted the first event. With respect to direct loans the conclusions of major reforms in federal college aid initia- THE BURKE CONNECTION the article are strikingÐdirect loans work. Di- tives in 1993 as part of his national service Dateline: The Chicago line . . . but it was rect loans are simpler, faster and more effi- program, which he heralds as a cornerstone of his ‘‘New Covenant’’ to provide govern- Chicagoan Anne (McGlone) Burke, during cient for student borrowers, student financial her tenure at the Chicago Park District, who ment help to those who help themselves. gave Shriver the idea for the Special Olym- aid administrators and schools. In addition, di- Asked if Clinton is willing to renegotiate pics in a written proposal, and who organized rect loans save the taxpayers money. Opposi- any feature of the national service or college the first Special Olympics event, which was tion to direct loans comes from banks and aid programs, one senior White House aide held in Chicago and attended by Mrs. Shriv- other student loan middlemen who fear the responded: ‘‘My guess is his answer is be- er. Shriver bit, and the rest is history. loss of billions of dollars of profits and whose tween ‘No’ and ‘Hell, no.’ ’’ ‘‘A probable Clin- Conclusion: Shriver should be honored for lobbying efforts are fueled by at least $11.3 ton veto of any cuts in college aid means giving the Olympics a happy life, but it was million in campaign contributions. The full text that these programs will survive intact for Burke who gave it birth. now, but there is still a good chance that his of the article follows, and I commend it to my plans to expand them could be held up. THE JOSEPH P. KENNEDY, JR., colleagues. In coming weeks, the direct-lending pro- FOUNDATION, [From the U.S. News & World Report, Mar. gram will grab the most attention. One of Washington, DC, July 23, 1968. 13, 1995] the reforms enacted in national service was Mrs. ANN BURKE, THE COLLEGE AID FACE-OFF the gradual phase-in of a system that would have the federal Government lend money to Chicago Park District, 425 East 14th Boulevard, (Clinton fights the GOP and bankers over students directly rather than provide finan- Chicago, IL. what students get and who runs the loan cial incentives and guarantees to coax banks DEAR ANN: When the history of the Chicago business) Special Olympics is written, there will have into making the loans. Even though new to be a special chapter to recount the con- (By James Popkin and Viva Hardigg with workers will have to be hired by the Depart- tributions of Ann Burke. You should feel Susan Headden) ment of Education to run the program, it very proud that your dedicated work with re- Believe it or not, there is a group of Ameri- still saves considerable sums. That’s why tarded children in Chicago has culminated in cans who truly delight in one of the things Clinton wants to accelerate its availability an event of such far reaching importance. Bill Clinton has accomplished as president, to all the nation’s 7,000 eligible schools. But We all owe you a debt of gratitude, but I who think that a government-run program bankers and other firms that trade student know that what means most to you is that that handles gobs of money is preferable to loans for investors have aggressively battled the Olympics will continue and that children one run by the private sector and think that the loss of this lucrative line of business and all over the country will benefit from your the paperwork created by public bureaucrats heatedly dispute Clinton’s claim that the idea. is easier to navigate than the forms devised program saves money. My warmest personal thanks. by well-run corporations. They are the thou- Their lobbying fueled by at least $11.3 mil- Sincerely, sands of college students who got their loans lion in campaign contributions, has helped EUNICE KENNEDY SHRIVER. last fall directly from the government in- encourage Republican congressional leaders stead of from banks. The verdict from An- Rep. William Goodling of Pennsylvania and THE JOSEPH P. KENNEDY, JR., thony Gallegos, a 22-year-old journalism Sen. Nancy Kassebaum of Kansas to push FOUNDATION, major at Colorado State University: ‘‘It’s the legislation that would limit the expansion of Washington, DC, January 29, 1968. best thing since microwavable brownies.’’ the program to 10 percent of all student Miss ANNE MCGLONE BRUKE, But all is not entirely happy in loan land. loans. Some moderate Democrats like Rep. Chicago Park District, 425 East 14th Boulevard, Even though many students at 104 schools Bart Gordon of Tennessee also support the Chicago, IL. say they got their money with fewer hassles move on the theory that the new lending DEAR MISS MCGLONE: Thank you so much in a fraction of the time it usually takes and program should be tested before it becomes for your letter of January 23d informing me taxpayers might benefit because banks and the norm for all colleges. House Speaker about your plans to initiate a National middlemen didn’t collect subsidies to make Newt Gingrich wants to kill the program. He Olympics for retarded children through the the loans, the direct-lending program is now argues that Clinton’s reforms vest too much Chicago Park District. Both Mr. Shriver and the object of a bitter new battle in Washing- power in the Government, especially because Dr. Hayden have spoken to me about your ton. In fact, every major federal college aid the lending program is run by the Depart- project and I think it is a most exciting one. program is considered a target in one form ment of Education, which has allowed fraud I sincerely hope that you are successful in or another by the new Republican majority to flourish in aid programs for decades. launching it. in Congress. The disputes have all the hall- However, the first reports about direct This is certainly a large undertaking and marks of postmodern politics: None really lending are very positive. Students and col- we know that you will need a great deal of centers on principle; almost everyone in lege-based loan officers say funds are avail- assistance of many kinds. When you have Washington believes the government has a able to students in weeks rather than been able to formalize your plans and put useful and morally defensible role to play in months. The paperwork is simpler, and col- them into a written proposal the Kennedy helping more kids get into college and pay lege officials have to deal with only one fed- Foundation will be very happy to send it out for it. The fight so far centers on the spoils eral office rather than many banks. ‘‘Being to the members of our physical education system—whether the public or private sector in direct loans has been almost a spiritual and recreation advisory boards for their re- administers the program—and arcane federal experience,’’ says Kay Jacks, director of fi- view and comment. All requests to the Foun- budget accounting questions. nancial aid at Colorado State University. ‘‘It March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 685 helps us provide better service to students, AMERICAN SAMOA ECONOMIC (1) funding for the United States territory period,’’ Karen Fooks, the financial aid di- DEVELOPMENT ACT OF 1995 of American Samoa has been based on the rector at the University of Florida, says her joint resolution entitled ‘‘Joint Resolution whole office threatened to quit if it was or- to provide for accepting, ratifying, and con- dered to return to the bank system from di- HON. ENI F.H. FALEOMAVAEGA firming cessions of certain islands of the Sa- OF AMERICAN SAMOA rect lending. moan group in the United States, and for IN THE HOUSE OF REPRESENTATIVES other purposes’’, as amended (48 U.S.C. 1661), PAY AS YOU CAN Thursday, March 23, 1995 with commitments being made on a yearly But bankers argue that doling out money basis; is the easy part. Collecting it is something Mr. FALEOMAVAEGA. Mr. Speaker, I rise (2) American Samoa is locally self-govern- the government hasn’t done very well. Many today to introduce the American Samoa Eco- ing with a constitution of its own adoption new loans will be on a ‘‘pay as you can’’ basis nomic Development Act of 1995. and the direct election of the Governor since letting borrowers pay back a portion of their For too many years American Samoa has 1977; (3) the territory of American Samoa has earnings over many years, rather than a been receiving assistance from the Federal had difficulty in planning and implementing fixed monthly payment. Administrating that Government on an annual basis. When 20 comprehensive and sustainable infrastruc- will tax even the most efficient agency. percent of a government's funding is depend- ture based solely on annual ad hoc grants; That is why one thoughtful critic, author ent on annual appropriations of discretionary and Steven Waldman, has argued that this up- funds, it is difficult to make long-term plans. (4) the territory of American Samoa and coming struggle misses the main point. The bill I have worked on with Congress- the United States would benefit from a Waldman, who wrote the recently released man ELTON GALLEGLY, chairman of the Sub- multiyear funding commitment which pro- book, The Bill, about the legislative battle committee on Native American and Insular Af- motes economic development and self-suffi- over national service, believes Clinton has fairs, provides a secure source of funding for ciency and requires compliance with finan- achieved an enormously beneficial reform in the territory of American Samoa. Coupled with cial management accounting standards, the the ‘‘pay as you can’’ scheme. It relieves other efforts, I believe we can develop Amer- establishment of semiautonomous public some of the financial pressure on borrowers ican Samoa's infrastructure and reduce our utility authorities utilizing cost-recovery and potentially encourages them to choose principles, and the phase-out of Federal sub- Nation's annual deficit at the same time. socially useful—but less-high-paying—ca- sidies for government operations. reers like teaching because their loans are I want to thank Chairman GALLEGLY for his support and assistance in preparing this legis- SEC. 3. AUTHORIZATION OF FUNDING. pegged to their ability to pay. But Waldman (a) IN GENERAL.—There are authorized to argues that Clinton’s achievement is jeop- lation. Our bipartisan effort on this bill contin- ues a long history of bipartisan legislation in be appropriated to the Secretary of the Inte- ardized because neither banks nor the federal rior for the Government of American Samoa education bureaucracy can prevent the pro- the subcommittees which have had jurisdiction $34,500,000, backed by the full faith and credit gram from becoming another boondoggle. over the insular areas. As the new ranking of the United States, for each of fiscal years His solution: Call in the IRS, the only agen- Democratic member of the subcommittee, I in- 1996 through 2005. Such amounts shall, sub- cy that ‘‘could accurately and efficiently as- tend to make every effort to continue this tra- ject to the limits specified in the table in sess a person’s income and be sure to col- dition. subsection (b), be used for— lect.’’ Mr. Speaker, I am submitting a copy of the (1) construction of capital assets of Amer- An idea like that puts tough-minded Re- bill for printing in the CONGRESSIONAL RECORD. ican Samoa; (2) maintenance and repair of such capital publicans in a bind. If they want to fix a po- H.R. — tentially flawed Clinton idea and do right by assets; Be it enacted by the Senate and House of Rep- taxpayers, their best bet is to vest more (3) the operations of the Government of resentatives of the United States of America in American Samoa; and power in a much-feared federal agency. Who Congress assembled, knows, maybe the students who have new- (4) reduction of unbudgeted debt incurred SECTION 1. SHORT TITLE. found appreciation for the easier-to-fathom by the Government of American Samoa in This Act may be cited as the ‘‘American fiscal years prior to 1996. lending system run by the government might Samoa Economic Development Act of 1995’’. (b) TABLE OF MULTIYEAR FUNDING.—The not balk too much at paying when the bills SEC. 2 FINDINGS. table referred to in this subsection is as fol- come due. The Congress finds that— lows: [In millions of dollars]

Mainte- Deficit nance and Fiscal year Year Operations Construc- reduction repair Total No. tion (100% (100% match) match)

1996 ...... 1 23.0 5.5 3.0 3.0 34.5 1997 ...... 2 23.0 5.5 3.0 3.0 34.5 1998 ...... 3 23.0 5.5 3.0 3.0 34.5 1999 ...... 4 21.0 7.5 3.0 3.0 34.5 2000 ...... 5 18.0 10.5 3.0 3.0 34.5 2001 ...... 6 15.0 16.5 ...... 3.0 34.5 2002 ...... 7 12.0 19.5 ...... 3.0 34.5 2003 ...... 8 9.0 22.5 ...... 3.0 34.5 2004 ...... 9 6.0 25.5 ...... 3.0 34.5 2005 ...... 10 3.0 28.5 ...... 3.0 34.5

(c) MULTIYEAR AVAILABILITY OF APPROPRIA- the independent auditor required by section only federally insured accounts or issues of TIONS.—Amounts not expended in the year 7. bonds, notes or other redeemable instru- appropriated shall remain available until ex- (2) REPLACEMENT.—The trustee may be ter- ments of the Government of the United pended. minated only by mutual agreement, or at States. SEC. 4. ESTABLISHMENT OF TRUST. the end of its contract for services as trust- (2) USE OF INTEREST AND DIVIDENDS.—Inter- (a) IN GENERAL.—The Government of ee, or for good cause. Termination of a trust- est or dividends earned from investment of American Samoa shall establish a trust into ee for good cause must be recommended by trust funds under paragraph (1) may be used which the amounts appropriated pursuant to the Governor of American Samoa and ap- for projects contained on the approved mas- section 3 are placed. proved by both Houses of Legislature of ter plan of capital needs developed under sec- (b) TRUSTEE.— American Samoa. tion 5, or for the costs of managing the trust. (1) IN GENERAL.—A trustee to administer (3) OTHER TERMS AND CONDITIONS.—The (3) AVAILABILITY AND USE OF FEDERAL the trust established by this section shall be trustee shall be subject to such other condi- FUNDS.—Federal funds made available for the nominated by the Governor of American tions as the Government of American Samoa purposes described in section 3(a)(1) may be Samoa and passed by both Houses of the Leg- may provide under local law. used only on projects from the approved islature of American Samoa pursuant to (c) TRUST FUNDS.— master plan of capital needs. local law and shall be a nongovernmental en- (1) DEPOSIT; INVESTMENT.—The trust funds (d) REPORTS.—Within 90 days after the end tity, bonded in an amount no less than 110 shall be deposited in an account or accounts of each fiscal year, the trustee shall submit percent of the maximum amount of funds of a financial institution insured by the Fed- an annual report to the chairmen and rank- which will be held in trust during any given eral Deposit Insurance Corporation, and may ing minority members of the Committee on fiscal year (hereafter in this Act referred to be invested by the Government of American Energy and Natural Resources and the Com- as the ‘‘trustee’’). The trustee shall not be Samoa, or the trustee if so designated, in mittee on Appropriations of the United E 686 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 States Senate, the Committee on Resources reduce the unbudgeted debt of the Govern- for which the United States provides funding and the Committee on Appropriations of the ment of American Samoa must be matched, under this Act. United States House of Representatives, and on a dollar for dollar basis, by funds provided (c) FAILURE TO OBTAIN AUDIT.—In the event the Government of American Samoa. The re- by the Government of American Samoa from the Government of American Samoa does port shall include at a minimum the finan- revenue raised from non-Federal sources. not obtain the audit within the time re- cial statements of the account or accounts in (c) MAINTENANCE AND REPAIR.—Any fund- quired by this section, the trustee shall not which it holds trust funds pursuant to this ing made available pursuant to section disburse additional funds pursuant to a sec- Act. 3(a)(2) used for the maintenance or repair of tion 3(a)(3) for the operations of the Govern- SEC. 5. USES OF TRUST FUNDS. the capital assets of the Government of ment of American Samoa until such time as (a) CAPITAL NEEDS.— American Samoa must be matched, on a dol- a qualifying audit is received and the report (1) MASTER PLAN OF CAPITAL NEEDS.—For lar for dollar basis, for funds provided by the of that audit is forwarded as required by this fiscal year 1997 and all following years, no Government of American Samoa from reve- section. Notwithstanding the preceding sen- funds appropriated pursuant to this Act shall nue raised from non-Federal sources. tence, one emergency disbursement may be be released by the trustee for construction of (d) PROHIBITED USES OF FUNDS.—Neither made per year under the provisions of sec- capital assets without the submission by the the funds appropriated pursuant to this Act, tion 6 of this Act, even if a qualifying audit Government of American Samoa to the nor any interest or dividends earned on those report is not obtained. funds may be transferred to other accounts, trustee of a master plan of capital needs that SEC. 8. AUTHORITY OF UNITED STATES TO ranks projects in order of priority for at or loaned to other accounts or agencies, nor AUDIT. least five years. The master plan shall be ap- may these funds, interest or dividends be The Comptroller General of the United proved by the Governor and passed by both used as collateral for loans made by the local States and the Inspector General of the De- governments. Houses of the Legislature of American partment of the Interior shall have the au- Samoa pursuant to such laws as the Govern- SEC. 6. DISBURSEMENT OF TRUST FUNDS. thority to conduct audits of all funds of all ment of American Samoa may enact. The (a) OPERATIONS.—Trust funds to be used for branches and semiautonomous authorities of master plan of capital needs may be amend- the operations of the Government of Amer- the Government of American Samoa. Noth- ed at any time, but all amendments must be ican Samoa shall be disbursed in equal ing in this Act shall be construed to restrict approved by the Governor and passed by both amounts on a monthly basis, on the first the authority of these or other Federal agen- Houses of the Legislature of American business day of each month of the fiscal cies to audit government funds as authorized Samoa. The plan shall include the capital year. An extra drawdown may be made once by Federal law. each fiscal year in an amount not to exceed needs of all the islands of American Samoa. SEC. 9. SETTLEMENT OF DISPUTES. (2) FUNDS FOR CONSTRUCTION OF CAPITAL AS- ten percent of the amounts appropriated for The High Court of American Samoa is au- SETS.—Funds for the construction of capital the fiscal year for the purposes of section thorized to resolve disputes which arise assets shall be paid to the Government of 3(a)(3), and only for purposes caused by ex- under this Act pursuant to its rules of proce- American Samoa only after approval by the treme or national emergencies deemed dure. trustee. The trustee shall approve the re- unforseeable by the trustee. lease of funds only for construction projects (b) CONSTRUCTION.—Trust funds to be used f for a public purpose in the areas of commu- for the construction of capital assets shall be nications, electrical power, water, waste released by the trustee— TRIBUTE TO ANTHONY P. water, roads, schools, school transportation (1) to the Government of American Samoa, MANGINELLI system, air, water and surface transpor- only upon completion of identifiable por- tation, ports, harbors, storage and transpor- tions of the construction work if the work is tation facilities of fuels or other forms of en- performed by employees of the Government HON. WILLIAM J. MARTINI ergy, health, and construction of govern- of American Samoa, or OF NEW JERSEY (2) a bona fide contractor of the Govern- ment-owned buildings. Funding made avail- IN THE HOUSE OF REPRESENTATIVES able pursuant to section 3(a)(1) for construc- ment of American Samoa pursuant to the tion of capital assets may only be used for terms of a construction contract, on an in- Thursday, March 23, 1995 voice presented to the Government of Amer- projects listed on the master plan of capital Mr. MARTINI. Mr. Speaker, I would like to needs as set forth in this section. To the ex- ican Samoa and approved by an appropriate tent an appropriation is available, the official of the Government of American take this opportunity as a member of Moose projects contained on the master list with Samoa. International to congratulate a man of great the highest priority are to be funded. (c) DEBT REDUCTION; MAINTENANCE RE- accomplishment and the fine charitable organi- (3) REQUIREMENT OF SEMIAUTONOMOUS AGEN- PAIR.—Trust funds to be used for unbudgeted zation that he represents. CIES.—Beginning with fiscal year 1997, no debt reduction or maintenance and repair Anthony P. Manginelli, supreme governor of funds for the construction of capital assets made available under sections 3(a)(2) and Moose International will be coming to my shall be released by the trustee in the areas 3(a)(4) shall be released by the trustee on hometown of Clifton tomorrow night to wel- submission by the Government of American of communications, electrical power, public come a new class of members into the frater- health, transportation, water, and waste Samoa of proof of payment from non-Federal water until there is established by local law sources for either debt reduction, mainte- nity. A resident of Syracuse, NY, Mr. semiautonomous government agencies of the nance, or repair, and proof acceptable to the Manginelli has been a member of the fraternity Government of American Samoa. trustee of an obligation due and owing for since 1946, and just last year attained our or- (4) MAINTENANCE PLAN AND FUNDING.—For the appropriate category. ganization's highest rank, that of supreme fiscal year 1997 and all following years, no SEC. 7. AUDITS. governor. In this role, he has led our 1.2 mil- funds appropriated pursuant to this Act shall (a) IN GENERAL.—Beginning with fiscal lion-member organization with pride and dig- be released by the trustee for the construc- year 1996, the Government of American nity, advancing the high goals of the Moose tion of capital assets until the Government Samoa must obtain, at its own expense, a on an international level. of American Samoa, or the appropriate semi- comprehensive financial audit meeting the autonomous government agency if required, requirements of chapter 75 of title 31, United As a relative newcomer to the Moose my- submits to the trustee a maintenance plan States Code, and subtitle A of title 43, Code self, I can say that I am nothing but proud to covering the anticipated life of the project of Federal Regulations, and upon which an be associated with my fellow members both in and the project is initially funded. The independent auditor expresses an opinion my local chapter, and in the much larger inter- maintanence plan shall include the esti- that the financial statements of the Govern- national organization. But Moose International mated cost of maintaining and repairing the ment of American Samoa present fairly, in is so much more than a medium through project and identify a source to fund the es- all material respects, the financial position which outstanding men and women can so- timated maintenance and repairs for the an- of the Government of American Samoa, and cialize. It is a perfect way to get involved in ticipated life of the project. The initial fund- were prepared in conformity with generally ing for this maintenance plan shall be in the accepted accounting principles. The audit challenges faced by our local towns and cities, amount of 10 percent of the cost of the shall include the funds held in trust pursu- and through its Mooseheart and Moosehaven project. Federal funds made available for the ant to the Act. communities, to make an impact on a much purposes described in section 3(a)(2) may be (b) SUBMISSION OF AUDIT REPORT TO UNITED larger scale. Every day, Mooseheart and used for one-half of the initial funding. Other STATES.—Reports of audits required in this Moosehaven provide support for the neediest Federal funds made available pursuant to section shall be transmitted by the Governor associated with our organization in a loving this Act may not be used for this purpose. of American Samoa to the chairmen and and nurturing way. Funds set aside pursuant to this paragraph ranking members of the Committee on En- Congratulations to my newly inducted broth- may be used for the maintenance and repair ergy and Natural Resources and the Commit- of any capital asset within the purview of tee on Appropriations of the United States ers in the Moose, and to Supreme Governor the government or the appropriate semi- Senate, and the Committee on Resources and Anthony Manginelli. Please continue your fine autonomous agency. the Committee on Appropriations of the work in spreading the compassionate mes- (b) DEBT REDUCTION.—Any funding made United States House of Representatives sage of Moose International around the coun- available pursuant to section 3(a)(4) used to within 180 days of the end of each fiscal year try, and around the world. March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 687 IN MEMORY OF BILL BAILEY States Army Maj. Arthur D. Nicholson, Jr., 38, Mrs. Mitterrand especially was effusive in became a casualty of the cold war. Major her praise of Fidel and his work, singling out HON. NANCY PELOSI Nicholson was shot, by a Soviet soldier, with- as his greatest achievement the ‘‘equality’’ out warning while on a routine patrol in a he had ‘‘brought to the people.’’ It did not OF CALIFORNIA seem to bother the president’s wife that he IN THE HOUSE OF REPRESENTATIVES clearly marked United States Army vehicle. had realized that goal at the considerable Since his death, the world has witnessed Thursday, March 23, 1995 cost of liberty and fraternity. many changes: The Soviet Union collapsed; We concede that equality has to a consid- Ms. PELOSI. Mr. Speaker, I rise today to the Berlin Wall crumbled; and the United erable degree been achieved in Cuba. Save pay tribute to a legendary figure of San Fran- States, and its commitment to freedom and for a small ruling class, the people are nearly cisco's waterfront, William ``Bill'' Bailey, who democracy, emerged victorious in the cold equal in their poverty, equal in their igno- passed away on Monday, February 27, 1995. war. Today, thanks in large part to the dedica- rance (notwithstanding near universal ‘‘lit- Bill Bailey was born in Jersey City, NJ, and tion and commitment of the brave men and eracy’’), equal in their servitude, and equal women of our armed services, America is less in their fear. brought up in Hoboken and the tough Hell's Furthermore, we cannot but agree with Kitchen section of Manhattan. Shipping out to threatened and our children less fearful of the Mrs. Mitterrand when she says that the sea at the age of 14, he joined the Industrial once ominous nuclear threat. Cuban government has accomplished ‘‘the Workers of the WorldÐthe WobbliesÐand As we look back on our Nation's cold war summit of what socialism could do.’’ That, of began his career as a labor activist from the years, we must never forget the cost of our course, is the problem. Communism promises day forward. Nation's current-day freedom and security, paradise but is only able to deliver the gulag. Active in the maritime unions, Bill was a and the men and women like Major Nicholson The French thinker, the late Raymond member of the generation of young radicals who made the ultimate sacrifice on behalf of Aron, hit the mark when he called Marxism the opiate of the intellectuals. It is clearly a who transformed the labor movement of our their Nation. On this 10th anniversary of Mayor Nichol- heady drug for many of them, an country. He participated in the walkout on the hallucinogen that induces cerebral giddiness waterfront which became San Francisco's son's tragic death, let us remember that he and grossly distorts the senses. A lifelong famed general strike of 1934. In 1935, Bill and was more than just a soldierÐhe was a hus- imbiber like Mrs. Mitterrand can look across a group of seamen boarded a German liner band, a father, a brother, and a son. So on the Atlantic and see the American embargo tied up in New York Harbor, the Bremen, and behalf of my colleagues in the U.S. House of as ‘‘cruel’’ and Fidel Castro as ‘‘nothing like tore its Nazi flag from the bow mast. Accounts Representatives, I extend our continuing sym- a dictator.’’ from that incident recollect that a security pathy and gratitude to Nick's family, especially Thankfully, the communist menace is al- most wholly a thing of the past. Once, apolo- force of nearly 300 were unable to stop Bill his wife, Karen, and his daughter, Jenny. Today, we pledge to them, in the words of gists of Marxist dictators posed a real secu- and his group. rity threat. Today they might give start to a In 1937, Bill went to Spain as a member of Abraham Lincoln, ``that from [our Nation's] good belly laugh. the Abraham Lincoln and George Washington honored dead we take increased devotion to battalions. Wounded several times, he partici- that cause for which they gave the last full f pated in almost all the major engagements of measure of devotion.'' YOUTH ART MONTH the war. We will never forget. And we will continue to In 1939, after returning to the United States, fight for freedom in tribute to Nick and our Na- he resumed his leadership role in the maritime tion's other fallen heroes. HON. PATRICK J. KENNEDY industry, and was elected vice president of the f OF RHODE ISLAND West Coast Maritime Firemen's Union. In the FALSE PRAISE FOR ANOTHER early 1950's, during the height of the McCar- AUTHORITARIAN IN THE HOUSE OF REPRESENTATIVES thy era, Bill was kicked out of the union under Friday, March 24, 1995 a screening program imposed by the U.S. HON. GERALD B.H. SOLOMON Coast Guard. He then joined the International Mr. KENNEDY of Rhode Island. Mr. Speak- OF NEW YORK Longshoremen's and Warehousemen's Union, er, we will soon celebrate Youth Art Month, an IN THE HOUSE OF REPRESENTATIVES rising to the vice presidency of San Francisco opportunity for our Nation to recognize the Local 10. Friday, March 24, 1995 special role art can play in enriching the lives After retiring from the waterfront in 1975, Bill Mr. SOLOMON. Mr. Speaker, I would like to of children. began a second career as an writer and actor, bring to your attention an article that recently Artistic expression is one of the things which working in a major TV series on the Spanish appeared in the Albany Times Union regarding distinguishes us as human beings. By offering civil war and appearing in several feature films France's warm welcome for Fidel Castro. The children the opportunity to express feelings and documentaries. He published his memoir, Mitterrands, who decry our cruel and bar- and thoughts through creative expression, we ``The Kid from Hoboken,'' in 1993. But he barous treatment of Fidel the liberator, would offer them the opportunity to reach their full never retired from his lifelong commitment to do well to read up on their history before em- potential. While all of us may not have the tal- social and economic justice, continuing his ac- bracing another petty dictator. How quickly we ent of a DaVinci or a VanGogh, we have po- tivism until his dying day. forget that the socialist's dream of equality for tential to express and enrich ourselves Mr. Speaker, Bill Bailey was part of the all is nothing more than the tyranny of few in through art. Children in particular can learn proud waterfront history and tradition of San the name of many. much from education in the arts. They can Francisco. On Sunday, March 20, Bill was re- FIDEL CASTRO, FRENCH HERO learn about themselves and about the world membered at a memorial service convened by The Issue: He is hailed by the Mitterrands, around them. the waterfront unions which he loved. On be- who denounce the U.S. embargo of the is- What President Kennedy said of poetry is half of the Congress, allow me to express our land. true of the value of all forms of artistic expres- condolences to his son, Michael, and pay trib- Our Opinion: They show an appalling igno- sion, ``poetry [is] the means of saving power rance of history. from itself. When power leads man toward ar- ute to his work as a labor and civic leader for Among many politicians and intellectuals San Francisco. in France there has been a tradition of view- rogance, poetry reminds him of his limitations. f ing communist systems in an exceedingly fa- When power narrows the areas of a man's vorable manner—no matter how brutally concern, poetry reminds him of the richness REMEMBER OUR ‘‘COLD those regimes were in fact behaving, Main- and diversity of his existence. When power WARRIORS’’ stream French intellectual enthusiasms corrupts, poetry cleanses. For art establishes might shift from Moscow to Beijing or Ha- the basic human truth which must serve as HON. ROBERT K. DORNAN vana, depending on the fashion, but they al- the touchstone of our judgment.'' ways had a red tint. For these reasons, I commend Youth Art OF CALIFORNIA Against this history the Mitterrands warm IN THE HOUSE OF REPRESENTATIVES embrace of Fidel Castro this week begins to Month for the way it is enriching the lives of children today across America. I hope all Friday, March 24, 1995 make a little sense. For the Socialist French president and his wife, Fidel and the Cuban Americans will take a little extra time next Mr. DORNAN. Mr. Speaker, 10 years ago revolution never represented a threat to civ- month to appreciate the contribution art makes today, in Ludwigslust, East Germany, United ilization as much as its promise. to our national life. E 688 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 A TRIPLE-A DIAMOND IN THE ‘‘It had some validity because it is based theme of ‘‘it’s about time’’ and still one of ROUGH on kind of a model, but it does not apply to the best entertainment values in town, a be- any single city.’’ mused McKernan said. And that is one reason the city is embark- It was the first price hike in eight years. HON. BILL RICHARDSON ing this year on its own SWAG that will In about four weeks, the minor league boys OF NEW MEXICO measure the impact of the Dukes all by of summer will strut their stuff in what IN THE HOUSE OF REPRESENTATIVES themselves, Theuson said. promises to be an excellent and perhaps Friday, March 24, 1995 There is one given: the Dukes provide one record-setting year. of the most affordable family entertainment Oh yeah, and the bottom line looks good Mr. RICHARDSON. Mr. Speaker, as the offerings anywhere, and it doesn’t happen ac- again for the successful business that is the chaos of major league baseball's labor dispute cidentally. Dukes. continues to unfold, the spirit of baseball is ‘‘McKernan deliberately does keep the ‘‘We do all right . . . we survive in spite of alive and well in minor league baseball and prices down so that it can appeal to the fam- ourselves,’’ McKernan said. ily. He really does understand what he is the 1994 Pacific Coast league champion Albu- f querque Dukes are ready for the new season. doing. He understands the difference between the types of pricing policies.’’ Regardless of the outcome of the major Thueson said he has tried over the years to COMMENDING THE HEROIC AC- league strike, the Albuquerque Dukes will con- explain McKernan’s expertise and success to TIONS OF SECRET SERVICE tinue to set the pace for well-managed profes- UNM athletics, and how it could benefit the AGENTS sional baseball businesses in the country. The university. Dukes boast 8 straight years of 300,000-plus ‘‘We talked to them about overall profit- in attendance, a record average gate for 1994, ability and tried to get them to understand HON. STENY H. HOYER a waiting list for advertisers, and competitive . . . but they never would.’’ OF MARYLAND McKernan, the barrel-chested and bearded teams every season. IN THE HOUSE OF REPRESENTATIVES The Dukes' general manager and president business and baseball guru prefers interest- ing conversation, which doesn’t include talk Friday, March 24, 1995 Pat McKernan personifies the enthusiasm and of pricing policies, corporate management, devotion that prevails in the hearts of all base- or even how the Dukes will do this year (‘‘I Mr. HOYER . Mr. Speaker, as ranking mem- ball fans. By combining old-fashioned busi- don’t know,’’ he says). ber of the House Treasury, Postal Service and ness sense and community support, Pat McKernan likes to ask your age, get an an- General Government Appropriations Sub- McKernan provides one of the most affordable swer, then add, ‘‘Oh, you just look old.’’ He committee, I rise today to commend nine family entertainment offerings in New Mexico. also enjoys inquiring, ‘‘Your second mar- members of the U.S. Secret Service for their I recommend to all my colleagues the fol- riage?’’ and how you managed to screw up heroic efforts in helping rescue almost 2 lowing article about Mr. McKernan and the such a promising job elsewhere to end up dozen individuals from a burning building in Dukes which appeared in the Albuquerque here. Washington, DC. But the Dukes’ resident optimist, wearing Business Times on March 6, 1995. I believe a ‘‘what, me worry?’’ expression, did talk Many Americans view the role of agents of all Members will be encouraged to see that about how just about anything that could the U.S. Secret Service as that of protecting baseball and business can coexist for the happen with the strike should benefit the or- the President of the United States and the good of the community and the sport. ganization, and all minor league ball for that members of his CabinetÐwhich it is. However, ALB.’S BOOMING BASEBALL BIZ matter. on March 14, officers Thomas F. Owens, Jr., (By Michael G. Murphy) If the strike continues without replace- Gregory S. Cleckner, Paolo Palumbo, Phillip ments, it’s the only game in town. ALBUQUERQUE.—Considered a gem—if not M. Bernal, George L. Sax, Kenneth J. Bouley, If the strike continues with replacements, the gem—of Triple-A diamonds in the rough, Kenneth B. Parsons, and Sergeants William S. it’s arguably going to be a better brand of the Albuquerque Dukes are buffing the Rick and Charles F. Kuzmovich of the Uni- bleachers, lifting new light towers, and mak- the only game in town. And if the strike is settled, any residual formed Division of the Secret Service, went ing ready for ’95. beyond their assigned duties and helped to Sometimes hidden by its on-field sports fan resentment at the major league level— success, the local slice of America’s pastime live, on TV or radio—can only boost Dukes’ evacuate 21 residents from an engulfed build- ranks year after year as one of the most pro- attendance, and the listening and occasional ing on 14th Street NW in Washington, DC. lific and well-managed professional baseball viewing audience. The Secret Service officers on the scene, businesses in the United States. It is a win-win-win situation, McKernan even prior to the arrival of the fire department, This year—strike or settlement in the ma- said. not only went door to door and helped resi- jors—stands to be yet another winning sea- There is an ‘‘understanding’’ among base- ball owners, major league players, and the dents leave the structure, but they also as- son in terms of gate, advertising, and general sisted a number of individuals who were bang for entertainment buck. minor league players to make sure minor The Dukes’ boast eight straight years of leaguers don’t endanger their future careers trapped in windows and were afraid to leave 300,000 plus in attendance, a record average by getting in the middle of the strike, the structure. gate for ’94, a waiting list for advertisers, McKernan said. Mr. Speaker, the quick-thinking efforts by not to mention competitive teams every sea- Management has no intention of ‘‘twisting these nine Secret Service agents undoubtedly son. any arms’’ to try to get Triple A players to helped to save the lives of a number of indi- Business and the support of the commu- become replacements, he said. viduals and I hope my colleagues join me in ‘‘They understand the dilemma. And we nity has been wonderful, said President and saluting their heroic efforts. General Manager Pat McKernan. understand the dilemma far more than the Economic impact is not a useful phrase for players’ association.’’ f him (‘‘They make those numbers up, don’t If the strike continues, they will report to they?’’) but reluctantly, has led the charge. the Dukes, probably right before the first CONGRATULATIONS TO JUDGE He has been flanked by Ron Nelson, presi- game, April 6. NICHOLAS TSOUCALAS dent of the Uptown Association, and Cathy There is one possible negative, and that Leyendecker, board member of the Mark has to do with the chance that Congress, in Twain Neighborhood Association. screwing around with baseball’s federal anti- HON. THOMAS J. MANTON Leyendecker has a different view for future trust exemption, will accidentally repeal a OF NEW YORK projects, but sided with Salazar and Nelson portion that allows major league financial in a uniform front he will point to the parent support for the minors. IN THE HOUSE OF REPRESENTATIVES organization of the minors—the National As- Still, McKernan, whose photo should be Friday, March 24, 1995 sociation of Professional Baseball Leagues right next to laid-back in your Webster’s, (NAPBL)—which does dabble in financial fig- has not been losing any sleep. As he said, it Mr. MANTON. Mr. Speaker, I rise today to ures. is not something he can do much about, so join the Queens Borough Lodge No. 878 in According to a recent NAPBL model, an he is not going to worry about it. honoring Judge Nicholas Tsoucalas, Judge of average Triple-A club generates about $13 His cluttered office includes the Optimists the United States Court of International Trade, million a year in everything from hotels, Creed on his door, a Far Side calendar on his for his service to his community, his County, meals, travel, local goods and services, desk, a fish tank, and a photocopied motto and the Second Department. scouts, umpires, and salaries. that the ‘‘floggings will continue until mo- Now, that is a SWAG or Scientific Wild Ass rale improves.’’ A native of New York City, Judge Guess in NASA parlance, said Neil Thueson, The Dukes enjoy phenomenal community Tsoucalas, began his education in the public an associate planner with the city of Albu- support. Last year, when they announced a elementary and secondary schools of New querque who also teaches a UNM market re- ticket price increase of $1, local media pub- York City. He continued his higher education search class in sports administration. lished the story with variations on the of Kent State University where he received a March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 689 B.S. degree in business administration in purchase of books. These individual collec- He has donated health club equipment to 1949. In 1951, he received an LL.B. from New tions eventually resulted in the endowment of the local schools, has supported the Simi Val- York Law School where he also took graduate the university's library. The societies also ley Education Foundation and, in his own courses in immigrant law and federal practice began collecting portraits of their distinguished right, has been a loyal chamber member. and procedure. alumni and those representing their ideals. As chamber president, Ron has compiled a Mr. Speaker, Judge Tsoucalas also has a That collection is now the largest privately long list of accomplishments that will endure distinguished military career. In 1944, Judge owned portrait collection in North Carolina. far beyond his 1-year term. Tsoucalas entered the Navy where he served It is entirely appropriate, Mr. Speaker, to He formulated a business retention and de- our country until 1946 as a radio operator on pay tribute to these two societies whose innu- velopment division to ensure that the chamber board APD and transport vessels in the Euro- merable contributions to the development of was doing all it could to attract new busi- pean Theater of War as well as the Caribbean the University of North Carolina, cultivation of nesses to Simi Valley and to retain existing and North Atlantic. When the Korean conflict state and national leaders and steadfast com- ones. He introduced several new initiatives erupted 1951, he reentered the Navy and mitment to noble objectives have guaranteed aimed at encouraging individual members to served on aircraft carrier, U.S.S. Wasp, until their honored place in North Carolina history. be more creative and to allow the chamber to December 1952. f capitalize on that creativity. He initiated a pro- Mr. Speaker, following his service in the gram to honor long-term members andÐ military, Judge Tsoucalas was admitted to the THE 100TH ANNIVERSARY OF THE through his leadershipÐmade the chamber New York bar in April 1953. He specialized in PEACE LUTHERAN CHURCH more likely to attract new members. immigration and admiralty law. Judge Mr. Speaker, Ron Meek has established Tsoucalas has had a varied and distinguished HON. JERRY F. COSTELLO himself as someone who does more than pay legal career. Some of these positions include OF ILLINOIS lip service to his desire to help his friends and assistant U.S. attorney for Southern District of IN THE HOUSE OF REPRESENTATIVES neighbors. In both his personal and profes- New York from 1955±59, appointed supervisor sional life, Ron has proven that he is willing to Friday, March 24, 1995 of the 1960 census for the 17th and 18th con- do the hard, often thankless, work necessary gressional districts in 1959, and finally, his ap- Mr. COSTELLO. Mr. Speaker, I rise today to to get results and to improve the quality of life pointment as Judge of the U.S. Court of Inter- recognize the Peace Lutheran Church in for those around him. national Trade by President Ronald Reagan Steeleville, IL. On August 9, 1996, the church I would like to thank him for his efforts on on September 9, 1985. will celebrate its 100th anniversary. behalf of his community, congratulate him on In additional to his prestigious political and I would like to congratulate the Peace Lu- a successful term as chamber president and legal work, Judge Tsoucalas has been very theran Church and its pastor, Rev. Dr. James wish him all the best in the future. active in his church and community. He is the R. Little, on this momentous occasion. The former president of the board of directors of community of Steeleville has greatly benefited f the Greek Orthodox Church of Evangelismos, from their inspirational efforts. SSI REFORM and a member of the St. John's Theologos The church has been diligent in its commit- Society. Further, he was a member of the ex- ment to the work of the Lord, and the good ecutive committee of the Republican Party of news gospel. Peace Lutheran Church works HON. WAYNE ALLARD New York County. Judge Tsoucalas is married for the good of the community by servicing its to Catherine Tsoucalas and has two lovely congregation as a member of the southern OF COLORADO daughters, Stephanie (Mrs. Daniel Turriago) conference affiliated with the central Illinois IN THE HOUSE OF REPRESENTATIVES and Georgia (Mrs. Christopher Argyrople). senate of the Evangelical Lutheran Church in Friday, March 24, 1995 Mr. Speaker, I know my colleagues join me America. in commending Judge Nicholas Tsoucalas, for I ask my colleagues to join me as I acknowl- Mr. ALLARD. Mr. Speaker, early this year, I his outstanding legal career and his commit- edge Peace Lutheran Church on their 100th introduced H.R. 791, legislation to eliminate ment and dedication to his community, church anniversary and for their selfless dedication to supplemental security income [SSI] disability and family. their community. payments for drug addicts and alcoholics. This f f legislation currently has 48 cosponsors. I am pleased to note that this proposal has been in- TRIBUTE TO DIALECTIC AND PHIL- SALUTE TO RON MEEK ANTHROPIC SOCIETIES OF THE corporated into the Personal Responsibility UNIVERSITY OF NORTH CARO- ActÐthe Republican welfare reform plan. LINA HON. ELTON GALLEGLY Over the years many of my constituents OF CALIFORNIA have complained about the fact that drug ad- IN THE HOUSE OF REPRESENTATIVES diction and alcoholism are considered disabil- HON. W.G. (BILL) HEFNER ities under Federal law. This classification enti- OF NORTH CAROLINA Friday, March 24, 1995 tles these individuals to hundreds of dollars of IN THE HOUSE OF REPRESENTATIVES Mr. GALLEGLY. Mr. Speaker, I rise today to disability payments each month. Until last Friday, March 24, 1995 honor a selfless public servant whoÐin addi- year, they were even entitled to large lump Mr. HEFNER. Mr. Speaker, I rise to note the tion to a long list of other accomplishments sum payments. In essence, hard working tax- 200th anniversary of the Dialectic and Philan- and commitmentsÐhas served for the past payers are required to subsidize addicts. We thropic Societies of the University of North year as president of the Simi Valley Chamber all have compassion for people with a sub- Carolina. These organizations, founded by the of Commerce. stance abuse problem, but giving cash bene- university's earliest students, were established Ron Meek moved to Simi Valley 15 years fits to addicts is not the way to deal with the to promote useful knowledge and the cultiva- ago and in that relatively brief period has es- problem. This approach does far more harm tion of lasting friendships. From their ranks tablished a record of community service to than good, often providing the very resources have come such great Americans as President which lifelong residents should aspire. for addicts to continue their abuse and avoid James K. Polk, Senator Samuel J. Ervin, Jr., The father of two young sons, Ron has al- treatment. novelist Thomas Wolfe and the distinguished ways placed a major emphasis on children A General Accounting Office study found former Representative from North Carolina, and has been a strong local advocate of the that between 1988 and 1994 the number of David Price. Boy Scouts of America, the Simi Valley Boys drug addicts and alcoholics receiving SSI dis- It has been said that the history of the Dia- and Girls Club and has also served as a little ability payments rose almost 700 percent from lectic and Philanthropic Societies is the history league coach. His wife Jan is president of the 12,694 to 100,771. GAO expects a continued of the university. They are the oldest student Simi Valley Unified School District PTA and, increase to over 200,000 by 1997 if nothing is organizations of the Nation's oldest public uni- together, they cook meals for the homeless done. This would be grossly unfair for the hard versity. The societies claim the creation of the each month. working Americans who pay the bills. UNC's newspaper, yearbook and magazine, As managing general partner of the Under the Personal Responsibility Act, drug and giving the university its famous colors, Oakridge Athletic Club, Ron is also a local addicts and alcoholics lose SSI payments and blue and white. businessman who has successfully merged Medicaid. The total savings to taxpayers is The vision of these organizations can be his professional life and his desire to make his $1.7 billion over 5 yearsÐ$400 million of this seen most clearly in their first transaction; the city a better place to live. is used to fund additional drug treatment and E 690 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 research. I am proud to support this reform. It council. The Kiwanis Club of Appleton also ly to know that a previous liberal Democrat is fair to taxpayers, and requires substance claimed his service for 35 years. He was lieu- in the White House had concerns about abusers to face up to their problems and get tenant governor of his Kiwanis division from school lunches that are similar to those now which he earned a Meritorious Service award being voiced by House Republicans. real help. Jimmy Carter was right. Providing nutri- f in February 1995. Andy's service to the Salva- tion for needy children is one thing. But a tion Army included 11 years on the board of government that is spending itself into HONORING ANDREW BLACKBURN directors. After bypass surgery in 1983, he be- bankruptcy can’t afford to feed the rich and came an ardent supporter of the Appleton near-rich. HON. TOBY ROTH Heart Club. He was also a member of the Bell f OF WISCONSIN Friends of Wisconsin and the American Bell IN THE HOUSE OF REPRESENTATIVES Association. Andy's work in the Republican TRIBUTE TO JUDGE WILLIAM E. Friday, March 24, 1995 Party earned him the 1994 Outagamie County STECKLER Republican of the Year Award, an honor Mr. ROTH. Mr. Speaker, today I rise to shared with his wife, Lois. honor a soldier, patriot, philanthropist, and lov- Our prayers today are with Lois; his son and HON. ANDREW JACOBS, JR. ing family man. daughter-in-law Richard and Jill Blackburn; OF INDIANA Andrew Blackburn was a good friend of granddaughter Jennifer and daughter Christine IN THE HOUSE OF REPRESENTATIVES mine, and a good friend to many in the com- Blackburn. munity of Appleton, WI. His courageous spirit We will remember Andrew Blackburn for his Friday, March 24, 1995 and generosity was known throughout the Fox generous and industrious spirit. America Mr. JACOBS. Mr. Speaker, at the time of Valley where he had a reputation as someone needs more people like Andy, who found it so his death, Federal District Judge William E. who could be counted on to get things done, easy to put the needs of others before his Steckler was one of only six living Federal ju- whether it was as a designer at a paper com- own. rists appointed by President Harry Truman. As pany or as a volunteer for the Salvation Army. In his passing, Andrew Blackburn leaves a the following editorial from the Indianapolis With his passing, we mourn the loss of a legacy of accomplishment through giving, News says, he served and endured a very man who made a difference wherever he working and striving to help other people. long period on the Federal bench. went. He dedicated so much time and energy I would ask the members of this body and He will be missed. to his fellow man and was fully committed as the American people to look at the life of An- [From the Indianapolis News, Mar. 10, 1995] a husband and father to his wonderful family. drew Blackburn and realize the extent to Accomplishment came easy to Andrew which one person can make a difference in WILLIAM E. STECKLER Blackburn. He was blessed with boundless en- their surroundings. If we can work today with Many years ago a woman brought her ergy and possessed a limitless ability for help- the same energy and commitment that An- young child along when she had some busi- ness in the courtroom of Federal Judge Wil- ing others. Andy was known for his singular drew Blackburn did, we can truly build a wit and his capacity for joy and laughter, liam E. Steckler. brighter future for our communities, the Amer- After walking up the marble spiral stair- which stemmed from a satisfying life of hard ican people and those who will come after us. case in the Federal Courthouse Building, work and fulfilling activities. f they passed through an elaborate iron gate Andy was born in 1913, far from the north- and then entered the towering courtroom woods of Wisconsin, in Brooklyn, NY. He GOP WELFARE REFORM PLAN with its beautiful stained glass windows, graduated from Polytech High School and re- SPENDS MORE ON SCHOOL sculpted gold-leaf ceiling, velvet curtains, ceived a degree from Brooklyn and Pratt Insti- LUNCHES walnut pews and fresco wall murals. Upon tute where he majored in chemistry. entering this architectural splendor, the While Andy will always be remembered as youngster tugged at his mother’s hand, HON. DOUG BEREUTER pulled her down to him and whispered nerv- an active volunteer in his community, he also OF NEBRASKA ously in her ear, ‘‘Are we here to see God?’’ built an impressive career. Upon graduation, IN THE HOUSE OF REPRESENTATIVES Steckler, who presided in that elaborate he worked for Nyanza Color and Chemical Co. Friday, March 24, 1995 courtroom since being named a federal judge as a colorist and managed the dye house for for the Southern District of Indiana in 1950, the Allen A. Co. in Bennington, VT. He worked Mr. BEREUTER. Mr. Speaker, this Member would chuckle when he told that story. for Western Felt Works in Chicago before highly commends to his colleagues this edi- He appreciated the inherent humor of the moving to Appleton in 1955. In Appleton, Andy torial which appeared in the Omaha World- tale and also was aware that he was very set up the quality control lab at Appleton Mills Herald on March 12, 1995. much a fallible human being striving to Rush Limbaugh urged his listeners to com- serve the ends of justice. where he received a patent before his retire- plain to news organizations that have car- This week Steckler passed away. ment as chief designer of papermaker felts. ried misstatements about a House GOP plan At the time of his appointment nearly 45 Andy understood the value of sacrifice and to convert the school lunch program into years ago, Steckler was only the second per- commitment to others long before moving to block grants. Many listeners, it is reported, son to serve as a federal judge in Indiana’s Appleton. During World War II, Andy was in followed his advice. Southern District. the Chemical Warfare Service stationed in Their concerns are grounded in fact. As re- Initially, he traveled throughout the England. He also served during the Battle of cent World-Herald editorials have noted, a southern two-thirds of Indiana by himself, the Bulge and was commander of a prisoner good many people, including some writers trying cases in the far reaches of the dis- and commentators, accept the falsehood that trict—New Albany, Evansville and Terre of war camp in Liege, Belgium. After 24 years food would be taken away from poor kids if Haute. of service, Andy retired as a lieutenant colo- the Republicans had their way. In reality, During his nearly half century on the nel. the GOP plan would spend more, not less, on bench, Steckler tried cases involving the Some of Andy's greatest contributions, how- school lunches although spending would constitutionality of Unigov, legislative re- ever, occurred during peacetime. He served grow at a slower rate in the next few years. apportionment, convicted Speedway bomber as head usher at the First United Methodist The charge that poor kids would go hungry Brett Kimberlin, the legislative influence Church for 17 years and was a member of the is only one of the ridiculous misrepresenta- peddling case of former Senate President Pro men's bowling league and Methodist Men. His tions that have circulated about the pro- Tem Martin K. Edwards, a patent case in- posal. Another misrepresentation has been volving procaine penicillin, a case involving Masonic affiliations also included 50 years as addressed by Robert W. Goldberg, a re- the Indianapolis Public Schools that set a a member of Mount Anthony Lodge in searcher at Brandeis University. legal precedent involving student news- Bennington, VT. Andy's Wisconsin affiliations School lunches aren’t just for poor kids, he papers and an antitrust case involving mo- included membership in Lodge 349 of Apple- noted. School lunches have become a middle- tion picture producers. ton; the Tripoli Shrine of Milwaukee and the class entitlement with most of the growth in Steckler has been credited with instituting Scottish Rite as a 32d degree Mason in Green recent years coming in wealthier school dis- the pretrial conference as required practice Bay. tricts. The stupidy of subsidizing meals for in federal court, originating the practice of Andy's service to his community was as var- non-needy kids was noted by President submitting written instructions to juries and Jimmy Carter in 1980. But his attempt to developing a checklist of procedures for the ied as it was enthusiastic. Among his civic du- preserve the benefits for low-income children trial of protracted cases, which became a na- ties were service on the youth board of the while making others pay more of their own tional model. YMCA and as an executive for the United way failed to attract congressional support. He also taught courses to federal judges Way. He was also president of the Morgan Little by little, the truth comes out. It throughout the nation on judicial etiquette School PTA and served on the citywide PTA should help the public evaluate the plan fair- and decorum. March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 691 In 1982, Steckler stepped down as chief Furthermore, the Clinton administration protection will the seniors living in Burns judge of this district, at the time having did not wish to be indifferent to Moscow’s ar- Manor derive from the big business loopholes served the longest tenure of any active chief gument that the Soviet people paid a fearful in the tax package? judge in the nation. price—some 20 million dead—to help bring He remained on the bench initially as a about the defeat of Nazi Germany. Is this the right way to begin cutting the federal judge and then as a judge of senior Those actions and arguments notwith- budget? I do not think so. status. standing, Senate Republicans Jesse Helms When it comes to cutting the budget, let us Over the years, many lawyers and litigants and Mitch McConnell outspokenly oppose start with the programs that are the weakest undoubtedly took issue with Steckler’s rul- Mr. Clinton’s journey to Moscow. They have and not the programs for the weakest. a point. ings. But most felt that he had granted them f their day in court, had taken great pains to Specifically on Chechnya, the U.S. should ensure that the judicial process worked and have extracted more concessions from Presi- CELEBRATING TUFTONIA’S WEEK had agonized long and hard over the decision dent Yeltsin, providing for ways to bring the he had rendered. civil war to an end. That would serve Boris Steckler had a full realization of the role Yeltsin most of all, and buttress those in HON. BILL RICHARDSON Russia laboring for a more democratic soci- of courts in society. OF NEW MEXICO It is a legacy that he nourished and passed ety. on to others in this district. Having decided to go, Mr. Clinton is IN THE HOUSE OF REPRESENTATIVES He will be greatly missed and long remem- obliged to try to accomplish face to face Friday, March 24, 1995 bered. what lower level diplomacy could not. Mr. RICHARDSON. Mr. Speaker, this spring f f marks the 11th consecutive year in which CLINTON’S FOREIGN POLICY: IMPACT OF RESCISSIONS ON alumni from Tufts University will celebrate their SENDING THE WRONG MESSAGES ELDERLY special relationship with their alma mater by participating in Tuftonia's Week and Tuftonia's HON. PATRICK J. KENNEDY Day activities. HON. GERALD B.H. SOLOMON OF RHODE ISLAND This holiday for the 85,000-plus alumni of OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Tufts derives its name from the title of a ven- IN THE HOUSE OF REPRESENTATIVES Friday, March 24, 1995 erable Tufts football fight song written by E.W. Hayes who graduated from the university in Mr. KENNEDY of Rhode Island. Mr. Speak- Friday, March 24, 1995 1916. er, we have heard time and time again that Mr. SOLOMON. Mr. Speaker, I urge you to The theme of this year's celebration is the opposition is determined to provide less take note of an article which appeared in the Tuftserve which focuses on Tufts alumni who Government and lower taxes, but for who? Albany Times Union on March 23. It is not volunteer in their community. These alumni Well, now we have the answer. The cuts hard to understand why Russia is not taking enhance the quality of life in their commu- before us clearly show that the intention is to our concerns seriously about Chechnya and nities. They help make our shared community provide less help to those who most need it, nuclear proliferation when the Clinton adminis- a better place for all to thrive in. and lower taxes for those who have the most. tration publicly threatens and criticizes Russia For those who fear the onset of winter, and Tuftonia's Week is recognized wherever for its actions, yet continues to act as if it is the long and cold nights that it brings, these Tufts has a campus. In addition to a formal business as usual by celebrating the 50th an- cuts will force a choice between heating and proclamation ceremony on campus hosted by niversary of V±E Day in Moscow. Based on eating. My State of Rhode Island was sup- the president of Tufts, local observances these empty threats it is no surprise that the posed to receive $8.8 million in energy assist- through the years have ranged from small Russians intensified their military operations in ance next winter. No more. gatherings in restaurants or clubs to cham- Chechnya following the President's decision to This bill turns its back on the 26,000 house- pagne receptions in museums, art galleries, travel to Russia. holds, more than 59,000 individuals in Rhode and private homes. The article follows: Island, who rely on the little bit of help they Tufts graduates are a proud people who enjoy gathering to think Tufts, thank Tufts, and AN UNTIMELY TRIP TO MOSCOW get for energy assistance. toast Tufts. This year, alumni will be honoring The issue: President Clinton intends to When the average heating bill in Providence visit Boris Yeltsin despite criticism. is $1,200 a winter, a grant of $414 can make fellow graduates who also serve in the name Our opinion: He cannot escape the need to a world of difference. of Tufts. face up to Chechnya. To quote a couple from my State, writing As Tufts University alumni celebrate The Clinton administration continues to about the assistance they received: Tuftonia's Week this year, I urge my col- bet its chips on President Boris Yeltsin’s re- leagues to join me in wishing the university Thank you so very much from our hearts gime in Russia, despite cautions from many and the alumni a successful celebration. sides that doing so is backing a horse fading to yours. By your compassion we’re touched. in mid-race. May God bless you * * * Not one day did we f In agreeing to attend the Moscow celebra- live cold * * * MARYLAND’S MED-EVAC PROGRAM tions on the 50th anniversary of the end of Sixty percent of the households in Rhode Is- CELEBRATES FIRST 25 YEARS World War II in Europe, President Clinton land who receive energy assistance are either overrode earlier objections, raised within the elderly, on fixed incomes, or working poor. administration as well as by political oppo- nents, to such a trip. The savage campaign Most have household incomes between HON. STENY H. HOYER by President Yeltsin to crush secessionists $6,000 and $8,000. A capital gains tax cut will OF MARYLAND Chechnya was reason enough for the Amer- provide little comfort to these people in the IN THE HOUSE OF REPRESENTATIVES ican president to abstain from a summit dead of winter next year. meeting. This cut is indefensible, and I suspect that Friday, March 24, 1995 Furthermore, the incompetent perform- is why the majority would not even allow an Mr. HOYER. Mr. Speaker, 25 years ago this ance of the Russian army forced Mr. Yeltsin amendment restoring this money to make it to week, the Maryland State Police made its first to further distance himself from the mod- the floor. medical evacuation flight, transporting a pa- ernizing forces in Russia, which oppose the Chechnya war, and become more beholden to They will be able to avoid the pain of a vote tient to the University of Maryland's hospital in nationalist and Communist elements, who today, but our seniors will be forced to feel the Baltimore. I ask that my colleagues join me in are for it. pain of their cuts tomorrow. congratulating the Maryland State Police and The loser is the momentum to democratic The cuts to housing again hit at those most the Maryland Institute for Emergency Medical refor. The United States’ principal reason for in need. Forty percent of the housing cuts will Services System for their outstanding achieve- strongly backing Mr. Yeltsin through several strike senior citizens, threatening the very via- ments since 1970. That year, a total of 197 major crises was that he was the best instru- bility and quality of their housing by slashing medical transport flights were made with an 88 ment for developing democracy in Russia. operating subsidies and modernization percent survival rate. Today, I want to recog- To entice Mr. Clinton to come to Moscow, Mr. Yeltsin made a couple of gestures. He fundsÐmaintenance, necessary improve- nize this maiden flight by Cpl. Gary Moore and permitted international rights monitors into ments, and security will be cut back. Trooper First Class Paul Benson which started Chechnya, and he agreed to downplay the In Pawtucket, RI, the cut in modernization one of the Nation's first airborne medical evac- military aspects of the May 9 observance in funds could mean that a planned central secu- uation programs. Maryland's Med-Evac pro- Moscow. rity station will have to be eliminated. What gram, operated by the Maryland State Police, E 692 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 has since established itself as a leader world- the founders was Theresa Maxis, a member of to his beliefs. A Korean war veteran from Bay wide in performing this mission. the Oblate Sisters of Providence. She was an City Post 18, State Commander Miller has I want to share with my colleagues why educated and deeply spiritual woman. Another served the American Legion in many capac- Maryland's Med-Evac program has become founder was a young Redemptorist priest ities, including both Commander of Post 18 the envy of other units throughout the world named Louis Florence Gillet. He was a mis- and 10th District Commander. He also set with the same mission. Since that maiden sionary experiencing difficulty in recruiting reli- new records for membership as the Depart- flight in March 1970, this unit has transported gious women to educate young girls. Along ment Membership Director, and then served over 62,000 patients, delivering them to a hos- with Oblate Charlotte Schaaf and Theresa as Department 4th Zone Vice Commander pital system that includes the University of Renauld, a young women from Fr. Gillet's Mis- and as Chairman of the Vice Commanders. Maryland Hospital at Baltimore, where Dr. R. sion, they formed the new religious institute. Commander Miller's presence is well known Adams Cowley pioneered his principle of the Maxis was the daughter of a Haitian woman throughout the Bay area and the State of Golden Hour, the critical time following trauma and a British Army officer. As a women of Michigan. Having served as President of the when a patient's life is most vulnerable. Mary- color, she was subject to the racism that per- local Chamber of Commerce, the Chairman of land's Med-Evac program is unique because it vaded civic and ecclesial society. Discrimina- the Board for the Bay County Convention and uses a multimission approach carried out by tion against people of color and women was Visitors Bureau, and as Director of the Bay the Maryland State Police Aviation Division. the norm. In many ways, the founders of the County Growth Alliance, he has done all that This unit provides law enforcement, search IHM's were visionaries who were ahead of he can to help promote his own community. and rescue, and medical evacuation, providing their time. Together, they began an on-going He has done all of this while being a self-em- a high quality service for the least cost. mission of educating and advocating for spir- ployed electrical contractor for more than 21 Working with other local officials, I was itual and psychological developmentÐand, so- years. pleased that former Gov. William D. Schaefer cial justice. Perhaps one of the greatest achievements agreed to upgrade the State's helicopter fleet As a former seminarian, I feel a close affin- is having been able to do all of these things to provide state of the art helicopters at each ity with the Sisters and their commitment to with the strong support of his wife, Darlene, of the 8 bases throughout Maryland. In Octo- develop an understanding of the structural because we all appreciate that the demands ber 1994, a new American Eurocopter Dau- causes of injustice. This is not merely an aca- for time often force us to make choices that phine began operating from its base in St. demic exercise, but an attempt to alleviate op- ask others to make a sacrifice. Darlene has Mary's County for the southern Maryland area, pression and provide the tools to critique and been a source of essential support having making Maryland the only State that provides transform its causes. served herself as Past President of Unit 18 24 hour per day Med-Evac coverage for its The IHM's pursuit of this endeavor lead to and the Auxiliary's 10th District. citizens, with the ability to fly in most weather the founding of Marygrove College in 1910. It has been my great pleasure and honor as conditions. This service has become an intri- Moved from Monroe to Detroit in 1927, the a Member of Congress to work closely with a cate, high-technology link in the statewide Sisters of IHM continue to respond to the reli- number of veterans who have served their Na- emergency medical services system, utilizing gious, intellectual, moral, and social well-being tion well. In some cases the attention and as- a sophisticated communications system to in- of men and women in our rapidly changing so- sistance of Members of Congress is needed, corporate a systematic approach to interface ciety. but in more cases the representation of effec- with all licensed medical care institutions in an The devotion the IHM Sisters have dis- tive veterans' organizations like the American effort to match the needs of the patient with played to their faith and the community is an Legion and leaders like Commander William the most appropriate treatment center. inspiration. Although they are a congregation Miller is essential. I invite all of our colleagues The significant achievements of the aviation of women in the Roman Catholic tradition, in thanking Commander Miller for his services division have not come without sacrifice. Six people of all faiths and denominations around to our Nation and to the Legion, and wishing pilots have been killed while performing three the world have benefited from their work. Their him the very best with the many new activities separate missions. Following each tragedy, social and spiritual contributions are many and in which he is sure to excel. actions have been taken to upgrade the equip- they deserve our gratitude for their compas- ment and training needed to conduct this im- f sion and leadership. portant mission. As the Catholic community prepares for an Today, Major Johnny Hughes is the com- TRIBUTE TO COL. NORME FROST afternoon of celebration and song, I ask my mander of the 144-person unit which operates colleagues to join me in thanking the Sisters 11 helicopters from the 8 sites throughout for their many contributions. May the next 150 Maryland. All Maryland State Police flight HON. BOB FRANKS years be a continued fruitful ministry. paramedics are nationally registered EMT- OF NEW JERSEY f paramedics, possessing emergency and criti- IN THE HOUSE OF REPRESENTATIVES cal care skills with the ability to function as A SALUTE TO AMERICAN LEGION complete pre-hospital practitioners. MICHIGAN COMMANDER WILLIAM Friday, March 24, 1995 Mr. Speaker, I am proud of the accomplish- F. MILLER Mr. FRANKS of New Jersey. Mr. Speaker, I ments of the Maryland State Police Aviation rise to pay tribute to a remarkable individual, Division and the excellent continuous service HON. JAMES A. BARCIA Col. Norme Frost, of Tryon, NC. Earlier this they provide, along with the emergency medi- year, Colonel Frost turned 99 years of age, cal services community in our great State. I OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES and his local newspaper, the Tryon Daily Bul- ask that my colleagues join with me to com- letin, briefly recounted a few of Norme's many mend them for this extraordinary record of Friday, March 24, 1995 contributions to our Nation. Norme is espe- service to the people of Maryland for the past Mr. BARCIA. Mr. Speaker, we all owe a cially renowned in the field of aviation, where 25 years. great debt to the many veterans of America's he was an early pioneer, and flier in both f Armed Forces. Many of them have sacrificed world wars. TRIBUTE TO THE IHM SISTERS: greatly to protect our freedoms and to help Mr. Speaker, Norme has an equally out- SERVANTS OF THE IMMACULATE make our Nation the greatest in the world. I standing wife, the former Betty Doubleday. HEART OF MARY know that our veterans who respect and re- Betty is related to Abner Doubleday, who is vere true leadership also feel that a debt is credited with inventing our national pastime, HON. DAVID E. BONIOR owed to those individuals who lead our veter- baseball. Betty met Norme overseas as a Red ans' organizations, helping to gain public rec- Cross executive during World War II. Today, OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES ognition of the contribution of veterans and the Betty continues her charitable efforts by as- needs of many of their legion. sisting many of the local charities in Tryon. Friday, March 24, 1995 This weekend American Legion Post 18 is Betty is also Tryon's unofficial town historian. Mr. BONIOR. Mr. Speaker, this coming Sun- honoring William F. Miller, the Commander of I am sure that Norme owes much of his suc- day, March 26, 1995, the IHM Sisters in my the Department of Michigan of the American cess to his lovely wife. home State of Michigan, are celebrating their Legion for his years of service to his Legion, Mr. Speaker, Norme was not only a witness 150th anniversary. and to our Nation. Commander Miller will be to history, he was also an active participant in The Sisters, servants of the Immaculate completing his term as State Commander this making the history that has preserved and en- Heart of Mary were founded in 1845. One of July and is being recognized for his devotion riched our Nation. I congratulate Norme for his March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 693 many accomplishments, and commend the fol- hands. There today, with bird-song at dawn- panionship visits; and 60,789 telephone reas- lowing article to my colleagues' attention: ing and the cacophony of trilling tree-frogs surance calls. In addition, 9,931 hours of spe- [From the Tryon Daily Bulletin, Jan. 25, at dusk, he lends his talents and energies to cial projects were completed in conjunction 1995] local activities, much as she devoted them to his flying career. He has performed so many with local organizations and schools. Truly de- COL. NORME FROST: STILL FLYING HIGH AT 99 feats of magic in lighting, photography, monstrative of community partnership, these (By Bob Witty) audio and construction for the Tryon Little volunteer hours are equivalent to 42 full-time Today is the 99th birthday of Norme Frost, Theater, The Fine Arts Center and other paid positions. a legend in his time. groups, that there is no room here to list As the entire Nation recognizes National Born in another century, Jan. 25, 1896, to them. Volunteer Week from April 23±29, I am sure be exact, he has left a fascinating trail be- Let the words of the late Lou Perrottet as that my colleagues will join me in thanking the hind as he made his way from Central Lake, published in the Tryon Litter Theater Bul- North Miami Foundation and its volunteers. Michigan, to his beloved bower on Wilder- letin in 1978, speak for ‘‘Frostian’’ skills. ness Drive. ‘‘Colonel Norme Frost continues to leave his Theirs is an exemplary crusade that is of tre- He came out of an era when everyone footprints on the cultural creations of this mendous value to our community. started to work and contribute at an early community. Not the least of accomplish- f age, out of a family where hard work was the ments is his ability to merge technical dis- watchword. To make ends meet in their ciplines with moments of sheer emotion and RULE REGARDING THE PERSONAL cash-poor, small village environment, his feeling.’’ RESPONSIBILITY ACT mother ‘‘took in’’ washing, taught school, Norme justified this accolade with his re- hung wallpaper and worked the family farm. nowned production of ‘‘The Drama of Na- His father was a musician, carpenter, master ture,’’ and ‘‘A Place on Earth,’’ his slide HON. PAT WILLIAMS craftsman and inventor. It wasn’t until one shows with music and narration. OF MONTANA of his inventions, a different and progressive And now, this man who saw both the auto- design for a motor boat, succeeded that mobile and airplane bow onto the world IN THE HOUSE OF REPRESENTATIVES things looked up for the Frosts. stage, has landed with both feet into the Friday, March 24, 1995 Norme was the quintessential ‘‘American Computer Age. It would not surprise any of boy.’’ Handy with his father’s tools, always us if he were to become a full-fledged mem- Mr. WILLIAMS. Mr. Speaker, A couple of obsessed with gadgets, engines and wood- ber of the ‘‘Fiber-Optic’’ journey into the fu- days ago I voted against the rule on welfare working, he tried his hand at everything ture. reform. The rule before us will preclude any that Michigan in the early 1900s afforded. The 28 World War II military pilots now His jobs included hardware store clerk, debate on the effect of drastically altering our living in this area (the Helmet and Goggles current welfare system on some of this coun- farm hand and fishing guide, running a ma- and Scarf crowd) salute their compatriot, chine in the local factory, an attendant at Colonel Norme Frost, pioneer aviator, natu- try's neediest and most underserved individ- the Insane Asylum at Traverse City, bellhop ralist, and gentle man. The poem which fol- uals, its 1.2 million native Americans. at a hotel, and as a conductor on the Sagi- lows has become the most famous anthem to So much for bipartisanship. Recognizing the naw Interurban Railway. airmen ever written. It has, of course been special government to government relationship World War I interrupted his career as a quoted again and again, most notably by jack-of-all-trades and he buckled down as a that the U.S. Government has with the coun- President Reagan when he addressed Amer- buck private, toting a rifle and preparing to try's 533 federally recognized tribes, individ- ica at the time of the Challenger disaster. It make the world safe for Democracy. That ad- uals from both sides of the aisle attempted to was written by 19 year old RCAF pilot John venture was short circuited when the war craft an amendment that would respect this Magee in England in 1941; he died in his Spit- ended in 1918, whereupon he returned to fire only a few weeks later: special relationship and the tribes' treaty rights Michigan. by providing native Americans direct access to HIGH FLIGHT His life took a new turn when he paid an the block-granting process. This rule precludes Oh! I have slipped the surly bonds of Earth itinerant barn-stormer to take him for his debate on the merits of this amendment. first flight in a patched up ‘‘Jenny’’ left over And danced the skies on laughter-silvered from the war. That was it! wings; This action signals a sad departure from the As soon as possible, he enlisted as a Flying Sunward I’ve climbed and joined the tum- national trend toward native American self-de- Cadet, pawned his saxophone and arrived at bling mirth termination and independence which was ini- Brooks Field, San Antonio, with three dol- Of sun-split clouds—and done a hundred tially recognized by a Republican President, lars in his pocket, prepared for flight train- things Richard Nixon. In his special message to Con- ing. A 50-year odyssey in the AirCorps/Air You have not dreamed of—wheeled and gress on July 8, 1970, then President Nixon Force had begun. soared and swung articulated the right of Indian tribes to take The rickety wood and fabric flying ma- High in the sunlit silence Hov’ring there. chines of the day were mostly leftover war- I’ve chased the shouting wind along, and over control or operation of federally funded planes. But it was a wondrous time for a flung and administered programs. Adoption of this fledgling flyer. Norme remembers with fond- My eager craft through footless halls of air. rule throws self-determination out the door and ness his favorite: ‘‘The SE–5 was a Sopwith Up, up the long, delirious burning blue signals a return to the failed paternalistic poli- pursuit plane that the RAF made famous in I’ve topped the windswept heights with easy cies which have ill-served America's Indian combat. It was light as a feather on the con- grace. peoples. trols and could turn on a dime. My alltime Where never lark or even eagle flew— This rule silences the voice of the first favorite.’’ And, while with silent, lifting mind I’ve trod Americans, native peoples. After graduation from famed Kelly Field, The high untrespassed sanctity of space. he was assigned to a tactical unit, and was Put out my hand and touched the face of f the 733rd officer to be rated ‘‘pilot’’ by the God. Army. His serial ‘‘733’’ was one number be- Happy Birthday Norme. Dominus THE INSURANCE STATE’S AND hind Hoyt Vandenberg, who was later to be Vobiscum. CONSUMERS’ RIGHTS CLARIFICA- Chief of Staff, USAF. f TION AND FAIR COMPETITION Those were the wild and woolly days of fly- ACT ing. Generations of pilots still thrill and HONORING THE NORTH MIAMI marvel at Norme and his cohorts performing FOUNDATION FOR SENIOR CITI- at air races; tiny pursuit planes dancing HON. JOHN D. DINGELL their mad pas de deux around the pylons on ZENS’ SERVICES, INC. OF MICHIGAN a tight course, sometimes as little as 25 feet off the ground in a vertical bank! Daring HON. CARRIE P. MEEK IN THE HOUSE OF REPRESENTATIVES young men indeed. OF FLORIDA Friday, March 24, 1995 In World War II, as a Colonel, he served in IN THE HOUSE OF REPRESENTATIVES General Doolittle’s 15th Air Force as a Dep- Mr. DINGELL. Mr. Speaker, today I am uty Wing Commander. He took part in the Friday, March 24, 1995 pleased to join with the distinguished chairman first B–17 strike on the sub-pens and shipping Mrs. MEEK of Florida. Mr. Speaker, on of the Commerce Committee as an original at Naples, using the smoldering Mount Vesu- Wednesday, April 26, 1995, the North Miami cosponsor of the Insurance State's and Con- vius as an initial point for the run-in to tar- Foundation for Senior Citizens' Services, Inc. sumers' Rights Clarification and Fair Competi- get. But all the fun came to an end, and after will be recognizing the volunteers who have tion Act. This is important consumer protection his 1951 retirement parade at Hickam Air- provided assistance to the area's elderly for and competitiveness legislation that deserves field in Hawaii, he brought ‘‘whats ’er name’’ 21 years. strong bipartisan support. back here to their Wilderness Drive wood- In 1994, these volunteers donated 25,499 This legislation requires that anyone who land and built her a house—with his own hours of chore services; 43,370 hours of com- sells, underwrites, or solicits the purchase of E 694 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 insurance will have to comply with all applica- Steagall Act prohibits banks from engaging in I urge my colleagues to support this sen- ble State insurance regulatory requirements. commerce. sible and fair legislation when it comes to the This will ensure a level competitive playing In 1990, the Comptroller ruled that national House floor. field and consistent consumer protection. banks could sell annuities. The Comptroller f On September 22, 1994, Congresswoman further concluded that annuities should be COLLINS of Michigan, joined me in introducing classified as investments, rather than as insur- PERSONAL RESPONSIBILITY ACT a substantially similar bill, H.R. 5075, the In- ance. The Comptroller's ruling was challenged OF 1995 surance Sales and Underwriting Consumer in Federal court by Variable Annuity Life Insur- SPEECH OF Protection Act of 1994. I commend the gen- ance Co., a unit of Houston-based American tleman from Virginia for expanding upon those General. In January of this year, the Supreme HON. JACK REED efforts. Court ruled that national banks may sell annu- OF RHODE ISLAND While some of you may wonder at the ne- ities. Last month, a Federal judge in New IN THE HOUSE OF REPRESENTATIVES cessity of having a Federal law saying that Mexico ruled that the State insurance commis- Thursday, March 23, 1995 people in the insurance business must comply sioner could not prevent First National Bank of with State insurance laws, I assure my col- Sante Fe from selling the retirement CD. The House in Committee of the Whole leagues that it is very necessary indeed. The House on the State of the Union had under The impact of these decisions on consum- consideration the bill (H.R. 4) to restore the hearing record in past Congresses in the En- ers is troublesome and significant as pointed ergy and Commerce Committee's Oversight American family, reduce illegitimacy, con- out by Jane Bryant Quinn this past Sunday, trol welfare spending, and reduce welfare de- and Investigations Subcommittee and its Com- ``Think Twice About New Retirement CDs.'' pendence: merce, Consumer Protection, and Competi- Washington Post, Sunday, March 12, 1995, at Mr. REED. Mr. Chairman, throughout the tiveness Subcommittee, as well as recent ac- H2: tions by the Comptroller of the Currency and debate on welfare reform, I have stated that The rates are lower than you would get on real welfare reform must meet three important the courts, demonstrate the urgent need for the open market. That’s the price you pay this bill. tests: Does the proposed plan promote work? for the tax deferral and the deposit insur- Does it provide States with adequate re- First, during our oversight hearings on the ance. But the banks can’t pay you less than sources? Does it protect children? Although problems faced by financial services providers 3 percent. You face serious penalties for the bill offered by Representative DEAL as a as a result of savings and loan failures, we early withdrawal except in the case of death, Democratic substitute is not perfect, I believe discovered that a number of failed savings disability or, at the Santa Fe bank, lengthy that it meets these three tests. and loans had sold insurance products to their hospitalization. Individual responsibility is at the heart of this customers, and that they had done so without At maturity, you must turn at least one- bill. On the first day an individual applies for disclosing to these customers that the insur- third of your savings into a lifetime income from the same bank—so you shouldn’t buy welfare benefits, that individual will be required ance products were not insured by the Federal this CD unless you intend to keep it. You to sign a comprehensive individualized re- Government. When the savings and loans can’t even switch banks without creating tax sponsibility plan detailing what the individual is failedÐand the insurance company that had obligations on the money. expected to do to find a job and what the underwritten many of these policies also Bottom line: There’s no escape from a re- State is expected to do to assist them in failedÐcustomers were stunned to discover tirement CD except at considerable cost. achieving this goal. If an individual refuses to With an insurance company annuity, you that the FDIC did not cover their insurance. As sign such a plan, that individual will not be eli- a result, they suffered both significant emo- can switch to a new insurer, tax free, if the new one pays a better rate. But with a bank, gible for AFDC benefits. In contrast, the Re- tional and financial losses. publican bill does not require that an individual A second example can be found in the you’re stuck. The banks know you’re trapped, which may tempt them to pay low actively look for a job for 2 years. In fact, the aftermath of the Los Angeles riots following yields every time you renew your CD. Congressional Budget Office [CBO] has stated the Rodney King trial. Many of the small busi- Even now, the bank’s return is poor. Given in its analysis of the Republican bill that all 50 ness people devastated by the riots filed a $51,000 accumulation, for a 65-year-old States will fail to meet the job requirements of claims with their insurance companies, only to woman, the retirement CD would pay $229 to the bill. find out that these companies had violated $279 a month for life at the banks now offer- In addition, whereas the Republican bill sim- California law by selling insurance in California ing the product. By contrast, the top 10 in- ply requires States to move a growing per- surance company annuities are paying an av- without authorization. Many of these compa- centage of their welfare caseload off of the erage of $386, according to Annuity Shopper nies would not, or could not, pay these valid welfare rolls, the Democratic bill requires claims. Many of these businesses were forced magazine in Englishtown, N.J. That’s a lot of money to give up for deposit insurance. I States to move a growing percentage of their to close and others suffered extreme financial think the banks should try again. welfare caseload off of the welfare rolls and difficulties because the insurance they pur- It is no secret that the Oversight and Inves- into jobs. chased was no insurance at all. The substitute also removes traditional bar- tigations Subcommittee has had many hear- Finally, there is the so-called retirement CD. riers to employment by recognizing the reality ings on the inadequacy of the current State in- This is a product, originally offered by the of our changing work force. If welfare reform surance regulatory system, and that I believe Blackfeet National Bank, that is designed to is successful and truly about work, the de- that there should be Federal regulation of this obtain FDIC insurance protection for an annu- mand for child care will increase as individuals interstate and international industry. I still hold ity, that is, insurance, product. The promoters move from welfare to work. The substitute of this product have described it as free from that belief. However, the State insurance regu- guarantees that child care assistance will be taxes on inside buildup, as is true of life insur- latory system is all that currently exists to pro- provided to any parent on AFDC who needs ance; as insured by the FDIC; and as free tect insurance consumers and to ensure the fi- child care assistance to accept and keep a job from all State insurance regulation, whether nancial stability and safe operation of insur- or participate in a work program. In recognition these regulations apply to underwriting finan- ance providers. It is imperative, for the protec- of this accepted increase in demand, the sub- cial requirements to protect the safety and tion of consumers, and to ensure the financial stitute increases child care assistance for the soundness of the bank or to consumer protec- soundness of insurance products, that, at the working poor by $424 million over 5 years tion requirements. In May 1994, the Comptrol- very least, existing State insurance standards above current projections. Under our current ler of the Currency approved this product for and protections are met by everyone selling or system, States are often forced to choose be- bank sales subject to certain conditions, in ap- underwriting insurance, whether they are a tween providing child care assistance to indi- parent agreement with the proposition that bank, foreign company, or insurance com- viduals on welfare and the working poor. Federal banking laws preempt State insurance pany. The Deal bill recognizes that real welfare re- laws, and that banks may provide insurance. The bill I am cosponsoring today, does not form is not cheap, and it provides States with Not only is it absolutely clear that Congress impose any new substantive requirements on the resources needed to move recipients from has never preempted State insurance laws as anyone who provides insurance. It simply says welfare to work. The bill provides $9 billion to to banks providing insurance, it is also a clear that if you provide insurance in interstate com- assist States in establishing programs to move misreading of the laws Congress has passed. merce, regardless of who you are, you must people into the work force. The National Bank Act has been interpreted to comply with the insurance sales, licensing, The Democratic substitute also maintains prohibit national banks from engaging in the and financial requirements of the State in the current structure of successful child nutri- business of insurance. In addition, the Glass- which you are providing the insurance. tion programs. In contrast, the Contract With March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 695 America proposal would have consolidated which time he was appointed Director of the nities began to be established in the fertile dozens of programs into block grants and Houston Regional Office. This is one of VA's lands west of the first range of the Appalach- handed over responsibility, without the nec- largest regional operations covering the south- ians. One area which attracted settlers was on essary resources, to the states. As one of my ern half of Texas and American veterans re- a high plateau between two ranges of the Ap- colleagues recently stated, ``their bill is about siding in Mexico. palachians, and in 1795, Somerset County, who gets the problem, not how to fix the prob- One of Ted's many extraordinary accom- PA was established. lem''. plishments is the development of the state-of- In 1995, Somerset County is celebrating its The Deal bill does not make children suffer the-art regional office now being constructed bicentennial. The hard-working citizens of this for the shortcomings, real or imagined, of their on the grounds of the VA medical center in area have seen many changes and challenges parents. The bill does not require that States Houston. For the major part of his directorship, over the past 200 years, but the early pioneer- deny benefits to teen mothers or their children, Ted worked unceasingly to secure approval ing spirit of the people who founded Somerset but the bill does require, however, that teen and funding for this collocation project. Ted County can still be found there today. This mothers live with a responsible adult and that was committed to ensuring that regional office spirit has led to vibrant communities through- the teen mother stay in school. employees would be housed in a modern, out the county, proud of their heritage, but The Deal bill also retains the guarantee that stimulating work environment before he left also looking forward to a bright future. abused and neglected children will receive the VA. In spite of many challenges and dif- Travelers on the Pennsylvania Turnpike foster care and adoption assistance. ficulties, Ted, with the help of many in central know Somerset as an exit high in the Penn- There has been a lot of talk about the office, the area field director's office, and his sylvania mountains. Driving by, they see a abuses in the Supplemental Security Income own employees, finally achieved success. magnificent county courthouse in the Borough Program [SSI]. The Deal bill attempts to get at This facility is the first to be developed by a of Somerset, and a spot to break up the trip the abuses in the program without harming the private developer under the ``enhanced use'' to points east and west. But getting off the medically disabled children the program was legislation signed into law a few years ago. highway and traveling through the county established to assist. And perhaps most im- Collocation of VA regional offices on the cam- would introduce them to many historic commu- portantly, the bill retains the decisionmaking pus of VA medical centers is a goal I have nities located in the beautiful Pennsylvania power on how to care for a disabled child with personally supported for many years. Ted has highlands which offer a great deal in terms of the family, not with a State bureaucrat. In con- kept me advised of his progress from the be- recreation and friendliness. As Somerset trast, the Republican bill would deny cash ginning and, when I last visited Houston, gave County, PA celebrates the 200th anniversary benefits to 700,000 disabled children in the me a tour of the site. The facility will be dedi- of its founding, I would like to offer my con- SSI Program. cated later this year, and the veterans of gratulations to its citizens as they move for- This is welfare reform that is tough, but fair. southern Texas will be the beneficiaries of this ward into a third century of work and growth, It promotes work, provides States with the re- facility for decades to come. and invite my colleagues to come experience sources to design effective programs, and pro- Mr. Speaker, to show their appreciation for the celebrations planned to take place all sum- vides protection for our children. At the heart the outstanding leadership of Ted Myatt, the mer long. of the Democratic welfare reform bill is workÐ current and former employees of the regional f at the heart of the Republican welfare reform office will dedicate the conference room in the bill is shifting responsibility, not resources to new building in Ted's honor. What better ges- TRIBUTE TO MAYOR KATHRYN States. The Democratic bill represents real ture could be made of one's worth and value. NACK welfare reform that does not take from our Ted has always been known for his strong children to pay for tax cuts for the rich. support for those who work under his direc- HON. CARLOS J. MOORHEAD f tion, and this wonderful gesture clearly dem- OF CALIFORNIA onstrates his staff's affection and respect for IN THE HOUSE OF REPRESENTATIVES TED W. MYATT RETIRES Ted. Mr. Speaker, Ted Myatt has been one of Friday, March 24, 1995 HON. G.V. (SONNY) MONTGOMERY VA's very best regional office directors. Re- Mr. MOORHEAD. Mr. Speaker, I rise today OF MISSISSIPPI spected for his integrity and professionalism, to honor Mayor Kathryn Nack of Pasadena, IN THE HOUSE OF REPRESENTATIVES Ted has testified before our committee many CA, upon her retirement from a distinguished times, and those of us serving on the Veter- career in public service. Mayor Nack has been Friday, March 24, 1995 ans' Affairs Committee have greatly benefited a member of the Pasadena City Council since Mr. MONTGOMERY. Mr. Speaker, on from his counsel. We shall miss him. 1987. She was elected by her colleagues as March 31, Ted W. Myatt will retire after almost Ted has two children, Wade Barkley Myatt vice mayor in May 1992 and as mayor in May 19 years as Director of the Department of Vet- of Bryan, TX, and Jeanne Melissa Myatt of 1994. Prior to her service on the council, erans Affairs Regional Office in Houston, TX. Houston. Ted's lovely wife is the former Ana Mayor Nack was a member of the Pasadena Since August 1, 1976, when Ted became di- Proa of Gonzales, TX. As he leaves the De- Board of Education from 1979 to 1987, serv- rector, he has served the veterans of southern partment of Veterans Affairs on March 31, we ing as the board's president for three terms. Texas with resolute dedication and sound wish for him, Ana and the family, much happi- And from 1975 to 1979, she served as a leadership. ness and the very best always. member of the Pasadena Planning Commis- Theodore ``Ted'' W. Myatt was born and f sion. reared in Johnson County in north central During her 20 years of serving the citizens Texas. He graduated from Decatur Baptist SOMERSET COUNTY CELEBRATES of Pasadena, Mayor Nack has been a leader College and received his Juris Doctor degree ITS BICENTENNIAL on many issues, most notably in the area of from Baylor University Law School in 1955. He children and families. In Pasadena, she was served as an enlisted man in the 2d and 5th HON. JOHN P. MURTHA the driving force behind the development of Armored Divisions of the U.S. Army in 1948 OF PENNSYLVANIA the ground-breaking Pasadena Family Policy, and 1949. Ted served two terms in the Texas IN THE HOUSE OF REPRESENTATIVES and as a board member of both the League of House of Representatives, 1956±59, rep- California cities and National League of Cities, resenting the 61st Legislative DistrictÐJohn- Friday, March 24, 1995 Mayor Nack's expertise was often highlighted son, Hood, and Somervell counties. He served Mr. MURTHA. Mr. Speaker, the history of in organizational panel discussions and work- as county judge of Johnson County from 1959 the United States has been built on the west- shops on the local government role in provid- to 1964. Ted resigned in 1964 to accept an ern expansion of its population. The young ing services to needy children and families. appointment as deputy chief counsel, Area days of the Republic saw ambitious men and Her extensive knowledge of this subject has Redevelopment Administration, Department of women looking westward for opportunities contributed heavily to Pasadena's reputation Commerce, here in Washington. He later which did not exist on the eastern seaboard. as a leader in the delivery of human services. joined the Department of Veterans Affairs in But the first obstacle they saw as they looked As a result of her dedicated public service, Washington as a staff attorney in the Office of west was the Appalachian Mountain Range. many people in my district may not realize that the General Counsel. As settlers began the trek westward in the Mayor Nack is an architect by trade and be- Ted returned to Texas with the VA serving late 1700's, the difficulties they encountered came a pioneer among women in that profes- as chief attorney and district counsel at the were enormous. Many died; many turned sion. While in college in her native Texas, she Waco Regional Office from 1968 to 1976, at back. But just as many persisted, and commu- was chosen as 1 of 100 female math and E 696 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1995 science majors to be selected for an intensive the means to do soÐinstead of being sup- not relish having to take this action, but it is aeronautical engineering education program to ported by taxpayers. Finally, the Deal amend- out of a necessity generated by the desire of replace aeronautical engineers during World ment helps address the crisis of teenage preg- some to circumvent Federal law. War Ii. Eventually, Mayor Nack joined her hus- nancy and provides communities with the re- This legislation will simply enforce current band Don to start their own architectural firm, sources they need to prevent teenage preg- law regulating the height of buildings con- all while raising six children. nancy. structed in the District of Columbia by prohibit- On behalf of the citizens of Pasadena and In short, the Deal substitute provides sen- ing the District of Columbia from issuing any California's 27th Congressional District, I wish sible responses to the American public's de- building or occupancy permit for a project lo- Mayor Nack well in her retirement. She will be mand for reform, but does not in the process cated at 1328 G Street Northwest unless the missed, but I have a feeling that she will con- hurt vulnerable children or simply shift costs to project to be developed complies with the re- tinue to be involved in other civic activities and other programs. quired building height limitation of 110 feet. remain a strong presence in the Pasadena I urge my colleagues to support the Deal In order to get around the law, the devel- community. substitute. We must reform the welfare system opers of this project have argued against not f to move people from welfare to work. We can- only Federal law, but the laws of physics. No not afford to fail. matter how much a developer might wish it to PERSONAL RESPONSIBILITY ACT I request unanimous consent to revise and be so, a property cannot be in two places at OF 1995 extend my remarks. the same time. SPEECH OF f The plot of land in question is located in the middle of the 1300 block of G Street. None- HON. NITA M. LOWEY HALL OF FAME theless, the developers claim that it actually OF NEW YORK ``fronts'' on 13th Street. As found by the Na- IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL P. FORBES tional Trust for Historic Preservation, ``that is Thursday, March 23, 1995 OF NEW YORK not the case hereÐ1328 G Street is clearly a The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES mid-block building separated from 13th Street House on the State of the Union had under Friday, March 24, 1995 by 75 feet, two lots, and a public alley. Any consideration the bill (H.R. 4) to restore the suggestion that 1328 G Street `fronts' on 13th American family, reduce illegitimacy, con- Mr. FORBES. Mr. Speaker, the Suffolk Y is Street is clearly an artifice, and would cir- trol welfare spending, and reduce welfare de- the home of the New York Jewish Sports Hall cumvent the requirements of the Building pendence: of Fame, honoring Jewish sports figures who Height Act.'' Mrs. LOWEY. Mr. Chairman, we all agree have distinguished themselves in the field of I am submitting for the RECORD a letter from that reform of the welfare system is long over- sport. This Sunday, March 26, 1995, induction the National Trust for Historic Preservation to due. The current system is costing billions of ceremonies will be held at the Suffolk Y JCC the National Capital Planning Commission pro- dollars and is not solving the problem. It does to honor the 1995 inductees. viding greater detail of the developer's she- not put people to work but instead has created This year's inductees are Mel Allen, base- nanigans with this project. an unhealthy cycle of dependency. ball; William Beroza, Lacross; Hank Green- Again, taking this action is not something In reforming the welfare system, our focus berg, baseball; Nat Holman, basketball; Mar- that I relish, but it is necessary. It is necessary must be on moving people into real jobs. I will garet Lambert, track and field; Fred Lebow, in order to enforce existing law, to protect the vote against the Republican bill for many rea- track; Sid Luckman, football; Dolph Schayes, Federal interest, and to preserve the unique sonsÐbut primarily because it makes no guar- basketball; and Allie Sherman, football. skyline of the Nation's Capital. antee that welfare recipients will move into The Hall of Fame's athlete of the year is NATIONAL TRUST FOR work. Anita Kaplan, the women's basketball star at HISTORIC PRESERVATION, Under that bill, there is less accountability Stanford University. Washington, DC, March 16, 1995. for the dollars spent than under the current The objective of the hall is to foster Jewish Re closing of a public alley and establish- system. They do nothing to improve access to identity through athletics. The New York Jew- ment of an easement in square bounded and the quality of existing education and train- ish Sports Hall of Fame is housed at the Suf- by F, 13th, G, and 14th Streets, N.W. ing, so that people have the skills they need folk Y JCC, and a display of the inductees' (D.C. Council Act 10–295). Hon. THOMAS M. DAVIS III, to get a job. The majority's bill moves to the plaques and memorabilia is permanently Chairman, District of Columbia Subcommittee, extremeÐand will only create another system housed there as well. House Government Reform and Oversight Com- that fails families and taxpayers by creating a Sports has always been the international mittee, Washington, DC. whole class of women and children with no language, the unifier among all peoples. Ev- DEAR MR. DAVIS: On behalf of the National hope of becoming self-sufficient. eryone who participates in sports is a winner, Trust for Historic Preservation in the United The Deal substitute provides a balance in but when figures rise to the top of their class, States (the ‘‘National Trust’’), I am writing this debate. It is tough on work, requiring par- as with the Hall of Fame inductees, the victory to urge you to disapprove D.C. Council Act ticipants to establish contracts detailing what is even sweeter. 10–295, which permits the closing of the alley referenced above. Allowing this alley closure they will actually do to secure private sector I urge my colleagues to join me in recogniz- to become effective would violate the Build- employment. The substitute provides a serious ing the superior career performances of these ing and Height Limitation Act of 1910, ch. deadline: Participants can participate in a great athletes and fine individuals on the occa- 263, 36 Stat. 452 (1910), by permitting a build- workfare program for 2 years. After 2 years sion of their induction into the Jewish Sports ing at 1328 G Street to exceed the Act’s are up, States have some flexibility to work Hall of Fame. height limitation. While we strongly support with these populationsÐbut ultimately people f the District of Columbia’s right to self-gov- must work, or they lose their cash benefits. ernment on matters of purely local concern, The Deal substitute also provides States with FEDERAL ACTION IS NEEDED TO it is appropriate for Congress to exercise its resources to improve existing workfare sys- ENFORCE FEDERAL BUILDING reserved oversight authority under the D.C. Home Rule Act when federal interests—such tems, so that participants actually attain the HEIGHT LIMITATIONS as upholding the integrity of the federal skills they need to get and hold a job. Without Height Limitation Act—are at stake as they those skills, any employer will tell you, they HON. FORTNEY PETE STARK are here. just won't find work. OF CALIFORNIA The National Trust was chartered by Con- The Deal amendment provides State re- IN THE HOUSE OF REPRESENTATIVES gress in 1949 as a private nonprofit organiza- sources for child care, so families can work tion to facilitate public participation in the while ensuring adequate care for their chil- Friday, March 24, 1995 preservation of our nation’s historic re- dren. The Deal amendment preserves the nu- Mr. STARK. Mr. Speaker, Federal action is sources. 16 U.S.C. §§ 461, 468. The National trition programs that are essential underpin- needed in order to preserve the letter and in- Trust has approximately 250,000 members na- tionwide, including 5,500 members in the Dis- ning for the health of our Nation's children. tent of Congress' Height of Buildings Act of trict of Columbia. In addition to its head- The Deal amendment includes tough provi- 1910. quarters building off Dupont Circle, two of sions to strengthen the current child support In introducing this legislation, I have no in- the National Trust’s eighteen historic house enforcement system so that millions of young tention of interfering with the district's zoning museums, Decatur House and Woodrow Wil- people will be supported by parents who have decisions, only to enforce Federal law. I do son House, are located in Washington, D.C. March 24, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 697 Furthermore, the National Trust’s Mid-At- by nearly 20 percent the height limit for G tee acknowledged that because ‘‘[t]he city lantic Regional Office in Philadelphia is spe- Street. This is because the Council has used accepts even fictitious buildings as the basis cifically responsive to D.C. preservation con- an alley closure to pretend that the building for exceeding the height limit,’’ the devel- cerns. would front on 13th Street via a two-part ar- oper of 1328 G Street asserts that it ‘‘is enti- The National Trust has a strong interest in tificial connection. First, 1328 G Street tled to the same height as the non-existent protecting important features of the Na- would ‘‘connect’’ to an elevated walkway to [corner building].’’ tion’s Capital, including the sense of scale 1310 G Street, that already exceeds the G The federally prescribed height limitation, and proportion necessary to preserve the in- Street height limit by 20 feet in violation of which has existed in some form since the spirational vistas of our historic national federal law. Compounding this error, 1328 G founding of the Nation’s Capital itself, en- monuments and landmark federal buildings. Street would then, according to the City, hances the architectural character of the This interest is protected by federal law—the ‘‘connect’’ through 1310 to a 75 foot parking capital city, and its nationally significant Building and Height Limitation Act of 1910— lot on the corner of 13th and G streets. Be- public buildings and historic monuments. as well as by the Preservation and Historic cause this parking lot could contain a build- The height limitation for the Nation’s Cap- Features Element of the Comprehensive ing 130 feet tall, the Council has justified ex- ital is one of the important aesthetic fea- Plan for the National Capital. ceeding the height limit mid-block on G tures that distinguishes the City of Washing- The building whose construction would be Street. The Council’s action, therefore, ton from other major cities and should be facilitated by the D.C. Council’s Act is 1328 G skirts the requirements of federal law based vigorously enforced. For this reason, we urge Street, N.W., which is located mid-block. on a loophole that could lead to a wholesale the Government Reform and Oversight Sub- Under federal law, the height of 1328 G Street erosion of the height limitation. committee on the District of Columbia to should be limited to 110 feet, which is the In the National Trust’s view, the D.C. act swiftly to disapprove D.C. Council Act width of the widest street on which the Council’s action in attempting to cir- 10–295. Please feel free to contact me at 673– building fronts (G Street) plus 20 feet. Under cumvent the congressionally mandated 4255, if you have any questions. the D.C. Council’s Act, however, the building building height limitation raises serious Sincerely, would be constructed to a height of 130 feet, legal questions. Moreover, the hearing report EDWARD M. NORTON, Jr., based on the width of 13th Street, exceeding of the House District of Columbia Commit- Vice President for Public Policy. Friday, March 24, 1995 Daily Digest

HIGHLIGHTS Senate passed Self-Employed Health Insurance Tax Credit. House passed Welfare Reform bill. Senate Veterans’ Affairs Committee, and the Committee on Chamber Action Indian Affairs. Page S4570 Routine Proceedings, pages S4527–S4602 Majority Party Appointment: Senate agreed to S. Measures Introduced: Fourteen bills and three res- Res. 94, making a majority party appointment. olutions were introduced, as follows: S. 611–624, Page S4570 and S. Res. 92–94. Pages S4573±74 Regulatory Transition Act—Agreement: A unani- Measures Reported: Reports were made as follows: mous-consent time agreement was reached providing S. 617, making additional supplemental appro- for the consideration of S. 219, to ensure economy priations and rescissions for the fiscal year ending and efficiency of Federal Government operations by September 30, 1995, and other purposes. (S. Rept. establishing a moratorium on regulatory rulemaking No. 104–17) actions, on Monday, March 27. Page S4570 Special Report entitled ‘‘The Activities of the Treaty Approved: The following treaty having Committee on Armed Services, United States Senate, passed through the various parliamentary stages, up 103d Congress, First and Second Sessions’’. (S. Rept. to and including the presentation of the resolution No. 104–18) Page S4573 of ratification, upon division, two-thirds of the Sen- Measures Passed: ators present and having voted in the affirmative, the resolution of ratification was agreed to: Self-Employed Health Insurance Tax Credit: Convention on Prohibitions or Restrictions on the Senate passed H.R. 831, to amend the Internal Rev- Use of Certain Conventional Weapons (Treaty Doc. enue Code of 1986 to permanently extend the de- 103–25), with certain conditions. Pages S4568±69 duction for the health insurance costs of self-em- ployed individuals, and to repeal the provision per- Measure Indefinitely Postponed: mitting nonrecognition of gain on sales and ex- Expenditures by Committee on Rules and Ad- changes effectuating policies of the Federal Commu- ministration: Senate indefinitely postponed S. Res. nications Commission, after agreeing to the commit- 49, authorizing expenditures by the Committee on tee amendment in the nature of a substitute. Rules and Administration. Page S4570 Pages S4532±44, S4546±59 Nominations Confirmed: Senate confirmed the fol- Senate insisted on its amendment, requested a lowing nominations: conference with the House thereon, and the Chair Martin James Burke, of New York, to be United appointed the following conferees: Senators Pack- States Marshal for the Southern District of New wood, Dole, Roth, Chafee, Grassley, Moynihan, Bau- York for the term of four years. cus, Bradley, and Moseley-Braun. Page S4559 J. Don Foster, of Alabama, to be United States Amending Rule XXV of Standing Rules: Senate Attorney for the Southern District of Alabama for agreed to S. Res. 92, amending Rule XXV of the the term of four years. Standing Rules. Page S4570 Ray L. Caldwell, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Coun- Majority Party Appointments: Senate agreed to selor, for the rank of Ambassador during his tenure S. Res. 93, making majority party appointments to of service as Deputy Assistant Secretary of State for the Energy and Natural Resources Committee, the Burdensharing. D 409

VerDate 30-MAR-95 05:07 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\BELLA\D24MR5.REC d24mr5 D 410 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1995 Philip C. Wilcox, Jr., of Maryland, a Career Mem- Adjournment: Senate convened at 9:45 a.m., and ber of the Senior Foreign Service, Class of Minister- adjourned at 3:30 p.m., until 10:30 a.m., on Mon- Counselor, for the rank of Ambassador during his day, March 27, 1995. (For Senate’s program, see the tenure of service as Coordinator for Counter Terror- remarks of the Majority Leader in today’s RECORD ism. on page S4601–02.) Janet Bond Arterton, of Connecticut, to be United States District Judge for the District of Connecticut. Committee Meetings Willis B. Hunt, Jr., of Georgia, to be United States District Judge for the Northern District of (Committees not listed did not meet) Georgia. NOMINATION Charles B. Kornmann, of South Dakota, to be United States District Judge for the District of Committee on Agriculture, Nutrition, and Forestry: On South Dakota. Thursday, March 23, committee ordered favorably Karen Nelson Moore, of Ohio, to be United States reported the nomination of Daniel Robert Glickman, Circuit Judge for the Sixth Circuit. of Kansas, to be Secretary of Agriculture. John Chrystal, of Iowa, to be a Member of the SUPPLEMENTAL APPROPRIATIONS Board of Directors of the Overseas Private Invest- Committee on Appropriations: Committee ordered favor- ment Corporation for a term expiring December 17, ably reported an original bill (S. 617) making addi- 1997. tional supplemental appropriations and rescissions for George J. Kourpias, of Maryland, to be a Member the fiscal year ending September 30, 1995. of the Board of Directors of the Overseas Private In- vestment Corporation for a term expiring December CONFERENCE OF THE STATES 17, 1997. Committee on the Judiciary: Subcommittee on the Con- Gloria Rose Ott, of California, to be a Member of stitution, Federalism, and Property Rights concluded the Board of Directors of the Overseas Private In- hearings to examine the proposed Conference of the vestment Corporation for a term expiring December States process which will allow and encourage State 17, 1996. leaders to discuss and address issues of balance with- Harvey Sigelbaum, of New York, to be a Member in the Federal-State relationship, after receiving testi- of the Board of Directors of the Overseas Private In- mony from Nebraska Governor E. Benjamin Nelson, vestment Corporation for a term expiring December Lincoln; Arizona Governor Fife Symington, Phoenix; 17, 1996. Colorado State Senator Jeffrey M. Wells, Colorado Routine lists in the Coast Guard, Foreign Service. Springs; Alabama State Representative Michael Box, Pages S4569-70, S4602 Montgomery, on behalf of the National Conference of State Legislatures; Stewart Baker, Steptoe & John- Petitions: Pages S4570-73 son, and Charles Cooper, Shaw, Pittman, Potts & Statements on Introduced Bills: Pages S4574-97 Trowbridge, both of Washington, DC; Erwin Additional Cosponsors: Pages S4597±98 Chemerinsky, University of Southern California Law Center, Los Angeles; Robert F. Nagel, University of Authority for Committees: Page S4598 Colorado, Boulder; and Edward Rubin, University of Additional Statements: Pages S4598±S4601 California, Berkeley. h House of Representatives Cunningham to act as Speaker pro tempore for Chamber Action today. Page H3735 Bills Introduced: Ten public bills, H.R. Personal Responsibility Act: By a recorded vote of 1316–1325; and three resolutions, H.J. Res. 80 and 234 ayes to 199 noes, Roll No. 269, the House H. Con. Res. 48–49, were introduced. Page H3807 passed H.R. 4, to restore the American family, re- Speaker Pro Tempore: Read a letter from the duce illegitimacy, control welfare spending, and re- Speaker wherein he designates Representative duce welfare dependence. Pages H3742±90

VerDate 30-MAR-95 05:07 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\BELLA\D24MR5.REC d24mr5 March 24, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 411 Rejected the Gibbons motion to recommit the bill to the Committee on Ways and Means with instruc- Committee Meetings tions to report it back forthwith containing an amendment providing that reductions in outlays re- AGRICULTURE, RURAL DEVELOPMENT, sulting from the enactment of the Act shall be used FDA, AND RELATED AGENCIES to reduce the deficit and shall not be taken into ac- APPROPRIATIONS count for purposes of sections 252 of the Balanced Committee on Appropriations: Subcommittee on Agri- Budget and Emergency Deficit Control Act of 1985 culture, Rural Development, Food and Drug Admin- (rejected by a recorded vote of 205 ayes to 228 noes, istration, and Related Agencies held a hearing on Roll No. 268). Pages H3785±89 Administration and on Chief Financial Officer. Tes- Agreed to the committee amendment in the na- timony was heard from the following officials of the ture of a substitute (text of H.R. 1214). Page H3789 USDA: Wardell Townsend, Jr., Deputy Assistant Rejected the Mink amendment in the nature of a Secretary, Administration; and Anthony A. Wil- substitute that sought to transform the Aid to Fami- liams, Chief Financial Officer. lies with Dependent Children (AFDC) program into a program that moves recipients from welfare to COMMERCE, JUSTICE, STATE, AND work by providing a public sector or subsidized pri- JUDICIARY APPROPRIATIONS vate sector job paying minimum wage for at least Committee on Appropriations: Subcommittee on Com- two years; increase funding in the JOBS Program merce, Justice, State, and the Judiciary (and Related participation requirements by five percent per year Agencies) held a hearing on Antitrust Activities. over seven years, rising from 15 percent in fiscal year Testimony was heard from Anne K. Bingaman, As- 1997 to 50 percent in fiscal year 2003, resulting in sistant Attorney General, Antitrust, Department of a $14.9 billion authorization in additional JOBS Justice; and Janet D. Steiger, Chairman, FTC. funding over the five years; take steps to expand child care services for poor families; and finance the INTERIOR APPROPRIATIONS spending increases by raising the top corporate in- Committee on Appropriations: Subcommittee on Interior come tax rate by 1.25 percent to 36.25 percent (re- (and Related Agencies) held a hearing on DOE and jected by a recorded vote of 96 ayes to 336 noes, Other Programs. Testimony was heard from public Roll No. 267). Pages H3742±77 witnesses. Defense Department Supplemental Appropria- tions: Objection was heard to a unanimous-consent LABOR–HHS–EDUCATION request to disagree to the Senate amendments and APPROPRIATIONS agree to a conference on H.R. 889, making emer- Committee on Appropriations: Subcommittee on Labor, gency supplemental appropriations and rescissions to Health and Human Services, and Education (and Re- preserve and enhance the military readiness of the lated Agencies) held a hearing on the Health Care Department of Defense for fiscal year ending Sep- Financing Administration. Testimony was heard tember 30, 1995. Pages H3790±91 from Bruce C. Vladeck, Administrator, Health Care Legislative Program: The Majority Leader an- Financing Administration, Department of Health nounced the legislative program for the week of and Human Services. March 27. Agreed to adjourn from Friday to Tues- day. Pages H3791±92 NATIONAL SECURITY APPROPRIATIONS Calendar Wednesday: Agreed to dispense with Cal- Committee on Appropriations: Subcommittee on Na- endar Wednesday business of March 29. Page H3792 tional Security held a hearing on Army Aviation Programs. Testimony was heard from the following Quorum Calls—Votes: Three recorded votes devel- officials of the Department of the Army: Brig. Gen. oped during the proceedings of the House and ap- Peter C. Franklin, USA, Assistant Deputy, Systems pear on pages H3776–77, H3789, and H3789–90. Management and International Cooperation, Office There were no quorum calls. of the Assistant Secretary (RDA); and Brig. Gen. Adjournment: Met at 10:00 a.m. and adjourned at John M. Riggs, USA, Director, Requirements, Office 4:01 p.m. of the Deputy Chief of Staff, Operations and Plans.

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VA, HUD AND INDEPENDENT AGENCIES DEFENSE AUTHORIZATION APPROPRIATIONS Committee on National Security: Subcommittee on Mili- Committee on Appropriations: Subcommittee on Veter- tary Installations and Facilities and the Subcommit- ans’ Affairs, Housing and Urban Development, and tee on Military Readiness continued joint hearings Independent Agencies held a hearing on Corporation on the fiscal year 1996 national defense authorization for National and Community Services. Testimony request, with emphasis on Department of Defense was heard from Eli J. Segal, President, Corporation environmental programs. Testimony was heard from for National and Community Services. the following officials of the Department of Defense: CONDITION OF DEPOSIT INSURANCE Sherri W. Goodman, Deputy Under Secretary, Envi- FUNDS—IMPACT OF PROPOSED DEPOSIT ronmental Security; Lewis D. Walker, Assistant Sec- INSURANCE PREMIUM REDUCTION ON retary, Installations, Logistics and Environment, De- BANK AND THRIFT INDUSTRIES partment of the Army; Cheryl Kandaras, Principal Deputy Assistant Secretary, Installations and Envi- Committee on Banking and Financial Services: Sub- ronment, Department of the Navy; and Thomas W. committee on Financial Institutions and Consumer L. McCall, Deputy Assistant Secretary, Environment, Credit continued hearings on the condition of de- Safety and Occupational Health, Department of the posit insurance funds and the impact of the proposed Air Force; Cindy Williams, Assistant Director, Na- deposit insurance premium reduction on the bank tional Security, CBO; and David Warren, Director, and thrift industries. Testimony was heard from Defense and NASA Management Issues, National Se- public witnesses. curity and International Affairs Division, GAO. CLEAN AIR ACT AMENDMENTS— IMPLEMENTATION AND ENFORCEMENT TAXPAYER BILL OF RIGHTS II LEGISLATION Committee on Commerce: Subcommittee on Oversight and Investigations continued hearings on the imple- Committee on Ways and Means: Subcommittee on mentation and enforcement of the Clean Air Act Oversight held a hearing to Explore Development of Amendments of 1990, with emphasis on the effec- the Taxpayer Bill of Rights II legislation. Testimony tiveness of the Inspection and Maintenance Program. was heard from Senator Grassley; Representatives Ja- Testimony was heard from the following officials of cobs and Traficant; the following officials of the IRS, the EPA: Mary Nichols, Assistant Administrator, Department of the Treasury: Cynthia Beerbower, Air and Radiation; and Richard D. Wilson, Deputy Deputy Assistant Secretary, Tax Policy; Margaret Assistant Administrator, Air and Radiation; Gerald Milner Richardson, Commissioner; and Lee Monks, J. LaVale, member, Senate, State of Pennsylvania; Taxpayer Ombudsman, both with the IRS; the fol- Jim Horn, Representative, State of Texas; Mike lowing former Commissioners of the IRS, Depart- Evans, Representative, State of Georgia; Joe ment of the Treasury: Donald C. Alexander; Law- Belander, Director, Planning and Standards, Bureau rence B. Gibbs; Fred T. Goldberg, Jr., and Sheldon of Air Management, Department of Environmental S. Cohen; and public witnesses. Protection, State of Connecticut; Peter Schmidt, Di- f rector, Department of Environmental Quality, State of Virginia; and public witnesses. NEW PUBLIC LAW AFFIRMATIVE ACTION (For last listing of Public Laws, see DAILY DIGEST, P. D407) S. 377, to amend a provision of part A of title IX Committee on Economic and Educational Opportunities: of the Elementary and Secondary Education Act of Subcommittee on Employer-Employee Relations held 1965, relating to Indian education, and to provide a hearing on Affirmative Action. Testimony was a technical amendment. Signed March 23, 1995. heard from Deval Patrick, Assistant Attorney Gen- (Public Law 104–5) eral, Civil Rights, Department of Justice; and public witnesses. f NARCOTICS TRAFFICKING IN AFRICA CONGRESSIONAL PROGRAM AHEAD Committee on International Relations: Subcommittee on Week of March 27 through April 1, 1995 Africa held a hearing on Narcotics Trafficking in Af- rica. Testimony was heard from Cresencio Arcos, Senate Chamber Principal Deputy Assistant Secretary, International On Monday, Senate will begin consideration of S. Narcotics and Law Enforcement Affairs, Department 219, Regulatory Transition Act. of State; and Robert Nieves, Chief, International Op- During the balance of the week, Senate will com- erations, DEA, Department of Justice. plete consideration of S. 219, Regulatory Transition

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(Committee meetings are open unless otherwise indicated) March 29, Full Committee, closed business meeting, to Committee on Agriculture, Nutrition, and Forestry: March consider certain pending military nominations, 10 a.m., 31, to resume hearings on proposed legislation to SR–222. strengthen and improve United States agricultural pro- March 29, Subcommittee on Airland Forces, to resume grams, focusing on agricultural credit, 9:30 a.m., hearings on proposed legislation authorizing funds for fis- SR–332. cal year 1996 for the Department of Defense and the fu- Committee on Appropriations: March 27, Subcommittee ture years defense program, focusing on tactical aviation on Treasury, Postal Service, General Government, to hold issues, 2:30 p.m., SR–222. hearings on proposed budget estimates for fiscal year March 30, Subcommittee on Personnel, to resume hear- 1996 for the Executive Office of the President, and the ings on proposed legislation authorizing funds for fiscal General Services Administration, 2:30 p.m., SD–138. year 1996 for the Department of Defense and the future March 28, Subcommittee on Defense, to hold hearings years defense program, focusing on Reserve component on proposed budget estimates for fiscal year 1995 for the programs, 2 p.m., SR–222. Department of Defense, focusing on Army programs, Committee on Banking, Housing, and Urban Affairs: 9:30 a.m., SD–138. March 28, Subcommittee on International Finance, to March 28, Subcommittee on Interior, to hold hearings hold hearings on proposed legislation authorizing funds on proposed budget estimates for fiscal year 1996 for the for the Export-Import Bank tied aid warchest, 2:30 p.m., Bureau of Land Management, Department of the Interior, SD–538. 9:30 a.m., SD–116. March 29, Full Committee, to hold a closed briefing March 28, Subcommittee on Foreign Operations, to with the Committee on Energy and Natural Resources on hold hearings on proposed budget estimates for fiscal year the political and economic situation in Mexico, and the 1996 for foreign assistance programs, focusing on Africa key factors affecting it, including oil reserves and produc- humanitarian and refugee issues, 10 a.m., SD–192. March 28, Subcommittee on Labor, Health and Human tion, and other matters, 2 p.m., S–407, Capitol. Services, and Education, to hold hearings to examine is- March 30, Full Committee, to hold hearings on issues sues relating to access to health care clinics, 2 p.m., related to the Mexican peso, 10 a.m., SD–538. SD–192. Committee on Commerce, Science, and Transportation: March March 29, Subcommittee on Agriculture, Rural Devel- 30, Subcommittee on Science, Technology, and Space, to opment, and Related Agencies, to hold hearings on pro- hold oversight hearings on the implementation of the posed budget estimates for fiscal year 1996 for the Food science programs of the National Science Foundation and Safety and Inspection Service, Animal and Plant Health activities of the Office of Science and Technology Policy Inspection Service, Agricultural Marketing Service, and (Executive Office of the President), 10 a.m., SR–253. the Grain Inspection, Packers and Stockyards Administra- Committee on Energy and Natural Resources: March 28, to tion, all of the Department of Agriculture, 10 a.m., hold oversight hearings on the nomination of Daniel R. SD–138. Glickman, of Kansas, to be Secretary of Agriculture, 9:30 March 29, Subcommittee on Commerce, Justice, State, a.m., SD–366. and Judiciary, to hold hearings on proposed budget esti- March 29, Full Committee, business meeting, to con- mates for fiscal year 1996 for the Judiciary, Administra- sider pending calendar business, 9:30 a.m., SD–366. tive Office of the Courts, and the Judicial Conference, 10 March 29, Full Committee, to hold a closed briefing a.m., S–146, Capitol. with the Committee on Banking, Housing, and Urban March 30, Subcommittee on Transportation, to hold Affairs on the political and economic situation in Mexico, hearings on proposed budget estimates for fiscal year and the key factors affecting it, including oil reserves and 1996 for the Federal Aviation Administration, Depart- production, and other matters, 2 p.m., S–407, Capitol. ment of Transportation, 10 a.m., SD–192. March 30, Subcommittee on Forests and Public Land March 31, Subcommittee on VA, HUD, and Independ- Management, to hold hearings on S. 506, to reform Fed- ent Agencies, to hold hearings on proposed budget esti- eral mining laws, and S. 504, to modify the requirements mates for fiscal year 1996 for the Department of Veterans applicable to locatable minerals on public domain lands, Affairs, the Court of Veteran’s Appeals, and Veterans Af- consistent with the principles of self-initiation of mining fairs Service Organizations, 9:30 a.m., SD–138. claims, 9:30 a.m., SD–366. Committee on Armed Services: March 28, Subcommittee Committee on Environment and Public Works: March 29, on Strategic Forces, to hold hearings on proposed legisla- Subcommittee on Superfund, Waste Control, and Risk

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Assessment, to hold oversight hearings on the Com- Committee on Rules and Administration: March 30, to prehensive Environmental Response, Compensation, and hold hearings to examine the future of the Smithsonian Liability Act (CERCLA), 9 a.m., SH–216. Institution, 9:30 a.m., SR–301. March 30, Subcommittee on Transportation and Infra- March 30, Full Committee, business meeting, to con- structure, to resume hearings on S. 440, to provide for sider S. Res. 24, providing for the broadcasting of press the designation of the National Highway System, focus- briefings on the floor prior to the Senate’s daily conven- ing on transportation conformity requirements, 9:30 a.m., ing, 9:30 a.m., SR–301. SD–406. Committee on Veterans’ Affairs: March 30, to hold joint Committee on Finance: March 27, to hold hearings to ex- hearings with the House Committee on Veterans’ Affairs amine the accelerating growth of the Supplemental Secu- to review the legislative recommendations of AMVETS, rity Income (SSI) Program, 9:30 a.m., SD–215. American Ex-Prisoners of War, Vietnam Veterans of March 28, Full Committee, to hold hearings on child America, Blinded Veterans Association, and the Military support enforcement issues, 9:30 a.m., SD–215. Order of the Purple Heart, 9:30 a.m., 345 Cannon Build- March 29, Full Committee, to hold hearings on welfare ing. reform proposals, 9:30 a.m., SD–215. Committee on Indian Affairs: March 29, business meet- Committee on Foreign Relations: March 27, to hold hear- ing, to mark up S. 349, to authorize funds through fiscal ings to review United States dependence on foreign oil, year 1997 for the Navajo-Hopi Relocation Housing Pro- 2 p.m., SD–419. gram; S. 441, authorizing funds through fiscal year 1997 March 28, Subcommittee on European Affairs, to hold for programs of the Indian Child Protection and Family hearings to examine United States assistance to Europe Violence Prevention Act; S. 510, authorizing funds and the newly Independent States of the former Soviet through fiscal year 1999 for the Native American Social Union, 10 a.m., SD–419. and Economic Development Strategies Grant Program ad- March 29, Full Committee, to resume hearings on the ministered by the Administration for Native Americans; ratification of the Treaty Between the United States and and S. 325, to make certain technical corrections in laws the Russian Federation on Further Reduction and Limita- relating to Native Americans, and to consider other pend- tion of Strategic Offensive Arms (The START II Treaty) ing committee business, 10:30 a.m., SR–485. (Treaty Doc. 103–1), 10:30 a.m., SD–419. Committee on Governmental Affairs: March 28, Sub- House Chamber committee on Oversight of Government Management and the District of Columbia, to hold oversight hearings to Monday, House is not in session. examine initiatives to reduce the cost of Pentagon travel Tuesday, Consideration of the following five Sus- processing, 9:30 a.m., SD–342. pensions: March 30, Full Committee, to hold oversight hearings 1. H.R. 849, Age Discrimination Employment on the General Accounting Office, focusing on a study by Act amendments of 1995; the National Academy of Public Administration, 10 a.m., SD–342. 2. H.R. 529, Targhee National Forest Land Ex- Committee on the Judiciary: March 28, to hold hearings change; on pending nominations, 11 a.m., SD–226. 3. H.R. 606, Dayton Aviation Heritage Preserva- March 28, Full Committee, to hold hearings to exam- tion Act Amendments; ine proposals to reform habeas corpus procedures, focus- 4. H.R. 622, Northwest Atlantic Fisheries Con- ing on eliminating prisoners’ abuse of the judicial proc- vention Act of 1995; and ess, 2 p.m., SD–226. 5. H.R. 256, Fort Carson and Pinyon Canyon March 30, Full Committee, business meeting, to con- Land Withdrawal. sider pending calendar business, 10 a.m., SD–226. March 31, Full Committee, to hold hearings to exam- Wednesday and Thursday, Complete consideration ine the right to own property, 10 a.m., SD–226. of H.J. Res. 73. Committee on Labor and Human Resources: March 28, to Friday, House is not in session. hold hearings on S. 454, to reform the health care liabil- NOTE: Conference reports may be brought up at ity system and improve health care quality through the any time. Any further program will be announced establishment of quality assurance programs, 9:30 a.m., later. SD–430. March 29, Full Committee, business meeting, to mark House Committees up S. 141, to repeal the Davis-Bacon Act; S. 555, Health Professions Education Consolidation and Reauthorization Committee on Agriculture, March 28, Subcommittee on Act of 1995; S. 184, Office for Rare Disease Research Act Risk Management and Specialty Crops, hearing to review of 1995; proposed legislation authorizing funds for pro- the Federal Crop Insurance Reform Act of 1995, 2 p.m., grams of the Ryan White Care Act; and pending nomina- 1300 Longworth. tions, 9:30 a.m., SD–430. March 29, Subcommittee on General Farm Commod- March 30, Subcommittee on Education, Arts and Hu- ities, hearing to review Government acreage idling provi- manities, to hold oversight hearings to examine direct sions and their impact on program commodity crops, lending practices, 9:30 a.m., SD–430. 9:30 a.m., 1300 Longworth.

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March 30, Subcommittee on Resource Conservation, March 29, Subcommittee on Treasury, Postal Service, Research, and Forestry and the Subcommittee on Fish- and General Government, on GSA/GAO Federal Con- eries, Wildlife and Oceans of the Committee on Re- struction, 10 a.m., and on GSA, 2 p.m., B–307 Rayburn. sources, joint oversight hearing to review law enforcement March 30, Subcommittee on Commerce, Justice, State, activities on Federal lands, 9:30 a.m., 1300 Longworth. and the Judiciary (and Related Agencies), on Federal Ju- Committee on Appropriations, March 28, Subcommittee diciary, 10 a.m., and on Department of Justice-General on Agriculture, Rural Development, Food and Drug Ad- Legal Activities, 2 p.m., H–309 Capitol. ministration, and Related Agencies, on FDA, 1 p.m., March 30 and 31, Subcommittee on District of Colum- 2362A Rayburn. bia, on D.C.’s Financial Condition, 10 a.m., 2360 Ray- March 28, Subcommittee on Commerce, Justice, State, burn on March 30, and H–144 Capitol on March 31. and the Judiciary (and Related Agencies) on State and March 30, Subcommittee on Foreign Operations, Ex- Local Law Enforcement, 10 a.m., and on Economic and port Financing and Related Programs, on Congressional Business Development, 2 p.m., H–309 Capitol. and Public Witnesses, 10 a.m., H–144 Capitol. March 28 and 29, Subcommittee on Energy and Water March 30, Subcommittee on Interior (and Related Development, on Congressional and Public Witnesses, 10 Agencies) on National Park Service, 10 a.m. and 1:30 a.m. and 2 p.m. on March 28, and 9:30 a.m. and 2 p.m. p.m., B–308 Rayburn. on March 29, 2362B Rayburn. March 30, Subcommittee on Labor, Health and Human March 28, Subcommittee on Foreign Operations, Ex- Services, and Education (and Related Agencies), on Na- port Financing, and Related Programs, on Export-Import tional Cancer Institute, and National Center for Research Bank, OPIC and TDA, 10 a.m., H–144 Capitol. Resources, 10 a.m., and on National Institute of Child March 28, Subcommittee on Interior (and Related Health and Human Development, and on National Insti- Agencies), on Department of Energy Conservation, 10 tute of Diabetes, Digestive and Kidney Diseases, 2 p.m., a.m. and 1:30 p.m., and on Indian Health Service, 2 2358 Rayburn. p.m., B–308 Rayburn. March 30, Subcommittee on Military Construction, on March 28, Subcommittee on Labor, Health and Human Public Witnesses, 9:30 a.m., H–140 Capitol. Services, and Education (and Related Agencies), on SSA, March 30, Subcommittee on National Security, execu- 10 a.m., and on Administration for Children and Fami- tive, on Munitions Issues, 10 a.m., H–140 Capitol. lies, 2 p.m., 2358 Rayburn. March 30, Subcommittee on Transportation (and Re- March 28, Subcommittee on Military Construction, on lated Agencies), on FAA Training, 10 a.m., 2368 Ray- Base Closure Environmental Cleanup, 9:30 a.m., B–300 burn. Rayburn. March 30, Subcommittee on Treasury, Postal Service, March 28, Subcommittee on National Security, on Fis- and General Government, on OPM/OMB/GAO—Federal Personnel Issues, 10 a.m., and on OPM and Inspector cal Year 1996/97 Air Force Budget Overview, 10 a.m., General for OPM, 2 p.m., B–307 Rayburn. and on Air Force Acquisition Programs, 1:30 p.m., March 31, Subcommittee on Commerce, Justice, State, H–140 Capitol. and the Judiciary (and Related Agencies), on Legal Serv- March 28, Subcommittee on Treasury, Postal Service, ices Corporation and EEOC, 10 a.m., H–309 Capitol. and General Government, on Office of National Drug March 31, Subcommittee on Interior (and Related Control Policy, 2:30 p.m., B–307 Rayburn. Agencies), on National Park Service, 10 a.m. and 1:30 March 28, 29 and 30, Subcommittee on Veterans’ Af- p.m., B–308 Rayburn. fairs, Housing and Urban Development, and Independent March 31, Subcommittee on National Security, execu- Agencies, on NASA, 10 a.m., and 1:30 p.m., 2360 Ray- tive, on Tactical Intelligence, 10 a.m., H–140 Capitol. burn. Committee on Banking and Financial Services, March 27, March 29, Subcommittee on Agriculture, Rural Devel- Subcommittee on Domestic and International Monetary opment, Food and Drug Administration, and Related Policy, hearing on the World Bank, 3 p.m., 2128 Ray- Agencies, on Congressional and Public Witnesses, 1 p.m. burn. and 4 p.m., 2362A Rayburn. March 28 and 29, full Committee, to continue hear- March 29, Subcommittee on Commerce, Justice, State, ings on the following: H.R. 1062, Financial Services and the Judiciary (and Related Agencies) on Immigration Competitiveness Act of 1995; Glass-Steagall Reform; and and Border Security, 10 a.m., and 1 p.m., 2322 Rayburn. related issues, 10 a.m. on March 28, and 10:30 a.m. on March 29 and 30, Subcommittee on Interior (and Re- March 29, 2128 Rayburn. lated Agencies), on Members of Congress, 9:30 a.m. and March 30, Subcommittee on Capital Markets, Securi- 1 p.m., B–308 Rayburn. ties and Government Sponsored Enterprises, hearing on March 29, Subcommittee on Labor, Health and Human H.R. 718, Markets and Trading Reorganization and Re- Services, and Education (and Related Agencies), on Ad- form Act of 1995, 10 a.m., 2128 Rayburn. ministration on Aging, Inspector General, and on HHS, March 30, Subcommittee on General Oversight, hear- 10 a.m., and on Vacations and Adult Education, and Spe- ing on the Administration’s compliance with H. Res. 80, cial Education and Rehabilitation Services, 2 p.m., 2358 requesting the President to submit information to the Rayburn. House of Representatives concerning actions taken March 29, Subcommittee on National Security, on Air through the exchange stabilization fund to strengthen the Force Airlift Programs, 1:30 p.m., H–140 Capitol. Mexican peso and stabilize the economy of Mexico, and

VerDate 30-MAR-95 05:07 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\BELLA\D24MR5.REC d24mr5 D 416 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1995 the Subcommittee’s requests for documents, 10 a.m., hearing on United States-East Asian Economic Relations: 2222 Rayburn. A Focus on South Korea, 1 p.m., 2172 Rayburn. Committee on the Budget, March 29, to continue hearings March 29, Subcommittee on Western Hemisphere Af- on the Administration’s Fiscal Year 1996 Budget, with fairs, hearing to review the Administration’s Certification emphasis on the Perspective of State and Local Govern- Program for Narcotics Producing and Transit Countries ments, 10 a.m. and 11:30 a.m., 210 Cannon. in Latin America, 1 p.m., 2200 Rayburn. March 30, to continue hearings on the Administra- March 30, full Committee, hearing on the Administra- tion’s Fiscal Year 1996 Budget, with emphasis on views tion’s International Affairs Budget Request for Fiscal Year of Members of Congress, 10:30 a.m., 210 Cannon. 1996, 2:30 p.m., 2172 Rayburn. Committee on Commerce, March 28, Subcommittee on Committee on the Judiciary, March 29, Subcommittee on Health and Environment, oversight hearing on the Budg- Courts and Intellectual Property, hearing on the follow- etary Effects of the Growth of Health Care Entitlements, ing: H.R. 587, to amend title 35, United States Code, 9:30 a.m., 2123 Rayburn. with respect to patents on biotechnological processes; and March 30, Subcommittee on Oversight and Investiga- H.R. 1269, to amend the act of June 22, 1974, to au- tions, hearing on A Consumer’s Perspective on Medical thorize the Secretary of Agriculture to prescribe by regu- Devices, 10 a.m., 2123 Rayburn. lation the representation of ‘‘Woodsy Owl,’’ 10 a.m., Committee on Economic and Educational Opportunities, 2237 Rayburn. March 27, Subcommittee on Oversight and Investiga- March 30, Subcommittee on Immigration and Claims, tions, hearing on Obtaining Federal and State Assistance, oversight hearing on verification of eligibility for employ- 1:30 p.m., 2175 Rayburn. ment and benefits, 9:15 a.m., 2237 Rayburn. March 28, Subcommittee on Employer-Employee Rela- March 31, Subcommittee on Crime, hearing on gun tions, hearing on the following bills: H.R. 995, ERISA laws and the need for self-defense, 9:30 a.m., 2141 Ray- Targeted Health Insurance Reform Act; and H.R. 996, burn. Targeted Individual Health Insurance Reform Act of Committee on National Security, March 28, Subcommittee 1995, 9 a.m., 2175 Rayburn. on Military Installations and Facilities, to continue hear- March 29, Subcommittee on Postsecondary Education, ings on the fiscal year 1996 national defense authorization Training and Life-Long Learning to continue hearings on request, 1 p.m., 2212 Rayburn. training issues, Vocational Rehabilitation, 9 a.m., 2175 March 28 and 30, Subcommittee on Military Person- Rayburn. nel, to continue hearings on the fiscal year 1996 national March 30, Subcommittee on Workforce Protection, defense authorization request, 2 p.m., 2118 Rayburn. hearing on the Fair Labor Standards Act, 9:30 a.m., 2175 March 28 and 30, Subcommittee on Military Research Rayburn. and Development, to continue hearings on the fiscal year March 31, Subcommittee on Early Childhood, Youth 1996 national defense authorization request, 10 a.m., and Families, hearing on Adult Education, 9:30 a.m., 2118 Rayburn on March 28, and executive, H–405 Cap- 2175 Rayburn. itol on March 30. Committee on Government Reform and Oversight, March 28, March 28, Special Oversight Panel on Morale, Welfare, Subcommittee on Government Management, Information, and Recreation, hearing on the Panama Canal Commis- and Technology, to continue hearings on Post Federal sion authorization request and the Maritime Administra- Telecommunications System Post-FTS 2000, 2 p.m., tion authorization, 2 p.m., 2216 Rayburn. 2154 Rayburn. March 29 and 30, Subcommittee on Military Procure- March 28, Subcommittee on National Economic ment, to continue hearings on the fiscal year 1996 na- Growth, Natural Resources, and Regulatory Affairs, hear- tional defense authorization request, 9:30 a.m., 2118 ing on H.R. 994, Regulatory Sunset and Review Act of Rayburn. 1995, 10 a.m., 2247 Rayburn. March 29, Special Oversight Panel on Morale, Welfare March 29, Subcommittee on Civil Service, hearing on and Recreation, hearing on the fiscal year 1996 national Contracting Out: Part I, 9:30 a.m., 311 Cannon. defense authorization request, 2 p.m., 2212 Rayburn. March 29, Subcommittee on District of Columbia, to Committee on Resources, March 28, Subcommittee on Na- mark up District of Columbia Financial Recovery Board, tional Parks, Forests and Lands, hearing on the following 10 a.m., 2154 Rayburn. bills: H.R. 1280, to establish guidelines for the designa- March 29, Subcommittee on Human Resources and tion of National Heritage Areas; and H.R. 1301, to es- Intergovernmental Relations, hearing on Waste in tablish the American Heritage Areas Partnership Pro- Human Service Programs: Other Perspectives, 10 a.m., gram, 10 a.m., 1324 Longworth. 2247 Rayburn. March 29, Subcommittee on National Parks, Forests March 30, full Committee, to mark up the District of and Lands, to mark up the following bills: H.R. 260, Columbia Financial Recovery Board, 10 a.m., 2154 Ray- National Park System Reform Act of 1995; H.R. 1077, burn. to authorize the Bureau of Land Management; and H.R. Committee on House Oversight, March 28, hearing and 1091, to improve the National Park System in the Com- markup of FEC Authorization, 10 a.m., 1310 Longworth. monwealth of Virginia, 10 a.m., 1334 Longworth. Committee on International Relations, March 29, Sub- March 29, Subcommittee on Native American and In- committee on International Economic Policy and Trade sular Affairs, hearing on the following: American Samoa and the Subcommittee on Asia and the Pacific, joint Economic Development Act; and Rongelap Community

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Resettlement and Self-Reliance Act, 2 p.m., 1324 Long- March 29, 30 and 31, Subcommittee on Water Re- worth. sources and Environment, to mark up legislation to reau- March 30, full Committee, H.R. 1266, Greens Creek thorize and amend the Federal Water Pollution Control Land Exchange Act, 1 p.m., 1334 Longworth. Act, 10 a.m., 2167 Rayburn. March 30, Subcommittee on Fisheries, Wildlife and Committee on Ways and Means, March 27, Subcommittee Oceans, to mark up the following bills: H.R. 898, High on Oversight, hearing to examine the Administrations Seas Fishing Compliance Act of 1995; H.R. 1139, Proposal Relating to the Tax Treatment of Americans Striped Bass Act of 1995; H.R. 1141, Sikes Act Improve- Who Renounce Citizenship, 12 p.m., 1100 Longworth. ment Amendments of 1995; and H.R. 1175, Marine Re- March 29, Subcommittee on Trade, to mark up the sources Revitalization Act of 1995, 11 a.m., 1334 Long- following: H.R. 553, Caribbean Basin Trade Security Act; worth. Fiscal Year 1996 Budget Authorizations for the Customs March 30, Subcommittee on Water and Power Re- Service; International Trade Commission; and the U.S. sources, oversight hearing on Department of Energy and Trade Representative, 10 a.m., 1100 Rayburn. Bureau of Reclamation Operational Issues, 10 a.m. and 1 March 30, Subcommittee on Health, hearing on the p.m., 1324 Longworth. Physician Payment Review Commission Recommenda- Committee on Small Business, March 28, hearing to re- tions on Physician Payments, 10:30 a.m., 1100 Long- view the SBA’s Small Business Investment Company Pro- worth. gram, 10 a.m., 2359 Rayburn. Permanent Select Committee on Intelligence, March 28, exec- March 29, Subcommittee on Procurement, Exports, utive, hearing on Information Systems Security, 10 a.m., and Business Opportunities, hearing on the appropriate H–405 Capitol. role and the effectiveness of various Federal Government March 30, executive, hearing on DCI Budget Wrap- programs in helping small businesses find export oppor- Up, 10 a.m., H–405 Capitol. tunities around the world, 10 a.m., 2359 Rayburn. March 30, full Committee, hearing on the SBA of the Joint Meetings Future, 10 a.m., 2359 Rayburn. Committee on Standards of Official Conduct, March 28, ex- Joint hearing: March 30, Senate Committee on Veterans’ ecutive, to consider pending business, 2:30 p.m., HT–2M Affairs, to hold joint hearings with the House Committee Capitol. on Veterans’ Affairs to review the legislative rec- Committee on Transportation and Infrastructure, March 28, ommendations of AMVETS, American Ex-Prisoners of Subcommittee on Surface Transportation, to mark up leg- War, Vietnam Veterans of America, Blinded Veterans As- islation to authorize the natural gas and hazardous liquid sociation, and the Military Order of the Purple Heart, pipeline safety acts, 3 p.m., 2167 Rayburn. 9:30 a.m., 345 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Monday, March 27 12:30 p.m., Tuesday, March 28

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond 11:30 a.m.), Sen- five Suspensions: ate will begin debate on S. 219, Regulatory Transition 1. H.R. 849, Age Discrimination Employment Act Act. amendments of 1995; 2. H.R. 529, Targhee National Forest Land Exchange; 3. H.R. 606, Dayton Aviation Heritage Preservation Act Amendments; 4. H.R. 622, Northwest Atlantic Fisheries Convention Act of 1995; and 5. H.R. 256, Fort Carson and Pinyon Canyon Land Withdrawal.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, Michael P., N.Y., E696 Montgomery, G.V. (Sonny), Miss., E695 Frank, Barney, Mass., E679 Moorhead, Carlos J., Calif., E695 Allard, Wayne, Colo., E689 Franks, Bob, N.J., E692 Murtha, John P., Pa., E695 Andrews, Robert E., N.J., E684 Gallegly, Elton, Calif., E689 Pelosi, Nancy, Calif., E687 Barcia, James A., Mich., E692 Hefner, W.G. (Bill), N.C., E689 Reed, Jack, R.I., E694 Bereuter, Doug, Nebr., E690 Hoyer, Steny H., Md., E688, E691 Richardson, Bill, N. Mex., E688, E691 Bonior, David E., Mich., E692 Jacobs, Andrew, Jr., Ind., E683, E690 Rivers, Lynn N., Mich., E679 Costello, Jerry F., Ill., E689 Kennedy, Patrick J., R.I., E687, E691 Roth, Toby, Wis., E690 DeLauro, Rosa L., Conn., E680 Lowey, Nita M., N.Y., E696 Schumer, Charles E., N.Y., E681 Dingell, John D., Mich., E693 Manton, Thomas J., N.Y., E688 Solomon, Gerald B.H., N.Y., E687, E691 Dornan, Robert K., Calif., E687 Martini, William J., N.J., E679, E686 Stark, Fortney Pete, Calif., E696 Faleomavaega, Eni F.H., Am. Samoa, E685 Meek, Carrie P., Fla., E693 Torres, Esteban Edward, Calif., E680 Filner, Bob, Calif., E681 Miller, George, Calif., E682 Williams, Pat, Mont., E693

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