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, THURSDAY, SEPTEMBER 7, 1995 No. 138 House of Representatives

The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER He is the pastor of the First Baptist Church in Somerset, KY, a church of f The SPEAKER. The Chair will recog- nize 15 Members on each side for 1-min- some 2,000 members. PRAYER utes. Although a young man, Brother f Browning has packed into his years an The Reverend Dr. Robert F. Brown- impressive career in service to God and ing, pastor of First Baptist Church, REQUEST FOR LIMITATION OF his people. Somerset, KY, offered the following TIME FOR FURTHER CONSIDER- He just last year finished two 1-year prayer: ATION OF H.R. 2126, DEPART- terms as president of the Kentucky Father, You have been so good to us MENT OF DEFENSE APPROPRIA- Baptist Convention, a sure sign of the and we thank You for many blessings TIONS ACT, 1996 esteem felt for Brother Browning by today. Thank You for trusting us to Mr. MURTHA. Mr. Speaker, I ask his peers and religious leaders through- make decisions. Help us to be wise. unanimous consent on the defense bill out Kentucky. Thank You for giving us responsibility. today that we have a limitation of 5 But, no wonder to us, his home Help us to be industrious. Thank You hours on the bill and all amendments church members, we have watched his for allowing us to be leaders in this thereto. leadership abilities grow and develop great country. Help us to follow You as The SPEAKER. Is there objection to since he came to us in 1982 following we lead Your people. Thank You for the request of the gentleman from pastorships at three other Kentucky giving us families along our journey. Pennsylvania? churches and receiving his doctorate Help us to be faithful to them. Thank Mr. SANDERS. Yes, Mr. Speaker, I degree at Southern Baptist Theological You, most of all, for Your abiding pres- object. We are talking about $244 bil- Seminary in Louisville. ence, gracious love, strengthening arm, lion. I think we need more debate than In addition to various responsibilities and forgiving Spirit. May we be humble 5 hours. with the State association, he has been recipients and bold ambassadors. Mr. MURTHA. How about 6 hours? called upon by the entire community. Amen. The SPEAKER. Objection is heard. He serves on everything from the Mr. SANDERS. I think it is some- YMCA board to the county solid waste f thing that should be discussed perhaps advisory committee. He is a trustee at in a little while when people get to- Cumberland College. He has worked as THE JOURNAL gether. I do not have an objection to a a volunteer in Africa, Brazil, and Rus- time limit. But I cannot agree to a cer- The SPEAKER. The Chair has exam- sia. tain time limit now. ined the Journal of the last day’s pro- The SPEAKER. The Chair seeks to Brother Bob and his wife Jackie are ceedings and announces to the House accommodate Members, and this has the parents of three wonderful chil- his approval thereof. been an interesting colloquy. The Chair dren: Jason, Amy, and Joshua. Jason is Pursuant to clause 1, rule I, the Jour- thinks if the gentlemen can get to- a marine, based in California. nal stands approved. gether, the Chair will be glad to recog- Brother Bob is a wonderful preacher. But his greatest gift is his ability to f nize someone at an appropriate mo- ment. counsel, one on one. I can personally testify to the warm and caring love he PLEDGE OF ALLEGIANCE f imparts to those who are so fortunate The SPEAKER. Will the gentle- WELCOME TO REV. DR. ROBERT F. to be in his care. He has been of enor- woman from Texas, Ms. EDDIE BERNICE BROWNING mous importance to me and my family JOHNSON, come forward and lead the (Mr. ROGERS asked and was given in recent months, especially. House in the Pledge of Allegiance. permission to address the House for 1 Welcome Brother Browning to the Ms. EDDIE BERNICE JOHNSON of minute and to revise and extend his re- people’s House, your House. Texas led the Pledge of Allegiance as marks.) f follows: Mr. ROGERS. Mr. Speaker, the Rev- erend Bob Browning, who offered to- LET US CONTINUE TO SUPPORT I pledge allegiance to the Flag of the THE B–2 United States of America, and to the Repub- day’s opening prayer as the guest lic for which it stands, one nation under God, House Chaplain, is my hometown pas- (Mr. DICKS asked and was given per- indivisible, with liberty and justice for all. tor, friend, and personal counselor. mission to address the House for 1

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 8599 H 8600 CONGRESSIONAL RECORD — HOUSE September 7, 1995 minute and to revise and extend his re- to address the House for 1 minute and CUTTING MEDICARE TO PAY FOR marks.) to revise and extend her remarks.) TAX BREAKS Mr. DICKS. Mr. Speaker, today the Ms. EDDIE BERNICE JOHNSON of (Mr. GIBBONS asked and was given House will take up the Defense appro- Texas. Mr. Speaker, today I rise in permission to address the House for 1 priations bill, and one of the most im- strong support of continuing the B–2 minute and to revise and extend his re- portant amendments will be on the B– program. The B–2 bomber protects our marks.) 2 bomber. Ever since 1980, when Sec- sons and daughters and grandsons and Mr. GIBBONS. Mr. Speaker, 9 months retary Harold Brown announced that granddaughters, the women and men of ago the American public gave to the we would build a stealth bomber, I the military looking out for this Na- Republicans the opportunity to control have felt that this was the most impor- tion. this House of Representatives and the tant technological breakthrough in When we send our people to battle, Senate. At that time the Republicans modern military history. we want to send them with the best announced that they wanted to give In the Gulf war, the F–117, a stealth very wealthy income taxpayers a huge attack aircraft, was able to penetrate equipment we have available and we want to send them in as small a num- tax break. How are they going to pay the most difficult targets and knock for it under the budget rules? out surface-to-air missiles and radars ber as possible to save lives. This is what the B–2 will do. The B–2 can re- They are going to cut 270 billion dol- without losing pilots and doing it in a lars’ worth of benefits out of the Medi- matter of hours. Other airplanes that place many of the fighter planes in a very stealth way. It will cost more per care Program, $270 billion. They are were not stealthy were unable to pene- going to take away from all the senior trate without a large number of sup- individual plane, but when we compare the fact that it can replace 70 some citizens the right to choose their doc- port aircraft. tor. They are going to charge them The B–2 gives us a plane that can planes on each mission, it is worth it. It is cost effective. more. These burdens will fall not only carry eight times as much as the F–117 on the senior citizens but on their fam- Mr. Speaker, at least seven former and five times as far. In a world where ilies, who will feel compelled to have to Secretaries of Defense have noted the we are going to have a smaller U.S. dig down in their pockets to take care B–2 bomber is the most cost-effective military, having worldwide reach, of these people. This is unfair. being able to stop mobile divisions means of rapidly projecting force over But the most unfair thing about all coming from North Korea, say, into great distances. of this, Mr. Speaker, is this: In 2 weeks, South Korea or into the gulf, is a revo- f we will be voting on the Committee on lutionary capability. Let us continue Ways and Means on this program, and to support the B–2. KEEP THE B–2 BOMBER this is the only copy of it that we have, f this blank piece of paper. This stealth (Mr. MCKEON asked and was given attack is unconscionable. HOW TO PROTECT OUR permission to address the House for 1 CHILDREN’S FUTURE minute and to revise and extend his re- f (Mr. BOEHNER asked and was given marks.) SCARE TACTICS REGARDING permission to address the House for 1 Mr. MCKEON. Mr. Speaker, today we MEDICARE minute.) will hold an important vote on the fu- (Mr. HAYWORTH asked and was Mr. BOEHNER. Mr. Speaker, a lot ture of our Nation’s bomber force. given permission to address the House has changed over the last 9 months of With this in mind, I would like to for 1 minute and to revise and extend the Republican controlled Congress. outline excerpts from a recent report his remarks.) As Members of Congress went home by the Congressional Research Service Mr. HAYWORTH. Mr. Speaker, I lis- for their August recess, they listened on the B–2 bomber. This is a neutral or- tened with great interest to my good to their constituents. Their constitu- ganization that does not advocate or friend from Florida who precedes me ents continued to ring the bell that oppose defense programs. Members op- here in the well, and, Mr. Speaker, we was heard loudly last November by vot- posed to modernizing our bomber fleet see yet another example of Medi-Scare. ers around this country when they de- will discuss what they view as alter- You see, if you do not want to solve a cided to change the makeup of the U.S. natives to the B–2. Listen to what the problem, you try to scare the H-E-dou- Congress. They said that they wanted a report says about these alternatives: ble-hockey-sticks out of the American smaller, less costly, less intrusive gov- Alternative No. 1—Tactical aircraft. people. Scare them into an action; ernment, and they reiterated their de- Tactical aircraft are manpower inten- scare them into senseless fear. mands over August. sive and require large numbers of tank- But the fact remains this: Medicare As we look to the fall with a lot of er aircraft and nearby, properly goes bankrupt in 7 years if we do noth- confusion, a lot of activity, let me equipped military bases or carriers ing. To the seniors who age into the make it perfectly clear that Repub- from which to operate. program in 7 years, I ask, what do you licans in Congress are going to balance do when there is no program there? For the budget over the next 7 years to Alternative No. 2.—Cruise missiles. Cruise missiles are expensive—up to 70 the seniors who are living under the save the future for our children; that program now, I ask, what happens we are going to strengthen, preserve, times more costly than bomber-deliv- ered direct-attack weapons—and offer when it goes bankrupt? and protect Medicare for our senior We are willing to work with our comparatively little firepower. citizens; that we are going to reform friends in the new minority to come up welfare, where we reward work and Alternative No. 3.—Theater ballistic with a plan to save this vital program. take away the incentives for illegit- missiles—Theater-based ballistic mis- We want to enlarge options; we want to imacy today; and, last, our fourth ob- siles have very limited range and are have this program viable. But the one jective is to reduce the tax load on also more costly than bomber-delivered thing we do not need is more fear tac- middle-income Americans and provide direct-attack weapons. Of course, the tics. The one thing we need is construc- incentives to have a strong, healthy fourth alternative is to do nothing and tive consistent work together to solve economy so that we ensure that we ac- fly 1950’s-era B–52’s until they are 70 this vital problem confronting this Na- tually balance the budget over the next years old, which has been suggested by tion. officials within our Defense Depart- 7 years. f This is what we must do to protect ment. Last month, we witnessed a po- our children’s future. tential consequence of this mentality MEDICARE CUTS f when an engine dropped from a B–52 in (Ms. DELAURO asked and was given flight during a routine exercise. permission to address the House for 1 THE B–2 BOMBER IS COST- We should not let this happen to the minute and to revise and extend her re- EFFECTIVE men and women of our Armed Forces. marks.) (Ms. EDDIE BERNICE JOHNSON of Vote no on the Obey-Dellums-Kasich Ms. DELAURO. Mr. Speaker, the Re- Texas asked and was given permission amendment. publican plan to cut $270 billion from September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8601 Medicare to pay for a tax cut for the and the only one planned. If the Del- I challenge each of you to think wealthy will cost seniors $1,000 more a lums/Kasich amendment passes later about the direction of this world. The year and will mean that they will lose today, we will lose these capabilities notion that we are safe—or war is less their choice of doctors. Amazingly, Re- along with the ability to rapidly likely—should be dismissed. The re- publicans now say they are only follow- produce them in the future. If this ality is their names may have changed ing the Medicare trustees instructions amendment passes, by the year 2030, we but they are still there—ballistic mis- and trying to save the program from will be sending our pilots into combat siles, chemical weapons, and nuclear insolvency. in 70 year old B–52’s. This would be the weapons. We must have the ability to But, yesterday, the Medicare trust- same as sending our fighter pilots into counter that threat. The time is now— ees, themselves, spoke out on the Re- Desert Storm in wooden and cloth bi- I urge your vote of support for the B– publican plan. In an editorial published planes. 2. in the Los Angeles Times, the trustees And, the B–2 fits under the budget f called the Republican Medicare cuts cap that was approved in the House b excessive and said those cuts would se- earlier this year. 1020 riously hurt seniors. I urge a ‘‘no’’ vote on the Dellums- ELEMENTARY SCHOOL STUDENTS And, contrary to Republican claims, Kasich amendment when it is offered ON THE MAJORITY’S HIT LIST later today. Please join me in voting to the Medicare trustees say that the (Mr. GENE GREEN of Texas asked trust fund is not in a sudden crisis, but maintain our nation’s critical power and was given permission to address has actually improved over the past projection capabilities. the House for 1 minute and to revise few years. As the trustees said yester- f and extend his remarks.) day: ‘‘The only thing that has really ILLEGAL IMMIGRATION Mr. GENE GREEN of Texas. Mr. changed is the political needs of those Speaker, next Monday I will visit an el- who are hoping to use major Medicare (Mr. TRAFICANT asked and was ementary school, Franklin Elementary cuts for other purposes.’’ As we know, given permission to address the House School, which is in my district in those other purposes are tax cuts for for 1 minute and to revise and extend Houston. This is a school which dem- the wealthy. his remarks.) onstrates the need for a Federal role in f Mr. TRAFICANT. Mr. Speaker, ille- education. gal immigration is at an all-time high: The schools in my district are not LIMITATION OF TIME FOR FUR- 4 million illegal immigrants in Amer- wealthy. They rely on Federal edu- THER CONSIDERATION OF H.R. ica. A study now shows that many of cation dollars to supplement the State 2126, DEPARTMENT OF DEFENSE them actually end up with food stamps, and local funding that they receive. Be- APPROPRIATIONS ACT, 1996 free health care, free education, free cause of the funding problems that are Mr. MURTHA. Mr. Speaker, I ask housing, while the Congress of the all too common around the country, unanimous consent that further con- United States continues to cut money not just in Texas, the State and local sideration of the bill H.R. 2126 in the for American citizens. Unbelievable. money just is not enough to provide Committee of the Whole pursuant to I say, ladies and gentlemen, it is time these children the education, the facili- House Resolution 205 continue for a pe- to put American military troops on our ties, and resources these children de- riod not to exceed 5 hours—excluding border. They are falling out of chairs serve. time consumed by recorded votes and without arm rests overseas and we And yet, these kids, their parents, proceedings incidental thereto. have got millions of illegal immi- and their teachers kept plugging away. The Speaker pro tempore (Mr. HOB- grants, many of them running over our In 1994, the percentage of the students SON). Is there objection to the request borders with back packs full of cocaine passing a State exam was 35 to 59 per- of the gentleman from Pennsylvania? and heroin. Beam me up. Whoever cre- cent. In 1995, the percentage rose to 75 There was no objection. ated this immigration policy is in fact to 89 percent. How did this happen? f smoking dope. With a dedicated principal, hard-work- f ing teachers, involved parents, and SUPPORT THE B–2 extra work on Saturdays, the students (Mr. SALMON asked and was given THE B–52 BOMBER did it. permission to address the House for 1 (Mr. WATTS of Oklahoma asked and This is an inner-city school that re- minute.) was given permission to address the ceives chapter I funds. This is a school Mr. SALMON. Mr. Speaker, I rise House for 1 minute.) in which 98 percent of the students re- this morning in strong support of the Mr. WATTS of Oklahoma. Mr. Speak- ceive subsidized breakfast or lunch. In B–2 stealth bomber, and in strong oppo- er, President Reagan said, ‘‘If we are response to their commitment and suc- sition to the Dellums/Kasich amend- forced to fight, we must have the cess, the majority is cutting their ment to be offered later today to elimi- means and the determination to pre- funding. And I would like to say: ‘‘Wel- nate funding for future bombers. vail or we will not have what it takes come back, kids. Along with the sen- In today’s uncertain world, we will be to secure the peace.’’ This then, is the iors, you are on the majority’s hit lucky to have a day’s warning before a B–2 Bomber’s reason for existence. list.’’ conflict erupts. With our forward pres- The chairman and members of the f ence constantly shrinking, the B–2 pro- National Security Committee have vides us with the ability to rapidly clearly supported the B–2. Numerous AMERICA MUST PLAN FOR THE project power deep within well-pro- studies indicate that the United States 21ST CENTURY tected enemy territory. will require more than 20 B–2 bombers (Mr. SCARBOROUGH asked and was Further, while the premium on sur- to support the U.S. national military given permission to address the House prise and quick strike ability is in- strategy and that makes the B–2 a crit- for 1 minute and to revise and extend creasing, the premium placed on the ical part of our war fighting arsenal his remarks.) lives of our service men and women re- and will play a unique role in each and Mr. SCARBOROUGH. Mr. Speaker, I mains paramount. With stealth and every air and land battle that lies have been hearing a lot about Medicare precision-guided munitions, one B–2 ahead. and the B–2 bomber. Actually, the two with a crew of two is as effective as 75 The aging fleet of B–52 and B–1 bomb- are related, because it seems that some conventional aircraft which place 132 ers will see their performance decline Members continue to stick their head air crew at risk. And the B–2 can do in the next 5 to 10 years and can never in the sand and deny basic facts. this without being staged on the dan- perform the stealth mission of the B–2. First of all, if we do nothing on Medi- gerous front lines of a conflict. In fact, there are no new bombers on care, in 7 years the trustees say that The options that the B–2 provides are the drawing board for the next 20 Medicare goes bankrupt. Something vital to the future of our Nation’s years. Bottomline: The B–2 is an in- has to be done. We cannot ignore it. We power projection capabilities. It is cur- stallment on Congress’ promise to revi- have to face the 21st century with the rently the only bomber in production, talize our national security posture. facts. H 8602 CONGRESSIONAL RECORD — HOUSE September 7, 1995 The same is true with the B–2 bomb- complete work on our balanced budget MEDICARE IS GOING BROKE er. If we do nothing on the B–2 bomber, plan, save Medicare from bankruptcy, (Mr. BURR asked and was given per- if we go along with the Dellums-Kasich and allow working families and busi- mission to address the House for 1 amendment, then we are sticking our nesses to keep more of what they earn. minute and to revise and extend his re- head in the sand. By the year 2010, the For too long, Washington’s solution marks.) B–52 heavy bombers that we have pro- to America’s problems was always new Mr. BURR. Mr. Speaker, Medicare is tecting this country will be over 50 spending and new taxes. As a result, going broke. Not maybe. Not way down years old. our national debt now exceeds $4.9 tril- the road. If this Congress does not ad- We cannot sit back and do nothing lion and the average American family dress this crisis, our Medicare system anymore. We have to plan for the 21st pays more in taxes than it spends on will be out of money by the year 2002. century, not only in Medicare but also clothing, food, and shelter combined. This is not an issue for partisan bick- in protecting the shores and senior This fall offers our best chance to ering. This is not an issue where busi- citizens and the young and the old honestly balance the budget, cut exor- ness-as-usual is appropriate. The pend- alike. bitant taxes, and ensure that our chil- ing insolvency of Medicare threatens Mr. Speaker, I urge all my colleagues dren have a bright future that is free of the availability of health care to more to oppose the Dellums-Kasich amend- debt and full of hope. than 32 million of America’s senior ment and support the B–2 bomber. The choices are simple we can either citizens. f spend now and worry later or we can The Medicare crisis was defined in move forward with an agenda that April by the Medicare Board of Trust- BIPARTISAN EFFORT IS NEEDED forces the Federal Government to live ees—including Secretaries Reich, TO ADDRESS QUESTIONS OF within its means, saves the American Shalala, and Rubin. In their report on ETHICS dream for our children, and lays the the status of the Medicare Program, (Mr. DOGGETT asked and was given foundation for a generation of eco- they indicate that ‘‘the Medicare pro- permission to address the House for 1 nomic growth and prosperity. gram is clearly unsustainable in its minute and to revise and extend his re- Mr. Speaker, there are no legitimate present form’’ and they ‘‘strongly rec- marks.) excuses for continuing to spend money ommend that the crisis presented by Mr. DOGGETT. Mr. Speaker, to re- that we do not have. It is time for Con- the financial condition of the Medicare solve so many of the problems of this gress to quit avoiding the tough trust funds be urgently addressed.’’ country, it is essential that Repub- choices and restore some sanity to the Mr. Speaker, we owe it to our senior licans and Democrats come together in Federal budget. citizens to face this Medicare crisis a bipartisan fashion. We have seen in f head on. It is the responsibility of Con- gress to fulfill our commitment to this this session how this can work. AMERICA NEEDS THE B–2 BOMBER We have seen a 50-year-old lobbying country’s seniors and initiate Medicare law adjusted. We have seen a gift ban (Mr. TORRES asked and was given reform making this program finan- rule to ban gifts to Members of the permission to address the House for 1 cially sound now and in the years to Senate approved. And yesterday in a minute and to revise and extend his re- come. dramatic action, we saw Republicans marks.) f Mr. TORRES. Mr. Speaker, the cur- join Democrats to actually vote to rent debate over the B–2 bomber marks THE CRUEL HOAX OF MEDICARE’S expel a Member. INSOLVENCY But for some reason there is a line a turning point for the preservation of down the rotunda, and none of that bi- U.S. air power. It has been said that (Mr. PALLONE asked and was given partisanship is happening on this side the history of U.S. military power is permission to address the House for 1 of the Capitol. At the same time that characterized by technological achieve- minute and to revise and extend his re- action was being taken, this body was ments that produced globally dominat- marks.) rejecting, on a party line basis, doing ing weapons systems. I would maintain Mr. PALLONE. Mr. Speaker, I rise anything about gifts for Members of that the B–2 bomber is just such a simply to correct this terrible hoax Congress. technological achievement. If we exam- that the Republicans are playing on Mr. Speaker, today also is the first ine the core competencies of each of the American people, that somehow anniversary, 1 year ago a complaint our branch of services, it would be evi- the Medicare Program is bankrupt or concerning GOPAC and the Speaker dent that independent strategic bom- insolvent. was made to the Committee on Stand- bardment has clearly become the In fact, the trustee’s report that ards of Official Conduct and we have unique core competency of our new came out this year showed dramati- done nothing but dillydallied. U.S. Air Force. Indeed, the United cally that Medicare has never had more It is time our Republican Members States is no longer just a maritime money available and, in fact, the life of joined us and put a hand on the broom power—we are an aerospace power, and the program is at least 7 years beyond to sweep clean the questions of integ- this strategic air power is vital to our this year. That is a longer period of rity concerning this House. national security. time before Medicare goes insolvent The President of this United States than any other period of time that the f must continue to have the leverage to trustees have reported on in the last ANNOUNCEMENT BY THE SPEAKER deter an aggressor by threatening to few years. PRO TEMPORE destroy most of its economic infra- The fact of the matter is that we can- structure with an immediate, devastat- not keep this Medicare Program with a The SPEAKER pro tempore (Mr. ing strike. If such a strike were nec- huge pot of money, because if we did HOBSON). It should be noted that Mem- essary, it could be done with B–2’s with that, providers and others would want bers should not refer to disciplinary ac- minimum support, minimum risk, min- to raid the program to take advantage tions in either House. imum collateral damage, and without of that pot of money. Congress has his- f U.S. ground force fatalities. torically kept the amount of money The B–2 has global range, high sub- simply for a few years going in order to RESTORING HOPE AND sonic speed and an extremely low radar protect the program, and it is a cruel OPPORTUNITY signature. It combines the most mod- hoax on the American people to sug- (Mr. KNOLLENBERG asked and was ern avionics with the ability to deliver gest that Medicare is going insolvent. given permission to address the House precision weapons in all weather condi- What the Republicans are doing is for 1 minute and to revise and extend tions. Having created this devastating raiding the Medicare trust fund in his remarks.) capability I would urge my colleagues order to finance a tax cut. It is that Mr. KNOLLENBERG. Mr. Speaker, not to abandon it without truly under- simply. They do not want to tell the the Republican majority has been dili- standing the facts. We must project our truth about what is happening here. It gently working to keep our promises to legacy in air power into the future—to is a huge tax cut for the richest Ameri- the American people. This fall we will do this we need the B–2 bomber. cans. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8603 REPUBLICANS’ VICTORY MESSAGE Mrs. SEASTRAND. Mr. Speaker, to relieve them of their overly heavy STILL RINGS LOUD AND CLEAR most of the Members of this House tax burden. (Mr. SMITH of Michigan asked and have spent the last few weeks traveling These are simple things. We can do was given permission to address the our districts and meeting with our con- this, and we should do this now. This House for 1 minute and to revise and stituents. In my town meetings, and in was in our job description when we extend his remarks.) a very successful Medicare conference, were sent here, and if we don’t fulfill Mr. SMITH of Michigan. Mr. Speak- my central coast California constitu- those duties, our employers will find er, a lot has changed in Washington ents seemed to be worried that this someone who will. over the past 9 months, and the mes- Congress will be bogged down and not f complete the change we started the sage that sent Republicans to victory MEDICARE’S PROBLEMS SHOULD last November is still ringing loud and first 100 days. They want Medicare to be safe for fu- BE SOLVED INDEPENDENT OF clear. TAX CUTS Americans are not talking about how ture generations. They know we must we balance the budget, but whether or end failed spending policies. They (Mr. MILLER of California asked and not we will do so. People are also talk- know that we can and must balance was given permission to address the ing about how we save Medicare, not the budget and give our children a fu- House for 1 minute and to revise and whether or not we will do so. ture free of debt and full of oppor- extend his remarks.) Our mission this fall is clear. We will tunity. Mr. MILLER of California. Mr. pass a budget that brings us into bal- Mr. Speaker, the American people Speaker, it is quite telling on how ex- ance by 2002. We will enact meaningful are on to something and my constitu- cited my Republican colleagues get welfare reform that emphasizes work, ents understand that after 40 years of when democrats tell the truth about families, and hope for the future. We liberals defending the status quo, that their plan to cut Medicare by $270 bil- will save Medicare from bankruptcy. the new majority of this Congress is lion. I am sure in their districts they We will reduce the size of this changing the system that created the got the same reaction that I got in overbloated government that is taking debt and rewarded inefficiency. They mine when people learned that those away our freedoms. want solutions. They want action and cuts in Medicare were not going to be Government has grown quite large. they want it now. recycled to improve or extend the lon- gevity of the Medicare Program, but After World War II, we spent 12 percent f of our GDP, our gross domestic prod- rather much of that money was going uct, for government spending. Now, we CONGRATULATIONS TO CAL to be taken away for the first time in spend almost 22 percent of GDP. We RIPKEN ON HIS 2,131ST CONSECU- history from the Medicare Program to have done this not by taxes, but by bor- TIVE GAME pay for tax cuts for some of the rowing. We must balance the budget if (Mr. CARDIN asked and was given wealthiest people in this country. My constituents understood the need we care about our kids and our permission to address the House for 1 to make adjustments in Medicare. grandkids having a good future. minute and to revise and extend his re- What they could not understand was a f marks.) Mr. CARDIN. Mr. Speaker, on behalf plan to raid that system, to make the TO PRESIDENT CHIRAC: STOP THE of all the Members of this House, and problems worse, and for the first time in history take money away from Med- TESTING NOW all baseball fans around the Nation, let icare for other purposes in terms of the (Mr. UNDERWOOD asked and was me offer our collective congratulations budget. given permission to address the House to Cal Ripken, Jr., of the Baltimore Medicare ought to be solved within for 1 minute and to revise and extend Orioles. Last night at Camden Yards in the Medicare system, independent of his remarks.) the Third Congressional District of the drive to pay for tax cuts for the Mr. UNDERWOOD. Mr. Speaker, on Maryland, Cal played his 2,131st con- wealthy, to pay for tax cuts for the Tuesday at 12:30 p.m. local time in secutive game, one more than the im- richest families in this country, while Mururoa, the French Government ex- mortal Lou Gehrig, and did it with the stealing the money from the elderly ploded an underground nuclear weapon same grace and dignity that has who need health care that they can af- in the first of eight proposed tests that marked his remarkable career. ford. President Chirac contends are in Mr. Speaker, there was not a dry eye f France’s vital national interests. It in Camden Yards when Cal Ripken was also the 205th nuclear blast that spoke after the game and gave credit to MEDICARE France exploded, but yet they claim his family and the baseball fans for (Mr. BONO asked and was given per- they still need more computer data. this remarkable accomplishment. mission to address the House for 1 Tuesday’s explosion was detected by Thank you, Cal, for being such a minute and to revise and extend his re- seismic monitoring stations as far as great role model for young and old marks.) away as Australia, but France has yet alike. Mr. BONO. Mr. Speaker, when I was to get the message. Testing half a f home in my district last week, I met world away from home displays an ar- with constituents to get their input on MEMBERS MUST FULFILL THEIR rogance that is unbecoming of a civ- Medicare. The most consistent ques- DUTIES ilized nation. tion they had was, ‘‘Didn’t Congress President Chirac has hinted that (Mr. BALLENGER asked and was know about the Medicare problem last France may cut the testing program given permission to address the House year or 2 years ago?’’ I said yes. But, short. The gentleman from American for 1 minute and to revise and extend they refused to confront it. Samoa [Mr. FALEOMAVAEGA], our dis- his remarks.) I urge my colleagues to listen to tinguished colleague, made his con- Mr. BALLENGER. Mr. Speaker, as I their constituents and listen to the tribution by being detained by French spent August back home with family professionals—the doctors, nurses, hos- test authorities last week. and neighbors, I had time to reflect pital administrators, and, of course, President Chirac, listen to the gen- upon why I am here. It’s easy to get our seniors. We cannot propose a solu- tleman from American Samoa [Mr. caught up in inside-the-beltway activi- tion without their recommendations. FALEOMAVAEGA] and all peoples of the ties and small battles and forget why In my district, I have set up a task Pacific. Stop the testing now. our constituents sent us here. force to come up with some answers f I will tell Members why my constitu- and help find the right solution. Let us ents sent me here. They sent me here not be so arrogant that we think we KEEP GOING to balance the budget and scale back alone can solve this problem without (Mrs. SEASTRAND asked and was big Government. They sent me here to seeking the advice of the people we given permission to address the House save and strengthen Medicare. They represent. for 1 minute and to revise and extend sent me here to change the destructive My constituents realize that a 30- her remarks.) welfare system. And they sent me here year-old Government program needs to H 8604 CONGRESSIONAL RECORD — HOUSE September 7, 1995 be reformed and brought into the 21st b 1040 REPUBLICANS’ MEDICARE PLAN century. Politicians using scare tactics DOES NOT MAKE SENSE SUPPORT FOR U.N. CONVENTION and acting like demagogs won’t accom- ON THE ELIMINATION OF ALL (Mr. BROWN of Ohio asked and was plish anything. Let’s be responsible FORMS OF DISCRIMINATION given permission to address the House and confront the issue. And, solve it. AGAINST WOMEN [CEDAW] for 1 minute.) f (Ms. WOOLSEY asked and was given Mr. BROWN of Ohio. Last month, Mr. permission to address the House for 1 Speaker, I listened to Ohioans in the OPPOSITION TO THE DEFENSE 13th Congressional District in a town APPROPRIATIONS BILL minute and to revise and extend her re- marks.) meeting in Newton Falls, at county (Mr. SANDERS asked and was given Ms. WOOLSEY. Mr. Speaker, today fairs in Medina County, Portage Coun- permission to address the House for 1 women from around the globe are ty, at a supermarket in Sheffield Lake. minute and to revise and extend his re- meeting in Beijing. People could not believe the Repub- marks.) The U.N. Fourth World Conference on licans’ plan to cut $270 million in Medi- Mr. SANDERS. Mr. Speaker, I rise in Women, despite all of its problems, is care and at the same time turn around strong opposition to the Defense appro- turning out to be a testament to the and give tax breaks to the wealthiest priations bill, especially given the pri- will and determination of women who Americans of the same amount. I say orities currently being established in seek to create a better world for one- to my colleagues, if you make $300,000 Congress. half of the world’s population. Women a year, you save $20,000 a year of your Now that the cold war is over, why do today, in Beijing, are taking a stand taxes under the Republican plan, while, we continue to spend $100 billion a year for women. as a Medicare beneficiary, it will cost to defend Europe and Asia against a Today, in these Chambers, I am ask- you $1,000 a year. If you are paying nonexistent enemy, while at the same ing my colleagues in the House of Rep- right now as a Medicare beneficiary a time this Congress proposes major cut- resentatives to take a stand for premium of about $46 a month, under backs in Medicare and Medicaid? women. Today, I am introducing a res- the Republican plan you will pay some- olution to urge the Senate to ratify the Why are we continuing to fund the where in the vicinity of $110 a month. U.N. Convention on the Elimination of absurd star wars program, but make Mr. Speaker, that extra $60 or $70 All Forms of Discrimination Against disastrous cuts in student loans and may not sound like much per month to Women, also known as CEDAW. education, the future of America? a Member of Congress. But if my col- I hope that the next century will be leagues are making $10,000 or $12,000 a Why are we expanding the B–2 pro- the first century in the history of hu- year, and they are retired, on Social gram at over $1 billion a plane, when manity where women are not faced Security, paying that extra several the Pentagon has not even asked for with Government sanctioned discrimi- hundred dollars, $700 or $800 a year, for any more planes, but we are cutting nation. My resolution will be a step in medical care is an absolute back break- back on school nutrition programs and that direction. er, and it does not make sense, Mr. child care? I look forward to the Congress of the Speaker, to make Medicare bene- Why are we not cutting the CIA and United States approving my resolution. ficiaries pay a thousand dollars more a the other intelligence programs now f year, all so they can give tax breaks to that the Soviet Union does not exist, the wealthy. but instead are cutting back on Head WHY I SUPPORT THE B–2 Mr. Speaker, it does not make sense. Start? PROGRAM f f (Mr. ENSIGN asked and was given permission to address the House for 1 PERMISSION FOR SUNDRY COM- CONGRESS MUST BALANCE THE minute and to revise and extend his re- MITTEES AND THEIR SUB- BUDGET AND STRENGTHEN MED- marks.) COMMITTEES TO SIT TODAY Mr. ENSIGN. Mr. Speaker, I rise ICARE DURING THE 5-MINUTE RULE today in strong opposition to the B–2 (Mr. ALLARD asked and was given amendment. Like my colleagues I have Mr. BALLENGER. Mr. Speaker, I ask permission to address the House for 1 taken a hard look at the B–2 program. unanimous consent that the following minute and to revise and extend his re- In fact, I have gone out of my way to committees and their subcommittees marks.) find a reason to vote against the B–2. I be permitted to sit today while the Mr. ALLARD. Mr. Speaker, in the came to Washington to cut the deficit House is meeting in the Committee of next few weeks, after decades of fiscal and eliminate wasteful programs. I the Whole House under the 5-minute irresponsibility, Congress will at last voted against the space station because rule: the Committee on Banking and face up to its fundamental duty to bal- in my opinion the program did not Financial Services, the Committee on ance the Federal budget. Not since 1969 make sense in the current budget envi- Commerce, the Committee on Inter- have Federal expenses matched Federal ronment. national Relations, the Committee on revenues. Since then, we have compiled The same cannot be said for the B–2. the Judiciary, the Committee on Na- a national debt that bears down on our The truth is, that I have been unable to tional Security, the Committee on Re- economy like a lead weight, the new find a compelling reason to justify sources, the Committee on Science, the Republican Congress is owning up to halting this program at 20 planes. The Committee on Small Business, the its commitment to balance the budget B–2, with its unprecedented combina- Committee on Transportation and In- as a matter of moral obligation to fu- tion of stealth, range, and payload is frastructure, and the Committee on ture generations. precisely the kind of technologically Veterans’ Affairs. In addition, we are serious about sav- advanced weapon in which the Con- Mr. Speaker, it is my understanding ing the Medicare system. This is not a gress should invest. that the minority has been consulted partisan issue—the President’s own A single B–2 has the ability to com- and that there is no objection to these Cabinet Secretaries tell us the system plete a mission that would require requests. is going bankrupt. Republicans find many more conventional aircraft. This Mr. WISE. Reserving the right to ob- that unacceptable, Mr. Speaker, and in turn puts far fewer lives at risk. ject, Mr. Speaker, the gentleman is our plan will strengthen and preserve During the Gulf War the stealthy F–117 correct. The Democrat leadership has Medicare for the sake of America’s sen- flew only 2 percent of the missions but been consulted and has no objections to iors. hit 40 percent of the targets. The these requests. Years ago, Ronald Reagan asked, ‘‘If stealthy B–2 has a far greater capabil- Mr. Speaker, I withdraw my reserva- not us, who? If not now, when?’’ Mr. ity than the F–117. We must keep our tion of objection. Reagan’s questions still resonate technological edge as we move toward The SPEAKER pro tempore (Mr. today. For the sake of our children and the 21st century. The B–2 stealth bomb- HOBSON). Is there objection to the re- our parents, we will balance the budget er is the weapon that can meet future quest of the gentleman from North and strengthen Medicare. challenges. Carolina? September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8605 There was no objection. disagreeing votes of the two Houses on the Mr. Speaker, I thank the gentleman House amendments to the bill S. 4 be in- f from Pennsylvania [Mr. CLINGER], the structed to insist upon the inclusion of pro- chairman of the Committee on Govern- MOTION TO GO TO CONFERENCE visions within the scope of conference mak- ment Reform and Oversight, for yield- ON S. 4, THE SEPARATE ENROLL- ing the bill applicable to current and subse- quent fiscal year appropriation measures. ing me half of his time. I applaud the MENT AND LINE-ITEM VETO ACT chairman for the outstanding work OF 1995 The SPEAKER pro tempore. The gen- that he and his committee have done tleman from West Virginia [Mr. WISE] Mr. CLINGER. Mr. Speaker, pursuant to bring the line-item veto bill to this will be recognized for 30 minutes, and point, along with the gentleman from to clause 1 of rule XX, and by direction the gentleman from Pennsylvania [Mr. of the Committee on Government Re- Florida [Mr. GOSS] and other members CLINGER] will be recognized for 30 min- of the Committee on Rules who have form and Oversight and the Committee utes. on Rules, I offer a privileged motion worked so diligently and so long on The Chair recognizes the gentleman this very important issue. I agree with and ask for its immediate consider- from West Virginia [Mr. WISE]. Chairman CLINGER that the gentle- ation. Mr. WISE. Mr. Speaker, I yield my- The SPEAKER pro tempore. The man’s motion to instruct be accepted. self such time as I may consume. However, Mr. Speaker, it must not go Clerk will report the motion. Mr. Speaker, I offer this motion on The Clerk read as follows: unnoticed that we are at an historic behalf of the ranking member, the gen- moment right now, one which some of Mr. CLINGER moves that the House insist tlewoman from Illinois [Mrs. COLLINS], us have awaited for over 125 years. I re- on its amendment to the bill S. 4 and agree and the other Democrats on the com- to a conference with the Senate thereon. call 17 years ago when I came here with mittee. I would hope that it would be the gentleman from Pennsylvania [Mr. The SPEAKER pro tempore. The gen- noncontroversial. tleman from Pennsylvania [Mr. CLINGER] it was the first bill that I in- Mr. Speaker, my motion does one troduced in the Congress, and having CLINGER] is recognized for 1 hour. thing and one thing only. It instructs waited all these years, it is going to be Mr. CLINGER. Mr. Speaker, I yield the House conferees to insist upon an myself such time as I may consume. so gratifying to see this bill finally be- agreement giving the President line- come law. Mr. Speaker, on February 6 of this item veto authority over current fiscal year the House passed H.R. 2, to give It is going to mean something to an- year appropriations, not just appro- other person that I have such great re- the President the line-item veto. The priations that are enacted after the en- Senate followed suit in adopting S. 4, a spect for, and that is the man on whose actment of the line-item veto. In other birthday we passed this line-item veto separate enrollment version of item words, if my colleagues believe in the veto which was both considerably back on February 6. His name is Ron- line-item veto, that they want it to ald Wilson Reagan, one of the greatest weaker than the House language and apply as early as possible, that is the which posed substantial administrative Presidents this country has ever purpose of this motion to instruct. known, and, once this passes both bod- burdens. Mr. Speaker, I reserve the balance of The disparity between our ap- ies and is signed into law by the Presi- my time. dent, no one will be happier than that proaches was obvious, and so for the Mr. CLINGER. Mr. Speaker, I yield 15 past several months Representatives of former great President. minutes of my time to the gentleman Mr. Speaker, I reserve the balance of the House and Senate have been meet- from New York [Mr. SOLOMON], the my time. ing informally to sort out the dif- chairman of the Committee on Rules. Mr. WISE. Mr. Speaker, I ask unani- ferences between our bills. The meet- Mr. Speaker, pending that I would mous consent to allow the ranking ings have helped to identify areas for just indicate that, as chairman of the member, the gentlewoman from Illi- compromise and have focused attention Committee on Government Reform and nois [Mrs. COLLINS], to control the bal- on areas of remaining concern, such as Oversight, we are pleased to accept the ance of my time. the bills’ target tax benefit language motion offered by the minority to in- The SPEAKER pro tempore. Is there and en bloc voting provisions. struct. The motion simply urges con- objection to the request of the gen- Because of these informal and bipar- ferees to extend the full effect of the tleman from West Virginia? tisan discussions, it now appears that line-item veto to the President insofar There was no objection. agreement on the line-item veto is well as the scope of the conference will Mrs. COLLINS of Illinois. Mr. Speak- within reach. House and Senate leaders allow, and it is an eminently reason- er, I yield myself such time as I may have agreed that a formal conference is able suggestion which fulfills the spirit consume. now warranted, and we are prepared to of the line-item veto legislation. Mr. Speaker, my motion does one act. But to progress further and Mr. Speaker, I yield 2 minutes to the thing, and one thing only. It instructs achieve a final agreement, the House gentleman from Colorado [Mr. AL- the House conferees to insist upon an must agree to a conference. My motion LARD]. agreement giving the President line- will allow us to move forward through Mr. ALLARD. Mr. Speaker, I also item veto authority over current fiscal a conference to resolve our few remain- rise in support of the motion. year appropriations, not just appro- ing differences and send to the Presi- Mr. Speaker, the report from my con- priations that are enacted after the en- dent the bill he has been seeking—the stituents during the month of August actment of the line-item veto. strongest possible line-item veto. was very clear: Get on with the task of At the outset, I would like to take I urge the motion’s adoption. balancing the budget and downsizing this opportunity to thank my col- Mr. Speaker, I yield back the balance government. league, the chairman of the Committee of my time, and I move the previous One tool that is going to be critical on Government Reform and Oversight, question on the privileged motion. in the effort to reduce wasteful spend- for his support for my motion. Al- The previous question was ordered. ing is the line-item veto. I have long though we disagree over the need to The SPEAKER pro tempore. The supported a line-item veto for the give the President line-item veto au- question is on the motion offered by President and have repeatedly intro- thority at all, his willingness to give the gentleman from Pennsylvania [Mr. duced legislation to provide for this the President this authority over 1996 CLINGER]. provision. appropriations, if applicable, dem- The motion was agreed to. Both Houses have passed a line-item onstrates his fairness and his commit- MOTION TO INSTRUCT OFFERED BY MR. WISE veto and it is time to go to conference ment to the line-item veto as an in- Mr. WISE. Mr. Speaker, I offer a mo- and get this enacted into law. strument of fiscal policy. tion to instruct. I do not care whether the President In fact, the policy of the House- The SPEAKER pro tempore. The is a Republican or a Democrat, we passed bills is to cover current year ap- Clerk will report the motion. should give him a line-item veto, and propriations, and my motion simply The Clerk read as follows: we should do it now. ensures that this will continue to be Mr. WISE moves that the managers on the Mr. SOLOMON. Mr. Speaker, I yield the policy of the House. As a result of part of the House at the conference on the myself such time as I may consume. the passage of the amendment offered H 8606 CONGRESSIONAL RECORD — HOUSE September 7, 1995 by the gentleman from Wisconsin [Mr. the answer to the country’s spending that in working together with the Sen- OBEY], the President would have 10 problems that its proponents say it is, ate we can come up with a fine com- days after the bill’s date of enactment then this President should have it to promise. to line-item veto any unobligated funds deal with appropriations that may soon By the end of this fiscal year, the from previously enacted appropriations become law. Federal debt is estimated to be more for the current 1995 fiscal year. Once Congress cedes the line-item than $4.9 trillion. In fact, appropriately My motion simply updates the intent veto authority to a President, it is un- on Friday, October 13, of this year, the of this amendment by instructing the likely that it will every get it back. In Federal debt will reach the incredible conferees to make the line-item veto the future, there will always be Presi- level of $5 trillion. That means a child applicable to any current year appro- dents to whom the Congress may not born today is immediately saddled with priation, which may be fiscal year 1996 want to give the line-item veto author- an expense of more than $187,000 over by the time the line-item veto con- ity, but they will not have that choice. their lifetime just to pay the interest ference is concluded. To deny the President line-item veto on their debt. While it will not in and The Obey amendment, which was authority over fiscal year 1996 appro- of itself balance the budget, the line- adopted on February 3 of this year, re- priations is to admit that the line-item item veto will be an important tool the ceived support from both sides of the veto is a mistake. President can use as this country aisle. Today, I ask all proponents of this moves toward that goal in 2002. In accepting the amendment for the measure, to demonstrate again that By moving forward on the line-item majority, the distinguished chairman their purpose is serious, fiscal reform. veto today, we are poised to deliver a of the Committee on Government Re- Vote for my motion to instruct the long-overdue instrument of fiscal dis- form and Oversight and manager of conferees to insist that the bill con- cipline not only to the President, but this bill, said ‘‘it is an excellent addi- tinue to apply to current appropria- to the entire system of government tion to what we are trying to do here, tions, including, if applicable, those here in Washington. Because we have which is to get at those elements of 1996 appropriations measures that soon kept our promise to swiftly maneuver pork, wherever they may exist and will be enacted. the line-item veto through Congress, wherever they exist every year.’’ Mr. Speaker, I reserve the balance of the days are numbered for wasteful Some have suggested that after re- my time. projects rolled into omnibus spending ceiving publicity for passing the line- Mr. CLINGER. Mr. Speaker, I yield bills. item veto, some Republican proponents myself 30 seconds in order to recognize This is truly an historic day because of this legislation wanted to deny the enormous role that the chairman of common sense is finally coming to our President Clinton use of the line-item the Committee on Rules has played in National Capital. I want to commend veto against upcoming fiscal year ap- this whole effort. As he said, starting the gentleman from Pennsylvania [Mr. propriations which they have written. 17 years ago he has been in the fore- CLINGER] for his tremendous leadership Again, the debate from earlier this front of the effort to bring to fruition on this issue as well as the gentleman year makes it clear that this was not the line-item veto, and I commend him from New York [Mr. SOLOMON], the their stated intent at the time. for his commitment to this goal over gentleman from Florida [Mr. GOSS], During the floor debate, the distin- these many years. and many Members of this Congress on guished chairman of the Rules Com- Mr. Speaker, I yield such time as he both sides of the aisle who think this is mittee, and a manager of the bill, made may consume to the gentleman from a very, very important tool for the this very clear and forceful statement, Massachusetts [Mr. BLUTE], another President to have. and I quote: leader in this effort, who has done a su- b 1100 Well, here we are. We get a Democratic perb job and, hopefully, will be a mem- President, and here is Solomon up here fight- ber of the conference and bring this Mrs. COLLINS of Illinois. Mr. Speak- ing for the same line item veto for that thing home. er. I yield 5 minutes to the gentleman Democratic President. I think this is some- Mr. BLUTE. Mr. Speaker, I thank the from South Carolina [Mr. SPRATT]. thing that a chief executive in government, gentleman for yielding this time to me. (Mr. SPRATT asked and was given regardless of political party, should have, Mr. Speaker, today the House is tak- permission to revise and extend his re- just as 43 Governors of States have it. * * *. ing action to provide the President an marks.) The gentleman from New York went important tool necessary to reduce Mr. SPRATT. Mr. Speaker, I rise in on to say, ‘‘I guess I have enough con- Government spending. As we move to support of the motion to go to con- fidence in any President, regardless of go to conference on the line-item veto, ference and the motion offered by the political party, to use this new tool se- we take a major step toward eliminat- gentlewoman from Illinois [Mrs. COL- lectively and judiciously.’’ ing wasteful projects which are often LINS] to instruct conferees to H.R. 2, In his closing arguments, the Speak- buried in public laws without the bene- the line-item veto bill. I am pleased, er also went out of his way to make it fit of public scrutiny. frankly, that we are finally naming very clear that he had no interest in On February 6 this House passed H.R. conferees, although I am disappointed playing partisan politics with this 2 by the overwhelming and bipartisan that it has taken so long. I would like issue. This is what the Speaker said at vote of 294 to 134. The Senate unfortu- to give some credit to my colleague, that time: nately disregarded that version and the gentleman from Utah [Mr. ORTON], For those who think that this city has to went on to pass a somewhat cum- for prodding us to this point in the always break down into partisanship, you bersome line-item veto which would process. have a Republican majority giving to a split larger bills into hundreds of Mr. Speaker, 8 months ago, February Democratic President this year without any gimmicks an increased power over spending, pieces when they went to the Presi- 6, the House passed H.R. 2; the Senate which we think is an important step for dent’s desk. passed its version of the bill on March America, and therefore it is an important Separate enrollment, as the other 23. We did it with great fanfare. In fact, step on a bipartisan basis to do it for the body calls its version, would create the date that was chosen, February 6, President of the United States without re- many problems, not the least of which was not fortuitous; it is the birthday of gard to party or ideology. would be giving the President writer’s Ronald Reagan. My friend, the gen- The record is clear on both points. cramp from signing the thousands of tleman from New York [Mr. SOLOMON], There was every intention to give the bills Congress would be forced to send the distinguished chairman of the Com- President line-item veto authority over him. mittee on Rules, said this was one of current year appropriations, including The House, on the other hand, pro- the proudest days of his life. The Re- those passed prior to the enactment of duced a strong, workable bill which publican leadership took particular this bill, and not to deny the President preserves the balance of power between pride in the fact that they were willing this authority for partisan political the legislative and executive branches to give a Democratic President this reasons. while providing the President with substantial accession of power. Mr. Speaker, I personally do not sup- more flexibility by allowing a reduc- The Speaker himself said during the port the line-item veto bill, but if it is tion of spending items. I am confident debate: September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8607 For those who think that this city always As a result of the delay in passing (Mr. GOSS asked and was given per- has to break down into partisanship, you H.R. 2, the item veto bill, it could be mission to revise and extend his re- have a Republican majority giving to a interpreted to exclude fiscal year 1996 marks.) Democratic President this year without any spending measures from its coverage. gimmicks an increased power over spending. Mr. GOSS. Mr. Speaker, I rise obvi- It was never the intent of the House, I ously in very strong support of the The distinguished chairman of the do not believe when we passed the bill, House-passed version of the line-item Committee on Rules, the gentleman to exclude fiscal year 1996 spending veto. I would point out that taking this from New York [Mr. SOLOMON], said: bills. In fact, when H.R. 2 was consid- up today as we start out the fall ses- A few years ago when we started pushing ered by the House, we passed the Obey sion is a promise kept. We said we for this legislative line-item veto, there were amendment. The Obey amendment would do it, we are doing it. I certainly a few doubting Democrats who said, ‘‘Solo- gave the President the authority to commend the gentlewoman from Illi- mon, it is easy for you to support the line- veto items in fiscal year 1995 appropria- item veto when your party controls the nois [Mrs. COLLINS] and the gentleman White House, but we bet you will not be so tion bills within 10 days after passage from West Virginia [Mr. WISE] for car- gung ho when we have a Democratic Presi- of H.R. 2, even if H.R. 2 was enacted. rying her motion to resolution which dent.’’ So I do not think that the Collins we agree with, as we have said, to in- Well, here we are. We get a Demo- amendment should be controversial. If struct conferees. I think it is a useful cratic President, and here is the gen- we are true to our intent here, true to addition. tleman from New York [Mr. SOLOMON] our purpose, we will make this part of I would point out that by a vote of up here fighting for the same line-item the instruction, and I hope it will come 294 to 134 in early February, this House veto for that Democratic President. back, the conference report itself, will acted, I think, very decisively to grant So in view of all of the fanfare, what come back with the Collins provisions line-item veto authority to the Presi- has been the fate of this bill? Almost incorporated. dent. We really are committed to es- 150 days after the House and Senate Mr. SOLOMON. Mr. Speaker, I yield tablishing this tool to root out unnec- have passed it in different versions, and myself such time as I may consume to essary or wasteful spending where we significantly different versions, that is briefly thank both my former office can identify it, and we can, and unfair part of the problem, we are finally get- neighbor, the gentlewoman from Illi- tax breaks as well, where we can iden- ting around to appointing conferees. nois [Mrs. COLLINS], who is also a Chi- tify them. Our colleagues in the other What happened to the gung ho enthu- cago Bears fan along with me, and it body obviously have come up with a siasm, to the bipartisan spirit? One has looks like they were going to be com- markedly different approach to the to wonder whether the Republican ing back strong this year, and the gen- line-item veto, as we all know, their leadership is no longer so sure that it tleman from South Carolina [Mr. so-called separate enrollment process, wants to give these broad powers to a SPRATT] for quoting my previous re- and I frankly think that is a very cum- Democratic President. One has to won- marks. Yes, I did back in 1979 support bersome and complex process, and I do der whether they are concerned, afraid the line-item veto for a President not think it can be effective, but we that this might give the President too called Jimmy Carter, and I supported will discuss that in conference. We are much leverage during the upcoming it later on for a President called Ron- going to have our work cut out for us budget battle. Whatever the reasons ald Wilson Reagan, and I supported it over there. may be, I hope we can finally go back later on for a President called George Preliminary discussions, however, to that bipartisan spirit, that enthu- Bush, and I still support it for a Presi- make me a little optimistic that we siasm that was expressed on February dent called Bill Clinton, because it is are going to be able to make some 6. the right thing to do. progress. I think we are beginning to Mr. Speaker, I still have constitu- Mr. Speaker, I would just say to the see some wisdom from people on the tional questions about this bill. As the gentleman, that he wants us to get other side in understanding our posi- gentleman from New York [Mr. SOLO- back on a bipartisan basis. We are tion on this and why we think it is MON] knows, every time we brought it doing that right here, because we are going to work better. up, I have been out here with an alter- supporting the motion to instruct of- I commend particularly the gen- native that I think is a more workable fered by the gentlewoman from Illinois tleman from Pennsylvania [Mr. alternative that would clearly pass [Mrs. COLLINS]. We want to make this CLINGER], the gentleman from Massa- constitutional review. However, I fi- bipartisan. I intend, as one of the con- chusetts [Mr. BLUTE], as well as the nally came around to voting for this, ferees, to make sure that we are going gentleman from New York [Mr. SOLO- because I think it will help restore to lean toward the House-passed bill, MON], the chairman of the Committee credibility in the congressional spend- because much of what the gentleman on Rules, for their efforts of really ing process if we give the President from South Carolina said is true: There keeping this on the front burner as we some additional power to cull out are constitutional problems with the have gone along, even at a time, frank- wasteful spending and to send it back Senate version. Plus, from a practical ly, when some thought the differences here for final review. point of view, it is just totally unwork- between the House and the other body Mr. Speaker, the question I am rais- able, if we are going to have a real were going to be too great to overcome. ing today is whether we are going to meaningful line-item veto that a Presi- We are back at it, and I think that is match our rhetoric with action today, dent can use effectively. right where we should be. and I hope the conferees will not just So I look forward to working with Mr. Speaker, this motion to instruct take their appointment, but move those Members, the gentleman from conferees reflects a spirit of bipartisan quickly to resolve differences between Pennsylvania [Mr. CLINGER], the gen- cooperation, as the gentleman from the House and Senate bill. I think we tleman from Massachusetts [Mr. New York [Mr. SOLOMON] has just reit- have to move to the House bill. I think BLUTE], the gentleman from Florida erated, by urging the conference to the Senate has come up with an un- [Mr. GOSS], and others who will be con- move expeditiously so that the line- workable proposal as well as an uncon- ferees to make sure that we get a item veto can begin to work as soon as stitutional proposal. meaningful line-item veto finally, once possible on appropriations measures. Let me take just one final moment to and for all. This language restates our commit- urge support for the motion of the gen- Mr. Speaker, having said that, I yield ment to implementing the line-item tlewoman from Illinois [Mrs. COLLINS] such time as he may consume to the veto expeditiously, as we have prom- and to commend the gentlewoman for gentleman from Florida [Mr. GOSS], an- ised we would do. bringing forward this particular mo- other leader on this issue and one of I was down in the district as we all tion. This should not be controversial. the most fiscally responsible Members were on this recent break, and I can All they do is make clear that H.R. 2 of this body, a member of the Commit- count on two questions coming up any applies to fiscal year 1996 spending tee on Rules, who has led the fight for time I get a gathering of more than bills, even if these bills become law be- fiscal responsibility since the day he two or three people in my district. One fore H.R. 2 is finally enacted. set foot on this floor. of those questions is where is the line- H 8608 CONGRESSIONAL RECORD — HOUSE September 7, 1995 item veto, the other question by them form and Oversight, the chairman, for that leadership will accept this motion. I ap- is what about the notch. his assistance in this matter and for plaud this constructive move, and again, sup- Mr. Speaker, let us today support the spirit of cooperation that he has al- port the action we are taking today to begin this motion and get on with our work ways dealt with the minority on this the conference process on line-item veto. in conference. particular matter. He has done so re- Finally, I would like to acknowledge that Mrs. COLLINS of Illinois. Mr. Speak- peatedly, and he has always been there finding an agreement between the House and er, I yield 1 minute to the gentleman to discuss these very important issues Senate will not be an easy chore. While there from California [Mr. LEWIS]. with us. is a clear majority in both the House and Sen- Mr. LEWIS of California. Mr. Speak- I want to also thank the chairman of ate in favor of some form of line-item veto or er, I appreciate my colleague yielding, the Committee on Rules who, I am glad enhanced rescission, there are honest dis- and I rise frankly just to suggest to my to say, is still a very avid fan of the agreements over the best form of such legisla- colleagues a word of caution that I Chicago Bears and, along with him, I tion. raised with my friend, the gentleman too hope that we are successful this However, I have never understood why the from New York [Mr. SOLOMON], 17 years term. potential difficulty of reaching agreement ago when we were freshmen, about this Mr. Speaker, I have no further re- should prevent us from even trying. That is matter. I agree very strongly with quests for time, and I yield back the why I have pushed so hard to begin the proc- those who are concerned about our def- balance of my time. ess. It is my hope that we can move expedi- icit and the importance of moving to- Mr. CLINGER. Mr. Speaker, I yield tiously to reach an agreement and send a line- ward a balanced budget. myself such time as I may consume. item veto bill to the President for his signature Having said that, I feel very strongly Mr. Speaker, I want to thank the into law. about local government and State run- gentlewoman from Illinois, the ranking However, the appointment of conferees and ning a lot more than the Federal Gov- member. We may not always agree, but the motion to instruct still provide no assur- ernment, but there are reasons to have we are always very civil and she has al- ance that line-item veto will apply to 1996 a Federal Government, including our ways been very cooperative in accom- spending bills. Therefore, I reiterate my call to national defense. From time to time in plishing what needs to be accom- apply line-item veto provisions to each spend- the history of this country we have plished. ing bill that we send to the President this tended to be penny-wise and pound- Mr. Speaker, I would just point out yearÐand to urge that we make every effort foolish in that area. As peace looms on again that this measure did have broad to make sure that every dollar of discretionary the horizon, many an administration bipartisan support when it came before spending is subject to the fiscal scrutiny of becomes very cautious about spending the House in February. I am pleased Presidential authority to veto individual items money in this area. I would rue the day that we come out of this motion today of pork barrel or unnecessary spending. If we that a President, for example, chose to again united, with bipartisan support, can do so, we can help restore taxpayer faith use the line-item veto to strike the B– in moving forward and trying to ad- that their tax dollars are spent wisely. 2, for example, so critical to our future dress the issues with the other body. Mr. CLINGER. Mr. Speaker, I yield ability to project peace in the world. Mr. ORTON. Mr. Speaker, I rise in strong back the balance of my time. So a word of caution, my friends, as we support of the motion to instruct conferees, Mrs. COLLINS of Illinois. Mr. Speak- move forward with the streamroller which seeks to apply line-item veto legislation er, I move the previous question on the that seems to be heading toward either to all fiscal year 1996 spending bills. motion to instruct. a direct line or a cliff. I am pleased to see House leadership ap- The previous question was ordered. Mrs. COLLINS of Illinois. Mr. Speak- point conferees today for H.R. 2, the line-item The SPEAKER pro tempore (Mr. er, I yield 1 minute to the gentleman veto legislation. This move is long overdue. HOBSON). The question is on the motion from Wisconsin [Mr. BARRETT]. On February 6, the House approved H.R. 2, to instruct offered by the gentleman Mr. BARRETT of Wisconsin. Mr. the line-item veto bill, by the overwhelming from West Virginia [Mr. WISE]. Speaker, I rise in support of the mo- majority of 294 to 134. Line-item veto was a The motion was agreed to. tion, and I compliment the gentle- key component of the Contract With America. The SPEAKER pro tempore. Without woman from Illinois for putting forth The Senate passed a line-item veto bill in objection, the Chair appoints the fol- this motion. March. However, it is almost 6 months later, lowing conferees: Messrs. CLINGER, Mr. Speaker, I think it is time that and we are finally getting around to appointing SOLOMON, BUNNING, DREIER, BLUTE, and this body get on with the work that the conferees. Mrs. COLLINS of Illinois and Mr. SABO American people want us to do, and As a strong supporter of line-item veto, I be- and Mr. BEILENSON. that is to accomplish the line-item came increasingly distressed this summer to There was no objection. veto legislation. When this legislation hear statements from leadership that line-item f was first introduced in January, and it veto was dead for the year. In an effort to in- is a piece of legislation that I have sup- crease pressure to revive this bill this year, I GENERAL LEAVE ported both in this Congress and in the attempted to offer an amendment to each of Mr. YOUNG of Florida. Mr. Speaker, last Congress, I cautioned my constitu- the five remaining appropriations bills to apply I ask unanimous consent that all Mem- ents, saying that I feared what we the provisions of H.R. 2 to those individual ap- bers may have 5 legislative days in would see is we would see quick action propriations bills. My concern was that even if which to revise and extend their re- in the House, perhaps separate action we passed line-item veto this year, a delayed marks on the bill, H.R. 2126, making by the Senate, and then there would be agreement would mean that over $500 billion appropriations for the Department of serious delay in getting the two bodies in fiscal year 1996 spending would not be sub- Defense for the fiscal year ending Sep- together, and unfortunately that is ject to line-item veto. tember 30, 1996, and for other purposes, clearly what has happened up to this When I was denied the opportunity to offer and that I may be permitted to include point. this amendment, I then introduced a House tabular and extraneous material. But now it is time for us to get to resolution on the last day before recess calling The SPEAKER pro tempore. Is there work. Let us do the work that the on House leadership to appoint conferees. objection to the request of the gen- American people want us to do, let us This resolution was cosponsored by 66 Mem- tleman from Florida? sit down as conferees, get the dif- bers of the House. My resolution also stated There was no objection. ferences between the two houses ironed the sense of the House that we should not f out and give the President the author- send appropriations conference reports to the ity to get rid of pork barrel spending President unless we took steps to apply line- PROCEDURE FOR CONSIDERATION and special interest tax breaks. item veto to such conference reports. OF CERTAIN AMENDMENTS DUR- Mrs. COLLINS of Illinois. Mr. Speak- The motion to instruct conferees goes to the ING FURTHER CONSIDERATION er, I yield myself such time as I may heart of this issue. The motion instructs con- OF H.R. 2126, DEPARTMENT OF consume. ferees to insist that line-item veto be applica- DEFENSE APPROPRIATIONS ACT, Mr. Speaker, I want to take just this ble to any current or subsequent fiscal year 1996 moment to thank the ranking member appropriations billsÐwhich would include all Mr. YOUNG of Florida. Mr. Speaker, of the Committee on Government Re- 1996 spending bills. It is my understanding I ask unanimous consent that further September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8609 consideration of the bill H.R. 2126 in The CHAIRMAN. When the Commit- ognized for 10 minutes, the gentleman the Committee of the Whole pursuant tee of the Whole rose on Monday, July from Washington [Mr. DICKS] will be to House Resolution 205 shall also be 31, 1995, the amendment offered by the recognized for 15 minutes, and the gen- governed by the following order: gentlewoman from Oregon [Ms. FURSE] tleman from Florida [Mr. YOUNG] will Before consideration of any other had been disposed of and title III was be recognized for 15 minutes. amendment it shall be in order to con- open for amendment at any point. The Chair recognizes the gentleman sider the following amendments—iden- Pursuant to the order of the House of from Ohio [Mr. KASICH]. tified by their designation in the CON- today, further consideration of the bill Mr. KASICH. Mr. Chairman, I yield GRESSIONAL RECORD pursuant to clause for amendment in Committee of the myself 4 minutes. 6 of rule XXIII—each of which may be Whole may not exceed 5 hours, exclu- Well, we have been through this so considered only in the order specified, sive of time consumed by recorded many times now, it is kind of hard to may be offered only by the Member—or votes and proceedings incidental there- bring additional facts to the table, but one of the Members—specified, may to. it seems as though every day we turn amend portions of the bill not yet read Before consideration of any other around in regard to the B–2 bomber for amendment, may amend portions of amendment it shall be in order to con- there is another interesting develop- the bill previously amended, shall be sider the following amendments—iden- ment. considered as read, shall be debatable tified by their designation in the CON- In this morning’s Wall Street Jour- as specified, shall not be subject to GRESSIONAL RECORD pursuant to clause nal, the head of the Air Force procure- amendment except as specified, shall 6 of rule XXIII—each of which may be ment program, the Air Force general in not be subject to a demand for division considered only in the order specified, charge of the procurement programs of the question in the House or in the may be offered only by the Member—or for the Air Force, so Members of Con- Committee of the Whole, and shall not one of the Members—specified, may gress, if you are concerned about the otherwise be in order during further amend portions of the bill not yet read C–17, if you are concerned about any of consideration of the bill for amend- for amendment, may amend portions of the acquisition programs of the Air ment: One of the amendments num- the bill previously amended, shall be Force, General Muellner, said despite bered 10, 11, 18, 34, or 56, by Representa- considered as read, shall be debatable the wishes of many in Congress, quote, tive KASICH or Representative OBEY, to as specified, shall not be subject to the Air Force cannot afford to buy be debatable for 60 minutes, with 10 amendment except as specified, shall more than 20 B–2 stealth bombers. The minutes controlled by Representative not be subject to a demand for division bottom line is the budget will not sup- KASICH, 10 minutes controlled by Rep- of the question in the House or in the port it, he said. I really believe that. resentative DELLUMS, 10 minutes con- Committee of the Whole, and shall not I mean when we have no one in the trolled by Representative OBEY, 15 otherwise be in order during further Pentagon that wants this airplane, minutes controlled by Representative consideration of the bill for amend- when we have the General Accounting DICKS, and 15 minutes controlled by ment: One of the amendments num- Office talking about the performance Representative YOUNG of Florida; one bered 10, 11, 18, 34, or 56, by Representa- problems and performance issues asso- or more of the amendments numbered tive KASICH or Representative OBEY, to ciated with the aircraft, when the cost 37, 58, 59, or 61, by Representative be debatable for 60 minutes, with 10 of the airplane is not affordable, and I OBEY, to be debatable in the aggregate minutes controlled by Representative ask Members how they can go home for not more than 20 minutes equally KASICH, 10 minutes controlled by Rep- and defend the billion dollar airplane divided and controlled by the pro- resentative DELLUMS, 10 minutes con- while at the same time we are trying ponent and an opponent; and one of the trolled by Representative OBEY, 15 to squeeze savings out of this Federal amendments numbered 3 or 15, by Rep- minutes controlled by Representative budget, and at a time when the mission resentative DORNAN, together with the DICKS, and 15 minutes controlled by of this airplane, which was to invade amendment numbered 48 as a sub- Representative YOUNG of Florida; one the Soviet Union in the middle of the stitute therefor, by Representative or more of the amendments numbered nuclear war is over, how the heck can DELAURO, to be jointly debatable for 30 37, 58, 59, or 61, by Representative we go forward and tell the Pentagon to minutes equally divided and controlled OBEY, to be debatable in the aggregate buy more? by Representatives DORNAN and for not more than 20 minutes equally I will say to my Republican col- DELAURO. divided and controlled by the pro- leagues one of the criticisms that ponent and an opponent; and one of the many I have encountered over the b 1115 amendments numbered 3 or 15, by Rep- break is how is it that we want to The SPEAKER pro tempore (Mr. resentative DORNAN, together with the squeeze down funding for certain pro- HOBSON). Is there objection to the re- amendment numbered 48 as a sub- grams but yet we want the Pentagon to quest of the gentleman from Florida? stitute therefor, by Representative spend $7 billion more than what they There was no objection. DELAURO, to be jointly debatable for 30 have asked for. Now, some people say f minutes equally divided and controlled that generals do not tell the truth any by the Representatives DORNAN and more, that they are all political. Well, DEPARTMENT OF DEFENSE DELAURO. it is interesting, in the last administra- APPROPRIATIONS ACT, 1996 Are there any amendments to title tion the generals’ words were good. The SPEAKER pro tempore. Pursu- III? Now the generals are all political. ant to House Resolution 205 and rule AMENDMENT OFFERED BY MR. KASICH Mr. Chairman, I would submit to XXIII, the Chair declares the House in Mr. KASICH. Mr. Chairman, I offer Members that as one who has ques- the Committee of the Whole House on an amendment. tioned aggressively the brass in the the State of the Union for the further The CHAIRMAN. The Clerk will des- Pentagon and the civilians in the Pen- consideration of the bill, H.R. 2126. ignate the amendment. tagon, I have never yet seen the Penta- The text of the amendment is as fol- gon come to Capitol Hill and ask for b 1116 lows: less spending. It blows my mind that IN THE COMMITTEE OF THE WHOLE Amendment offered by Mr. KASICH: Page the Pentagon could come and ask for Accordingly the House resolved itself 23, line 17, strike ‘‘$7,162,603,000’’ and insert less spending and we keep telling them into the Committee of the Whole House ‘‘$6,669,603,000’’. we know better. on the State of the Union for the fur- The CHAIRMAN. Pursuant to the When the general in charge of acqui- ther consideration of the bill (H.R. unanimous-consent agreement pre- sition for all the major weapon systems 2126) making appropriations for the De- viously agreed to, the gentleman from for the Air Force says we do not want partment of Defense for the fiscal year Ohio [Mr. KASICH] will be recognized the plane, we cannot afford the plane, ending September 30, 1996, and for for 10 minutes, the gentleman from folks, it is time to come to the floor other purposes, with Mr. SENSEN- California [Mr. DELLUMS] will be recog- and make a big chop out of the stack of BRENNER in the chair. nized for 10 minutes, the gentleman wood labeled corporate welfare and The Clerk read the title of the bill. from Wisconsin [Mr. OBEY] will be rec- adopt this amendment and abide by the H 8610 CONGRESSIONAL RECORD — HOUSE September 7, 1995 agreement we made several years ago told that because some former Sec- the heart of my concern. I strongly op- to limit this plane at 20. retaries of Defense would like us to buy pose this effort. The advent of stealth The issue that if you have the B–2 some of these toys, that we ought to do has revolutionized the way we think you will not need these other planes to it. I would suggest the right people to about air warfare, an important facet carry out the mission is an argument ask are not former Secretaries of De- of our Nation’s defense. The B–2 is far that is also beyond my understanding fense but the former Directors of the and away the most advanced weapon for this reason. No one is suggesting we Office of Management and Budget, be- system this world has ever seen. The retire the F–15’s or the F–16’s. No one is cause I will bet you, if you ask any of value of this new stealth capability suggesting that that whole list of air- them, they will tell you that we simply was evident in the gulf war with the F– craft that are supposed to be used will cannot afford this plane, either mili- 117. The F–117 production line is al- not be used or be retired. In fact, there tarily or fiscally. ready closed. The B–2 bomber takes are additional costs associated with Now, we can get into all of the dis- this technology one major step further. the B–2, including the cost of forward cussions we want about whether or not The B–2 can fly six times farther funding, protecting the planes, addi- this money would be better spent on than the F–117, carry eight times more tional tankers. the domestic side of the ledger than precision payload, and destroys targets Mr. Chairman, the simple fact of the the defense side of the ledger. Let us with greater accuracy than any other matter is, in a nutshell, and it is kind say it is not going to be. I would sub- aircraft that the world has ever seen. of hard to lay much more out there, if mit that we still have to face the fact, For example, a force with 30 B–2’s load- the guys in the Pentagon, if the guys in and this Congress must face the fact, ed with modern weapons could have en- the field who are running the military that we cannot afford to buy the items gaged as many targets on the first day of the United States do not want this that we are already promising to buy of the Persian Gulf war as the 1,263 air- plane, if the Pentagon does not want it, in the Pentagon budget. We cannot af- craft that were used. This is an amaz- if the mission has evaporated, if we are ford to buy the items that we are list- ing fact. The B–2 will save lives as well in tough budget times, now is the time ing in the Pentagon budget unless we as money. It will conserve resources in to live up to the deal and limit the ac- eliminate the additional purchases of the long run and will create a capabil- quisition to 20. Support the Kasich-Del- the B–2 plus one other major weapon ity that the U.S. military forces alone lums-Obey amendment. system at least. will have, and that we desperately will Mr. Chairman, while in the near Mr. DICKS. Mr. Chairman, I yield need. myself 1 minute. years, the congressional Republican budget would be higher than the Presi- This body has always followed the philoso- I want to speak against the amend- phy that U.S. soldiers, sailors, and airmen ment. On January 4, 1995, seven former dent’s budget on defense, after 7 years this budget is lower than the Presi- must be sent in harm's way fully prepared and Secretaries of Defense, Mel Laird, Jim equipped for victory. Now is not the time to re- Schlesinger, Donald Rumsfeld, Harold dent’s budget, and we simply do not have the room in the defense budget to verse that philosophy. The citizens of our Na- Brown, Caspar Weinberger, Frank Car- tion will not stand for more Scott O'Gradys. lucci, and Dick Cheney wrote the buy every little item we would like to buy. As we continue to close bases around the President of the United States a letter world, we need the power projection which the and said in their experience that stop- b 1130 B±2 gives us. The B±2 can be almost any- ping the B–2 at 20 was a serious mis- I just want to put this in context for where in the world in 12 hours. take in judgment. those who think we can afford this. We Several opponents have cited a severely I think those seven former Secretar- have some tough choices we have to flawed GAO study, stating that the B±2 can't ies of Defense, six of which were Repub- make. The cost of one of these bombers operate in a rainstorm or is not as stealthy as licans, and Harold Brown, who was the would pay for the cost of tuition for reported. I was pleased to see Secretary man who started this program, should every single student at the University Kaminski strongly refute each point in that be given serious consideration by this of Wisconsin for the next 11 years. That study. We heard that the draft was not even Congress. This line is open now. If we is all. The cost of these bombers, which reviewed by the GAO's chief scientist before it could procure the planes now, we can is highly disputable to begin with, be- was leaked to the press. save the taxpayers a considerable cause we have three different estimates Secretary Kaminski stated in his rebuttal: amount of money. of what they are likely to cost, but no Mr. Chairman, this is the most im- The radar is performing in rain as expected matter how we slice it, we cannot af- during this stage of its development. There portant defense issue that we are going ford the cost when measured against is no indication that the radar’s performance to consider in this decade. The F–117 domestic priorities, we cannot afford while flying through rain will not fully meet stealth attack aircraft worked effec- the cost when measured against other requirements. tively in the gulf. It showed that we military priorities, and we ought to Testing to date has not identified any could operate autonomously without pass this amendment and turn down areas that will prevent the B–2 from meeting support aircraft. The B–2 is a bigger this ridiculous spending today. its operational stealth requirements. and better version of that aircraft. Mr. YOUNG of Florida. Mr. Chair- The detectability and survivability testing Mr. OBEY. Mr. Chairman, I yield my- completed to date has been entirely success- man, I yield 2 minutes to the distin- ful in confirming expected B-2 performance. self 3 minutes and 30 seconds. guished gentleman from California Members, I find this whole debate ab- [Mr. LEWIS], a member of the Commit- Even General Horner who was in charge of solutely mind boggling. For the last tee on Appropriations. air operations during the Persian Gulf war month, the Congress has passed appro- Mr. LEWIS of California. Mr. Chair- states that the ``delivered B±2 aircraft have priation bill after appropriation bill man, I thank the gentleman for yield- demonstrated, without qualification, that the and we have cut education, we have cut ing me this time. B±2 is a superb weapon systemÐperforming student loans, we have cut low-income Mr. Chairman, I first want to express even better than expected.'' heating assistance programs for pov- my deep appreciation to my colleagues As a member of the Intelligence Committee erty-ridden senior citizens, we have cut who have worked so hard on this mat- and the Appropriations Subcommittee that science budgets, we have cut virally ev- ter, a very critical issue to America’s handles Defense, I could never in good con- erything you can think of on the do- future ability to not just defend itself, science vote to close the only bomber produc- mestic side of the ledger, and yet some but to represent freedom and peace in tion line in this country, especially one as ad- of the same people who enthusiasti- the free world. I especially want to vanced as the B±2. cally embraced those cuts are now say- stress my appreciation to my col- Proponents of this amendment state that we ing, oh, but we have to have more league, the gentleman from California can't afford to keep the only bomber produc- spending on this turkey of a B–2 bomb- [BUCK MCKEON] who has taken the lead tion line in this Nation open. Let me assure er. on this work from our perspective, and you, for our sons and daughters, our grand- We are now being asked to spend has done a fantastic job of finding out children and great-grandchildren, for pilots like money to buy more B–2’s than the Pen- where the votes really are. Scott O'Grady, we can't afford not to. Vote tagon itself is asking for, more than The issue before us will close the B– ``no'' on the Obey-Dellums-Kasich amend- the President is asking for, and we are 2 line forever, Mr. Chairman. That is ment. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8611 Mr. KASICH. Mr. Speaker, I yield 2 Mr. Chairman, I oppose this amend- We have to be prepared to deal with minutes to the gentleman from Iowa ment. Today’s debate will shape the fu- them.’’ OK. Let us take a look at the [Mr. GANSKE]. ture not only of our United States Air potential enemies list. If we take a Mr. GANSKE. Mr. Chairman, let us Force, but of our national defense. It is look at what the United States spends look at the cold hard facts. a debate affecting American air doc- as a portion of the world’s military The budget resolution conference re- trine and a debate about our ability to budget, and then if we take a look at port contains significantly less money meet the basic requirements of our na- what all of the rogue states spend— for defense than the House Defense au- tional military strategy. Additional B– down here on the chart—excluding for thorization bill that was passed earlier. 2’s are important for modernizing our the moment China and Russia, we have The House appropriations ceiling for aging fleet, and it is aging; maintain- the lion’s share of military expendi- defense has since been adjusted accord- ing our technological edge, for which tures in comparison to that tiny little ingly. The result is that the B–2 is now America has always been in the fore- sliver for the rogue states, and if we even less affordable. front; and maintaining within the Air add into it every dime being spent by Simply put, the enormous outyear Force an ability to project force China or by Russia, it demonstrates ‘‘tail’’ of the B–2 was not budgeted to against an enemy from a great dis- that the United States still has over- begin with, and now there is even less tance. whelming superiority, not just in mili- money than was believed available at Our Nation’s strategic position is tary quality but in military budgets. the time of the B–2 authorization vote. unique. The national military strategy These two charts would show the The fiscal arguments against the B–2 requires our Armed Forces to prepare United States dominance in terms of are now stronger than ever. for nearly two simultaneous major re- military spending and would show a The results of the heavy bomber in- gional contingencies, and we should clear and substantial excess of United dustrial capabilities study have been keep in mind that we came within a States defense spending over Russian released. It contradicts assertions that gnat’s eyelash, a gnat’s eyelash, of con- spending. To argue that that dem- new B–2’s are needed to keep a bomber flict three times last year: in Haiti, in onstrates that we are not providing industrial base alive. The study states North Korea, and again with Saddam military deterrence is patently laugh- that, first, there is no distinct bomber Hussein. able. If we want to argue the specifics industry and that bomber production Mr. Chairman, an effective long of the B–2, go ahead, but do not for 1 efficiently shifts between prime con- range bomber force is essential to meet minute suggest that the United States tractors over the years, and second, a the requirements of our strategy. We security is threatened by not buying restart of the production line, if nec- must continue this line. Over the past that flying turkey. The only thing that essary, would not be costly nor present 70 years, air power has lifted from our is threatened are the corporate budgets any technical difficulty. soldiers and sailors the burden of main- of the people who build that plane. Finally, the General Accounting Of- taining peace, alone; this is an addi- Mr. YOUNG of Florida. Mr. Chair- fice has completed a report on the cur- tional weapons system of deterrence. man, I yield 2 minutes to the distin- rent status of the B–2 cost, develop- The gulf war ushered in a new chap- guished gentleman from Texas, Mr. ter of air power. As the deep strike ment, and production efforts which is SAM JOHNSON. highly critical of the program. mission complemented our air forces at Mr. SAM JOHNSON of Texas. Mr. The report states the aircraft has not sea and on the ground, a new level of Chairman, it is not a question of really passed most of its basic tests, is not as performance was reached. In the first dollars; it is do we want to defend this ‘‘stealthy’’ as advertised, and its new, 48 hours of Desert Storm, American air country or do we not? The question is, next-generation terrain following/ter- power crippled Iraqi air defense, do we want an aircraft that is capable, rain avoidance radar cannot distin- wrecked major command centers, de- or do we not? The B–52, which they say guish the difference between a rain stroyed military communications, pre- can be extended way out there, cannot vented Saddam Hussein from broad- cloud and a mountain. Furthermore, be. That airplane helped get me out of casting by radio or television. This was the GAO warns of persistent technical Vietnam when I came within 2,500 feet done by the stealth technology. What and production problems that will di- of us, scared the Vietnamese to death, this B–2 does is add stealth technology rectly translate into cost growth. In- and ended the war. However, they are to long-range capability. It is a nec- deed, B–2 proponents found it necessary old. essary step for our country. I got a chance to fly one at Seymour to write into the Defense authorization The CHAIRMAN. The Chair notes Johnson in Goldsboro, NC, when I came bill a repeal of the cost cap—a cap of that the gentleman from Florida [Mr. $44.4 billion on the original 20 aircraft. back from the very outfit that had YOUNG], as manager of the bill, has the bombed Hanoi, and I will tell the Mem- The case against additional procure- right to close on this amendment. ment is clear. Support sound fiscal pol- Mr. OBEY. Mr. Chairman, I yield my- bers, when I flew that airplane it icy. Support sound defense spending. self 3 minutes. scared me to death, because I looked at Support the Kasich amendment. Mr. Chairman, I note the applause for it and the skin is all wrinkled, the air- Mr. DICKS. Mr. Chairman, I yield 3 the last speaker, and I certainly share plane is old. They are hard to main- minutes to my classmate and good the House’s affection for him, but let tain. You did not know if they are hard friend, the distinguished gentleman us stop the hyperbole and look at the to maintain. You did not know if they from Missouri, Mr. IKE SKELTON, one of realities. We are told by the last speak- were going to fly. Just recently, this the truly outstanding defense experts er that if we do not fund the B–2 that picture illustrates what happened to in the House of Representatives. we are not interested in deterrence. one of our B–52’s. Members may have Mr. SKELTON. Mr. Chairman, I What a line of baloney. What a line of read about it in the paper. Two of the speak today to keep this House of Rep- baloney. engines fell off of the thing. That is resentatives from making a mistake. This chart demonstrates what has how old they are. Not only that, but This House made a mistake in the past. happened to Russian military budgets, they damaged the wing, which we can In 1939 it sent a message when it failed in red, since 1989 versus what has hap- see there on the left, and damaged one to spend those dollars necessary to up- pened to the United States defense of the other engines. They could not grade the harbor at Guam, telling the budget. As we can see in the blue, the even jettison their fuel, which newer Japanese Empire that we would not de- United States budget has dropped in aircraft can. They could not land im- fend the Pacific. minor ways. The former Soviet Union mediately. They had to fly around If we turn down additional B–2’s and budget has dropped precipitously. The until they got some of their fuel out in adopt this amendment, we will be send- Russian military budget has been cut a bad airplane. ing a message that deterrence does not by some 70 percent. As we can see, the You are asking us to extend the life count. We will be sending a message U.S. military budget cuts are markedly of this aircraft 30 more years. That is that we will not take the best advan- less than that. So much for the idea absolutely ludicrous, asking our mili- tage of our technological superiority that we are not engaging in deterrence. tary to fly in a piece of junk, and that and put it into the defense of our won- People will say, ‘‘Well, but you have is about what the B–52’s are today. For derful Nation. some of those rogue states out there. 30 more years, risking the lives of our H 8612 CONGRESSIONAL RECORD — HOUSE September 7, 1995 men, our servicemen, is against the leagues to support continued long-lead But I caution my colleagues to re- will of the Nation, I believe. funding for the B–2 stealth bomber. member that if the B–2 is defeated, It is time to buy new aircraft and it We live in uncertain times. Although that will only mean more wasted is time to keep the B–2 line open. It is we cannot predict the course of inter- money on Star Wars and larger unwar- a superb airplane. It can do the job. It national events, we can ensure that we ranted defense budgets in the future. has been proven that it gives our mili- have, at our disposal, the resources to So, I would ask my colleagues to sup- tary and added capability that is im- protect our vital, national security in- port the B–2 and defeat the Dellums– measurable, and it is a program we terests. Kasich amendment. cannot do without. Recent events in Bosnia provide just Mr. DICKS. Mr. Chairman, will the Mr. DICKS. Mr. Chairman, I yield 1 one example of our continued need to gentleman yield? minute to the distinguished gentleman maintain a flexible, advanced fighting Mr. FAZIO of California. I yield to from Texas [Mr. FROST], one of our force. the gentleman from Washington. leaders. The B–2 stealth bomber is an integral Mr. DICKS. Mr. Chairman, there (Mr. FROST asked and was given per- component of the fighting force of the have been two major studies, one by mission to revise and extend his re- future. It is the tactical component of Rand and one by Jasper Welch. I even marks.) our commitment to military readiness. asked Colin Powell, ‘‘What did you rec- Mr. FROST. Mr. Chairman, I rise in But it is more than that. ommend to Dick Cheney?’’ He an- opposition to the amendment being of- With the aid of a revolutionary de- swered 50. The numbers in the two fered by the gentleman from Ohio [Mr. sign, the B–2 is ready to strike for free- studies are somewhere between 40 and KASICH]. dom at a moment’s notice, across vast 60 B–2’s are what are required to give The B–2 is an essential component of distances, with deadly accuracy. our Nation a deterrent force for the our overall national defense capability. As we bring our troops home from next 30 years. We live in an increasingly dangerous forward bases overseas, we are com- The idea that we are going to rely on world, and a significant bomber capa- pelled to consider our ability to initi- planes that are today on the average 35 bility is needed to ensure military pre- ate military operations from American years old I think is a serious mistake paredness and to protect our national soil. The B–2’s long-range capabilities in judgment. Stealth is a revolutionary interests. make this necessity a reality. technology. When combined with preci- The events of the last few years since While evading the world’s most ad- sion-guided munitions and its range, it the wall came down in Berlin and the vanced air defense systems, the B–2 can gives us a whole new kind of capabil- Soviet empire began crumbling have hit its targets with precision, and re- ity. vividly demonstrated that the world turn safely home. Mr. YOUNG of Florida. Mr. Chair- Most importantly, our mission can be continues to be one where hazards man, I yield 2 minutes to the distin- accomplished without placing the lives abound. The Persian Gulf war certainly guished gentleman from California of tens of thousands of U.S. soldiers in emphasized the point that the U.S. can [Mr. MCKEON]. jeopardy. Mr. MCKEON. Mr. Chairman, I appre- never let down her guard, and that The B–2 allows us to react quickly, ciate the gentleman yielding me the threats to our security interests may and with resolve, to regional or multi- time. pop up at any time throughout the regional conflicts around the globe. world. From a technical standpoint, the B–2 Mr. Chairman, today we will hear a The B–2 is an incredibly powerful and represents an unparalleled achieve- lot of facts and figures from proponents effective aircraft. Just one B–2 plane is ment. and opponents of the B–2 program. needed to carry out a military mission In the past, we augmented our fight- However, I believe that we should look that would normally require an entire ing forces with a entire battalion of es- back in history when we consider squadron of planes. Thus, for a given corts, radar jammers, and suppressors. whether to continue production of the military operation, only 2 pilots’ lives ‘‘The B–2,’’ according to former Air B–2. will be put at risk when the B–2 bomb- Force Chief of Staff Gen. Merrill A. Let me first go back 3 months ago er is used. McPeak, ‘‘offers a much more satisfy- when Capt. Scott O’Grady was shot It’s imperative that we maintain all ing and elegant solution: avoid detec- down in a mission over Bosnia. As we aspects of our military readiness in tion, and tip the scales back in favor of remember, our whole Nation was fo- order to respond to threats. And main- flexibility and offensive punch.’’ cused on the fate of this young pilot, taining readiness requires that we con- In light of our renewed commitment and we did not even know his name or tinue to modernize our bomber fleet to fiscal responsibility and deficit re- anything else about him at the time. with the best, most up-to-date equip- duction, some have questioned our The fact today is that the American ment we can. The B–2 is a quality air- ability to continue investing in this people are unwilling to accept large craft that provides stealthiness, long- program. We are right to reassess our war casualties, and I support them in range flying capability, and the ability priorities, and subject the defense that. In order to minimize American to deliver large payments, on target. budget to the same careful scrutiny we casualties, we need to ensure that our Mr. Chairman, the B–2 provides our bring to other segments of the Federal military forces are equipped with the Nation with important security. I urge budget. means necessary to defend U.S. inter- my colleagues to reject the Kasich But, for the sake of short-term fiscal ests in an environment where many na- amendment, and support the B–2 bomb- expediency, we should not sacrifice our tions possess deadly offensive weapons. er. long-term national security interests. Let me go back a little further in his- The B–2 program is the capstone of a tory. Every time, as the gentleman b 1145 $45 billion investment. from Missouri [Mr. SKELTON] pointed Mr. DICKS. Mr. Chairman, I yield 11⁄2 If we back down now, we will under- out, that we have redirected defense minutes to the distinguished gen- cut this Nation’s advanced technology spending to nondefense programs, we tleman from California [Mr. FAZIO], the base and risk tying our hands in the have had to eventually build up our chairman of the Democratic Caucus in event of future conflict. military forces. I realize this money the House of Representatives and one I would also like to point out that for the B–2 can be used on a number of of the most knowledgeable Members on the B–2 represents a way for us to le- other programs but can proponents of defense matters in this House. verage our resources. Just one B–2 can those other programs guarantee to me, Mr. FAZIO of California. Mr. Chair- pack the same punch as a much larger to this body and to the American peo- man, despite the comments of my col- conventional force—some estimates ple that the United States will not league from New York, let me proceed suggest a force as large as 75 aircraft. need a bomber force in the future? briefly in opposition to the Dellums- Finally, Mr. Chairman, I realize that We have 15 years invested in this and Kasich amendment. while Republicans continue to make over $40 billion, and now when they can I rise in opposition to the Dellums- devastating cuts in education and build the planes cheaper, when the pro- Kasich amendment to the Defense ap- other important programs, it is dif- duction line is there, we are talking propriations bill, and I urge my col- ficult to support more B–2’s. about cutting it. That just does not September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8613 make sense. I do not think that they tional B–2 procurement? The answer is Storm. But they are fighter planes. can guarantee that, and the real issue clearly, decisively, ‘‘no.’’ They cannot deliver the munitions. is, if B–2 production is capped, our abil- This is a time we are making dif- The B–1’s are not stealthy. They can- ity to produce modern bomber aircraft ficult choices in all Federal agencies not perform the mission of the B–2’s. will vanish quickly. History has dem- and programs. We must also look to The B–2’s can perform, they can be onstrated that it will again be nec- our defense establishment for budg- there, they can project American essary to produce these aircraft, which etary savings—but only when it is en- power anywhere in the world from the will then require a massive expenditure tirely consistent with our national se- continental United States. They do not in the future. curity interests. Military leadership have to be based all over the world. We I have been to the floor. I have seen has told Congress that additional pro- have pulled back our troops, we have where these planes are made. I have curement of the B–2 is a luxury we can- pulled back our Navy, we have pulled talked to the people that are building not afford in future fiscal years, I am back our Air Force. We are becoming these planes. To lose this capability not willing to sacrifice other badly more and more isolated and internal- and this ability is something that we needed weapons systems which will be- ized. The B–2’s can project power, awe- should not even be talking about here come available in future years, nor sac- some power, quickly and silently and today. It is important for us for our fu- rifice continued readiness on the altar deadly, in the areas to which we might ture. I urge support of this bill and op- of additional B–2 procurement. need to project American presence in position to the Obey–Dellums–Kasich I urge my colleagues to support the the future. amendment. Kasich amendment. It is silly to cut off our own hands at Mr. DICKS. Mr. Chairman, I yield Mr. YOUNG of Florida. Mr. Chair- this time. We should not do it. We sill myself 30 seconds. I want to com- man, I yield 1 minute to the distin- not be able to project that force if we pliment the gentleman for his state- guished gentleman from Mississippi do not continue the line on the B–2’s. I ment. He has become one of the most [Mr. WICKER]. urge defeat of the Kasich-Dellums knowledgeable Members about the B–2. (Mr. WICKER asked and was given amendment. There is one other item that I would permission to revise and extend his re- Mr. Chairman, I submit for the like to mention. B–2’s and F–117’s save marks.) RECORD a letter from General Horner. American lives. When we send a bomb- Mr. WICKER. Mr. Chairman, I rise in SHALIMAR, FL, August 23, 1995. er or that F–117 in harm’s way, they opposition to the Kasich amendment, Hon. BOB LIVINGSTON, are going to come back because they and I want to respond to some of the House of Representatives, are stealthy. arguments that have been made. Washington, DC. Captain O’Grady got shot down in an The statement has been made that DEAR MR. CHAIRMAN: This year, as we cele- F–16, and the French Mirage was shot we are cutting everything else except brate the Fiftieth Anniversary of World War down. Why? Because they are not II, I am struck by the similarities between defense. Well, I think the American the challenges America faced fifty years ago, stealthy airplanes. We in this Congress people want us to find budget savings. and those we face today. have a responsibility to put the young I think they want us to balance the Having just won a great and very costly men and women serving in our military budget. We spend a lot of money on victory, the nation rushed to demobilize and in the best airplanes we have got. worthwhile projects in this Federal draw down its armed forces. But our relief Mr. KASICH. Mr. Chairman, I yield 2 Government, but not all of them are was short-lived and we soon faced a new, minutes to the gentleman from Ari- absolutely essential to our survival as largely undefined military threat. The post zona [Mr. KOLBE], a distinguished a nation. cold war draw down of our military forces member of both the Committee on the National defense, on the other hand, has been accomplished in like fashion—with- out sufficient critical debate. Budget and the Committee on Appro- is a constitutional responsibility that Today, some argue that the international priations. only the Federal Government has. Pro- environment allows us to safely abandon Mr. KOLBE. Mr. Chairman, let me viding for the common defense is right military forces in favor of other invest- first congratulate Chairman YOUNG and there in the preamble to the Constitu- ments. While this is not an unfamiliar argu- the ranking member, Mr. MURTHA, for tion, and if the U.S. Congress does not ment, others suspect that we have already writing a responsible spending bill that provide those funds, they will not be gone too far in dismantling our defenses. improves quality of life for our troops, provided by anyone else. They are wary of our hasty reductions, for but recognizes that we must pick care- When 7 former Secretaries of Defense they remember Korea well and how America paid for its lack of military strength with fully among competing programs to se- write to the President of the U.S. and the lives of our men and women. And they lect those that yield the best results say that the B–2 bomber is central to remember Desert Storm, where our well for our national security interests. Our meeting the challenge to U.S. security trained and properly equipped forces brought resources are not unlimited, and this over the next decades, then we as a a swift victory with a minimum of casual- bill acknowledges that reality. Congress ought to sit up and take no- ties. It is in that spirit that I rise in sup- tice of that. We are now searching for a new national port of the Kasich amendment to I urge Members to defeat the Kasich security policy—much as we did after World eliminate funding earmarked for pro- amendment. War II. It took years to define the Contain- duction of additional B–2 bombers. Set ment and Deterrence policies that dictated Mr. YOUNG of Florida. Mr. Chair- our decisions about building military forces aside the fact that Air Force Chief of man, I yield 2 minute to the gentleman and led the Free World safely through a Staff, General Fogleman, has concerns from Louisiana [Mr. LIVINGSTON], the forty year struggle. The radical change in about the fiscal ramifications of pro- very distinguished chairman of the the world security environment since the ducing more B–2’s. And set aside the Committee on Appropriations. end of the cold war, has been accompanied DOD commissioned study by the Ana- (Mr. LIVINGSTON asked and was with an equal change in military affairs. The lytical Sciences Corp. that concluded given permission to revise and extend world has become uncertain, even more dan- that the United States does not need to his remarks.) gerous as the nuclear secrets, which the su- keep producing Stealth bombers to pre- Mr. LIVINGSTON. Mr. Chairman, I perpowers guarded so carefully in the past are bought, stolen or discovered by an alarm- serve bomber-manufacturing capabili- appreciate my friend from Florida, the ing number of nations around the globe. ties. But do not set aside the basic distinguished chairman of the sub- The revolution in military affairs created issue—and that is status of our strate- committee, yielding me the time. by new technologies was displayed over Iraq gic nuclear force structure and our The gentleman from Ohio has asked in 1991. Surveillance of the battlefield by ability to project nuclear force. That is how we can defend spending money on AWACS, Joint STARS, and satellites is now the proper focus of this debate. the B–2’s. It is very simple. The B–52’s augmented by a host of Unmanned Aerial Our nuclear triad depends not just on are 35 years old now. We have to plan Vehicles. The computing power needed to the B–2, of which we will have 20 by fis- for the threat 30 years out. They will make sense of all the information being gathered is rapidly growing, decreasing in cal year 2000, but on our Ohio-class be 65, 70 years old by the time a far en- cost, and increasing in availability. The new- strategic submarines, land-based velope threat might arise. est Joint STARS aircraft uses commercial ICBM’s, and B–52 bombers. Will our nu- The 117’s did a great job. They were computers giving it eight times the power at clear posture crumble without addi- stealthy. They worked in Desert lower cost than the ones used in Desert H 8614 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Storm. All of this is now coupled with com- As we develop clarity in our new national tremely knowledgeable about this par- munications of astounding capacity. This defense policies and strategies, we can more ticular program. means we know more, are able to make bet- accurately define the exact numbers of mod- Mr. DIXON. Mr. Chairman, I thank ter decisions, and implement them in sec- ern systems required. That is precisely why the gentleman for yielding me the onds rather than days as required in the we need to keep our options open now. A past. force of 40 or more B–2s is a reasonable esti- time. So what good is all of this surveillance, mate. It is obvious we will need to replace Mr. Chairman, I rise in opposition to computing and communications if you can’t our aged fleet of B–52s as they become more the Kasich amendment and in support hit the target? That’s the other lesson of the and more costly to maintain and less surviv- of the funding for further production of Gulf War—the importance of stealth and pre- able over the modern battlefield. To ignore the B–2 bomber included in H.R. 2126. cision guided munitions in modern warfare. the B–2 today, and end up building a new I recognize that this is not an easy There is no doubt about the potential offered bomber after we find ourselves in the same issue for many members, particularly by stealth, precision guided munitions and position as when the Korean war started, for those of us who opposed the severe information technologies. We must build a will cost added tens of billions and take tens reductions in domestic spending in- force with these capabilities and that is pre- of years. Even if we have the money, we cisely why we need B–2 bombers. surely won’t have the time. cluded in previous appropriations bills. In battle, commanders will know where We can debate whether or not we need our I would be less than candid if I said they need to strike rapidly and accurately to military forces in this post cold war world. that I was comfortable with the status speed victory and protect American lives. To me a more reasonable discussion would be of our national priorities as rep- The B–2 provides that capability. It can hit how the Washington Redskins are going to resented in House spending bills. targets anywhere throughout the region of win next year’s super bowl. But if we decide However, we cannot afford to be conflict with low cost weapons and survive. we will need military forces, and if we study caught up in a zero-sum budget game We saw how the O’Grady shot down in Bosnia recent history, we must conclude the B–2 that pits our national security needs will be a vital element of that force. When drove our air power out of the area until we against our domestic needs. deployed aircraft to jam and attack ground- we look at all the factors—cost of targets de- based radar and anti-aircraft missiles. The stroyed, adaptability to the new way wars Let’s be clear: If we cut the funding B–2 will not have to wait until a protective will be fought by the United States, and our contained in this bill for the B–2, that armada of support aircraft suppresses enemy desire to limit the suffering of non- money will not go to educate our chil- air defenses. It carries programmable preci- belligerents and our own causalities—then dren, or to train our unemployed. Cut- sion munitions costing significantly less the B–2 is the answer and a bargain to boot. ting funds for the B–2 will not trans- than the long range stand-off weapons car- We must keep the B–2 line open at a mini- late into increased spending for other ried by other platforms. Because the B–2 can mum rate as we define our security policies important programs. safely release its weapons over the target, its for the future and build the military forces What it may do is unnecessarily required. munitions don’t need the guidance and pro- harm the Nation’s military prepared- pulsion system used by costly standoff weap- And we must seize the opportunity brought ons to achieve the same level of safety for to us by America’s technological genius. We ness; further erode the economies of our military forces. Cost of munitions is im- can have a stronger, smaller and more effi- areas already suffering from defense portant. In fact, during the Gulf War, we cient means to winning the next inevitable downsizing; and undermine potential were told to quit using the Tomahawk stand- conflict—no matter when, where or how technological advancements possible off missile because it was too expensive— quickly it arises. That is exactly what the B– with a strong Stealth industrial base. over a million dollars a shot. 2 can do for us. If we have learned anything in the The utility and effectiveness of the B–2 in The B–2 presents us with an opportunity to short period which we refer to as ‘‘post ensure that future conflicts look like Desert terms of range, payload, limiting collateral cold war,’’ it is that there is little we damage, cost of operations and survival of Storm rather than the Korean War. Can we— our military men and women are clear and in good conscience—do otherwise? do know about the military contin- understandable. It is exactly the right mili- Sincerely, gencies we may face in the future. tary capability needed to fight the next war. CHARLES A. HORNER, We have essentially traded in an ERA So why the reluctance to build that force? General, USAF (Ret.). where we knew who the enemy was and Sticker shock. At over a half a billion dol- Mr. DICKS. Mr. Chairman, I yield 1 what the Nation’s military might be lars each, the B–2 seems unaffordable. But minute to our distinguished colleague, called on to do, for an era of increasing the fact is, the B–2 is actually a bargain. For the gentlewoman from Texas [Ms. complexity and changing dynamics. one thing, the very expensive research and EDDIE BERNICE JOHNSON]. Opponents and supporters of the B–2 development costs to develop such a superior Ms. EDDIE BERNICE JOHNSON of will continue to argue about swing weapon have already been paid. Even more Texas. It is rather rare that I come to important, the B–2 does more than any other strategies, fighting two simultaneous combat system. Compare it with a half dozen speak on any issue from this well, but conflicts at once, and the value of long F–117s—the superstars of Desert Storm— listening to this debate, Mr. Chairman, range bombers over precision guided which cost about as much as one B–2. But, I cannot sit idly by and allow us one munitions. But as we debate these is- with the B–2 you get eight times the payload more time to start to plan something sues our ability to continue production and five times the range. And the B–2 re- and tear it down in order to start of a technologically advanced bomber quires much less expensive support to safely again. We cannot sacrifice the defense grinds to a halt. perform its mission. Consider that each time of our Nation. We simply must do Should we take a chance and lose the we send out a B–52 force with the expensive things in a way that they must be done standoff munitions required to survive, we capability to quickly respond to un- could send a comparable force of 15 B–2s—the in this day. foreseen challenges? resulting savings would pay for a brand new Back when Desert Storm came about, We know that in the B–2 we have a B–2. 1,200 planes were sent. If we had the B– bomber with: Revolutionary stealth The bottom line is that the price tag of 2, we could have only sent 32. We would technology; precision weapons capabil- military capabilities have gone up, and we have saved lives. This investment saves ity; long range; large payload; and a had better spend our money wisely or we will dollars because it is the most cost-ef- bomber that is the only weapons sys- pay for our mistakes. And we will pay in a fective measure of defending our shores tem available to respond anywhere currency far more precious than mere dol- the way we have the military organized from the United States on the first day lars—the lives of our military men and women. this day. of conflict. How many B–2s do we need? No one knows The other thing, we cannot continue We also know that the bomber’s in- for sure, but we are certain that the cur- to ask companies to organize to dustrial base—the only heavy bomber rently contracted force, which will yield produce and then change and tear down production line still active—is rapidly slightly over a dozen operational aircraft, is that capability. facing a final shutdown. too few. By any measure 20 B–2s are not Mr. Chairman, I rise in opposition to And we know that by 2010, any sur- enough. Unless we expand that plan, we will the Dellums-Kasich amendment and in viving B–52’s will be 50 years old and not achieve the potential of these revolu- support of the B–2. probably retired, and that the B–1B tionary new capabilities—stealth, precision Mr. DICKS. Mr. Chairman, I yield 1 will be 23 years old. munitions and information technologies. We will not be able to achieve increased mili- minute to the gentleman from Califor- The B–2 is not cheap. But the costs of tary capabilities with greater efficiency, less nia [Mr. DIXON], a long time member of being unprepared in an increasingly cost and reduced danger to U.S. forces. The the Defense Appropriations Sub- dangerous world pale in comparison. In current plan is simply too few. committee and a person who is ex- the midst of so much uncertainty in September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8615 the world, can we really afford to close you do about the B–2 bomber. You do tractor said it would go. Mr. Chairman, the B–2 industrial base in the hope that not want it, Mr. Secretary, but we are $31.5 will be cheap for the next 20. we may not need it later? I think not. going to make you buy 20 more. Second, they say seven Secretaries For those of us representing regions Please vote for the Kasich-Dellums have indicated their support for the B– whose economies have been driven by amendment. 2. The important point is the present the defense and aerospace industry, Mr. DELLUMS. Mr. Chairman, I Secretary charged with the significant there are certainly other factors moti- yield myself such time as I may national defense concerns of this Na- vating our support for the B–2. consume. tion says we do not need it. And, inci- Thirty years ago, the State of Cali- Mr. Chairman, some of my colleagues dentally, he was the father of B–2. fornia was the cradle of the aerospace are concerned, the gentleman from Secretary Cheney sends a letter out industry. Washington [Mr. DICKS], that this gen- to the majority leader in this Congress Southern California has provided the tleman is maintaining 10 minutes. I am and said, I had to acquiesce to 20 B–2’s core of this technological effort with a going to take the 10 minutes, because because the Congress said do it. That is skilled and motivated work force of to tell the truth at any given time, it fallacious and I can document it, Mr. highly dedicated men and women. is still the truth. Chairman. In a very short time, we have seen a Mr. Chairman, let us start off re- From Department of Defense Press major erosion of this industrial base, membering where we ended in August. Release numbered 29–92 in January 29, as California’s aerospace industry has We ended in August talking about bal- 1992, so check it out, it is objective, suffered a major decline: 133,000 direct ancing the budget and we cut programs here is what Secretary Cheney said: aerospace jobs lost between 1988–93; and wreaked havoc and extended pain We can now afford to be more deliberate in 37,000 more will be gone by 1996; and to millions of American people in this the pace at which we modernize our armed 200,000 additional indirect jobs lost in country. forces. And the emergence of democratically the service industries supporting the We cut programs for the children in inspired reformers in the republics of the aerospace work force. this country; our future. We cut pro- former Soviet Union presents an historic op- grams that affected the farmers; the portunity to make further reductions in the Today, the only remaining combat world’s strategic arsenal, as the President aircraft in production in the region is people who feed us in this country. We proposed last night in his State of the Union the B–2 Stealth bomber. cut programs for the veterans, for the address. The B–2 program has been essential senior citizens, for urban, rural, and Secretary Cheney said he will therefore to California’s high technology aero- suburban America. stop the Air Force’s B–2 stealth bomber pro- space industry. Thousands of sub- So, we come back from the August gram after the 20th aircraft is produced. contractors have been involved in de- break; now we are on the defense ap- January 1992, before the Congress of velopment of this technology. propriations bill. The first amendment, the United States even got the budget. The B–2 industrial base in California B–2. And, suddenly, all these people That is the facts. and throughout the nation needs to be who were willing to inflict pain on the Mr. Chairman, the gentleman from sustained. Not only for the sake of con- American people cannot inflict pain Washington [Mr. DICKS] argues that if tinued production of the bomber, but upon the Pentagon. I hear the sizzle of we had had B–2, the gentleman would also for potential advances in tech- pork and I will talk about it, but I will not have been shot down in the F–16, or nology that only a strong industrial also talk about the substance, Mr. he spoke to the Mirage. Mr. Chairman, base—and the men and women it em- Chairman, and members of the com- let us talk about facts. The F–16 and ploys—can support. mittee. the Mirage are fighter aircraft. Do my If we take together what we don’t One of my colleagues said we should colleagues know what the response to know about the future military threats be talking about what is essential and the F–16 and the Mirage on a stealthy the Nation may face, and what we do I will argue that the B–2 is not essen- basis is? It is the F–22, not the B–2. know about the vast capabilities of the tial, it is not needed, it is not afford- Does my colleague think somebody is B–2, it seems to me that we cannot af- able, and there are alternatives. going to fly this big B–2 around? ford to take a chance on the erosion of Mr. Chairman, one of my colleagues Mr. Chairman, members of the com- our bomber industrial base. I urge the from California said, Well, the ration- mittee, the B–2 bomber at this point defeat of this amendment. ale for buying 20 more B–2’s is the cannot even tell if it is flying in the money will not go for domestic pro- rain or flying in the mountain range. It b 1200 grams. Hogwash. This program will cannot be flown in the daytime. It can Mr. OBEY Mr. Chairman, I yield 1 cost us minimally $31.5 billion, not mil- be seen. Stealth does not mean invisi- minute to the gentleman from Indiana lion. $31.5 billion. We are only going to ble. There are several ways to detect a [Mr. ROEMER]. appropriate a measly $500 million this plane. One of them is infrared, the Mr. ROEMER. Mr. Chairman, let me year, but that is the camel’s nose other is optical. You can see it. You begin by saluting the gentleman from under the tent. So, we will not be able can detect it with infrared. That is Ohio [Mr. KASICH], who I have worked to argue next year, the year after that, real, Mr. Chairman. with a number of times in support of the year after that, and the year after Next point: Where on this Earth do deficit-reduction measures in a biparti- that, Mr. Chairman, for priorities that we need to fly more than 20 B–2 bomb- san way. And though I oppose the gen- speak to the highest and the best of ers? Against a Third World country? tleman from Washington [Mr. DICKS], I our people in this country who are suf- We talk about integrated air defenses. do not think there is a Member of Con- fering. Mr. Chairman, there is not one nation gress who knows more about the tech- B–2 bomber. Mr. Chairman, we al- in the world at this point with an inte- nology and the minutia involved than ready spent $44 billion for the first 20. grated air defense. Not one. No one the gentleman from Washington. It will cost us $19.7 billion in produc- tells you that. Mr. Chairman, with that in mind, we tion. Add that together and that is in The closest that the world ever came are saying as 535 Members of Congress excess of $63 billion. Operation and to that was the Soviet Union and the today, since the Senate did not put this maintenance is $11.7 billion for the Warsaw Pact. Integrated air defense in their bill, we have the opportunity next 20. Multiply that twice for the means comprehensive, interrelated, to save the taxpayers one-half billion first 20 and the second 20 and we are up and synergistic. If my colleagues do dollars, and $20 billion over the course to 80-some billion to maintain 40 air- not understand those words, look them of the next 10 years, by voting for the craft. up in a dictionary and find out. Kasich-Dellums amendment. It will cost $65 billion for 40. That is A B–1 bomber can fly against any air We are also saying that we are going not a billion-dollar plane. That is a 1.5- defense that exists in the world today. to look at every corner of deficit reduc- billion Batmobile we do not need. There are no crackpots on this earth, tion in Federal spending, but not in de- Mr. Chairman, members of the com- there is no Third World country on this fense and not on the B–2 bomber. That mittee, these costs are conservative. I Earth, neither can the Soviet Union or is exempt. We are saying to the Sec- have been here nearly 25 years and not the United States at this moment, retary of Defense, we know more than one program has ever gone as the con- given the incredible financial problems H 8616 CONGRESSIONAL RECORD — HOUSE September 7, 1995 that plague this Nation and plague this about the cost benefits and the strate- early 1960’s, so the aircraft will be al- world, that have the capacity to de- gic benefits. We have heard about capa- most 70 years old in 2030. velop an integrated air defense. bilities, performance, and jobs. But the If the B–52 were a person at that Next point: One B–2 bomber is equiv- B–2 is about people. It is about our men time, it would be collecting Social Se- alent to 75 tactical aircraft. Mr. Chair- and women who serve this country in curity. Do we want to send our sons man, those 75 aircraft already exist in uniform. It is about giving them the and daughters to war in a 70-year-old the inventory. We paid for them. None equipment and technology to defend bomber? I don’t think so. I think we of these 20 B–2 bombers are pro- and protect our Nation and its prin- want to use the most survivable air- grammed in next year’s budget, or the ciples in time of conflict. craft possible, an aircraft we have in year after that, or the year after that. We have that technology today. Here production right now—the B–2. So that whole chart business is phony it is. Technology that allows our De- The cost of the aircraft is a concern and was supplied by the contractor partment of Defense to risk the fewest to us all. But it is half the cost its op- anyway and ought to be dismissed for American lives in time of conflict. The ponents estimate. self-interest. B–2 stands ready as a system designed The B–2 saves us money by using Let us talk about the jobs. Mr. Chair- to protect this Nation from threat of cheaper weapons. The old B–52 and the man, Members of the committee, we al- war and minimize the loss of life. Let B–1 use expensive guided missiles and ready lost 20-some-thousand in the B–2, us face it, that is what we are really bombs to fly in from standoff orbits. and there are 8,000 people working. talking about here is lives. Since the B–2 can go right to even the They have not built all but 20 yet. Is it a difficult choice? Of course, it most heavily defended target, it can There are 7 more to deliver, so people is. Most likely, one of the most dif- use cheaper laser and gravity bombs, have got to work on it. Because not ficult votes a Member will have to cast which cost about one one-hundredth one B–2 looks like the next B–2, be- this year. But this is a vote which car- the cost of the B–52’s weapons. cause they keep changing it each time, ries with it a vision for the future; the The new Deputy Defense Secretary 18 of the 20 will have to be retrofit and future of this Nation’s defense posture testified this May 18 before the Senate standardized. Somebody has got to do and the task of keeping America Armed Services Committee that: the work. strong. If I do not have any carriers available for Finally, in the contract, the contrac- Someone once said: A task without a 15 days and I do not have any tactical air- craft in theater and I do not have any means tor must maintain depot maintenance vision is drudgery. A vision without a into the year 2005. Somebodys got to do to get tactical aircraft in theater and we task is a dream. A task with a vision is the work. have to continue with this MRC scenario, victory. Mr. Chairman, I understand jobs, but then I am going to need a lot more bombers Mr. Chairman, I say to my colleagues than I have in the current force. to the tune of $31.5 billion to build a today that the B–2 is that vision, the plane that the Pentagon says they do That means B–2’s. keystone in keeping our Nation’s de- not want, they do not need, and there We can find further savings in acqui- are alternatives, is a sham. It is a fense strong. The American people sent sition reform. Last year, Secretary shame. You give me $31.5 billion; I will us here to make changes. Those who Perry testified that as much as $30 bil- put a hell of a lot more than 8,000 peo- believe in the status quo never thought lion could be saved by downsizing and ple to work; $31.5 billion is an incred- we could make serious cuts while keep- procurement reform over 5 years. ible amount money. ing our military strong. Let us send a Those savings would kick in just when Mr. Chairman, the people that are message back to the American people. they are needed most. They would pro- charged with the responsibility of Vote against this cutting amendment. vide more than enough funds for the B– 2 within the budget resolution profile. fighting the war, this is not talking b 1215 about them. Charged with putting As the mother of the lockbox, no their lives on the line, and not speak- Mr. DICKS. Mr. Chairman, I yield 2 Member is more committed to deficit ing ‘‘Will the gentleman yield about minutes to the distinguished gentle- reduction than I am. But this is not the it,’’ they do not want this plane. woman from southern California [Ms. way to get smart, prudent deficit re- Mr. Chairman, for those budget peo- HARMAN], a member of the Committee duction. ple who argue, well, this will not go to on National Security. Mr. Chairman, as a parent, I am con- the deficit, the only way that can be (Ms. HARMAN asked and was given vinced that we must field and fully true is you have got to have a trade- permission to revise and extend her re- fund the most effective and survivable off. If the people who are the pro- marks.) weapons systems. The most precious ponents of B–2 and are also budget cut- Ms. HARMAN. Mr. Chairman, I am resource this country has is our chil- ters, because they go home and tell often a supporter of the initiatives of- dren. Today, in this House, let us their community that, why do they not fered by the sponsors of this amend- choose the best defense for our children tell them they are prepared to cut all ment—and always an admirer—but on and the men and women who will de- of these other programs? Cut the F–22, this issue of striking the B–2 funding, I fend them. Vote against the Kasich- cut all the C–17’s and what have you. rise in strong opposition. Dellums amendment. We need the B–2. But look at their voting record. They In my view, the B–2 saves lives, saves Mr. OBEY. Mr. Chairman, I yield 1 are going to back up to the voting money, and saves a critical asset—our minute to the gentleman from Illinois record and they are going to vote for bomber industrial base. [Mr. DURBIN]. all those programs as well. As a mother of two draft-age chil- Mr. DURBIN. Mr. Chairman, as a co- Mr. Chairman, I urge my colleagues dren, my first question about any de- sponsor I rise in support of the Del- to defeat this turkey. It is not needed. fense acquisition program is, ‘‘Will it lums-Kasich amendment. There are Mr. YOUNG of Florida. Mr. Chair- saves lives?’’ The answer is a resound- only three problems with the B–2 man, I yield 2 minutes to the gen- ing yes. bomber. First, it does not work. It can- tleman from Texas [Mr. DELAY], the Many arguments have been made in not tell the difference between a rain distinguished majority whip. favor of this incredible aircraft, but I cloud and a mountain. Second, it costs Mr. DELAY. Mr. Chairman, we have want to emphasize one: a fortune, $2.2 billion per airplane. kept our promises to the American We can afford to buy more B–2’s and Third, we do not need it. What we have people. We have made the hard cuts in we should. Within the budget resolu- been told by the Pentagon, the people spending, while we are maintaining a tion profile, money is available as we: who beg us for military expenditures, strong defense for our Nation. Keeping First, retire the expensive, aging B–52 is do not put any more money into this our Nation strong means having a vi- fleet, second, buy the cheaper muni- airplane, we do not need it, and yet sion into the future defense of this tions the B–2 uses, and, third, reap sav- today we find that the wind beneath country and having the ability and the ings from acquisition reform. the wings of the B–2 bomber is not na- technology to carry out our Nation’s Much of the argument against more tional security, it is the clout of de- objectives. B–2’s assumes the B–52 will remain fense contractors which stand to bank We have heard many arguments for combat capable through the year 2030. billions of dollars if Congress will ap- and against the B–2. We have heard The last B–52H was produced in the prove this unnecessary boondoggle. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8617 Mr. Chairman, at a time when this The Vice Chairman of the Joint Rand did a study. Three B–2s interdict- Congress is cutting Medicare, Medic- Chiefs has a big platform outside of ing Saddam’s division moving into Ku- aid, education, and health care, it is this office. That platform can be used wait with the sensor-fused weapon, a unconscionable that we would spend up to replace the aircraft carrier. We can smart submunition, knocked out 46 to $30 billion for an airplane that does land C–17’s on this platform. See, it is percent of the mechanized vehicles in not work, that costs $2.2 billion a copy, about the future. that division. The B–2 also, with the and one that military experts tell us is The B–2; that is a 1970’s–1980’s plane. block 30 upgrade, will have an ability totally unnecessary. F–22? Uses elements of stealth, but to go after the launchers for the Scud Mr. DICKS. Mr. Chairman, I yield 2 also uses maneuverability and speed. missiles. We might have been able to minutes to the distinguished gen- See, it is about the future, it is about prevent the war, as the gentleman from tleman from Pennsylvania [Mr. MUR- effectiveness. Pennsylvania [Mr. MURTHA] said. THA], the ranking Democrat member of And who can we go to learn about ef- Conventional deterrence is in our the Subcommittee on National Secu- fectiveness? Do my colleagues know grasp if we have an adequate number of rity, and our former longtime chair- who we go to if we do not want to trust B–2’s. Every expert, Rand, Colin Pow- man. the Chairman of the Joint Chiefs that ell, Jasper Welch, say the right number Mr. MURTHA. Mr. Chairman, let me does not want the plane, or the Vice is somewhere between 40 and 60. Let us talk about the practical aspects of the Chairman of the Joint Chiefs? Do my not end this program now. The line is B–2 bomber. colleagues know who we go to? The open. We should buy these bombers. We One of the things that we try to commanders in the field who have to can get 20 additional B–2’s for $15.3 bil- make decisions on is which weapon sys- carry out the mission. Not one single lion. We can retire other planes in tem will be the most important to the ground commander, not one single order to make room for life-cycle costs. national security depending on the CINC, the commanders in charge of our The B–2 is the right weapons system threat to the Nation. The most effec- troops in the field, not one of them for the future. It will have American tive weapon system we can buy is the want to buy B–2 bombers, not one of lives. Our kids will not get shot down one that deters war, that is never used them. like Captain O’Grady got shot down, in a war, and I think the B–2, with the Do my colleagues know why? Be- and this is the most important issue. amount of money we have available to cause they are looking for an effective To kill this program I think would be us, it is certainly not the time to stop and efficient defense to protect our sol- a tragedy for the American people and it. For instance, if we had less money, diers in the future, and, as the general a tragedy for our future military capa- it would be a tougher decision, but, in charge of acquisition in the Air bility. If we have to come back, we are with the amount of money that the Force said, ‘‘If you buy the B–2, you going to have to spend $10 billion just Committee on the Budget allocated to prevent us from being able to buy the to reopen the production line. the defense subcommittee, it certainly things that we really need to secure We must keep the B–2 line open. The would be a mistake for us to cut out the defense of this Nation.’’ weapons for the B–2 are very cheap. the B–2 at this stage. See, this debate really is about the This is a revolutionary conventional Mr. Chairman, what I recommend to future. It really is about what is the capability. the Members, and I have been involved Mr. OBEY. Mr. Chairman, I yield 40 most effective way to meet the threat in the B–2 for years; as a matter of seconds to the gentleman from Georgia in this world, and, when we got the fact, I was willing to jump over the B– [Mr. LEWIS]. Vice Chairman of the Joint Chiefs, who 1 and go with the B–2 because of the Mr. LEWIS of Georgia. Mr. Chair- has taken the navy on himself, arguing technology, because of the ability of man, I rise in strong support of the Ka- about more effective and efficient ways the B–2 to penetrate defense systems: sich-Dellums amendment. Now, even though we do not have the to project power, who has written let- We should not spend money we don’t threat now, what we want is an air- ter after letter and made speech after have on planes we do not need. Twenty plane that will deter an enemy from at- speech saying, ‘‘End this system at 20,’’ more B–2 bombers will not help our tacking us, and I think the B–2 is that my colleagues coming to the House children, our sick, our elderly, or na- airplane. floor, we have got to vote for the most tional security. Buying more will not So, Mr. Chairman, I would ask the efficient, effective defense. make our world a safer place. Members of Congress to allow us to go Vote for the Kasich-Dellums amend- President Eisenhower warned us of forward, to go to conference. Hopefully ment. Make the commonsense choice. this day. He said: ‘‘every gun that is we will have a good allocation in con- Mr. DICKS. Mr. Chairman, I yield 30 made, every warship launched, every ference and we will be able to continue seconds to the distinguished gentleman rocket fired signifies a theft from those the B–2. The big expense for the B–2 from Texas [Mr. WILSON] in support of who hunger and are not fed, those who comes next year. But I am confident the B–2, a senior member of the Sub- are cold and are not clothed.’’ that, as the threat continues, as the committee on National Security. This is the choice we make today. The time threat changes, this Subcommittee on Mr. WILSON. Mr. Chairman, I just must come for a great nation to have the cour- Defense will make the appropriate de- want to say that the current events in age, the raw courage, not to spend millions cision on the B–2, and I think at this the world are absolute proof to us that and billions of dollars on weapons of mass de- point the Members should feel con- we must always maintain the very struction. fident to vote for this with the amount highest degree of technology and the The time has come. Look in our hearts. of money available. very most effective forces for our Gather the courage to do what is right. Say Mr. Chairman, I ask the Members to armed services. Now is not the time to ``no'' to more B±2's. Say ``yes'' to our children, strongly support the B–2 as we move take a step back. Now is the time to our people, our future. forward to conference. take a step forward. The B–2 is in my Mr. YOUNG of Florida. Mr. Chair- Mr. KASICH. Mr. Chairman, I yield opinion absolutely essential and in man, I yield 1 minute to the gentleman myself the balance of my time. many ways enhances the fighting capa- from California [Mr. HUNTER], a distin- The CHAIRMAN. The gentleman bility of our forces. guished member of the Committee on from Ohio [Mr. KASICH] is recognized Mr. DICKS. Mr. Chairman, I yield National Security. for 2 minutes. myself my remaining minute and a Mr. HUNTER. Mr. Chairman, I thank Mr. KASICH. Mr. Chairman, the de- half. the gentleman from Florida [Mr. bate is about the future. Mr. Chairman, the gentleman from YOUNG] for yielding me this time. My Do my colleagues know what this is? Ohio [Mr. KASICH] just stepped on a colleagues, we are close to this vote, Tomahawk missile. I say to my col- landmine. What he forgot to tell us and what we are doing today is going leagues, ‘‘If you launch this either with the standoff cruise missile is that down the path that we commenced from a ship or from the B–52, which the it costs $1.2 million a copy. That is a after Vietnam because during Vietnam generals and the Pentagon want to lot of money compared to $20,000 for we lost 2,200 aircraft, mostly to SAM maintain along with 95 B–1’s and 20 B– the JDAMS. missiles. We lost aircraft that had pi- 2’s, you know what? Your pilot is not Second, a standoff cruise missile has lots from every congressional district in danger.’’ See, it is about the future. no capability against mobile targets. in this Nation. H 8618 CONGRESSIONAL RECORD — HOUSE September 7, 1995 The smartest people in this country The CHAIRMAN. The gentleman training, and the ability to do their job got together at our request, Congress from Florida is recognized for 3 min- as they protect their lives. and the President, and we asked, ‘‘Is utes. Mrs. KENNELLY. Mr. Chairman, while I re- there any way to avoid radar so we can Mr. YOUNG of Florida. Mr. Chair- spectfully understand the concerns of my col- protect our pilots?’’ Then, lo and be- man, all of us hope and pray that in the league and the ranking member of the Appro- hold, the great American technological future that the gentleman from Ohio priations Committee, I rise in opposition to this base came up with stealth, with the [Mr. KASICH] referred to, Americans amendment. ability to avoid radar. never have to go to war again, whether I am pleased that the committee has appro- Now probably radar, the invention of on the ground or in the air or under the priated research and development funds in fis- radar, was the greatest military inven- sea or on the sea. But the way the cal year 1996 for the F±22 advanced tactical tion of this century. I would say the world looks, it does not look like that fighter. In fact, the committee reports that ad- ability to avoid radar is probably the is going to be a real choice. ditional funding will enable the Air Force to second greatest invention of this cen- Mr. Chairman, while we were on re- maintain original production and capability schedulesÐresulting in an overall savings of tury. cess, there were major bombing cam- If we do not go with the B–2 bomber, $350±400 million over the life of this program. paigns taking place in which the Unit- we are going to see pilots go down just The F±22 will serve as our Nation's next ed States is by far the major player in like Mr. O’Grady went down. Do not re- generation premier fighter replacing the suc- Bosnia and Herzegovina. We do not ject this technology. Protect our pi- cessful F±16. It will be designed to have both lots. know when or where we may be called air-to-air and air-to-ground fighter capabilities Mr. OBEY. Mr. Chairman, I yield my- upon to deploy military forces. If and and operate at supersonic, super-cruise condi- self the balance of my time. when we do, I believe this Congress tions for significant periods of time. The F±22 The CHAIRMAN. The gentleman under our constitutional mandate has advanced tactical fighter will be more surviv- from Wisconsin is recognized for 1 the responsibility to provide those peo- able and stealthier than any fighter jet cur- minute, 20 seconds exactly. ple that we send to war the best train- rently before us. Mr. OBEY. Mr. Chairman, the gen- ing possible and the best equipment Earlier this year, this aircraft sucessfully tleman from Washington [Mr. DICKS] possible and the best technology pos- passed its preliminary design review, which, says that the studies show that we sible to let them accomplish their mis- as many of you know, signals the near com- need to have 40 B–2 bombers rather sion, do their job, and give themselves pletion of its design. With the growth of ad- than 20. That is not true. The major a little protection while they are doing vanced surface-to-air and air-to-air missiles, study done, the Kaminski study which it. with the increase in technological development reviewed 17 other studies, indicated This type of stealthy technology may in military forces around the world, the need that the best buy for the United States not be ready to fly today. It is in a de- for the F±22 becomes clearer each day. Fur- was not 40 B–2’s, but 20. Everybody velopment process still, as every other thermore, as we continue to reduce our mili- knows it. airplane program has been and every tary forces and shift defense dollars, the need Second, if we are talking about future airplane program will be. But for a fighter that requires less maintenance, tradeoffs, just from the cost of the ad- when this airplane flies, it will give our less support, and less manpower grows ditional two B–2 bombers he wants to troops protection from the air that stronger. buy this year we could help 1,100,000 they would love to have. If you do not The F±22 represents only 3 percent of the more kids under chapter 1, we could believe it, check with anybody who Pentagon's research, development, and pro- help 600,000 or 6 million families to re- served in Desert Shield-Desert Storm curement accounts. This is a very small in- ceive low-income heating assistance, when the F–117 stealthy airplane flew vestment that will provide dominance in the which we just cut out of the budget. We into Baghdad and disrupted Saddam’s skies. Reliance on air superiority has taken us would still have enough left to provide ability to conduct the war, and they through several conflicts in recent years and it summer youth jobs for 300,000 kids. did so without any casualty, without is improbable that we could ever win a war any loss of aircraft, because of the without it. Our decision today has that kind of b 1230 technology that we had invested in. potential impact. I urge my colleagues to op- You talk about comparative defense Mr. Chairman, on the question of the pose the Obey amendment. expenditures. The red lines on this F–117 and the technology, the gen- Ms. FURSE. Mr. Chairman, I am outraged chart indicate the Soviet Union has re- tleman from Washington [Mr. DICKS] at the way defense contractors make public duced its budget by 70 percent, its mili- wants me to remind everyone about policy around here. I thought we Members of tary budget. Our budget has hardly the former Secretaries of Defense who Congress were sent here to think for our- moved in comparison to that. There is supported the B–2. They also supported selves but, unfortunately, I have learned other- no question of where the major threats the F–117, except to a point about 10 wise. come from. years ago when the Department of De- The July 31 issue of Defense Week details Mr. Chairman, if you take a look at fense decided they did not need any contributions by Northrup Grumman's political how our budget compares to potential more F–117’s, and in fact they sug- action committee and the June vote for more enemies, we are spending militarily gested we cancel the program. It was B±2's. Northrup donated $167,850 to House about 2.5 times as much as all of them our subcommittee and this Congress Members between January and June 30 and combined, including all of the rogue who decided that, regardless of their 96 percent of the money went to Members states that are talked about. This is a objection, we would not terminate the who voted for the extra B±2's. flying turkey. It will primarily benefit In June alone, Northrup donated $75,200 to F–117 program. Where is there a better defense contractors, not the defense House Members. Of that $75,200, 97 percent success story today? posture of the United States. We ought went to 47 Members who voted for more B± to pass this amendment and save the The Congress was right. We filled out 2's. money. the squadrons of the F–117’s. We gave Is the B±2 being promoted because it is an Mr. YOUNG of Florida. Mr. Chair- the pilots who flew those airplanes the absolute necessity for our Nation's defenseÐ man, I yield such time as he may technology to do an effective job or could it be because a contractor has deep consume to the gentleman from New against Saddam Hussein and to protect pockets? York [Mr. SOLOMON], the distinguished their lives while they were doing it. I want to quote DOD Deputy Secretary chairman of the Committee on Rules. So again, join me; hope and pray that White who told us last month, ``The Depart- (Mr. SOLOMON asked and was given we never have to send an American ment cannot support procurement of additional permission to revise and extend his re- into combat again. But today, Ameri- B±2's,'' and ``The Department loses approxi- marks.) cans are flying combat missions in mately $3 billion per year in purchasing power Mr. SOLOMON. Mr. Chairman, on be- Bosnia and Herzegovina, so we cannot for higher priority programs.'' half of every young man and woman, I guarantee that they never have to go The Department of Defense doesn't want urge a ‘‘no’’ vote on this amendment. again. But if they do, let us have our more B±2's, the B±2 has difficulty distinguish- Mr. YOUNG of Florida. Mr. Chair- conscience clear, that we did the best ing between a raincloud and a mountain, and man, I yield myself the balance of my job that we could to make sure they we cannot afford to spend $31 billion on 20 time. had the technology necessary, the more of them. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8619 It only makes people more cynical about miracle.’’ House Speaker Newt Gingrich (R- the direction of Congress, which found that Washington to see money talk and carry out Ga.) did not vote last month but will likely there are other, more cost-effective options for the contractors' wishes. I hope my colleagues support the bomber when the debate begins improving U.S. military capabilities than buying this week. Northrop Grumman on June 26 do- won't vote to throw $31 billion at a plane we nated $1,000 for his 1996 primary, adding to a additional B±2's at this time. According to don't need. $2,000 St. Patrick’s Day contribution. these credible reports, the currently planned [From Defense Week, July 31, 1995] Since its merger with Grumman, Northrop bomber force can meet military requirements NORTHROP GRUMMAN’S ’95 CONTRIBUTIONS has more clout with the New York delega- for fighting two major regional conflicts through SEEM TIMED FOR B–2 ACTION tion and has adjusted its contribution pat- a mix of B±52's, B±1's, and B±2's. It would be terns accordingly. more cost effective to buy additional precision- (By Tony Capaccio) New York Reps. Gary Ackerman (D), Ben Illustrating the synergy between legisla- Gilman (R), Gerry Solomon (R) and Maurice guided munitions for the bomber force and to tion and campaign contributions, of $167,850 Hinchey (D) co-authored a June 7 ‘‘Dear Col- upgrade B±1's than to build more than 20 B± the Northrop Grumman Corp. political ac- league’’ soliciting B–2 support. They wrote 2;s. tion committee (PAC) donated to House law- that New York, ‘‘with over 225 of its compa- Lastly, my opposition to additional B±2 fund- makers between January and June 30, all but nies having supported B–2 production at var- ing is not based on the supposition that we $7,400 went to members voting last month to ious times since 1987, will lose significant may never need to use them. Indeed, we provide additional B–2 funding. economic activity’’ if production ends. might. It rests more in part on the notion that In June alone, the corporate PAC donated Ackerman had received a $500 contribution $75,200 to House lawmakers, of which $73,200 in March. Solomon and Hinchey received we need a better understanding of the military went to 47 members who voted June 13 to de- $1,000 and $500 donations respectively on May capabilities of the different blocks, or types, of feat an amendment stripping $553 million in 16. Gilman received a $750 contribution June B±2's. The recent General Accounting Office added B–2 money. 2. report on the B±2 claiming unsolved technical It was added to the fiscal 1996 defense au- B–2 supporters who received the largest shortcomings concerns me greatly. And while thorization. Northrop Grumman donations in June either Pentagon Acquisition Chief Paul Kaminski re- Another vote to cut the funding is sched- before or after the vote were: McKeon, who received $500 on June 2 and butted the report, he did not advocate the pur- uled for later this week as the House debates chase of more B±2's. the fiscal 1996 $244.1 billion appropriations $4,000 June 26. He told Defense Week earlier bill. this year that one of his primary reasons for While we might be able to afford the addi- The dollars and cents aspect is just one— seeking a seat on the House National Secu- tional funds the Appropriations Committee has and totally legal—facet of the aggressive rity Committee was to fight for retention of proposed this year, as we move down the Northrop Grumman Corp. campaign to keep the B–2 production line. road to the year 2002, and toward a balanced open its B–2 production line. Spokesman Harman, a debate floor manager, who re- budget, agreeing to further funds to procure Tony Cantalio declined to discuss any aspect ceived $5,000 June 28. Vic Fazio (D-Calif.), who made a floor twenty more B±2'sÐat a potential total cost of of Northrop’s contributions policy after De- speech defending additional funding, re- close to $40 billionÐwill most certainly be a fense Week posed written questions. ceived $500 on June 2 and $4,500 June 26. budget buster. Funding more B±2's this year Detailing which B–2 supporters received Rep. Jerry Lewis (R-Calif.), a key B–2 sup- could lead us unwillingly toward procurement Northrop Grumman contributions this year porter organizing this week’s floor debate in no way is meant to imply that their votes of further B±2's in future defense budgets that and who issued a stinging rebuttal to the re- cannot support them without cuts in funding were ‘‘bought,’’ only that the corporation is cent critical General Accounting Office draft not bashful about assisting members who ac- report, received $4,500 on June 26. for the operation and maintenance of our knowledge and agree with its point of view. Rep. Randy Cunningham (R-Calif.) had re- troops and other weapons systems. Funding In fact, a handful of members who received ceived $3,500 between January and May from more B±2's while we are trying to balance the contributions voted against added funding. Northrop Grumman, took in another $500 on budget could also result in unfair cuts in other They include: Reps. Paul McHale (D–Pa.) June 2 and $1,500 June 26. areas of the budget as well. $1,000; Patrick Flanagan (D–Ill.), $500; Rick Members who voted to retain added B–2 Althouh I am a strong support supporter of Lazio (R–N.Y.) $850; and Reps. Frank Pallone funding and received their first Northrop (D–N.J.), Jack Quinn (R–N.Y.) and Frank Grumman contributions after the vote in- a robust and fully well-rounded defense pos- Riggs (R–Calif.), who received $500 each this cluded: Joe McDade (R-Pa.), $2,000 on June ture, at this time of fiscal restraint, I find it hard year. 14; Robert Walker (R-Pa.), $1,000; Reps. to justify such an expenditure. The billions of But coming as they have in the course of Henry Bonilla (D-Texas), $1,000; Wayne Al- dollars required to sustain such an effort is not the B–2 debate, the donations no doubt as- lard (R-Col.), $1,000; Bob Matsui (D-Calif.), a necessity and is not affordable. sure access and give Northrop Grumman offi- $500; Michael Forbes (R-N.Y.), $500; John I have great respect for those who support cials an advantage in getting their story Doolittle (R-Calif.), $500; Helen Chenoweth the B±2. To be sure, it is an awesome aircraft heard. Where once 40,00 workers nationwide (R-Idaho), $500; Gary Franks (R-Ct.), $500, that I am sure will contribute greatly to our de- assembled B–2 parts and aircraft at the and Alan Mollohan (D-W.V.), $500. height of production in 1992, according to Charles Wilson (D-Texas), who did not vote fense needs. But given the aforementioned spokesman Ed Smith, now 16,500 workers are on June 13, received a $5,000 contribution 11 factors that are weighting on me, at this time directly employed as the last four of 20 days earlier. I cannot support additional funding. bombers on order are in final assembly. Mr. CASTLE. Mr. Chairman, I rise in support Mr. CONYERS. Mr. Chairman, I rise in Aspects of the Northrop Grumman B–2 of the Kasich-Dellums-Obey amendment to cut strong support of the amendment being of- campaign and political contributions were $493 million from advanced Air Force procure- fered by my distinguished colleagues Mr. DEL- detailed in a report released last month by ment for additional B±2 bomber funding. LUMS and Mr. KASICH. My comments today are the Center for Responsive Politics, a liberal, My opposition to additional B±2 funding is straightforward: The B±2 is no longer needed, Washington, D.C.-based public interest group. based largely on the great fiscal constraints it does not work property, and the scarce The group’s campaign figures went to April facing our Nation and the reality that these American dollars that fund it should be better 30. Defense Week reviewed donations made in budget limits may eventually require that we spent. May and June. The June donations were revise our adherence to the current two-war The B±2 bomber belongs in a museum. It made primarily in three clusters, on June 2, strategy. The most pressing problem facing was designed as a long-range bomber to at- June 26 and June 29. The House vote was the Federal Government is the $5 trillion na- tack the Soviet Union after a nuclear war. It is June 13. tional debt and the need to balance the budg- nothing short of a travesty that the threat to The Northrop Grumman donations consist et. Given the pressing need to reduce the defi- our wallets has not subsided along with the mainly of $500 amounts. The largest figures have gone to members of the congressional cit, it will be very hard to maintain current de- demise of our cold war adversary. The pro- B–2 ‘‘core’’ support group: Reps. Ike Skelton fense spending, much less increase it signifi- posed 20 additional B±2's will cost an as- (D-Mo.), Norman Dicks (D-Wash.), Duncan cantly. Therefore, I believe it will be very dif- tounding $31 billion according to the Air Force. Hunter (R-Calif.), Jane Harman (D-Calif.), ficult to properly fund our current strategy to The 20 planes already being built are ex- Jerry Lewis (R-Calif.), Buck McKeon (R- fight two major wars simultaneously. I agree pected to cost $44 billion, but this years De- Calif.) and House Majority Leader Dick we would need closer to 30±40 B±2's for this fense authorization bill lifted the cap in the ex- Armey (R-Texas). strategy,but given a lack of an imminent global pectation they will cost even more. This all for The maximum PAC donation each could challenge from a competing superpower, let a plane that the Air Force now says it does receive under campaign spending laws is $5,000 per election and primary. alone a likely scenario under which we would not even want. Armey, for example, received the maxi- have to fight two major concurrent wars, I can- I rise to tell you the taxpayers of Detroit do mum donation on March 9. During the June not at this time support additional funding. not want this plane either. They want their star debate he praised the bomber—still only 50 I am also swayed by two 1995 studies com- schools funding back because they would percent through its testing—as a ‘‘flying missioned by the Department of Defense at rather put computers in a classroom than in a H 8620 CONGRESSIONAL RECORD — HOUSE September 7, 1995 flying turkey. The taxpayers also want their fense authorization bill that this body passed Chabot Johnston Peterson (MN) Christensen Kanjorski Petri low-income home energy assistance back. earlier this year removed the spending cap for Clay Kaptur Porter And most of all, they want their jobs back but additional B±2'sÐas well as for the 20 already Clayton Kasich Portman they will not even get that because the cuts in purchasedÐleaving the final purchase price Clement Kennedy (MA) Poshard job training made last month will keep the dangling high above us, at a level no one yet Coble Kennedy (RI) Pryce Coburn Kennelly Quinn 14,000 eligible Michigan job-seekers from re- knows. Collins (IL) Kildee Radanovich ceiving training. In light of the budget crisis facing this Na- Collins (MI) Kingston Rahall According to the General Accounting Office, tion, and in light of projected defense funding Condit Kleczka Ramstad the B±2 has failed many of its basic tests and Conyers Klink Rangel shortfalls in the tens of billions of dollars over Costello Klug Reed although I know we are talking about a bomb- the next several years, I urge my colleagues Coyne Kolbe Regula er and not a weather plane, it is important to to prove to the American people that this Con- Cremeans LaFalce Riggs mention that it cannot tell the difference be- gress is serious about bringing Federal spend- Danner Lantos Rivers Deal Largent Roemer tween a raincloud and a mountain. That does ing under control by supporting the Kasich- DeFazio Latham Ros-Lehtinen not sound like a plane that costs $2.2 billion Dellums amendment. DeLauro LaTourette Roth apiece. Mr. MARKEY. Mr. Chairman, the B±2 bomb- Dellums Lazio Roukema Many people think that every weapon is Deutsch Leach Roybal-Allard er truly is an extraordinary aircraft. After 14 Dickey Levin Rush worth voting for just because it will create years of flunking a whole series of Air Force Dingell Lewis (GA) Sabo jobs. But a Congressional Research Service performance tests, this year the B±2 has Doggett Lincoln Sanders study I commissioned a few years ago found evaded detection by Republican budget-cut- Doyle Lipinski Sanford that money spent in education, transportation, Duncan LoBiondo Sawyer ting radar, overcome Pentagon efforts to end Durbin Lofgren Schroeder or construction would create far more job than further procurement, and out-maneuvered tax- Ehlers Lowey Schumer money spent on defense. The jobs argument payer groups working for a balanced budget. Engel Luther Scott makes even less sense for the B±2 because Eshoo Markey Sensenbrenner This ``Airborne Edsel,'' however, does seem Evans Martini Serrano out of the jobs cut in aircraft manufacturing to have difficulty handling more tangible obsta- Farr Mascara Shadegg since 1989, 90 percent of them are not need- cles like rainclouds and mountainsides. Ac- Fattah McCarthy Shays ed to build the additional bombers and there- cording to a report prepared by the General Fields (LA) McDermott Shuster fore will not come back. Moreover, the recent Flake McHale Skaggs Accounting Office, the B±2's radar cannot dis- Flanagan McInnis Slaughter heavy bomber industrial capabilities study tinguish rain from other obstacles and has fall- Foglietta McNulty Smith (MI) done for the Pentagon noted that the bomber en short of meeting some of its most important Foley Meehan Smith (WA) industry is not a unique industrial base that we Ford Menendez Stark mission requirements. The GAO report indi- Frank (MA) Mfume Stenholm need to keep warm in the remote event we cates that software problems have delayed Franks (NJ) Miller (CA) Stockman ever needed to build bombers in the future. flight tests, changes in the plane's mission will Furse Miller (FL) Stokes I urge you to support this crucial amend- further increase costs, and the contractorÐ Ganske Mineta Studds ment in the name of economic security, politi- Gejdenson Minge Stupak after 9 years of productionÐis still delivering Gekas Mink Tanner cal responsibility, and just plain reality. B±2's that don't meet Air Force mission re- Gibbons Molinari Torkildsen Mr. PORTMAN. Mr. Chairman, I wish to ex- quirements. Goodlatte Moran Towns Goodling Myrick Upton press my support for the Kasich-Dellums Originally designed to drop nuclear bombs amendment to remove $493 million for ad- Gordon Nadler Velazquez on the Soviet Union, the B±2 is the plane that Greenwood Neal Vento vanced procurement for additional B±2 bomb- time forgot. The cold war's over, ChechnyaÐ Gunderson Ney Wamp ers from the national security appropriations Gutierrez Nussle Watt (NC) not world conquestÐpreoccupies Russian mili- Gutknecht Oberstar Waxman bill for fiscal year 1996. I feel this amendment tary thinkers, and the Air Force now places a represents a sound policy, in terms of both na- Hall (OH) Obey Weldon (PA) higher priority on other weapons systems. Still, Hamilton Olver White tional security and fiscal responsibility. the call for more B±2's persists. Heineman Orton Williams I recognize that real threats to the national Hilliard Owens Wise The Nation's top military officials oppose fur- security of the United States exist in the post- Hoekstra Pallone Woolsey ther procurement of B±2 bombers, including: Houghton Parker Wyden cold-war world, and I believe we must provide The Secretary of Defense, Chairman of the Hutchinson Pastor Wynn the armed services with the resources they Joint Chiefs of Staff, the Secretary of the Air Jackson-Lee Payne (NJ) Yates need to protect American citizens and the U.S. Jacobs Payne (VA) Zeliff Force, and the Air Force Chief of Staff. role in world affairs. Today, however, military Johnson (SD) Pelosi Zimmer An Air Force budget paper makes it crystal challenges are very different than they were NOES—213 just a few years ago. We must tailor our mili- clear: ``Given the current threat, there is no Ackerman Clinger Fox tary force to meet those challenges, and we military requirement for additional B±2's.'' Let's make the Stealth bomber truly invisible by Armey Clyburn Franks (CT) must do so within very strict budget con- Bachus Coleman Frelinghuysen straints. eliminating funding for more bombers. Baesler Collins (GA) Frisa An independent study recently determined, The CHAIRMAN. All time has ex- Baker (CA) Combest Frost pired. Baker (LA) Cooley Funderburk and the Air Force confirmed, that additional B± Barr Cramer Gallegly 2 bombers are not wanted or needed in order The question is on the amendment Bartlett Crane Gephardt to develop a force necessary to meet the chal- offered by the gentleman from Ohio Bateman Crapo Geren [Mr. KASICH]. Bentsen Cubin Gilchrest lenges of today's world. The Air Force has Berman Cunningham Gillmor higher priority programs that may be crowded The question was taken; and the Bevill Davis Gilman out by the purchase of additional B±2'sÐpro- Chairman announced that the noes ap- Bilirakis de la Garza Gingrich pear to have it. Bliley DeLay Gonzalez grams such as improving the B±1 and pur- Boehlert Diaz-Balart Goss chasing more smart weapons that can perform RECORDED VOTE Boehner Dicks Graham many of the functions of the B±2 in a more Mr. OBEY. Mr. Chairman, I demand a Bonilla Dixon Green cost-effective manner. And for instances recorded vote. Bono Dooley Hall (TX) Borski Doolittle Hancock where the B±2 is clearly the only suitable air- A recorded vote was ordered. Boucher Dornan Hansen craft, we can rely on the 20 B±2's already pur- The vote was taken by electronic de- Brewster Dreier Harman chased by the Air Force and currently under vice, and there were—ayes 210, noes 213, Browder Dunn Hastert Brown (CA) Edwards Hastings (FL) production. not voting 12, as follows: Brown (FL) Ehrlich Hastings (WA) It seems clear to me that the purchase of [Roll No. 639] Bryant (TX) Emerson Hayes Bunning English Hayworth additional B±2's at this time is unwise policy. AYES—210 As we in Congress strive to change the face Burton Ensign Hefley Abercrombie Barton Brown (OH) Buyer Everett Hefner of Government spending practices and reduce Andrews Bass Brownback Callahan Ewing Herger the deficit, actual costs of this program must Archer Becerra Bryant (TN) Calvert Fawell Hilleary be scrutinized. It is true that the bill before us Baldacci Beilenson Bunn Canady Fazio Hinchey today includes just under $500 million for addi- Ballenger Bereuter Burr Chambliss Fields (TX) Hobson Barcia Bilbray Camp Chapman Filner Hoke tional B±2's. The total cost of these planes, Barrett (NE) Blute Cardin Chenoweth Forbes Holden however, could exceed $20 billion. The de- Barrett (WI) Bonior Castle Chrysler Fowler Horn September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8621 Hostettler Mica Souder those who just voted to keep the B–2, I Mr. Chairman, I have a good friend Hoyer Mollohan Spence Hunter Montgomery Spratt want to urge them to remember that back home in my district, his name is Hyde Moorhead Stearns having just voted to keep the B–2, they Bob Schultz. He went ashore with the Inglis Murtha Stump have no rational choice if they are seri- Marine Corps, the 2d Marine Division, Istook Myers Talent ous about retaining the B–2 in the in Tarawa more than 50 years ago. As Jefferson Nethercutt Tate Johnson (CT) Neumann Tauzin budget. They have no rational choice we have talked about that many, many Johnson, E.B. Norwood Taylor (MS) but to vote to delay the F–22, because times, he keeps coming back to the Johnson, Sam Ortiz Taylor (NC) if they do not, there simply will not be fact that when an American goes Jones Oxley Tejeda room in the defense budget for the B–2 Kelly Packard Thomas ashore on an amphibious landing, what Kim Paxon Thompson or a lot of other things. he hopes for is that our troops control King Peterson (FL) Thornberry b 1300 the air and not the enemy, so they Knollenberg Pickett Thornton might have a good chance of surviving LaHood Pombo Thurman Mr. Chairman, I would especially the amphibious landing. Laughlin Pomeroy Tiahrt urge us all to take a look at the votes Lewis (CA) Quillen Torres One of the Marine Corps Com- Lewis (KY) Richardson Torricelli of those who vote both for the B–2 and mandants, P.X. Kelly, made the same Lightfoot Roberts Traficant the F–22, because they are clearly not point in testimony before our sub- Linder Rogers Visclosky serious about sticking to the budget committee, that the first thing that a Livingston Rohrabacher Volkmer resolution. Longley Rose Vucanovich Marine wants is for an American force This amendment would cut $1 billion Lucas Royce Walker to control the air. The F–22 is going to Manton Salmon Walsh out of the $2.3 billion being appro- Manzullo Saxton Ward be an air superiority fighter. priated for the F–22. It would delay The gentleman from Wisconsin [Mr. Martinez Scarborough Waters that program by 5 years. Matsui Schaefer Watts (OK) OBEY] is correct; the F–15 is an out- Why do I do that? It is very simple. McCollum Schiff Weldon (FL) standing aircraft. The F–16, the F–15, McCrery Seastrand Weller The F–22 is meant to replace the F–15. the F–18 are all good airplanes. How- McHugh Shaw Whitfield This F–15 is the finest fighter aircraft McIntosh Skeen Wicker ever, as the future gets closer and clos- McKeon Skelton Wilson in the world, and right now we have more than 700 of them. The GAO has er, those airplanes get older and older. Meek Smith (NJ) Wolf The technology is not as good today as Metcalf Smith (TX) Young (AK) told us that the F–15 will be fully capa- Meyers Solomon Young (FL) ble at least to the year 2015, yet the Air it will be when the F–22 comes on NOT VOTING—12 Force wants to spend over $70 billion to board. If we take the $1 billion the gen- tleman from Wisconsin is talking Allard McDade Reynolds buy 442 F–22’s. The GAO is urging that Bishop McKinney Sisisky we have a 7-year delay. about from this program, we do not Cox Moakley Tucker This amendment simply says, ‘‘Let cancel the program, we do not stop the Maloney Morella Waldholtz us have a 5-year delay in that pro- F–22, we still going to have the F–22, b 1254 gram’’. It seems to me it is eminently and the gentleman from Wisconsin con- cedes that. What we are going to do is The Clerk announced the following sensible. We will be told that there are add billions of dollars to the cost, be- pair: new threats out there to our air superi- On this vote: ority, because other countries have cause the longer that we drag out the program, the more the program costs. Mrs. Waldholtz for, with Mr. Cox of Cali- some fighters that are roughly com- fornia against. parable to the F–15. I would ask Mem- Members do not have to take my word for it. Look back at every aircraft So the amendment was rejected. bers to remember that some of the The result of the vote was announced countries who have them are Switzer- production program we have had. as above recorded. land, Israel, France, Britain, Italy, Ar- Every time we delay it or drag it out, The CHAIRMAN. Pursuant to the gentina, Brazil, hardly countries that it costs more money; we all understand order of the House of today, the next represent a threat to us. For the few we are going to have the F–22 so how do order of business is the consideration countries who do, such as Iraq and we get it the most cost-effective way? of one or more of the amendments North Korea, I would suggest they That is to provide the money now, as numbered 37, 58, 59, or 60 offered by the learned in Desert Storm that merely the Air Force wants to do, rather than gentleman from Wisconsin [Mr. OBEY]. having a few capable aircraft does not dragging it out for 5 years and adding AMENDMENT OFFERED BY MR. OBEY at all mean that you can match our to the cost and getting nothing for that Mr. OBEY. Mr. Chairman, I offer an military superiority by the time that additional cost. 1 amendment, No. 37. we take into account our training, our Mr. OBEY. Mr. Chairman, I yield 4 ⁄2 The CHAIRMAN. The Clerk will des- superior manpower, and our additional minutes to the gentleman from Massa- ignate the amendment. complementary weapons systems such chusetts [Mr. KENNEDY]. The text of the amendment is as fol- as the AWACS. Mr. KENNEDY of Massachusetts. Mr. lows: What I would say, Mr. Chairman, is Chairman, I just want to respond to the Amendment offered by Mr. OBEY: Page 28, very simple. If we want to save money, statement made by the gentleman from line 11, strike ‘‘$13,110,335,000’’ and insert if we want to listen to the GAO on how Florida [Mr. YOUNG] for whom I have a ‘‘$12,110,335,000’’. to do so, if we want to avoid buying an great deal of respect. The CHAIRMAN. Pursuant to the airplane probably a decade sooner than The fact of the matter is that this order of the House of today, the gen- we have to do it, we will vote for this airplane is designed for the wrong tleman from Wisconsin [Mr. OBEY] and amendment. This amendment does not threat. It is the wrong design. We have a Member opposed will each be recog- kill the F–22 Program. All it does is a situation where this plane was de- nized for 10 minutes. delay it for 5 years: it saves $1 billion. signed to combat the future Soviet air The Chair recognizes the gentleman It seems to me, given the crunch in threat. It was designed to combat the from Wisconsin [Mr. OBEY]. both the defense budget and the rest of serious investment that the Russians Mr. OBEY. Mr. Chairman, I yield my- the budget, it makes eminently good were threatening to make in their air self 4 minutes. sense. I urge Members to support the defense system. The F–22 is not a plane Mr. Chairman, I am going to lose big amendment. that can defend against the kinds of at- for a number of reasons, I believe. No. The CHAIRMAN. Who seeks time in tacks that Sean O’Grady faced when he 1, the F–22, which I am trying to delay, opposition to the amendment? ended up being shot out of the sky, be- is largely built in the home State of Mr. YOUNG of Florida. Mr. Chair- cause of the threats posed by SAM mis- the Speaker. Second, there are con- man, I seek time in opposition to the siles. tracts for this program in 48 States. amendment. If we are truly interested in protect- Under those circumstances, I have infi- The CHAIRMAN. The gentleman ing American pilots, the F–22 is simply nite confidence in the capacity of this from Florida [Mr. YOUNG] is recognized not the aircraft we ought to build. The House to make the wrong decision. for 10 minutes. truth of the matter is that if we are Nonetheless, Mr. Chairman, I want to Mr. YOUNG of Florida. Mr. Chair- going to be concerned about the air urge every single Member, especially man, I yield myself 4 minutes. threat to this country, the F–16 is the H 8622 CONGRESSIONAL RECORD — HOUSE September 7, 1995 plane that needs to be dealt with. The to increase the capability of the F–15 well into the 21st century. I would F–16 is a low technology plane. We own for the next few years. That will ac- challenge GAO, in the year 2015, if they hundreds. It is also a very old aircraft. complish the goals that I think the think the F–15, as great a fighter as it Sometime, according to the Air Force’s gentleman from Florida [Mr. YOUNG] is is today, will maintain air superiority own estimate, within the next 5 or 6 looking to accomplish. The alternative against the advances in technology years, we are going to have to start re- is simply throwing good money after that will in fact have come about for placing them by the hundreds. We do bad, which is what will happen if we our adversaries and potential adversar- not ever have a design for the replace- build the F–22 as we see it today. ies, I challenge them to ride in those ment of the F–16. The CHAIRMAN. The gentleman F–15’s in combat missions in the year What we have done is gone out and from Wisconsin [Mr. OBEY] has 2 min- 2015. I do not think we will find any taken a design that was conceived to utes remaining, and the gentleman takers. We will not find any takers be- protect the American people from the from Florida [Mr. YOUNG] has 8 min- cause, as magnificent an aircraft as the Soviet air attack, and we have twisted utes remaining and the right to close. F–15 is, and I have flown in them, it and cajoled that design into an air- Mr. YOUNG of Florida. Mr. Chair- will not be adequate, neither through plane that is supposed to defend us man, I yield 2 minutes to the gen- its air frame nor through its electronic against the kinds of attacks that we tleman from Texas [Mr. BONILLA], a countermeasures, to sustain air superi- are seeing in Bosnia, in Iran or poten- distinguished member of the Sub- ority into the year 2015. tially Iraq, or other countries that po- committee on National Security of the We need the F–22, this country needs tentially threaten the United States Committee on Appropriations. the F–22, our friends overseas need the today. It is simply not the kind of Mr. BONILLA. Mr. Chairman, I rise F–22. If we stop or delay production, we threat that the F–22 is designed to pro- in strong opposition to this amend- will pay more for getting less in the tect us from. ment. years to come. It makes good economic Therefore, rather than spend good Mr. Chairman, the F–22 is about pre- sense. We need it. Vote for it. money after bad, that is the argument serving our freedom and liberty well Mr. YOUNG of Florida. Mr. Chair- that the gentleman from Florida [Mr. into the next century, this is about air- man, I yield 1 minute to the other dis- YOUNG] put forth. That is we have al- supremacy. tinguished gentleman from Georgia ready sunk money into the production. My colleagues we must never forget [Mr. CHAMBLISS]. But that does not mean we should con- that the price of freedom is not cheap. Mr. CHAMBLISS. Mr. Chairman, I tinue to spend good money after bad. It Americans have paid the price on the rise in strong opposition to the amend- means we ought to design a plane that beaches of Normandy and Okinawa, in ment offered by my colleague, the gen- deals with the very real threat that we the desert heat of North Africa and the tleman from Wisconsin. By slowing the face as a country in the future. frigid cold of Korea, in the jungles of development of the F–22 we unneces- The first and foremost priority is the New Guinea and Vietnam. The price we sarily put this Nation’s national secu- replacement of the F–16. The second have paid has been very high. Let no rity at risk. We send the wrong mes- priority is the high end fighter. The one say we cannot afford the F–22. We sage to the men and women who will be high end fighter must be able to cannot afford not to have the F–22. An protected by this system in the future, achieve success in attacks coming from unwise and ill-conceived budget cut and we will add significant costs to the ground launched missiles and from air today will be paid for with American taxpayer. launched missiles. That is not what the blood tomorrow. This is a cost none of As a Member of this body and a first F–22 is designed to achieve, so why in us should be willing to pay. term member of the Committee on Na- God’s name are we going to spend $74 The F–22 is a revolutionary weapon. tional Security, I have taken on a re- billion, after we have just voted to It will guarantee our future security sponsibility to this Chamber to assess spend an additional $30 billion on the and deter aggression. It will save and respond to the risks posed to the B–2, why would we possibly spend an- American lives. The choice should be people of this country. To that end, I other $74 billion on a design that is not crystal clear. Air superiority will play have come to learn in vivid detail the going to meet the real threat we face a role in America’s future security. Air threats that remain, even in the wake in the world today? superiority is essential to project of the cold war. In this critical year I think we ought to protect our pi- American power and minimize casual- when we reevaluate our defense prior- lots. I think we have to have a strong ties. Air superiority will keep the ities, Members are asked to consider national defense. However, I think we peace. The F–22 is needed. The F–22 is our present state of readiness and to ought to take the time to make certain our fighter of the future. We need it. put in place the systems that will en- that if we are going to spend $74 billion The amendment’s supporters have sure our future dominance. Mr. Chair- of the U.S. taxpayers’ funds, we spend done a good job presenting their case. man, the future is the F–22. it on the kind of plane we need. That is They have chosen the right words, the Mr. Chairman, I ask that our col- simply not what is being accomplished correct arguments, and the proper leagues send a message to the Amer- by voting for the F–22. phrases to demonstrate why we should ican people that we will protect your I would hope that the Congress of the stop funding the F–22. However, ulti- freedom at a price that we can afford. United States does not simply follow in mately their words, their arguments, Send the message to our brave lockstep simply because the dollars and their phrases fail. We cannot win servicemembers that ‘‘We are commit- have already been appropriated to get wars with words, we cannot deter ag- ted to your safety, and we will equip this thing to a point where it is close gression with arguments, and we can- you with the most advanced weapons to production. Rather, we would make not live securely protected by phrases. available.’’ I urge the rejection of this a fundamental assessment of what the We need a strong military; we need the amendment. real needs are. The gentleman from best weapons. We need the F–22. My Mr. OBEY. Mr. Chairman, I yield my- Wisconsin [Mr. OBEY] pointed out we colleagues please join me in voting for self the balance of my time. simply do not have the money in the peace, in voting for America’s future, The CHAIRMAN. The gentleman budget to fund both the B–2 bomber please join me in rejecting this amend- from Wisconsin [Mr. OBEY] is recog- and the F–22. I talked to senior people ment. nized for his remaining 2 minutes. in the Air Force just this morning and Mr. YOUNG of Florida. Mr. Chair- Mr. OBEY. Mr. Chairman, we are told they said they simply do not have the man, I yield 1 minute to the distin- this amendment to cut $1 billion is funds necessary to accomplish both. guished gentleman from Georgia [Mr. going to cost money. The fact is the If we have to make a choice, the fact BARR]. amendment saves $1 billion. The fact is of the matter is that we need to vote Mr. BARR. Mr. Chairman, I thank that the GAO, the General Accounting against the B–2 aircraft, and we ought the gentleman for yielding time to me. Office, says we ought to delay the pur- to redesign the F–22. Let’s make it into Mr. Chairman, we heard a few mo- chase of these planes for 7 years. All the kind of aircraft that meets the ments ago about a GAO report that the this amendment does is delay it for 5. types of threats we are going to face in F–15 fighter will suffice to maintain air We have heard a couple of speakers the future, and use the funds we have superiority for this great land of ours from Georgia, where this baby is going September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8623 to be built, tell us that our friends This year and last year, I asked our Oberstar Roukema Stupak Obey Roybal-Allard Thornton abroad, our foreign friends, need the F– very able staff on the Defense Sub- Olver Royce Torres 22. I find that argument ironic, because committee how much did we cut out Owens Rush Upton one of the arguments being used by the just in every line item, going through Pallone Sabo Vela´ zquez supporters of the F–22 is that they are this budget as we do in enormous de- Payne (NJ) Sanders Vento Pelosi Sawyer Volkmer saying ‘‘Well, we have to build the F–22 tail, and the same number came up, Peterson (MN) Schroeder Waters because we have sold so many F–16’s to and that is about $3.5 billion. The low- Petri Schumer Watt (NC) our allies around the world that we priority items are cut out by the De- Poshard Sensenbrenner Waxman now have to buy the F–22 to stay ahead fense Subcommittee when doing our Rahall Serrano Williams Ramstad Shays Woolsey of the threat from our own allies, be- oversight responsibility. Rangel Slaughter Wyden cause we sold too many planes I believe with that, and if we supple- Rivers Stark Wynn abroad.’’ mented the C–17 with a Rohrabacher Stokes Yates nondevelopmental aircraft, we could Roth Studds Zimmer b 1315 not only fund the F–22 but we could NOES—293 I find that argument coming back also fund the B–2. I also think we have Allard Ensign Latham and meeting itself. I also find it inter- got to make priority decisions. Any ad- Archer Everett LaTourette esting that the president of Lockheed, ministration has to decide what are the Armey Ewing Laughlin the company who is going to build this, most important things for the future. Bachus Fawell Lazio has already been saying that he is Baesler Fazio Leach The Air Force has determined in its Baker (CA) Fields (TX) Levin going to be selling this baby at the judgment that the F–22 is its most im- Baker (LA) Flanagan Lewis (CA) Paris Air Show next year. portant priority. Sometimes I disagree Baldacci Foley Lewis (KY) That tells me this is in the budget for Ballenger Forbes Lightfoot with their priorities, as we noted in the Barr Fowler Linder purposes of promoting military sales, previous vote, but I think this is a pro- Barrett (NE) Franks (CT) Lipinski to increase the profitability of military gram that is going forward very well. Bartlett Frelinghuysen Livingston contractors, and they have been careful It is a model of stealth technology and Barton Frisa Longley to subcontract this baby over 48 States Bass Frost Lucas high technology. It is the kind of weap- Bateman Funderburk Manton in the Union. That does not tell me on that we are going to need in the fu- Bentsen Gallegly Manzullo much at all about the need for this in ture. Bereuter Ganske Martinez Bevill Gejdenson Martini order to maintain U.S. air superiority. There are a lot of other systems, by Very clearly we have a huge lead and Bilbray Gekas Mascara the way, that I would rate as much Bilirakis Geren McCarthy we have a huge domination over every lower priority, and if we have to make Bliley Gibbons McCollum other military force in the world, and some hard tough decisions down the Blute Gilchrest McCrery we will continue to do so until well Boehlert Gillmor McDade road, we ought to look at those sys- Boehner Gonzalez McHugh into the next century. There is abso- tems that are basically nonstealthy. Bonilla Goodlatte McIntosh lutely no reason to refuse to save $1 The F–22 of course is stealthy and is Bono Goodling McKeon Boucher Gordon McNulty billion. the best technology for the future. We ought to take the advice of the Brewster Goss Meek I would say let us stay with this pro- Browder Graham Metcalf GAO, delay this program. If you do not gram, let us keep it moving ahead. I Brown (FL) Green Meyers do that, you do not understand the rest Brownback Greenwood Mica would urge my colleagues to reject the of the content of the budget. No one Bryant (TN) Gunderson Miller (FL) amendment of the gentleman from Bryant (TX) Gutknecht Mineta who voted to preserve the B–2 can af- Wisconsin. Bunn Hall (OH) Molinari ford to vote to keep this F–22 on pur- The CHAIRMAN. The question is on Bunning Hall (TX) Mollohan chase schedule, because if you do, there Burr Hamilton Montgomery the amendment offered by the gen- will simply not be any room for it and Burton Hancock Moorhead tleman from Wisconsin [Mr. OBEY]. Buyer Hansen Murtha the vote you just cast did not mean The question was taken; and the Callahan Harman Myers anything. Calvert Hastert Myrick Mr. YOUNG of Florida. Mr. Chair- Chairman announced that the noes ap- Canady Hastings (FL) Neal peared to have it. Castle Hastings (WA) Nethercutt man, I yield the balance of my time to Chabot Hayes Neumann the gentleman from Washington [Mr. RECORDED VOTE Chambliss Hayworth Ney DICKS], a member of the subcommittee. Mr. OBEY. Mr. Chairman, I demand a Chapman Hefley Norwood The CHAIRMAN. The gentleman recorded vote. Chenoweth Hefner Ortiz Christensen Heineman Orton from Washington is recognized for 4 A recorded vote was ordered. Chrysler Herger Packard minutes. The vote was taken by electronic de- Clement Hilleary Parker Mr. DICKS. I appreciate the gen- vice, and there were—ayes 126, noes 293, Clinger Hobson Pastor tleman yielding me the time. Clyburn Holden Paxon not voting 15, as follows: Coble Horn Payne (VA) Mr. Chairman, I am somewhat sur- [Roll No. 640] Coburn Hostettler Peterson (FL) Coleman Houghton Pickett prised that we are on the floor today AYES—126 attacking the F–22 Advanced Tactical Collins (GA) Hoyer Pombo Abercrombie Dixon Johnson (SD) Combest Hunter Pomeroy Fighter Program. The Air Force has Ackerman Doyle Johnston Costello Hutchinson Porter said that this is the most sophisticated Andrews Duncan Kanjorski Cramer Hyde Portman and yet the best program that it has Barcia Durbin Kennedy (MA) Crane Inglis Pryce managed in many, many years. Barrett (WI) Ehlers Kildee Crapo Istook Quillen Becerra Engel Kleczka Cubin Jackson-Lee Quinn I have had Darleen Druyun, the As- Beilenson Eshoo Klug Cunningham Jacobs Radanovich sistant Secretary of the Air Force, up Berman Evans Lewis (GA) Davis Johnson (CT) Reed to the office. She feels, as the contrac- Bonior Farr Lincoln de la Garza Johnson, E. B. Regula Borski Fattah LoBiondo Deal Johnson, Sam Richardson tors also feel, that this program is Brown (CA) Fields (LA) Lofgren DeLauro Jones Riggs moving along very, very smoothly. The Brown (OH) Filner Lowey DeLay Kaptur Roberts one thing they are concerned about is, Camp Flake Luther Deutsch Kasich Roemer if Congress makes a major reduction in Cardin Foglietta Markey Diaz-Balart Kelly Rogers Clay Ford Matsui Dickey Kennedy (RI) Ros-Lehtinen the funding profile for this, that you Clayton Fox McDermott Dicks Kennelly Rose will have a delay, a major delay, in the Collins (IL) Frank (MA) McHale Doggett Kim Salmon contract, and it has already stretched Collins (MI) Franks (NJ) McInnis Dooley King Sanford Condit Furse Meehan Doolittle Kingston Saxton out too far as far as I am concerned. Conyers Gephardt Menendez Dornan Klink Scarborough I believe that you could move this Cooley Gutierrez Mfume Dreier Knollenberg Schaefer program forward more rapidly. People Coyne Hilliard Miller (CA) Dunn Kolbe Schiff say, ‘‘Well, we don’t have enough Cremeans Hinchey Minge Edwards LaFalce Scott Danner Hoekstra Mink Ehrlich LaHood Seastrand money to do this.’’ Well, I would take DeFazio Hoke Moran Emerson Lantos Shadegg issue with that. Dellums Jefferson Nadler English Largent Shaw H 8624 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Shuster Tanner Walsh The CHAIRMAN. The Clerk will des- dure is paid for by the woman. What Skaggs Tate Wamp ignate the amendment offered as a sub- they do not tell you is that military Skeen Tauzin Ward Skelton Taylor (MS) Watts (OK) stitute for the amendment. hospitals are federally funded facilities Smith (MI) Taylor (NC) Weldon (FL) The text of the amendment offered as paid for with U.S. tax dollars. Smith (NJ) Tejeda Weldon (PA) a substitute for the amendment is as Smith (TX) Thomas Everything in these facilities, from Weller follows: the electricity to the equipment, even Smith (WA) Thompson White Solomon Thornberry Amendment No. 48 offered by Ms. DELAURO Whitfield the building itself, is taxpayer fi- Souder Thurman Wicker as a substitute for the amendment offered by nanced. And while there has been Spence Tiahrt Wilson Mr. DORNAN: Page 94, after line 3, insert the strong reluctance among military doc- Spratt Torkildsen following new section: Stearns Torricelli Wise SEC. 8107. None of the funds made available tors to perform any abortions, the Pen- Stenholm Traficant Wolf tagon has made it clear that they in- Stockman Visclosky Young (AK) in this Act may be used to administer any Stump Vucanovich Young (FL) policy that permits the performance of abor- tend to find a way to implement the Talent Walker Zeliff tions at medical treatment or other facili- policy—possibly by hiring civilian ob/ ties of the Department of Defense, except NOT VOTING—15 gyns to perform the abortion. This when it is made known to the Federal offi- raises additional objections regarding Bishop McKinney Reynolds cial having authority to obligate or expend the use of taxpayer money to subsidize Cox Moakley Sisisky such funds that— Dingell Morella Towns (1) the life of the mother would be endan- abortions in the military. Gilman Nussle Tucker Supporters of the DeLauro substitute Maloney Oxley Waldholtz gered if the fetus were carried to term; or (2) in the case of a medical treatment or will also argue that President Clinton’s b 1339 other facility of the Department of Defense pro-abortion executive memorandum Mr. NEAL and Mr. SCOTT changed located outside the United States, any cost was intended to ensure that service- incurred by the United States in connection women, military spouses, and depend- their vote from ‘‘aye’’ to ‘‘no.’’ with such procedure will be reimbursed from Messrs. CAMP, VOLKMER, FOX of private funds. ents have access to abortion com- parable with that of women in the Pennsylvania, HILLIARD, The CHAIRMAN. Pursuant to the United States. They also argue that CREMEANS, and BEILENSON changed order of the House of today, the gen- their vote from ‘‘no’’ to ‘‘aye.’’ Western nations have strict limits on tleman from California [Mr. DORNAN] So the amendment was rejected. obtaining abortions and that their and the gentlewoman from Connecticut The result of the vote was announced medical facilities are unsafe and un- [Ms. DELAURO] each will be recognized as above recorded. sanitary. This, Mr. Chairman, is un- for 15 minutes on the amendment and Mr. ALLARD. Mr. Chairman, on rollcall No. true. First, the military must respect on the substitute. 639, had I been present I would have voted the laws of host nations regarding The Chair recognizes the gentleman ``no.'' My pager failed to go off because of a abortion—this includes laws restricting from California [Mr. DORNAN]. battery failure. Mr. DORNAN. Mr. Chairman, I yield or prohibiting abortion. Second, The CHAIRMAN. Pursuant to the women seeking an abortion can go unanimous-consent agreement of myself such time as I may consume. Today’s debate is very simple, Mr. where they have been going for years— today, the gentleman from Wisconsin Chairman. In fact, we had this exact local facilities, such as those in Ger- [Mr. OBEY] is entitled to offer amend- same debate on June 15 of this year many, which are comparable to United ment 58, amendment 59, or amendment when the House considered the Defense States abortuaries and they kill the 61 at this time. Does the gentleman authorization bill. I had inserted lan- fetuses at less expense. from Wisconsin wish to offer any of guage in that bill to restore the Mr. Chairman, military hospitals are these amendments? Reagan-Bush policy which prohibited intended to be places that nurture, Mr. OBEY. Mr. Chairman, I can read heal, and protect all patients—born the handwriting on the wall. I will not federally funded, overseas military treatment facilities from providing and preborn. I urge my colleagues to be offering the amendments. vote down the DeLauro substitute and The CHAIRMAN. Pursuant to the abortions. When the gentlewoman from Connecticut [Ms. DELAURO] offered an vote in favor of the Dornan amendment unanimous-consent agreement of that I am offering. today, it is now in order for the gen- amendment to strike that provision, it My amendment would restore the tleman from California [Mr. DORNAN] was defeated by a bipartisan vote of 196 to offer amendment No. 3 or amend- to 230. Today’s vote is no different. I Reagan-Bush policy prohibiting the use ment No. 15 and, if offered, the gentle- repeat, Mr. Chairman. Today’s vote is of funds to administer any policy that woman from Connecticut [Ms. virtually identical to the one we had permits the performance of abortions at medical treatment or other facili- DELAURO] to offer amendment No. 48 as during debate over the DOD authoriza- a substitute therefor. tion bill. ties of the Department of Defense—ex- I understand the gentlewoman from cept when the life of the mother would AMENDMENT NO. 15 OFFERED BY MR. DORNAN Connecticut [Ms. DELAURO] is going to be in danger. Its enactment would not Mr. DORNAN. Mr. Chairman, I offer once again attempt to gut my amend- only save precious lives, it would dis- an amendment. associate taxpayers from the killing The CHAIRMAN. The Clerk will des- ment. The DeLauro substitute would business. And while we have already in- ignate the amendment. codify the proabortion executive The text of the amendment is as fol- memorandum issued by Clinton on his cluded similar language in the DOD au- lows: first working day in office, January 22, thorization bill, there are no guaran- 1993. Roe versus Wade anniversary. It tees that Clinton will sign that bill Amendment No. 15 offered by Mr. DORNAN: Page 94, after line 3, insert the following new was on that day that Clinton over- into law. So my amendment today is section: turned the Reagan-Bush policy which nothing more than an insurance policy SEC. 8107. None of the funds made available prohibited federally funded, overseas for taxpayers. It would ensure that in in this Act may be used to administer any military hospitals from being used as fiscal year 1996, American tax dollars policy that permits the performance of abor- abortion centers. So if you voted ‘‘no’’ are not used in any way to subsidize tions at medical treatment or other facili- on DeLauro during debate over the abortion in the military. So again, I ties of the Department of Defense, except DOD authorization bill, then you ask my colleagues who voted ‘‘no’’ on when it is made known to the Federal offi- the DeLauro amendment to the DOD cial having authority to obligate or expend should vote ‘‘no’’ on today’s DeLauro such funds that the life of the mother would substitute. authorization bill to once again vote be endangered if the fetus were carried to Mr. Chairman, taxpayers who oppose ‘‘no’’ on today’s DeLauro substitute. term. abortion should not be forced to sub- Let’s return our military medical fa- AMENDMENT NO. 48 OFFERED BY MS. DELAURO sidize it. But that is exactly what is oc- cilities to the status of institutions AS A SUBSTITUTE FOR THE AMENDMENT OF- curring when we permit abortions to be dedicated exclusively to healing. Mr. FERED BY MR. DORNAN performed in military medical facili- Chairman, I’ve just returned from vis- Ms. DELAURO. Mr. Chairman, I offer ties. Supporters of the DeLauro sub- iting our military folks in Slovenia, an amendment as a substitute for the stitute will tell you that no Federal Croatia, Macedonia, and Albania, and amendment. money is involved because the proce- at our bases at Naples, Aviano, and September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8625 Brindisi and when I brought this abor- Third, this is not a new policy. Pri- practice I think is very wrong, and I tion issue up everyone—every single vately funded abortions were allowed rise in support of the gentleman from military man and woman said, ‘‘Please, at military facilities from 1973 to 1988, California’s position and in opposition no money for abortion!’’ Please vote including all, but a few, months of the to the gentlewoman from Connecticut. ‘‘no’’ on DeLauro and vote ‘‘yes’’ on Reagan administration, and they have Ms. DELAURO. Mr. Chairman, I yield Dornan. Mr. Chairman, I reserve the been permitted again since President 1 minute to the gentlewoman from Col- balance of my time. Clinton’s executive order of January orado [Mrs. SCHROEDER]. Mrs. SCHROEDER. Mr. Chairman, I b 1345 19, 1993. The ban that existed from Oc- tober 1988 to January 1993 was the ex- thank the gentlewoman from Connecti- Ms. DELAURO. Mr. Chairman, I yield ception. cut [Ms. DELAURO] for yielding this myself 3 minutes, 5 seconds. The Dornan amendment is a direct time to me. I hope everyone votes for (Ms. DELAURO asked and was given attack on the rights of the American her amendment. permission to revise and extend her re- women who virtually work in serving Let me tell my colleagues first of all marks.) our country valiantly and have put DOD has a conscience clause. DOD has Ms. DELAURO. Mr. Chairman, I offer their lives on the line for this country a parental-consent clause that they this bipartisan substitute amendment ever single day. It is a backward step, vigorously enforce. There have been on behalf of myself, the gentlewoman and we must not allow it to move for- only about 10 abortions that people from Colorado [Mrs. SCHROEDER], the paid for with their own money in the gentleman from Massachusetts [Mr. ward. I urge my colleagues to ensure that entire time this was in practice. TORKILDSEN], the gentlewoman from our female military personnel and When we send people overseas, this is California [Ms. HARMAN], and the gen- their military dependents have access not voluntary. We order them to go tleman from Kentucky [Mr. WARD]. to safe and legal medical care. Vote for overseas, and no one else would toler- Our substitute amendment restores ate what the Dornan amendment is our substitute and defeat the Dornan equal access to safe medical treatment trying to do. If we said, ‘‘When you go for military servicewomen and mili- amendment. Mr. Chairman, I reserve the balance overseas, you can no longer have your tary dependents who are stationed of my time. free speech, thank you very much; overseas. It corrects language in the Mr. DORNAN. Mr. Chairman, I yield when you go overseas, you can no Dornan amendment which would ban longer have your freedom of religion, 21⁄2 minutes to the gentleman from the Department of Defense from using we don’t want you practicing religion Florida [Mr. WELDON], an Army doctor funds in the bill to administer any pol- still active in the Reserve and still ac- that would offend anybody, we don’t icy that permits abortions to be per- tively practicing his profession of de- want you to have the right to assemble formed at medical facilities except livering babies. with different groups, we don’t want when the life of the mother is in dan- Mr. WELDON of Florida. Mr. Chair- you * * *,’’ people would go crazy. They ger. would say this is our front line of de- Mr. Chairman, the Dornan amend- man, I rise in opposition to the DeLauro amendment and speak in sup- fense defending our rights, and, no ment is an assault on the woman’s matter whether we agree with what right to choose. It jeopardizes access to port of the Dornan amendment. Mr. Chairman, prior to coming here they say, or who they assemble with, safe medical care for millions of or what their religion is, we do not women who rely on military hospitals to the Congress I was practicing medi- cine in Florida, and prior to practicing want to have that enforced on them overseas. Women who joined the mili- just because they are offshore defend- tary to protect our rights should not medicine in Florida I was in the Army, in the Army Medical Corps. Indeed I ing our wonderful rights. have to check their constitutional Well, that is what my colleagues are was in the Army during the early years rights at the border. doing today. They are doing that to of the 1980’s when Reagan administra- The Dornan amendment offered women if they vote for Dornan. Vote tion policies went into effect where we today mirrors language in the Defense ‘‘no’’ on Dornan, and vote for the authorization bill that denies access to were not allowed to provide abortion DeLauro substitute. legal abortion services for all women services in military facilities, and, as a When we station military personnel over- utilizing medical facilities outside the physician, I can say that we like the seas, we do not ask them to give up their United States. This is an outrage. policy. rights to free speech, to exercise their religion, Women and their families have a con- Most physicians do not like to get in- to assemble. We don't require them to give up stitutional right to these services, and volved with the business of abortion, their legal protections against illegal searches their constitutional rights should not and that is because the vast majority and seizures. They still have the right to a be thrown aside while they are under of physicians become physicians be- speedy and public trial, a right to an attorney. the care of military hospitals. cause they want to be healers. They re- The Dornan amendment asks military women Let me emphasize several points spect human life, and they recognize and dependents to give up their legally pro- about our substitute amendment. that performing abortion is a direct tected right to choose. First of all, the substitute amend- contradiction to that principle, a value This bill does not force anyone to be in- ment would not allow Federal funds to that actually drew them into medicine. volved in an abortion against their will. Cur- be used to pay for abortions, not allow Indeed most physicians still take a rently, active duty women stationed overseas Federal funds. The Dornan amendment Hippocratic Oath where they are asked are guaranteed the same rights that they overturns current policy that allows to do no harm, but performing an abor- would have if they were stationed stateside women to use their own funds. tion is a direct contradiction of that, because they are allowed to pay the costs of Let me repeat that. They use their as well as it is a direct contradiction of an abortion in a military hospital out of their own funds to pay for abortions in over- the very principle upon which our Na- own pocket. Currently, no DOD funds can be seas military hospitals. These patients tion was founded when Thomas Jeffer- used to fund abortions unless the life of the are charged the full reimbursement son said that we are endowed by a Cre- mother is in danger. Currently, no medical per- rate for same-day surgery, more than ator with inalienable rights to include sonnel are required to perform an abortion if the cost, more than the cost of abor- the right to life. As a former Army they object to doing so, unless the life of the tion services at private facilities in physician, Mr. Chairman, I can tell my mother is at risk. Currently, the DOD cannot this country, in order to ensure that colleagues that we very much appre- perform abortions in countries where that pro- there is no Federal funding involved. ciated the support that we received cedure is illegal. Second, the substitute protects cur- from the Reagan administration in this The ban on privately paid abortions for mili- rent policy under which no medical area in that we did not have to involve tary women overseas strips women of the very providers are forced to perform abor- ourselves. rights they were recruited to protect. The ban tions due to the conscience clause that A significant percentage of the Amer- on abortions at military hospitals is unfair, dan- exists in the military services. No med- ican people are very strongly opposed gerous, and discriminatory to military person- ical personnel would be forced to par- to abortion. They feel that it is mor- nel. The ban doesn't even allow for abortions ticipate in or perform these services. It ally wrong to use taxpayer funding, in cases where the fetus is so malformed that preserves the conscience clause. even if it is indirect, to support this it will not survive birth. H 8626 CONGRESSIONAL RECORD — HOUSE September 7, 1995 I urge you to oppose the Dornan amend- using their own money to pay for abor- the defense of our Nation have the ment. tion services at military bases, just as same fundamental rights as all other Ms. DELAURO. Mr. Chairman, I yield 1 they would use their own funds to pay citizens? Can a woman in the service of minute to the gentlewoman from California for those services if they were in the her country go to a hospital and pay [Ms. HARMAN]. United States. her own money for a legal and con- (Ms. HARMAN asked and was given per- The Dornan amendment also puts the stitutionally protected abortion in a mission to revise and extend her remarks.) health of our military women at risk. safe and clean American hospital? Ms. HARMAN. Mr. Chairman, imag- Many of these women are stationed in It is time to show the voters what we ine, if you will, a female captain serv- countries where there is no access to really think of our American service- ing with distinction in the Air Force at safe and legal abortions outside of the women. Do we genuinely respect and Kunsan Air Base, Korea. Brutally raped military hospitals. A woman forced to honor them enough to allow them the off-base, she receives medical and psy- seek an abortion to local facilities, or same rights any civilian has? Or are all chological treatment there, and may forced to wait to travel to acquire safe our statements of respect and grati- even receive more sophisticated OB/ abortion services, faces tremendous tude to our servicewomen just more GYN treatment at the United States health risks. cheap rhetoric for use during campaign medical facility at Osan or at Yakota It is unimaginable to me and to the Amer- season or when we want the taxpayers Air Base, Japan. ican people that we would reward American to buy a weapons system the Pentagon If, however, she discovers later that servicewomen who have volunteered to serve says it doesn’t need? she is pregnant as the result of the this Nation by violating their constitutional right Let’s honor our servicewomen with rape, she will be unable to terminate to a safe abortion. I urge you to support the more than just hollow rhetoric; let’s the pregnancy at the Air Force hos- DeLauro amendment and to reject the Dornan respect their fundamental rights. Vote pital at Osan or Yakota if the Dornan amendment. ‘‘yes’’ on the DeLauro substitute. amendment is adopted. And she’d be Ms. DELAURO. Mr. Chairman, I yield b endangering her life if she went to a 1400 1 minute to the gentleman from Massa- substandard local off-base facility. Ms. DELAURO. Mr. Chairman, I yield chusetts [Mr. TORKILDSEN], a cosponsor In fact, this woman would be treated such time as she may consume to the of the amendment. as a second-class citizen—forced to gentlewoman from California [Ms. Mr. TORKILDSEN. Mr. Chairman, I rise today with regret that this House travel on her own back to the United PELOSI]. is once again using important debate States to obtain the kind of medical (Ms. PELOSI asked and was given time reserved for national security procedure guaranteed under our Con- permission to revise and extend her re- concerns to address the socially divi- stitution to all other American women. marks.) sive issue of abortion. We have been For women, the Dornan amendment Ms. PELOSI. Mr. Chairman, I rise in through this same debate several times makes wearing a uniform a liability. strong opposition to the Dornan in committee and on the floor. In fact, That, indeed, may be the recruiting amendment and in strong support of the Senate addressed this question and poster designed by the gentleman from the DeLauro substitute. voted to delete the restriction in the California. ‘‘Abandon your rights, all Ms. DELAURO. Mr. Chairman, I yield Armed Services Committee. I urge my ye women who enter.’’ 1 minute to the gentlewoman from Or- colleagues to do the same by support- I strongly support the amendment of egon [Ms. FURSE]. ing the DeLauro amendment. Ms. FURSE. Mr. Chairman, I rise in my colleague from Connecticut to af- The language in this bill relegates support of the DeLauro amendment. firm current policy. Under current pol- our servicewomen and the wives of Mr. Chairman, the Dornan amend- icy, neither Federal funds are used nor servicemen to the status of second- ment makes women in the military are health professionals required to class citizens. It also represents con- perform abortions. Under current pol- second-class citizens. Our military per- gressional tampering at its worst. A icy, expenses are borne entirely by the sonnel should not have to risk their women’s right to choose is the law of servicewoman or dependent. health nor sacrifice their civil rights the land—whether we agree or not. This is a matter of fairness and equal when they serve their country. A ban Congress has no right to deny a basic access to medical facilities. Service- on women getting abortions in mili- law to women simply because they are women and military dependents sta- tary facilities overseas, even if they stationed abroad. The DeLauro amend- tioned overseas don’t want or expect pay for it themselves, is discrimina- ment would apply current law to the special treatment or special rights, tory, and it prohibits women from ex- military. Only private money could be only the ability to exercise rights guar- ercising their legal rights simply be- used for abortion services, and no Fed- anteed by Roe versus Wade, at medical cause they are stationed overseas. eral money could be used. As a Hyde facilities convenient to their post. Women stationed overseas are often amendment supporter, I agree with Remember the female captain sta- situated in areas where local facilities that policy. tioned in Korea or another country far are inadequate or they are unavailable. I urge my colleagues to reject the so- from the United States. The free exer- The DeLauro amendment protects cial agenda embodied in this language. cise of her constitutional rights should military women’s health. We should do Support current military policy—vote not be inversely related to her distance no less, Mr. Chairman. We should vote for the DeLauro amendment. from America’s shores. for this DeLauro amendment. Mr. DORNAN. Mr. Chairman, I yield Vote for the DeLauro amendment. Ms. DELAURO. Mr. Chairman, I yield myself 30 seconds. Ms. DELAURO. Mr. Chairman, I yield 1 minute to the gentleman from New Mr. Chairman, my good friend, the 1 minute to the gentlewoman from New York [Mr. NADLER]. last speaker, said we were wasting pre- York [Mrs. LOWEY]. (Mr. NADLER asked and was given cious national security time. Mr. (Mrs. LOWEY asked and was given permission to revise and extend his re- Chairman, we lost 618,000 American permission to revise and extend her re- marks.) lives in the Civil War between the marks.) Mr. NADLER. Mr. Chairman, I rise in States; we lost about 312,000 precious Mrs. LOWEY. Mr. Chairman, I rise in support of the substitute offered by the lives in World War II. Together that support of the DeLauro amendment, gentlewoman from Connecticut, and does not equal 1 million. We kill 1.5 which strikes language that bars mili- ask unanimous consent to revise and million American babies in their moth- tary women and dependents overseas extend my remarks. ers’ wombs every year. The death toll, from purchasing abortion services with Today, after all the pious speeches since the fraudulent, based-on-a-lie their own money. I urge my colleagues about the honor and bravery and sac- Roe versus Wade decision, we have to support this amendment and to re- rifice of Americans who wear the uni- killed about 35 million babies. ject the Dornan amendment. form of this great Nation overseas, we Mr. Chairman, this is an excellent The Dornan amendment goes much have reached one of those defining mo- use of time. further than simply limiting the use of ments of truth. Ms. DELAURO. Mr. Chairman, I yield Government funds. It actually bars The question is, Should brave Ameri- 1 minute to the gentleman from Ken- military women and dependents from cans ready to lay down their lives in tucky [Mr. WARD]. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8627 Mr. WARD. Mr. Chairman, I thank I respect my colleagues on both sides tricity powering the facility’s equip- the gentlewoman for yielding time to of the aisle who oppose abortion for ment, to the very building itself. me. moral or religious reasons. But this In addition, abortion—while declared Mr. Chairman, we need to be clear summer I have witnessed an unprece- legal by the Supreme Court—remains a about a number of matters with regard dented move by moderate Republicans very divisive practice, and allowing to this amendment. The first and most to join with their conservative col- abortions to be performed on military important is no Federal funds will be leagues in an all-out attack on wom- installations would bring that discord used to provide these services. The sub- en’s reproductive rights. Members who and dissension right onto our military stitute that is being offered by the gen- for years have professed to support the bases, complete with pickets and the tlewoman from Connecticut relates rights to choose have voted to deny en- like. only to the use of private funds. No tire groups of women—like federal em- Some would also argue that it is es- medical providers will be forced to per- ployees—access to safe abortions. Time pecially offensive to make the mili- form this procedure. No one will be and time again they have sacrificed tary—an institution dedicated to pre- forced to perform this procedure. All women’s constitutional rights for po- serving innocent life by deterring ag- branches of the military have con- litical, not moral ambitions. gression—the provider of a procedure science clause provisions that permit Allowing military women to pay for that ends innocent life. medical personnel who have moral, re- their own abortions abroad is not a While it is offensive, I think that the ligious, or ethical objections to this radical idea. The DeLauro amendment core principle at issue today—whether procedure to opt not to perform it. The will simply continue to permit women the Government is obligated to provide substitute preserves this clause. who are voluntarily serving our coun- a right—goes beyond the unique cir- Mr. Chairman, this will keep mili- try to practice the right to choose and cumstances of the military. The free- tary servicewomen and military de- to pay for that right themselves. dom of the press guaranteed by the pendents out of back alleys by allowing Please do not continue to sacrifice first amendment, for example, does not them access to safe, legal, and com- women’s constitutional rights in the obligate the Federal Government to prehensive reproductive services. I Republican fight to maintain control of provide every interested American urge support of the DeLauro amend- Congress. Women don’t deserve to be with a printing press. Pushing this no- ment. the losers in the political battle be- tion further, I ask, should we allow Mr. DORNAN. Mr. Chairman, I yield tween Democrats and Republicans in military facilities to be used for pros- 1 minute to my distinguished col- Washington. titution where it is otherwise legal? I league, the gentlewoman from Califor- Mr. DORNAN. Mr. Chairman, I yield think not. nia [Mrs. SEASTRAND]. 21⁄2 minutes to the gentleman from In- Congress has the clear responsibility Mrs. SEASTRAND. Mr. Chairman, I diana [Mr. HOSTETTLER], my distin- under the Constitution to provide for rise in strong support of the Dornan guished colleague from the Sub- the rules and regulations of the mili- amendment to the Department of De- committee on Military Personnel. tary. We must not make it the policy fense authorization bill. (Mr. HOSTETTLER asked and was of the United States to use its military As my colleague from California has given permission to revise and extend facilities to destroy an innocent accurately pointed out, we have al- his remarks.) preborn life. ready had this debate and the pro- Mr. HOSTETTLER. Mr. Chairman, I For this reason, Mr. Chairman, I will ponents of forcing taxpayers to pay for rise in strong support of the Dornan vote in favor of the Dornan amendment overseas abortions came out on the los- amendment and in opposition to the and against the DeLauro amendment. I ing end. DeLauro amendment. Mr. Chairman, in urge all my colleagues to do the same. The facts today are no different than the Defense authorization bill passed Ms. DELAURO. Mr. Chairman, I yield they were 21⁄2 months ago. There is no earlier this year this Congress placed myself 10 seconds. reason why the American people—most limits on the use of U.S. military fa- Mr. Chairman, the Federal Govern- of whom oppose abortion on demand— cilities for the practice of abortion. We ment is obligated to honor the con- should be compelled to pay for abor- now face this very same issue in the stitutional rights of women who serve tions overseas and no reason for the context of appropriations. in the military overseas. The Dornan U.S. Government to sponsor these Those who oppose these limits argue amendment denies their constitutional abortions. that their position is simply a ‘‘matter rights. The Dornan language merely goes of fairness.’’ Despite my questioning Mr. Chairman, I yield 30 seconds to back to the more rationale and humane whether we can have any substantive the gentleman from Texas [Mr. BENT- policy that was in place during the discussion of fairness without includ- SEN]. Reagan-Bush years. That policy pro- ing the preborn, and despite my pro- (Mr. BENTSEN asked and was given hibited federally funded, overseas mili- found disagreement with the Supreme permission to revise and extend his re- tary treatment facilities from provid- Court’s reasoning in the Roe versus marks.) ing abortions. Moreover, that policy al- Wade decision, I want to concentrate Mr. BENTSEN. Mr. Chairman, I rise lowed DOD medical facilities to do on what I see as the real issue at hand. in strong support of the DeLauro what they are supported to do—provide The Supreme Court has told us that amendment to preserve the right to the services necessary to heal the sick we have to allow the killing of preborn choose for women who serve our coun- and injured. children. It has not, however, told us try in the military. And I rise in strong I urge my colleagues to support the that Government has an obligation to opposition to the Dornan amendment Dornan amendment. provide this service. The DeLauro to take away that right. Mrs. DELAURO. Mr. Chairman, I amendment, I believe, would obligate The Dornan amendment is yet an- yield myself 5 seconds. the United States to make sure abor- other step in the continuing stealth Mr. Chairman, I would just like to re- tion services and facilities are avail- campaign to take away the right to iterate that there are no public funds able at U.S. military bases. choose for all women. The anti-choice involved in this effort. It is the funds, There are many reasons why we forces in this House already have voted private funds, of the women who serve should not obligate the military to pro- to take away that right for poor in our military who serve overseas, no vide facilities and services for abor- women and for women who work for public funding. tion. For example, despite the assur- the Federal Government. Mr. Chairman, I yield 1 minute to the ances from the other side, I believe it is But I find the Dornan amendment to gentleman from Massachusetts [Mr. hard to argue there is no subsidy of be especially offensive because it takes MEEHAN]. abortion by U.S. taxpayers in this case. away the freedom to choose from Mr. MEEHAN. Mr. Chairman, I rise I believe there is a subsidy, though it women who risk their lives to defend today in support of the DeLauro may be indirect, because everything in all of our freedoms. The Dornan amendment to allow women in the our military medical systems is tax- amendment makes a mockery of our armed services access to safe abortions payer-funded—from the doctor’s edu- Constitution and the right to freedom, abroad at their own expense. cation and availability, to the elec- fairness, and equality enshrined in it. H 8628 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Once again, I challenge those who op- This vote poses two simple yet fun- amendment. This is a very sensitive pose a woman’s right to choose to have damental questions: First, when Con- question and I certainly respect both the courage of their convictions and gress encounters one of those rare sides. My wife and I would not choose bring it up for an up-or-down vote. questions on which the Federal judici- abortion for our family. We just had a Ms. DELAURO. Mr. Chairman, I yield ary has not mandated a proabortion baby. My wife gave birth at age 41, but 30 seconds to the gentleman from Cali- policy, will we have the courage to I wanted to say something. People who fornia [Mr. FAZIO]. stand for innocent human life? are opposed to abortion do not have a Mr. FAZIO of California. Mr. Chair- Second, is it consistent with the mis- right, in my opinion, to force their be- man, this is one of the saddest debates sion of our Armed Forces, a mission liefs on everybody else. that we have on this floor, usually that is justifiable only insofar as it is Mr. Chairman, the thing about the twice a year. Since we did away with designed to save and protect human United States is that people have indi- the draft we asked for volunteers, and lives, to be deeply involved in the en- vidual rights and individual freedoms. of course in the modern era that means terprise of killing unborn children? If you do not believe in abortion, then we have many women serving in our Unfortunately, on January 22, 1993, it is your right not to have one. Women military. All we are talking about here our military hospitals were turned into in the military ought to be treated like is protecting and preserving their con- abortion mills by the President of the every other citizen. They ought to have stitutional right, as has been enumer- United States when he reversed a well the freedom to choose. ated by our Supreme Court, to use settled prolife policy. Since then, how- Ms. DELAURO. Mr. Chairman, I yield medical facilities that are clean and ever, and I am glad to say, many of our 30 seconds to the gentleman from Cali- safe overseas should they have the courageous military obstetricians and fornia [Mr. FARR]. tragic requirement of needing an abor- nurses and anesthesiologists around Mr. FARR. Mr. Chairman, I rise in tion. the world have refused. I say again support of the DeLauro substitute Mr. Chairman, this is not public have refused to comply with that death amendment and in opposition to the funding. It is their money. The ought order. They understand that their job Dornan amendment. to be safe in the assignment of the tax- is to be healers first and always. They Mr. Chairman and my colleagues, it payers money. regard it as inconsistent and hypo- is patently unfair that American b 1415 critical to heal innocent people in one women cannot obtain medical serv- room and kill them in the next. They ices—medical services that are legal Ms. DELAURO. Mr. Chairman, I yield know a house divided against itself will under the American Constitution and 30 seconds to the gentlewoman from not stand. American laws—at American medical California [Ms. WOOLSEY]. By adopting the Dornan language, this facilities just because these women are Ms. WOOLSEY. Mr. Chairman, I rise House will take its stand with these healers, stationed overseas. today in strong support of the DeLauro these true health professionals, and bear wit- Our Government has long advocated the amendment. I would like to remind this Congress ness to their courage and vision. DOD hos- elimination of discrimination and unequal treat- that the Constitution applies to all pitals and health care facilities will once again ment. We have long advocated access to safe Americans, including members of the be institutions exclusively dedicated to healing. and sound medical services. The Dornan Armed Forces. The DeLauro amendment makes a false amendment is overtly discriminatory; it is Women soldiers who serve our coun- distinction based not on what happens in an overtly unequal and it is overtly unsafe and try overseas have access to a full range abortion, not on who does the abortion, but on unsound. of reproductive services. The DeLauro who provides the cash. This amendment says, This amendment is not about grant- amendment allows them to use their in effect, that it is moral to tear a child limb ing special rights to women stationed own money in overseas hospitals. from limb as long as somebody else is paying overseas. It’s about fairness. It’s about Pass the DeLauro amendment. Pro- for it. It pretends that the United States is not making sure that American women tect a military woman’s right to really taking sides if it turns its hospitals into overseas are not classified as second choose. abortion mills, provided that they break even. class citizens by their Government, the Mr. DELAURO. Mr. Chairman, I yield This distinction is based on a fundamental Government for which they provide de- 30 seconds to the gentleman from Vir- misunderstanding of what is at stake here, of fense from foreign aggression. ginia [Mr. MORAN]. what is at stake in every single abortion. I support the DeLauro substitute be- Mr. MORAN. Mr. Chairman, do you Mr. Chairman, the law has a teaching func- cause I support women as full and think for a moment that if men could tion. It teaches by example. If the United equal citizens of this country. To vote get pregnant that we would be spend- States chooses to turn its military hospitals otherwise, is to insult the women of ing a moment here to discuss whether into abortion mills, it sends a powerful mes- America in the worst way possible. our men in the military would have the sage to women and girls that abortion is not The CHAIRMAN. The gentlewoman right to use their own money to go to only a choice that they are allowed under the from Connecticut [Ms. DELAURO] has 45 military hospitals to have one of the Supreme Court's decisions, but an acceptable seconds remaining. most personal, private operations pos- choice. By taking its hospitals out of the abor- Ms. DeLAURO. Mr. Chairman, I yield sible performed on their bodies? The tion business, the United States can send the myself the balance of my time. answer is no. opposite messageÐa message of healing, of I would like to emphasize that this Mr. Chairman, we do not know the compassion, of justice for each person, born amendment is not about public funding circumstance of pregnancy of these and unborn. and its is not about special treatment, women. We do not know the health cir- Each of us is called upon today to take a it is about fairness. That is what it is cumstances that are unique to them, stand one way or the other: For life or for about. The substitute amendment pre- and the reality is this ought to be left death. The DeLauro amendment attempts to serves the right to choose and it pre- to them. They have a constitutional tell us that we can be neutral on this question, serves safe health care for American right, let us support it. but this is not one of the questions on which military women. Ms. DELAURO. Mr. Chairman, I re- we can remain neutral. I urge my colleagues Women who serve in the military to serve the balance of my time. to choose life. Please vote ``no'' on the protect our rights, to protect our lib- Mr. DORNAN. Mr. Chairman, I yield DeLauro amendment and ``yes'' on the Dornan erty, should not have to check those 1 minute to the gentleman from New amendment. rights, their constitutional rights, at Jersey [Mr. SMITH] who has just re- Vote ‘‘yes’’ on the Dornan amend- our border when they go overseas to turned from a sterling performance in ment, ‘‘no’’ on the DeLauro amend- protect us. They deserve good quality China. ment. and the best medical care and they (Mr. SMITH of New Jersey asked and Ms. DELAURO. Mr. Chairman, I yield have that right under our Constitution. was given permission to revise and ex- 30 seconds to the gentleman from New I urge my colleagues to support this bi- tend his remarks.) York [Mr. ENGEL]. partisan substitute amendment and to Mr. SMITH of New Jersey. Mr. Chair- Mr. ENGEL. Mr. Chairman, I rise in defeat the Dornan amendment. man, I thank my friend for yielding strong support of the DeLauro amend- Mr. DORNAN. Mr. Chairman, I yield time to me. ment and opposition to the Dornan myself 15 seconds. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8629 Mr. Chairman, every consultant who tary is bound to respect the laws of host coun- Petri Schroeder Torricelli has made it to heaven or is in the other tries including any restriction on abortions. Pickett Schumer Towns Pomeroy Scott Velazquez place will tell you that the first thing Furthermore, United States women overseas Porter Serrano Vento they learn is do not be a flip-flopper, may continue, as they have for years, to go to Pryce Shaw Visclosky and here is the list of how 230 people Germany and use facilities there that are just Ramstad Shays Waters Rangel Skaggs voted before. This is not a mockery to as safe as anywhere in the United States. Watt (NC) Reed Slaughter Waxman Richardson Spratt the Constitution. The mockery was It is clear that military doctors want nothing White Rivers Stark aging, retired Harry Blackmun finding to do with aiding the destruction of unborn Williams Rose Stokes Wise a right to kill innocent precious human children and that the majority of the American Roukema Studds life in the womb. I hope he has a good people do not want their tax dollars to sub- Roybal-Allard Tanner Woolsey lawyer when he meets St. Peter. sidize abortion either directly or indirectly. We Rush Thomas Wyden Wynn Mr. Chairman, I yield the balance of have a responsibility to ensure that our military Sabo Thompson Sanders Thurman Yates my time to the gentleman from Illinois facilities are allowed to be completely dedi- Sawyer Torkildsen Zeliff [Mr. HYDE]. cated to healing people, not aiding in their de- Schiff Torres Zimmer The CHAIRMAN. The gentleman struction. I urge my colleagues to support the NOES—224 from Illinois [Mr. HYDE] is recognized Dornan amendment to H.R. 2126. for 1 minute and 15 seconds. Allard Gekas Norwood The CHAIRMAN. The question is on Archer Goodlatte Nussle (Mr. HYDE asked and was given per- the amendment offered by the gentle- Armey Goodling Oberstar mission to revise and extend his re- woman from Connecticut [Ms. Bachus Goss Ortiz marks.) DELAURO] as a substitute for the Baker (CA) Graham Orton Mr. HYDE. Mr. Chairman, this is Baker (LA) Gutknecht Oxley amendment offered by the gentleman Ballenger Hall (OH) Packard more than a legal or a constitutional from California [Mr. DORNAN]. Barcia Hall (TX) Parker question, although it certainly is that. The question was taken; and the Barr Hamilton Paxon It is a moral question. I do not think Chairman announced that the noes ap- Barrett (NE) Hancock Peterson (MN) anybody who claims to be human can Bartlett Hansen Pombo peared to have it. Barton Hastert Portman be indifferent to the proposition that a RECORDED VOTE Bereuter Hastings (WA) Poshard tiny, vulnerable, defenseless unborn Bevill Hayes Quillen Ms. DELAURO. Mr. Chairman, I de- life is being crushed, is being de- Bilbray Hayworth Quinn mand a recorded vote. Bilirakis Hefley stroyed, is being exterminated in an Radanovich A recorded vote was ordered. Bliley Heineman Rahall abortion and be indifferent to that. Blute Herger Pursuant to clause 2(c) of rule XXIII, Regula That is the one missing factor in all of Boehner Hilleary Riggs the Chair may reduce to a minimum of Bonilla Hobson the reasoned arguments on the Roberts 5 minutes the time for electronic vot- Borski Hoekstra Roemer proabortion side. ing, if ordered, on the underlying Dor- Browder Hoke Rogers Mr. Chairman, they talk about wom- Brownback Holden nan amendment without intervening Rohrabacher en’s rights, they talk about safe abor- Bryant (TN) Hostettler Ros-Lehtinen tion, but they totally forget the invisi- business or debate. Bunn Hutchinson Roth The vote was taken by electronic de- Bunning Hyde Royce ble element, the unborn child. That is Burr Inglis vice, and there were—ayes 194, noes 224, Salmon not a nothing. The term safe abortion Burton Istook Sanford is an oxymoron. It is terminal for the not voting 16, as follows: Buyer Johnson, Sam Saxton [Roll No. 641] Callahan Jones Scarborough unborn child. Calvert Kanjorski Schaefer AYES—194 Camp Kaptur What is safe about being sucked out Seastrand Canady Kasich of a mother’s womb and thrown away Abercrombie Engel Kelly Sensenbrenner Chabot Kildee Ackerman Eshoo Kennedy (MA) Shadegg with the trash? Abortions are evil. Chambliss Kim Andrews Evans Kennedy (RI) Shuster They are not a benign neutral act. Chenoweth King Baesler Farr Kennelly Skeen Christensen Kingston They take a human life that has been Baldacci Fattah Kleczka Skelton Chrysler Klink guaranteed the right to life in our Dec- Barrett (WI) Fawell Klug Smith (MI) Clinger Knollenberg Bass Fazio Kolbe Smith (NJ) laration of Independence as inalien- Coble LaFalce Becerra Fields (LA) Lantos Smith (TX) able. Why is that erased in all of our Coburn LaHood Beilenson Filner Leach Smith (WA) contemplation? Bentsen Flake Levin Collins (GA) Largent Combest Latham Solomon Do not euphemize reproductive Berman Foglietta Lewis (GA) Souder Boehlert Foley Lincoln Cooley LaTourette rights. There is nothing reproductive Costello Laughlin Spence Bonior Ford Lofgren Stearns about abortion. That is reproductive Bono Fowler Longley Crane Lazio Crapo Lewis (CA) Stenholm denial. Boucher Frank (MA) Lowey Stockman Brewster Franks (CT) Luther Cremeans Lewis (KY) Vote for Dornan against DeLauro. Cubin Lightfoot Stump Brown (CA) Franks (NJ) Markey Stupak Mrs. VUCANOVICH. Mr. Chairman, the men Brown (FL) Frelinghuysen Martinez Cunningham Linder and women who serve as military doctors in Davis Lipinski Talent Brown (OH) Frost Martini Tate our armed services take an oath to save and Bryant (TX) Furse Matsui de la Garza Livingston Deal LoBiondo Tauzin defend lives. The majority of doctors in the Cardin Gejdenson McCarthy Taylor (MS) Castle Gephardt McDermott DeLay Lucas military do not want to participate in the willful Diaz-Balart Manton Taylor (NC) Chapman Geren McHale Tejeda Clay Gibbons Dickey Manzullo destruction of human life. Despite the great re- McHugh Thornberry Clayton Gilchrest McInnis Doolittle Mascara luctance of doctors to perform abortionsÐthe Thornton Clement Gilman Meehan Dornan McCollum Tiahrt Pentagon, under the direction of the Clinton Clyburn Gonzalez Meek Doyle McCrery Traficant administration, is insisting that a way be found Coleman Gordon Menendez Dreier McDade Upton Collins (IL) Green Meyers Duncan McIntosh to allow abortion on demand at our military fa- Volkmer Collins (MI) Greenwood Mfume Ehlers McKeon cilities. While women seeking an abortion Vucanovich Condit Gunderson Miller (CA) Emerson McNulty Walker must pay for the procedureÐhaving the proce- Conyers Gutierrez Miller (FL) English Metcalf Walsh dure take place at a military hospital raises Coyne Harman Mineta Ensign Mica Wamp Cramer Hastings (FL) Minge Everett Mollohan concerns regarding the use of taxpayer money Watts (OK) Danner Hefner Mink Ewing Montgomery to subsidize abortion-related expenses. DeFazio Hilliard Molinari Fields (TX) Moorhead Weldon (FL) The Dornan language would insure the res- DeLauro Hinchey Moran Flanagan Murtha Weldon (PA) toration of a Reagan-Bush policy which stated Dellums Horn Nadler Forbes Myers Weller Fox Myrick Whitfield that overseas U.S. military medical facilities Deutsch Houghton Obey Dicks Hoyer Olver Frisa Neal Wicker could not be used to perform abortionsÐex- Dixon Jackson-Lee Owens Funderburk Nethercutt Wolf cept to save the life of the mother. Opponents Doggett Jacobs Pallone Gallegly Neumann Young (AK) of the Dornan provision may argue that many Dooley Jefferson Pastor Ganske Ney Young (FL) nations hosting U.S. military bases may have Dunn Johnson (CT) Payne (NJ) Durbin Johnson (SD) Payne (VA) NOT VOTING—16 limits on abortion, making it difficult to obtain Edwards Johnson, E. B. Pelosi Bateman Cox Gillmor this procedure safely. However, the U.S. mili- Ehrlich Johnston Peterson (FL) Bishop Dingell Hunter H 8630 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Maloney Reynolds Ward Kasich Neal Skelton Thurman Visclosky Woolsey McKinney Sisisky Wilson Kildee Nethercutt Smith (MI) Torkildsen Ward Wyden Moakley Tucker Kim Neumann Smith (NJ) Torres Watt (NC) Wynn Morella Waldholtz King Ney Smith (TX) Torricelli Waxman Yates Kingston Norwood Smith (WA) Towns White Zeliff b 1444 Kleczka Nussle Solomon Velazquez Williams Zimmer Klink Oberstar Souder Vento Wise Mr. HORN, Ms. DUNN of Washington, Knollenberg Ortiz Spence NOT VOTING—17 and Mr. THOMAS changed their vote LaFalce Orton Spratt from ‘‘no’’ to ‘‘aye.’’ LaHood Oxley Stearns Bishop Maloney Sisisky Largent Packard Blute McKinney Stenholm Tucker So the amendment offered as a sub- Latham Parker Cox Moakley Stockman Waldholtz stitute for the amendment was re- LaTourette Paxon Dingell Morella Waters jected. Laughlin Peterson (MN) Stump Fattah Petri Stupak Wilson The result of the vote was announced Lazio Pombo Flake Reynolds Lewis (CA) Portman Talent as above recorded. Lewis (KY) Poshard Tate b 1452 f Lightfoot Quillen Tauzin Linder Quinn Taylor (MS) So the amendment was agreed to. Taylor (NC) The result of the vote was announced PERSONAL EXPLANATION Lipinski Radanovich Livingston Rahall Tejeda as above recorded. Mr. WARD. Mr. Chairman, during rollcall LoBiondo Regula Thornberry The CHAIRMAN. At the conclusion vote No. 641 on H.R. 2126 I was unavoidably Lucas Riggs Tiahrt Manton Roberts Traficant of the debate on the last amendment, 2 detained. Had I been present I would have Manzullo Roemer Upton hours and 38 minutes are remaining for voted ``aye.'' I ask unanimous consent that my Mascara Rogers Volkmer debate on further amendments to this statement appear in the RECORD immediately McCollum Rohrabacher Vucanovich bill. McCrery Ros-Lehtinen Walker following rollcall vote No. 641. McDade Title III is open to amendment at Roth Walsh McIntosh Royce f Wamp any point. McKeon Salmon Watts (OK) AMENDMENT NO. 72 OFFERED BY MR. SCHUMER PERSONAL EXPLANATION McNulty Sanford Metcalf Saxton Weldon (FL) Mr. SCHUMER. Mr. Chairman, I offer Mr. PETRI. Mr. Chairman, I ask that Mica Scarborough Weldon (PA) Weller an amendment. a statement appear in the RECORD fol- Mollohan Schaefer The CHAIRMAN. The Clerk will des- Montgomery Seastrand Whitfield lowing rollcall 641 indicating that, Moorhead Sensenbrenner Wicker ignate the amendment. though I was recorded as voting ‘‘aye’’ Murtha Shadegg Wolf The text of the amendment is as fol- it was my intention to vote ‘‘no,’’ on Myers Shuster Young (AK) lows: Myrick Skeen Young (FL) the amendment. Amendment No. 72 offered by Mr. SCHU- The CHAIRMAN. The question is on NOES—191 MER: Page 16, line 14, after the dollar amount, the amendment offered by the gen- Abercrombie Foley McHale tleman from California [Mr. DORNAN]. Ackerman Ford McHugh insert the following: ‘‘(increased by The question was taken; and the Andrews Fowler McInnis $50,000,000)’’. Chair announced that the ayes ap- Baesler Frank (MA) Meehan Mr. SCHUMER. Mr. Chairman, I in- Baldacci Franks (CT) Meek peared to have it. Barrett (WI) Franks (NJ) Menendez tend to withdraw this amendment, but RECORDED VOTE Bass Frelinghuysen Meyers let me explain to my colleagues as to Mr. DORNAN. Mr. Chairman, I de- Becerra Frost Mfume why. The gentleman from New York Beilenson Furse Miller (CA) [Mr. KING] and I first intended to offer mand a recorded vote. Bentsen Gejdenson Miller (FL) A recorded vote was ordered. Berman Gephardt Mineta this amendment when the bill was The CHAIRMAN. This will be a 5- Bilbray Geren Minge originally scheduled for floor consider- Boehlert Gibbons Mink minute vote. ation a month ago. During the same Bonilla Gilchrest Molinari week the House voted overwhelmingly The vote was taken by electronic de- Bonior Gilman Moran vice, and there were—ayes 226, noes 191, Bono Gonzalez Nadler to lift the arms embargo in the former Boucher Gordon Obey not voting 17, as follows: Yugoslavia. The amendment was a sim- Brewster Green Olver ple one. It would supply $50 million [Roll No. 642] Brown (CA) Greenwood Owens Brown (FL) Gunderson Pallone worth of TOW antitank missiles to the AYES—226 Brown (OH) Gutierrez Pastor Bosnian Government which it des- Allard Clinger Gallegly Bryant (TX) Harman Payne (NJ) perately needs to overcome the lop- Archer Coble Ganske Cardin Hastings (FL) Payne (VA) Armey Coburn Gekas Castle Hefner Pelosi sided advantage of the Bosnian Serbs Bachus Collins (GA) Gillmor Chapman Hilliard Peterson (FL) in tanks and armored vehicles and it Baker (CA) Combest Goodlatte Clay Hinchey Pickett was intended simply to demonstrate Baker (LA) Cooley Goodling Clayton Horn Pomeroy that Congress was willing to put its Ballenger Costello Goss Clement Houghton Porter Barcia Crane Graham Clyburn Hoyer Pryce money where its mouth was, not only Barr Crapo Gutknecht Coleman Jackson-Lee Ramstad by lifting the embargo but by actually Barrett (NE) Cremeans Hall (OH) Collins (IL) Jacobs Rangel providing the Moslems with some of Bartlett Cubin Hall (TX) Collins (MI) Jefferson Reed Barton Cunningham Hamilton Condit Johnson (CT) Richardson the weapons they need to defend them- Bateman Danner Hancock Conyers Johnson (SD) Rivers selves, weapons they cannot afford to Bereuter Davis Hansen Coyne Johnson, E. B. Rose buy after years of devastating aggres- Bevill de la Garza Hastert Cramer Johnston Roukema sion against them. Bilirakis Deal Hastings (WA) DeFazio Kelly Roybal-Allard Bliley DeLay Hayes DeLauro Kennedy (MA) Rush I still believe in that amendment, I Boehner Diaz-Balart Hayworth Dellums Kennedy (RI) Sabo still believe the Moslems have the Borski Dickey Hefley Deutsch Kennelly Sanders right to defend themselves, and at the Browder Doolittle Heineman Dicks Klug Sawyer Brownback Dornan Herger Dixon Kolbe Schiff proper time the United States as the Bryant (TN) Doyle Hilleary Doggett Lantos Schroeder leader of the free world has the duty to Bunn Dreier Hobson Dooley Leach Schumer assist them. But, of course, significant Bunning Duncan Hoekstra Dunn Levin Scott events have occurred over the last Burr Ehlers Hoke Durbin Lewis (GA) Serrano Burton Emerson Holden Edwards Lincoln Shaw month and they are transpiring as we Buyer English Hostettler Ehrlich Lofgren Shays speak today. The Bosnian Serbs suf- Callahan Ensign Hunter Engel Longley Skaggs fered a dramatic reversal in Crimea, Calvert Everett Hutchinson Eshoo Lowey Slaughter Camp Ewing Hyde Evans Luther Stark the United Nations and the allies have Canady Fields (TX) Inglis Farr Markey Stokes shown renewed resolve and have taken Chabot Flanagan Istook Fawell Martinez Studds firm action to halt Serb aggression, Chambliss Forbes Johnson, Sam Fazio Martini Tanner and for the first time in a while, per- Chenoweth Fox Jones Fields (LA) Matsui Thomas Christensen Frisa Kanjorski Filner McCarthy Thompson haps since the beginning of hostilities, Chrysler Funderburk Kaptur Foglietta McDermott Thornton it looks like we might be on the verge September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8631 of meaningful negotiations among the ment of reusable launch vehicle tech- viously appropriated funds shall not be con- warring parties. As a result, there now nologies. sidered to be the award of a new contract: exists a bipartisan consensus to delay a RESEARCH, DEVELOPMENT, TEST AND Provided further, That the Secretary of the vote to override the President’s veto of EVALUATION, DEFENSE-WIDE military department responsible for such procurement may waive this restriction on a the embargo legislation. Therefore, in For expenses of activities and agencies of the Department of Defense (other than the case-by-case basis by certifying in writing to light of these circumstances, I intend the Committees on Appropriations of the to withdraw the amendment pending military departments), necessary for basic and applied scientific research, development, House of Representatives and the Senate, the status and progress of negotiations test and evaluation; advanced research that adequate domestic supplies are not and events on the ground. Therefore, projects as may be designated and deter- available to meet Department of Defense re- my colleagues, I say, let us see how mined by the Secretary of Defense, pursuant quirements on a timely basis and that such events transpire. If need be, we can to law; maintenance, rehabilitation, lease, an acquisition must be made in order to ac- come back and do this amendment, but and operation of facilities and equipment, as quire capability for national security pur- poses. I ask unanimous consent that the authorized by law; $9,029,666,000, to remain amendment be withdrawn. available for obligation until September 30, The CHAIRMAN. Are there any The CHAIRMAN. Is there objection 1997: Provided, That not less than $170,000,000 amendments to title V? of the funds appropriated in this paragraph If not, the Clerk will designate title to the request of the gentleman from shall be made available only for the Sea- New York? VI. Based Wide Area Defense (Navy Upper-Tier) The text of title VI is as follows: There was no objection. program. TITLE VI The CHAIRMAN. Are there further DEVELOPMENTAL TEST AND EVALUATION, amendments to title III? OTHER DEPARTMENT OF DEFENSE DEFENSE PROGRAMS If not, the Clerk will designate title For expenses, not otherwise provided for, DEFENSE HEALTH PROGRAM IV. of independent activities of the Director, For expenses, not otherwise provided for, The text of title IV is as follows: Test and Evaluation in the direction and su- for medical and health care programs of the TITLE IV pervision of developmental test and evalua- Department of Defense, as authorized by law; tion, including performance and joint devel- RESEARCH, DEVELOPMENT, TEST AND $10,205,158,000, of which $9,917,125,000 shall be opmental testing and evaluation; and admin- EVALUATION for Operation and maintenance, of which istrative expenses in connection therewith; RESEARCH, DEVELOPMENT, TEST AND $288,033,000, to remain available for obliga- $259,341,000, to remain available for obliga- EVALUATION, ARMY tion until September 30, 1998, shall be for tion until September 30, 1997: Provided, That Procurement: Provided, That the Department For expenses necessary for basic and ap- of the funds appropriated in this paragraph, shall continue to competitively contract plied scientific research, development, test $20,000,000 shall not be obligated or expended during fiscal year 1996 for mail service phar- and evaluation, including maintenance, re- until authorized by law. habilitation, lease, and operation of facili- macy for at least two multi-state regions in ties and equipment, as authorized by law; OPERATIONAL TEST AND EVALUATION, addition to the ongoing solicitations for $4,742,150,000, to remain available for obliga- DEFENSE Florida, South Carolina, Georgia, Delaware, tion until September 30, 1997. For expenses, not otherwise provided for, New Jersey, Pennsylvania, and Hawaii, as necessary for the independent activities of RESEARCH, DEVELOPMENT, TEST AND well as each base closure area not supported the Director, Operational Test and Evalua- EVALUATION, NAVY by an at-risk managed care plan; that such tion in the direction and supervision of oper- services shall be procured independent of any For expenses necessary for basic and ap- ational test and evaluation, including initial other Department managed care contracts; plied scientific research, development, test operational test and evaluation which is con- that one multi-state region shall include the and evaluation, including maintenance, re- ducted prior to, and in support of, production State of Kentucky and that one multi-state habilitation, lease, and operation of facili- decisions; joint operational testing and eval- region shall include the State of New Mex- ties and equipment, as authorized by law; uation; and administrative expenses in con- ico: Provided, That of the funds appropriated $8,715,481,000, to remain available for obliga- nection therewith; $22,587,000, to remain in this paragraph, $40,600,000 shall not be ob- tion until September 30, 1997: Provided, That available for obligation until September 30, ligated or expended until authorized by law. none of the funds appropriated in this para- 1997. graph may be obligated or expended to de- CHEMICAL AGENTS AND MUNITIONS velop or purchase equipment for an Aegis de- The CHAIRMAN. Are there any DESTRUCTION, DEFENSE stroyer variant (commonly known as ‘‘Flight amendments to title IV? For expenses, not otherwise provided for, IIA’’) whose initial operating capability is If not, the Clerk will designate title necessary for the destruction of the United budgeted to be achieved prior to the initial V. States stockpile of lethal chemical agents operating capability of the Ship Self-Defense The text of title V is as follows: and munitions in accordance with the provi- sions of section 1412 of the Department of program, nor to develop sensor, processor, or TITLE V display capabilities which duplicate in any Defense Authorization Act, 1986 (50 U.S.C. way those being developed in the Ship Self- REVOLVING AND MANAGEMENT FUNDS 1521), and for the destruction of other chemi- Defense program: Provided further, That DEFENSE BUSINESS OPERATIONS FUND cal warfare materials that are not in the funds appropriated in this paragraph for de- For the Defense Business Operations Fund; chemical weapon stockpile, $746,698,000, of velopment of the LPD–17 ship may not be ob- $1,573,800,000: Provided, That of this amount, which $393,850,000 shall be for Operation and ligated unless the baseline design of the ship $695,100,000 shall be available only for the liq- maintenance, $299,448,000 shall be for Pro- includes cooperative engagement capability uidation of prior year accumulated operating curement to remain available until Septem- and sufficient own-ship self-defense capabil- losses of the Department of the Navy: Pro- ber 30, 1998, and $53,400,000 shall be for Re- ity against advanced sea-skimming antiship vided further, That of the funds appropriated search, development, test and evaluation to cruise missiles in the baseline design to in this paragraph, $695,100,000 shall not be ob- remain available until September 30, 1997. achieve an estimated probability of survival ligated or expended until authorized by law. DRUG INTERDICTION AND COUNTER-DRUG from attack by such missiles at a level no NATIONAL DEFENSE SEALIFT FUND ACTIVITIES, DEFENSE less than any other Navy ship: Provided fur- For National Defense Sealift Fund pro- (INCLUDING TRANSFER OF FUNDS) ther, That funds appropriated in this para- grams, projects, and activities, and for ex- For drug interdiction and counter-drug ac- graph which are available for the V–22 may penses of the National Defense Reserve tivities of the Department of Defense, for be used to meet unique requirements of the Fleet, as established by section 11 of the transfer to appropriations available to the Special Operations Forces: Provided further, Merchant Ship Sales Act of 1946 (50 U.S.C. Department of Defense for military person- That of the funds appropriated in this para- App 1744); $974,220,000, to remain available nel of the reserve components serving under graph, $189,972,000 shall not be obligated or until expended: Provided, That none of the the provisions of title 10 and title 32, United expended until authorized by law. funds provided in this paragraph shall be States Code; for Operation and maintenance; RESEARCH, DEVELOPMENT, TEST AND used to award a new contract that provides for Procurement; and for Research, develop- EVALUATION, AIR FORCE for the acquisition of any of the following ment, test and evaluation; $688,432,000: Pro- For expenses necessary for basic and ap- major components unless such components vided, That the funds appropriated by this plied scientific research, development, test are manufactured in the United States: aux- paragraph shall be available for obligation and evaluation, including maintenance, re- iliary equipment, including pumps, for all for the same time period and for the same habilitation, lease, and operation of facili- shipboard services; propulsion system com- purpose as the appropriation to which trans- ties and equipment, as authorized by law; ponents (that is; engines, reduction gears, ferred: Provided further, That the transfer au- $13,110,335,000, to remain available for obliga- and propellers); shipboard cranes; and thority provided in this paragraph is in addi- tion until September 30, 1997: Provided, That spreaders for shipboard cranes: Provided fur- tion to any transfer authority contained of the funds made available in this para- ther, That the exercise of an option in a con- elsewhere in this Act: Provided further, That graph, $50,000,000 shall be only for develop- tract awarded through the obligation of pre- of the funds appropriated in this paragraph, H 8632 CONGRESSIONAL RECORD — HOUSE September 7, 1995 $8,000,000 shall not be obligated or expended title 5, United States Code, or at a rate in ex- in the Kaiserslautern Military Community until authorized by law. cess of the percentage increase provided by in the Federal Republic of Germany: Pro- OFFICE OF THE INSPECTOR GENERAL the appropriate host nation to its own em- vided, That in the City of Kaiserslautern ployees, whichever is higher: Provided fur- such agreements will include the use of Unit- For expenses and activities of the Office of ther, That this section shall not apply to De- ed States anthracite as the base load energy the Inspector General in carrying out the partment of Defense foreign service national for municipal district heat to the United provisions of the Inspector General Act of employees serving at United States diplo- States Defense installations: Provided fur- 1978, as amended; $178,226,000, of which matic missions whose pay is set by the De- ther, That at Landstuhl Army Regional Med- $177,226,000 shall be for Operation and main- partment of State under the Foreign Service ical Center and Ramstein Air Base, furnished tenance, of which not to exceed $400,000 is Act of 1980. heat may be obtained from private, regional available for emergencies and extraordinary SEC. 8003. No part of any appropriation or municipal services, if provisions are in- expenses to be expended on the approval or contained in this Act shall remain available cluded for the consideration of United States authority of the Inspector General, and pay- for obligation beyond the current fiscal year, coal as an energy source. ments may be made on his certificate of ne- unless expressly so provided herein. EC. 8008. Funds appropriated by this Act cessity for confidential military purposes; S SEC. 8004. No more than 20 per centum of may not be used to initiate a special access and of which $1,000,000 to remain available the appropriations in this Act which are lim- program without prior notification 30 cal- until September 30, 1998, shall be for Pro- ited for obligation during a single fiscal year endar days in session in advance to the con- curement. shall be obligated during the last two gressional defense committees. months of such fiscal year: Provided, That The CHAIRMAN. Are there any SEC. 8009. None of the funds contained in amendments to title VI? this section shall not apply to obligations for this Act available for the Civilian Health and If not, the Clerk will designate title support of active duty training of reserve Medical Program of the Uniformed Services VII. components or summer camp training of the shall be available for payments to physicians Reserve Officers’ Training Corps. The text of title VII is as follows: and other non-institutional health care pro- (TRANSFER OF FUNDS) viders in excess of the amounts allowed in TITLE VII SEC. 8005. Upon determination by the Sec- fiscal year 1995 for similar services, except RELATED AGENCIES retary of Defense that such action is nec- that: (a) for services for which the Secretary CENTRAL INTELLIGENCE AGENCY RETIREMENT essary in the national interest, he may, with of Defense determines an increase is justified AND DISABILITY SYSTEM FUND the approval of the Office of Management by economic circumstances, the allowable For payment to the Central Intelligence and Budget, transfer not to exceed amounts may be increased in accordance Agency Retirement and Disability System $2,000,000,000 of working capital funds of the with appropriate economic index data simi- Fund, to maintain proper funding level for Department of Defense or funds made avail- lar to that used pursuant to title XVIII of continuing the operation of the Central In- able in this Act to the Department of De- the Social Security Act; and (b) for services telligence Agency Retirement and Disability fense for military functions (except military the Secretary determines are overpriced System; $213,900,000. construction) between such appropriations based on allowable payments under title or funds or any subdivision thereof, to be XVIII of the Social Security Act, the allow- NATIONAL SECURITY EDUCATION TRUST FUND merged with and to be available for the same able amounts shall be reduced by not more (RESCISSION) purposes, and for the same time period, as than 15 percent (except that the reduction Of the funds made available under this the appropriation or fund to which trans- may be waived if the Secretary determines heading in Public Law 102–172, Public Law ferred: Provided, That such authority to that it would impair adequate access to 103–50, Public Law 103–139, and Public Law transfer may not be used unless for higher health care services for beneficiaries). The 103–335, $78,100,000 are rescinded: Provided, priority items, based on unforeseen military Secretary shall solicit public comment prior That the balance of funds in the National Se- requirements, than those for which origi- to promulgating regulations to implement curity Education Trust Fund (established nally appropriated and in no case where the this section. Such regulations shall include a pursuant to section 804 of the David L. Boren item for which funds are requested has been limitation, similar to that used under title National Security Education Act of 1991 (50 denied by Congress: Provided further, That XVIII of the Social Security Act, on the ex- U.S.C. 1904)), other than such amount as is only for valid Ship Cost Adjustments related tent to which a provider may bill a bene- necessary for obligations made before the to the Shipbuilding and Construction, Navy ficiary an actual charge in excess of the al- date of the enactment of this Act, is hereby Appropriation such authority to transfer lowable amount. reduced to zero: Provided further, That no may be used to transfer funds made available SEC. 8010. None of the funds provided in outlay may be made from the Fund after the in this or any previous Department of De- this Act shall be available to initiate (1) a date of the enactment of this Act other than fense Appropriations Act subject to the same multiyear contract that employs economic to liquidation of all such obligations made conditions required elsewhere in this para- order quantity procurement in excess of before such date, the Fund shall be closed: graph: Provided further, That the Secretary $20,000,000 in any one year of the contract or Provided further, That no obligation may be of Defense shall notify the Congress prompt- that includes an unfunded contingent liabil- made from the Fund after the date of the en- ly of all transfers made pursuant to this au- ity in excess of $20,000,000, or (2) a contract actment of this Act. thority or any other authority in this Act. for advance procurement leading to a INTELLIGENCE COMMUNITY MANAGEMENT (TRANSFER OF FUNDS) multiyear contract that employs economic ACCOUNT SEC. 8006. During the current fiscal year, order quantity procurement in excess of For necessary expenses of the Intelligence cash balances in working capital funds of the $20,000,000 in any one year, unless the con- Community Management Account; Department of Defense established pursuant gressional defense committees have been no- $75,683,000. to section 2208 of title 10, United States tified at least thirty days in advance of the Code, may be maintained in only such proposed contract award: Provided, That no The CHAIRMAN. Are there any amounts as are necessary at any time for part of any appropriation contained in this amendments to title VII? cash disbursements to be made from such Act shall be available to initiate a multiyear If not, the Clerk will designate title funds: Provided, That transfers may be made contract for which the economic order quan- VIII. between such funds and the ‘‘Foreign Cur- tity advance procurement is not funded at The text of title VIII is as follows: rency Fluctuations, Defense’’ and ‘‘Oper- least to the limits of the Government’s li- ability: Provided further, That no part of any TITLE VIII ation and Maintenance’’ appropriation ac- counts in such amounts as may be deter- appropriation contained in this Act shall be GENERAL PROVISIONS mined by the Secretary of Defense, with the available to initiate multiyear procurement SEC. 8001. No part of any appropriation approval of the Office of Management and contracts for any systems or component contained in this Act shall be used for pub- Budget, except that such transfers may not thereof if the value of the multiyear con- licity or propaganda purposes not authorized be made unless the Secretary of Defense has tract would exceed $500,000,000 unless specifi- by the Congress. notified the Congress of the proposed trans- cally provided in this Act: Provided further, SEC. 8002. During the current fiscal year, fer. Except in amounts equal to the amounts That no multiyear procurement contract can provisions of law prohibiting the payment of appropriated to working capital funds in this be terminated without 10-day prior notifica- compensation to, or employment of, any per- Act, no obligations may be made against a tion to the congressional defense commit- son not a citizen of the United States shall working capital fund to procure or increase tees: Provided further, That the execution of not apply to personnel of the Department of the value of war reserve material inventory, multiyear authority shall require the use of Defense: Provided, That salary increases unless the Secretary of Defense has notified a present value analysis to determine lowest granted to direct and indirect hire foreign the Congress prior to any such obligation. cost compared to an annual procurement. national employees of the Department of De- SEC. 8007. Using funds available by this Act Funds appropriated in title III of this Act fense funded by this Act shall not be at a or any other Act, the Secretary of the Air may be used for multiyear procurement con- rate in excess of the percentage increase au- Force, pursuant to a determination under tracts as follows: thorized by law for civilian employees of the section 2690 of title 10, United States Code, E–2C aircraft; Department of Defense whose pay is com- may implement cost-effective agreements AV–8B aircraft remanufacture; puted under the provisions of section 5332 of for required heating facility modernization T–45 aircraft. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8633

SEC. 8011. Within the funds appropriated Education Benefits Fund pursuant to section (TRANSFER OF FUNDS) for the operation and maintenance of the 2006(g) of title 10, United States Code, rep- SEC. 8020. Funds appropriated in title III of Armed Forces, funds are hereby appropriated resenting the normal cost for future benefits this Act for the Department of Defense Pilot pursuant to section 401 of title 10, United under section 1415(c) of title 38, United Mentor-Protege Program may be transferred States Code, for humanitarian and civic as- States Code, for any member of the armed to any other appropriation contained in this sistance costs under chapter 20 of title 10, services who, on or after the date of enact- Act solely for the purpose of implementing a United States Code. Such funds may also be ment of this Act— Mentor-Protege Program developmental as- obligated for humanitarian and civic assist- (1) enlists in the armed services for a pe- sistance agreement pursuant to section 831 ance costs incidental to authorized oper- riod of active duty of less than three years; of the National Defense Authorization Act ations and pursuant to authority granted in or for Fiscal Year 1991 (Public Law 101–510; 10 section 401 of chapter 20 of title 10, United (2) receives an enlistment bonus under sec- U.S.C. 2301 note), as amended, under the au- States Code, and these obligations shall be tion 308a or 308f of title 37, United States thority of this provision or any other trans- reported to Congress on September 30 of each Code, fer authority contained in this Act. year: Provided, That funds available for oper- nor shall any amounts representing the nor- SEC. 8021. For the purposes of the Balanced ation and maintenance shall be available for mal cost of such future benefits be trans- Budget and Emergency Deficit Control Act providing humanitarian and similar assist- ferred from the Fund by the Secretary of the of 1985 (Public Law 99–177) as amended by the ance by using Civic Action Teams in the Treasury to the Secretary of Veterans Af- Balanced Budget and Emergency Deficit Trust Territories of the Pacific Islands and fairs pursuant to section 2006(d) of title 10, Control Reaffirmation Act of 1987 (Public freely associated states of Micronesia, pursu- United States Code; nor shall the Secretary Law 100–119) and by the Budget Enforcement ant to the Compact of Free Association as of Veterans Affairs pay such benefits to any Act of 1990 (Public Law 101–508), the term authorized by Public Law 99–239. such member: Provided, That, in the case of program, project, and activity for appropria- tions contained in this Act shall be defined SEC. 8012. (a) During fiscal year 1996, the ci- a member covered by clause (1), these limita- as the most specific level of budget items vilian personnel of the Department of De- tions shall not apply to members in combat identified in the Department of Defense Ap- fense may not be managed on the basis of arms skills or to members who enlist in the propriations Act, 1996, the accompanying any end-strength, and the management of armed services on or after July 1, 1989, under House and Senate Committee reports, the such personnel during that fiscal year shall a program continued or established by the conference report and accompanying joint not be subject to any constraint or limita- Secretary of Defense in fiscal year 1991 to explanatory statement of the managers of tion (known as an end-strength) on the num- test the cost-effective use of special recruit- the Committee of Conference, the related ber of such personnel who may be employed ing incentives involving not more than nine- classified annexes and reports, and the P–1 on the last day of such fiscal year. teen noncombat arms skills approved in ad- (b) The fiscal year 1997 budget request for and R–1 budget justification documents as vance by the Secretary of Defense: Provided the Department of Defense as well as all jus- subsequently modified by Congressional ac- further, That this subsection applies only to tification material and other documentation tion: Provided, That the following exception active components of the Army. supporting the fiscal year 1997 Department of to the above definition shall apply: (b) None of the funds appropriated by this Defense budget request shall be prepared and For the Military Personnel and the Oper- Act shall be available for the basic pay and submitted to the Congress as if subsections ation and Maintenance accounts, the term allowances of any member of the Army par- (a) and (b) of this provision were effective ‘‘program, project, and activity’’ is defined ticipating as a full-time student and receiv- with regard to fiscal year 1997. as the appropriations accounts contained in ing benefits paid by the Secretary of Veter- (c) Nothing in this section shall be con- the Department of Defense Appropriations ans Affairs from the Department of Defense strued to apply to military (civilian) techni- Act: Provided further, That at the time the Education Benefits Fund when time spent as cians. President submits his budget for fiscal year SEC. 8013. Notwithstanding any other pro- a full-time student is credited toward com- 1997, the Department of Defense shall trans- vision of law, none of the funds made avail- pletion of a service commitment: Provided, mit to the congressional defense committees able by this Act shall be used by the Depart- That this subsection shall not apply to those budget justification document to be known ment of Defense to exceed, outside the fifty members who have reenlisted with this op- as the ‘‘O–1’’ which shall identify, at the United States, its territories, and the Dis- tion prior to October 1, 1987: Provided further, budget activity, activity group, and sub- trict of Columbia, 125,000 civilian workyears: That this subsection applies only to active activity group level, the amounts requested Provided, That workyears shall be applied as components of the Army. by the President to be appropriated to the defined in the Federal Personnel Manual: SEC. 8018. Funds appropriated for the De- Department of Defense for operation and Provided further, That workyears expended in partment of Defense during the current fis- maintenance in any budget request, or dependent student hiring programs for dis- cal year and hereafter shall be available for amended budget request, for fiscal year 1997. advantaged youths shall not be included in the payment of not more than 75 percent of SEC. 8022. Of the funds appropriated to the this workyear limitation. the charges of a postsecondary educational Army, $147,900,000 shall be available only for SEC. 8014. None of the funds made available institution for the tuition or expenses of an the Reserve Component Automation System by this Act shall be used in any way, directly officer in the Ready Reserve of the Army Na- (RCAS): Provided, That none of these funds or indirectly, to influence congressional ac- tional Guard or Army Reserve for education can be expended— tion on any legislation or appropriation mat- or training during his off-duty periods, ex- (1) except as approved by the Chief of the ters pending before the Congress. cept that no part of the charges may be paid National Guard Bureau; SEC. 8015. None of the funds appropriated unless the officer agrees to remain a member (2) unless RCAS resource management for the Department of Defense during the of the Ready Reserve for at least four years functions are performed by the National current fiscal year and hereafter shall be ob- after completion of such training or edu- Guard Bureau; ligated for the pay of any individual who is cation. (3) to pay the salary of an RCAS program initially employed after the date of enact- SEC. 8019. None of the funds appropriated manager who has not been selected and ap- ment of this Act as a technician in the ad- by this Act shall be available to convert to proved by the Chief of the National Guard ministration and training of the Army Re- contractor performance an activity or func- Bureau and chartered by the Chief of the Na- serve and the maintenance and repair of sup- tion of the Department of Defense that, on tional Guard Bureau and the Secretary of plies issued to the Army Reserve unless such or after the date of enactment of this Act, is the Army; individual is also a military member of the performed by more than ten Department of (4) unless the Program Manager (PM) char- Army Reserve troop program unit that he or Defense civilian employees until a most effi- ter makes the PM accountable to the Chief she is employed to support. Those techni- cient and cost-effective organization analy- of the National Guard Bureau and fully de- cians employed by the Army Reserve in sis is completed on such activity or function fines his authority, responsibility, reporting areas other than Army Reserve troop pro- and certification of the analysis is made to channels and organizational structure; gram units need only be members of the Se- the Committees on Appropriations of the (5) to pay the salaries of individuals as- lected Reserve. House of Representatives and the Senate: signed to the RCAS program management of- SEC. 8016. Notwithstanding any other pro- Provided, That this section shall not apply to fice unless such organization is comprised of vision of law, during the current fiscal year a commercial or industrial type function of personnel chosen jointly by the Chiefs of the and hereafter the Secretaries of the Army the Department of Defense that: (1) is in- National Guard Bureau and the Army Re- and Air Force may authorize the retention cluded on the procurement list established serve; in an active status until age sixty of any per- pursuant to section 2 of the Act of June 25, (6) to pay contracted costs for the acquisi- son who would otherwise be removed from an 1938 (41 U.S.C. 47), popularly referred to as tion of RCAS unless RCAS is an integrated active status and who is employed as a Na- the Javits-Wagner-O’Day Act; (2) is planned system consisting of software, hardware, and tional Guard or Reserve technician in a posi- to be converted to performance by a quali- communications equipment and unless such tion in which active status in a reserve com- fied nonprofit agency for the blind or by a contract continues to preclude the use of ponent of the Army or Air Force is required qualified nonprofit agency for other severely Government furnished equipment, operating as a condition of that employment. handicapped individuals in accordance with systems, and executive applications soft- SEC. 8017. (a) None of the funds appro- that Act; or (3) is planned to be converted to ware; and priated by this Act shall be used to make performance by a qualified firm under 51 per- (7) unless RCAS performs its own classified contributions to the Department of Defense cent Native American ownership. information processing: H 8634 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Provided further, That notwithstanding any granted the other military personnel ac- mittees thirty days prior to the conclusion other provision of law, none of the funds ap- counts: Provided, That any transfer made and endorsement of any such agreement es- propriated shall be available for procure- pursuant to any use of the authority pro- tablished under this provision. ment of computers for the Army Reserve vided by this provision shall be limited so SEC. 8028. None of the funds available to Component which are used to network or ex- that the amounts reprogrammed to the oper- the Department of Defense in this Act shall pand the capabilities of existing or future in- ation and maintenance appropriations do not be used to demilitarize or dispose of more formation systems or duplicate functions to exceed the amounts sequestered under the than 310,784 unserviceable M1 Garand rifles be provided under the RCAS contract unless Balanced Budget and Emergency Deficit and M1 Carbines. the procurement meets the following cri- Control Act of 1985 (Public Law 99–177) as SEC. 8029. Notwithstanding any other pro- teria: (A) at sites scheduled to receive RCAS amended by the Balanced Budget and Emer- vision of law, none of the funds appropriated equipment prior to September 30, 1995, RCAS gency Deficit Control Reaffirmation Act of by this Act shall be available to pay more ADP equipment may be procured and only in 1987 (Public Law 100–119) and by the Budget than 50 percent of an amount paid to any the numbers and types allocated by the Enforcement Act of 1990 (Public Law 101–508): person under section 308 of title 37, United RCAS program to each site; and at sites Provided further, That the authority to make States Code, in a lump sum. scheduled to receive RCAS equipment after transfers pursuant to this section is in addi- SEC. 8030. None of the funds appropriated September 30, 1995, RCAS ADP equipment or tion to the authority to make transfers by this Act may be used by the Department ADP equipment from a list of RCAS compat- under other provisions of this Act: Provided of Defense to assign a supervisor’s title or ible equipment approved by the Chief of the further, That the Secretary of Defense may grade when the number of people he or she National Guard Bureau or his designee, may proceed with such transfer after notifying supervises is considered as a basis for this be procured and only in the numbers and the Appropriations Committees of the House determination: Provided, That savings that types allocated by the RCAS program to of Representatives and the Senate twenty result from this provision are represented as each site; (B) the requesting organizational calendar days in session before any such such in future budget proposals. SEC. 8031. None of the funds appropriated element has insufficient ADP equipment to transfer of funds under this provision. by this Act shall be available for payments perform administrative functions but not to SEC. 8025. None of the funds appropriated under the Department of Defense contract exceed the number of work stations deter- by this Act available for the Civilian Health with the Louisiana State University Medical mined by the RCAS program for that site; and Medical Program of the Uniformed Serv- Center involving the use of cats for Brain (C) replacement equipment will not exceed ices (CHAMPUS) shall be available for the Missile Wound Research, and the Depart- the minimum required to maintain the reli- reimbursement of any health care provider for inpatient mental health service for care ment of Defense shall not make payments ability of existing capabilities; (D) replace- received when a patient is referred to a pro- under such contract from funds obligated ment will be justified on the basis of cost vider of inpatient mental health care or resi- prior to the date of the enactment of this and feasibility of repairs and maintenance of dential treatment care by a medical or Act, except as necessary for costs incurred present ADP equipment as compared to the health care professional having an economic by the contractor prior to the enactment of cost of replacement; and (E) the procurement interest in the facility to which the patient this Act: Provided, That funds necessary for under this policy must be approved by the is referred: Provided, That this limitation the care of animals covered by this contract Chief of the National Guard Bureau or his does not apply in the case of inpatient men- are allowed. designee, provided that the procurement is a tal health services provided under the pro- SEC. 8032. None of the funds provided in one for one replacement action of existing gram for the handicapped under subsection this Act or any other Act shall be available equipment. (d) of section 1079 of title 10, United States to conduct bone trauma research at any SEC. 8023. None of the funds in this Act Code, provided as partial hospital care, or Army Research Laboratory until the Sec- may be available for the purchase by the De- provided pursuant to a waiver authorized by retary of the Army certifies that the syn- partment of Defense (and its departments the Secretary of Defense because of medical thetic compound to be used in the experi- and agencies) of welded shipboard anchor and or psychological circumstances of the pa- ments is of such a type that its use will re- mooring chain 4 inches in diameter and tient that are confirmed by a health profes- sult in a significant medical finding, the re- under unless the anchor and mooring chain sional who is not a Federal employee after a search has military application, the research are manufactured in the United States from review, pursuant to rules prescribed by the will be conducted in accordance with the components which are substantially manu- Secretary, which takes into account the ap- standards set by an animal care and use factured in the United States: Provided, That propriate level of care for the patient, the in- committee, and the research does not dupli- for the purpose of this section manufactured tensity of services required by the patient, cate research already conducted by a manu- will include cutting, heat treating, quality and the availability of that care. facturer or any other research organization. control, testing of chain and welding (includ- SEC. 8026. Funds available in this Act may SEC. 8033. No more than $50,000 of the funds ing the forging and shot blasting process): be used to provide transportation for the appropriated or made available in this Act Provided further, That for the purpose of this next-of-kin of individuals who have been shall be used for any single relocation of an section substantially all of the components prisoners of war or missing in action from organization, unit, activity or function of of anchor and mooring chain shall be consid- the Vietnam era to an annual meeting in the the Department of Defense into or within the ered to be produced or manufactured in the United States, under such regulations as the National Capital Region: Provided, That the United States if the aggregate cost of the Secretary of Defense may prescribe. Secretary of Defense may waive this restric- components produced or manufactured in the SEC. 8027. Notwithstanding any other pro- tion on a case-by-case basis by certifying in United States exceeds the aggregate cost of vision of law, during the current fiscal year, writing to the Committees on Appropria- the components produced or manufactured the Secretary of Defense may, by Executive tions of the House of Representatives and outside the United States: Provided further, Agreement, establish with host nation gov- Senate that such a relocation is required in That when adequate domestic supplies are ernments in NATO member states a separate the best interest of the Government. not available to meet Department of Defense account into which such residual value SEC. 8034. During the current fiscal year, requirements on a timely basis, the Sec- amounts negotiated in the return of United funds appropriated or otherwise available for retary of the service responsible for the pro- States military installations in NATO mem- any Federal agency, the Congress, the judi- curement may waive this restriction on a ber states may be deposited, in the currency cial branch, or the District of Columbia may case-by-case basis by certifying in writing to of the host nation, in lieu of direct monetary be used for the pay, allowances, and benefits the Committees on Appropriations that such transfers to the United States Treasury: Pro- of an employee as defined by section 2105 of an acquisition must be made in order to ac- vided, That such credits may be utilized only title 5 or an individual employed by the gov- quire capability for national security pur- for the construction of facilities to support ernment of the District of Columbia, perma- poses. United States military forces in that host nent or temporary indefinite, who— (TRANSFER OF FUNDS) nation, or such real property maintenance (1) is a member of a Reserve component of SEC. 8024. Notwithstanding any other pro- and base operating costs that are currently the Armed Forces, as described in section 261 vision of law, the Department of Defense executed through monetary transfers to such of title 10, or the National Guard, as de- may transfer prior year, unobligated bal- host nations: Provided further, That the De- scribed in section 101 of title 32; ances and funds appropriated in this Act to partment of Defense’s budget submission for (2) performs, for the purpose of providing the operation and maintenance appropria- fiscal year 1997 shall identify such sums an- military aid to enforce the law or providing tions for the purpose of providing military ticipated in residual value settlements, and assistance to civil authorities in the protec- technician and Department of Defense medi- identify such construction, real property tion or saving of life or property or preven- cal personnel pay and medical programs (in- maintenance or base operating costs that tion of injury— cluding CHAMPUS) the same exemption shall be funded by the host nation through (A) Federal service under section 331, 332, from sequestration set forth in the Balanced such credits: Provided further, That all mili- 333, 3500, or 8500 of title 10, or other provision Budget and Emergency Deficit Control Act tary construction projects to be executed of law, as applicable, or of 1985 (Public Law 99–177) as amended by the from such accounts must be previously ap- (B) full-time military service for his State, Balanced Budget and Emergency Deficit proved in a prior Act of Congress: Provided the District of Columbia, the Commonwealth Control Reaffirmation Act of 1987 (Public further, That each such Executive Agreement of Puerto Rico, or a territory of the United Law 100–119) and by the Budget Enforcement with a NATO member host nation shall be States; and Act of 1990 (Public Law 101–508) as that reported to the congressional defense com- (3) requests and is granted— September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8635

(A) leave under the authority of this sec- SEC. 8042. (a) Funds appropriated in this Committee on National Security of the tion; or Act to finance activities of Department of House of Representatives, and the Commit- (B) annual leave, which may be granted Defense (DoD) Federally Funded Research tee on Armed Services of the Senate. without regard to the provisions of sections and Development Centers (FFRDCs) may not SEC. 8046. Notwithstanding any other pro- 5519 and 6323(b) of title 5, if such employee is be obligated or expended for a FFRDC if a vision of law, during the current fiscal year, otherwise entitled to such annual leave: member of its Board of Directors or Trustees the Department of Defense may acquire the Provided, That any employee who requests simultaneously serves on the Board of Direc- modification, depot maintenance and repair leave under subsection (3)(A) for service de- tors or Trustees of a profit-making company of aircraft, vehicles and vessels as well as the scribed in subsection (2) of this section is en- under contract to the Department of Defense production of components and other Defense- titled to such leave, subject to the provisions unless the FFRDC has a DoD approved con- related articles, through competition be- of this section and of the last sentence of flict of interest policy for its members. tween Department of Defense depot mainte- (b) LIMITATION ON COMPENSATION.—No em- section 6323(b) of title 5, and such leave shall nance activities and private firms: Provided, ployee or executive officer of a defense be considered leave under section 6323(b) of That the Senior Acquisition Executive of the FFRDC may be compensated at a rate ex- title 5. military department or defense agency con- ceeding Executive Schedule Level I by that SEC. 8035. None of the funds appropriated cerned, with power of delegation, shall cer- FFRDC. by this Act shall be available to perform any tify that successful bids include comparable (c) LIMITATION ON COMPENSATION.—No cost study pursuant to the provisions of OMB estimates of all direct and indirect costs for member of a Board of Directors, Trustees, both public and private bids: Provided further, Circular A–76 if the study being performed Overseers, Advisory Group, Special Issues exceeds a period of twenty-four months after That Office of Management and Budget Cir- Panel, Visiting Committee, or any similar cular A–76 shall not apply to competitions initiation of such study with respect to a entity of a defense FFRDC may be com- single function activity or forty-eight conducted under this section. pensated for his or her services as a member SEC. 8047. (a)(1) If the Secretary of Defense, months after initiation of such study for a of such entity except under the same condi- after consultation with the United States multi-function activity. tions, and to the same extent, as members of Trade Representative, determines that a for- SEC. 8036. Funds appropriated by this Act the Defense Science Board: Provided, That a eign country which is party to an agreement for the American Forces Information Service member of any such entity shall be allowed described in paragraph (2) has violated the shall not be used for any national or inter- travel expenses and per diem as authorized terms of the agreement by discriminating national political or psychological activities. under the Federal Joint Travel Regulations, against certain types of products produced in SEC. 8037. Notwithstanding any other pro- when engaged in the performance of mem- the United States that are covered by the vision of law or regulation, the Secretary of bership duties. agreement, the Secretary of Defense shall re- Defense may adjust wage rates for civilian (d) Notwithstanding any other provision of scind the Secretary’s blanket waiver of the employees hired for certain health care occu- law, of the amounts available to the Depart- Buy American Act with respect to such pations as authorized for the Secretary of ment of Defense during fiscal year 1996, not types of products produced in that foreign Veterans Affairs by section 7455 of title 38, more than $1,252,650,000 may be obligated for country. United States Code. financing activities of defense FFRDCs: Pro- (2) An agreement referred to in paragraph SEC. 8038. None of the funds appropriated vided, That in addition to any other reduc- (1) is any reciprocal defense procurement or made available in this Act shall be used to tions required by this section, the total memorandum of understanding, between the reduce or disestablish the operation of the amounts appropriated in titles II, III, and IV United States and a foreign country pursu- 53rd Weather Reconnaissance Squadron of of this Act to finance activities carried out ant to which the Secretary of Defense has the Air Force Reserve, if such action would by defense FFRDCs and other entities pro- prospectively waived the Buy American Act reduce the WC–130 Weather Reconnaissance viding consulting services, studies and anal- for certain products in that country. mission below the levels funded in this Act. yses, systems engineering and technical as- (b) The Secretary of Defense shall submit SEC. 8039. (a) Of the funds for the procure- sistance, and technical engineering and man- to Congress a report on the amount of De- ment of supplies or services appropriated by agement support are hereby reduced by partment of Defense purchases from foreign this Act, qualified nonprofit agencies for the $90,097,000. entities in fiscal year 1996. Such report shall blind or other severely handicapped shall be SEC. 8043. None of the funds appropriated separately indicate the dollar value of items afforded the maximum practicable oppor- or made available in this Act shall be used to for which the Buy American Act was waived tunity to participate as subcontractors and procure carbon, alloy or armor steel plate for pursuant to any agreement described in sub- suppliers in the performance of contracts let use in any Government-owned facility or section (a)(2), the Trade Agreement Act of by the Department of Defense. property under the control of the Depart- 1979 (19 U.S.C. 2501 et seq.), or any inter- (b) During the current fiscal year, a busi- ment of Defense which were not melted and national agreement to which the United ness concern which has negotiated with a rolled in the United States or Canada: Pro- States is a party. military service or defense agency a sub- vided, That these procurement restrictions (c) For purposes of this section, the term contracting plan for the participation by shall apply to any and all Federal Supply ‘‘Buy American Act’’ means title III of the small business concerns pursuant to section Class 9515, American Society of Testing and Act entitled ‘‘An Act making appropriations 8(d) of the Small Business Act (15 U.S.C. Materials (ASTM) or American Iron and for the Treasury and Post Office Depart- 637(d)) shall be given credit toward meeting Steel Institute (AISI) specifications of car- ments for the fiscal year ending June 30, that subcontracting goal for any purchases bon, alloy or armor steel plate: Provided fur- 1934, and for other purposes’’, approved made from qualified nonprofit agencies for ther, That the Secretary of the military de- March 3, 1933 (41 U.S.C. 10a et seq.). the blind or other severely handicapped. partment responsible for the procurement SEC. 8048. Notwithstanding any other pro- (c) For the purpose of this section, the may waive this restriction on a case-by-case vision of law, the Secretary of Defense may, phrase ‘‘qualified nonprofit agency for the basis by certifying in writing to the Commit- when he considers it in the best interest of blind or other severely handicapped’’ means tees on Appropriations of the House of Rep- the United States, cancel any part of an in- a nonprofit agency for the blind or other se- resentatives and the Senate that adequate debtedness, up to $2,500, that is or was owed verely handicapped that has been approved domestic supplies are not available to meet to the United States by a member or former by the Committee for the Purchase from the Department of Defense requirements on a member of a uniformed service if such in- Blind and Other Severely Handicapped under timely basis and that such an acquisition debtedness, as determined by the Secretary, the Javits-Wagner-O’Day Act (41 U.S.C. 46– must be made in order to acquire capability was incurred in connection with Operation 48). for national security purposes: Provided fur- Desert Shield/Storm: Provided, That the SEC. 8040. During the current fiscal year, ther, That these restrictions shall not apply amount of an indebtedness previously paid net receipts pursuant to collections from to contracts which are in being as of the date by a member or former member and can- third party payers pursuant to section 1095 of of enactment of this Act. celled under this section shall be refunded to title 10, United States Code, shall be made SEC. 8044. None of the unobligated balances the member. available to the local facility of the uni- available in the National Defense Stockpile SEC. 8049. Appropriations contained in this formed services responsible for the collec- Transaction Fund during the current fiscal Act that remain available at the end of the tions and shall be over and above the facili- year may be obligated or expended to finance current fiscal year as a result of energy cost ty’s direct budget amount. any grant or contract to conduct research, savings realized by the Department of De- SEC. 8041. During the current fiscal year, development, test and evaluation activities fense shall remain available for obligation the Department of Defense is authorized to for the development or production of ad- for the next fiscal year to the extent, and for incur obligations of not to exceed $350,000,000 vanced materials, unless amounts for such the purposes, provided in section 2865 of title for purposes specified in section 2350j(c) of purposes are specifically appropriated in a 10, United States Code. title 10, United States Code, in anticipation subsequent appropriations Act. SEC. 8050. During the current fiscal year of receipt of contributions, only from the SEC. 8045. For the purposes of this Act, the and thereafter, voluntary separation incen- Government of Kuwait, under that section: term ‘‘congressional defense committees’’ tives payable under 10 U.S.C. 1175 may be Provided, That, upon receipt, such contribu- means the Committees on Appropriations of paid in such amounts as are necessary from tions from the Government of Kuwait shall the Senate and the House of Representatives, the assets of the Voluntary Separation In- be credited to the appropriation or fund the subcommittee on National Security of centive Fund established by section which incurred such obligations. the Committee on Appropriations and the 1175(h)(1). H 8636 CONGRESSIONAL RECORD — HOUSE September 7, 1995

(INCLUDING TRANSFER OF FUNDS) Fund shall be used for the purchase of an in- pany the report on the Department of De- SEC. 8051. Amounts deposited during the vestment item for the purpose of acquiring a fense Appropriations Act, 1996 is hereby in- current fiscal year to the special account es- new inventory item for sale or anticipated corporated into this Act: Provided, That the tablished under 40 U.S.C. 485(h)(2) and to the sale during the current fiscal year or a sub- amounts specified in the classified Annex are special account established under 10 U.S.C. sequent fiscal year to customers of the De- not in addition to amounts appropriated by 2667(d)(1) are appropriated and shall be avail- fense Business Operations Fund if such an other provisions of this Act: Provided further, able until transferred by the Secretary of item would not have been chargeable to the That the President shall provide for appro- Defense to current applicable appropriations Defense Business Operations Fund during fis- priate distribution of the classified Annex, or or funds of the Department of Defense under cal year 1994 and if the purchase of such an of appropriate portions of the classified the terms and conditions specified by 40 investment item would be chargeable during Annex, within the executive branch of the U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C. the current fiscal year to appropriations Government. made to the Department of Defense for pro- 2667(d)(1)(B), to be merged with and to be SEC. 8067. Notwithstanding any other pro- available for the same time period and the curement. vision of law, funds made available in this (b) The fiscal year 1997 budget request for same purposes as the appropriation to which Act for the Defense Intelligence Agency may the Department of Defense as well as all jus- transferred. be used for the design, development, and de- tification material and other documentation SEC. 8052. During the current fiscal year, ployment of General Defense Intelligence supporting the fiscal year 1997 Department of appropriations available to the Department Program intelligence communications and Defense budget shall be prepared and submit- of Defense may be used to reimburse a mem- intelligence information systems for the ted to the Congress on the basis that any ber of a reserve component of the Armed Services, the Unified and Specified Com- equipment which was classified as an end Forces who is not otherwise entitled to trav- mands, and the component commands. el and transportation allowances and who oc- item and funded in a procurement appropria- tion contained in this Act shall be budgeted SEC. 8068. Notwithstanding any other pro- cupies transient government housing while vision of law, funds ÷appropriated in this Act performing active duty for training or inac- for in a proposed fiscal year 1997 procure- ment appropriation and not in the supply for the High Performance Computing Mod- tive duty training: Provided, That such mem- ernization Program shall be made available bers may be provided lodging in kind if tran- management business area or any other area or category of the Defense Business Oper- only for the acquisition and sustainment of sient government quarters are unavailable as operations, including maintenance of the if the member was entitled to such allow- ations Fund. SEC. 8061. None of the funds provided in supercomputing and related networking ca- ances under subsection (a) of section 404 of this Act shall be available for use by a Mili- pability at (1) the DOD Science and Tech- title 37, United States Code: Provided further, tary Department to modify an aircraft, nology sites under the cognizance of the That if lodging in kind is provided, any au- weapon, ship or other item of equipment, DDR&E, (2) the DOD Test and Evaluation thorized service charge or cost of such lodg- that the Military Department concerned centers under the Director, Test and Evalua- ing may be paid directly from funds appro- plans to retire or otherwise dispose of within tion, OUSD (A&T), and (3) the Ballistic Mis- priated for operation and maintenance of the five years after completion of the modifica- sile Defense Organization: Provided, That the reserve component of the member concerned. tion: Provided, That this prohibition shall contracts, contract modifications, or con- SEC. 8053. None of the funds available in not apply to safety modifications: Provided tract options are awarded competitively this Act may be used to support in any man- further, That this prohibition may be waived solely upon the requirements of the users. ner, including travel or other related ex- by the Secretary of a Military Department if penses, the ‘‘Tailhook Association’’. SEC. 8069. Amounts collected for the use of the Secretary determines it is in the best na- SEC. 8054. The President shall include with the facilities of the National Science Center tional security interest of the United States each budget for a fiscal year submitted to for Communications and Electronics during to provide such waiver and so notifies the the Congress under section 1105 of title 31, the current fiscal year pursuant to section congressional defense committees in writing. United States Code, materials that shall 1459(g) of the Department of Defense Author- SEC. 8062. No part of the funds in this Act identify clearly and separately the amounts ization Act, 1986 and deposited to the special shall be available to prepare or present a re- account established under subsection requested in the budget for appropriation for quest to the Committees on Appropriations that fiscal year for salaries and expenses re- 1459(g)(2) of that Act are appropriated and for reprogramming of funds, unless for high- shall be available until expended for the op- lated to administrative activities of the De- er priority items, based on unforeseen mili- partment of Defense, the military eration and maintenance of the Center as tary requirements, than those for which provided for in subsection 1459(g)(2). departments, and the Defense Agencies. originally appropriated and in no case where SEC. 8055. During the current fiscal year, the item for which reprogramming is re- SEC. 8070. None of the funds appropriated in amounts contained in the Department of De- quested has been denied by the Congress. this Act may be used to fill the commander’s fense Overseas Military Facility Investment SEC. 8063. None of the funds appropriated position at any military medical facility Recovery Account established by section by this Act shall be available for payment of with a health care professional unless the 2921(c)(1) of the National Defense Authoriza- the compensation of personnel assigned to or prospective candidate can demonstrate pro- tion Act of 1991 (Public Law 101–510; 10 U.S.C. serving in the National Foreign Intelligence fessional administrative skills. 2687 note) shall be available until expended Program in excess of 92 percent of such per- SEC. 8071. (a) None of the funds appro- for the payments specified by section sonnel actually assigned to or serving in the priated in this Act may be expended by an 2921(c)(2) of that Act. National Foreign Intelligence Program on entity of the Department of Defense unless SEC. 8056. During the current fiscal year September 30, 1992: Provided, That in making the entity, in expending the funds, complies and thereafter, annual payments granted any reduction in the number of such person- with the Buy American Act. For purposes of under the provisions of section 4416 of the nel that may be required pursuant to this this subsection, the term ‘‘Buy American National Defense Authorization Act for Fis- section, the percentage of reductions to Sen- Act’’ means title III of the Act entitled ‘‘An cal Year 1993 (Public Law 102–428; 106 Stat. ior Intelligence Service positions shall be Act making appropriations for the Treasury 2714) shall be made from appropriations equal to or exceed the percentage of reduc- and Post Office Departments for the fiscal which are available for the pay of reserve tions to non-Senior Intelligence Service po- year ending June 30, 1934, and for other pur- component personnel. sitions: Provided further, That in making any poses’’, approved March 3, 1933 (41 U.S.C. 10a SEC. 8057. Of the funds appropriated or oth- reduction in the number of such personnel et seq.). erwise made available by this Act, not more that may be required pursuant to this sec- than $119,200,000 shall be available for pay- (b) If the Secretary of Defense determines tion, the percentage of reductions to posi- that a person has been convicted of inten- ment of the operating costs of NATO Head- tions in the National Capital Region shall be quarters. tionally affixing a label bearing a ‘‘Made in equal to or exceed the percentage of reduc- America’’ inscription to any product sold in SEC. 8058. During the current fiscal year, tions to positions outside of the National appropriations which are available to the De- or shipped to the United States that is not Capital Region. made in America, the Secretary shall deter- partment of Defense for operation and main- SEC. 8064. None of the funds provided by mine, in accordance with section 2410f of tenance may be used to purchase items hav- this Act may be used to pay the salaries of title 10, United States Code, whether the per- ing an investment item unit cost of not more any person or persons who authorize the son should be debarred from contracting than $50,000. transfer of obligated and deobligated appro- with the Department of Defense. SEC. 8059. During the current fiscal year priations into the Reserve for Contingencies and thereafter, appropriations available for of the Central Intelligence Agency. SEC. 8072. None of the funds appropriated the pay and allowances of active duty mem- SEC. 8065. None of the funds appropriated by this Act shall be available for a contract bers of the Armed Forces shall be available by this Act for programs of the Central In- for studies, analyses, or consulting services to pay the retired pay which is payable pur- telligence Agency shall remain available for entered into without competition on the suant to section 4403 of Public Law 102–484 obligation beyond the current fiscal year, ex- basis of an unsolicited proposal unless the (10 U.S.C. 1293 note) under the terms and con- cept for funds appropriated for the Reserve head of the activity responsible for the pro- ditions provided in section 4403. for Contingencies, which shall remain avail- curement determines— SEC. 8060. (a) During the current fiscal able until September 30, 1997. (1) as a result of thorough technical eval- year, none of the appropriations or funds SEC. 8066. The classified Annex prepared by uation, only one source is found fully quali- available to the Defense Business Operations the Committee on Appropriations to accom- fied to perform the proposed work, or September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8637 (2) the purpose of the contract is to explore Guard shall be under State command and for the same time period, as the appropria- an unsolicited proposal which offers signifi- control: Provided further, That such duty tion or fund to which transferred. cant scientific or technological promise, rep- shall be treated as full-time National Guard SEC. 8087. Funds in the amount of resents the product of original thinking, and duty for purposes of sections 12602 (a)(2) and $61,300,000 received during fiscal year 1996 by was submitted in confidence by one source, (b)(2) of title 10, United States Code. the Department of the Air Force pursuant to or SEC. 8080. Funds appropriated in this Act the ‘‘Memorandum of Agreement between (3) the purpose of the contract is to take for operation and maintenance of the Mili- the National Aeronautics and Space Admin- advantage of unique and significant indus- tary Departments, Unified and Specified istration and the United States Air Force on trial accomplishment by a specific concern, Commands and Defense Agencies shall be Titan IV/Centaur Launch Support for the or to insure that a new product or idea of a available for reimbursement of pay, allow- Cassini Mission,’’ signed September 8, 1994, specific concern is given financial support: ances and other expenses which would other- and September 23, 1994, and Attachments A, Provided, That this limitation shall not wise be incurred against appropriations for B and C to the Memorandum, shall be apply to contracts in an amount of less than the National Guard and Reserve when mem- merged with appropriations available for re- $25,000, contracts related to improvements of bers of the National Guard and Reserve pro- search, development, test and evaluation and equipment that is in development or produc- vide intelligence support to Unified Com- procurement for fiscal year 1996, and shall be tion, or contracts as to which a civilian offi- mands, Defense Agencies and Joint Intel- available for the same time period as the ap- cial of the Department of Defense, who has ligence Activities, including the activities propriation with which merged, and shall be been confirmed by the Senate, determines and programs included within the General available for obligation only for those Titan that the award of such contract is in the in- Defense Intelligence Program and the Con- IV vehicles and Titan IV-related activities terest of the national defense. solidated Cryptologic Program: Provided, under contract as of the date of enactment of SEC. 8073. Funds appropriated by this Act That nothing in this section authorizes devi- this Act, as well as on the follow-on launch for intelligence activities are deemed to be ation from established Reserve and National services and program sustaining support con- specifically authorized by the Congress for Guard personnel and training procedures. tract to be awarded in fiscal year 1996. SEC. 8081. (a) No project for the construc- purposes of section 504 of the National Secu- (INCLUDING TRANSFER OF FUNDS) rity Act of 1947 (50 U.S.C. 414) during fiscal tion of any facility, or improvement to any SEC. 8088. In addition to amounts appro- year 1996 until the enactment of the Intel- facility, having an estimated Federal cost in priated or otherwise made available by this ligence Authorization Act for fiscal year excess of $750,000, may be undertaken in any Act, $44,000,000 is hereby appropriated to the 1996. fiscal year unless specifically identified as a separate item in the President’s annual fis- Department of Defense and shall be available SEC. 8074. (a) None of the funds made avail- only for transfer to the United States Coast able by this Act may be obligated for design, cal year budget request or otherwise specifi- Guard for activities relating to national se- development, acquisition, or operation of cally authorized and appropriated if such fa- curity. more than 47 Titan IV expendable launch ve- cility or improvement would be used pri- SEC. 8089. The total amount appropriated hicles, or for satellite mission-model plan- marily by personnel of the intelligence com- in title II, III, and IV of this Act is hereby re- ning for a Titan IV requirement beyond 47 munity. (b) As used in this section, the term ‘‘intel- duced by $30,000,000 for savings through im- vehicles. ligence community’’ has the same meaning proved management of contractor automatic (b) $115,226,000 made available in this Act given that term in section 3(4) of the Na- data processing costs charged through indi- for Research, Development, Test and Evalua- tional Security Act of 1947 (50 U.S.C. 401a(4)). rect rates on Department of Defense acquisi- tion, Air Force, may only be obligated for SEC. 8082. The Secretary of Defense, from tion contracts. development of a new family of medium-lift within funds provided in this Act, may obli- and heavy-lift expendable launch vehicles SEC. 8090. (a) None of the funds appro- gate not to exceed $75,000 to fulfill Depart- evolved from existing technologies. priated in title III of this Act may be obli- ment of Defense obligations under the Edu- gated by the Department of Defense for ac- SEC. 8075. No funds available to the Depart- cational Loan Repayment Programs for ment of Defense in this Act may be used to quisition or advance procurement of any sys- State-sponsored student loan programs not establish additional field operating agencies tem or end item using incremental funding. covered under title IV, part B or E of the of any element of the Department during fis- (b) For purposes of this section, the term Higher Education Act of 1965 (title 20 U.S.C. cal year 1996, except for field operating agen- ‘‘incremental funding’’ has the meaning pro- 1071–1087). cies funded within the National Foreign In- vided in paragraph (3) of section 114(f) of title SEC. 8083. All refunds or other amounts col- telligence Program. 10, United States Code, as added by section lected in the administration of the Civilian 1007 of H.R. 1530 of the One Hundred Fourth SEC. 8076. Notwithstanding any other pro- Health and Medical Program of the Uni- vision of law, for resident classes entering Congress (the National Defense Authoriza- formed Services (CHAMPUS) shall be cred- tion Act for Fiscal Year 1996), as passed by the war colleges after September 30, 1996, the ited to current year appropriations. Department of Defense shall require that not the House of Representatives on June 15, less than 20 percent of the total of United (INCLUDING TRANSFER OF FUNDS) 1995. States military students at each war college SEC. 8084. None of the funds appropriated in (c) This section does not apply to an obli- shall be from military departments other this Act may be transferred to or obligated gation that is classified as an advance pro- than the hosting military department: Pro- from the Pentagon Reservation Maintenance curement for a system or end item that is to vided, That each military department will Revolving Fund, unless the Secretary of De- be procured on a full funding basis. recognize the attendance at a sister military fense certifies that the total cost for the SEC. 8091. None of the funds in this Act department war college as the equivalent of planning design, construction and installa- may be used to purchase any supercomputer attendance at its own war college for pro- tion of equipment for the renovation of the which is not manufactured in the United motion and advancement of personnel. Pentagon Reservation will not exceed States, unless the Secretary of Defense cer- SEC. 8077. None of the funds provided in $1,218,000,000. tifies to the congressional defense commit- this Act may be obligated for payment on SEC. 8085. (a) None of the funds available to tees that such an acquisition must be made new contracts on which allowable costs the Department of Defense for any fiscal in order to acquire capability for national se- charged to the government include payments year for drug interdiction or counter-drug curity purposes that is not available from for individual compensation at a rate in ex- activities may be transferred to any other United States manufacturers. cess of $250,000 per year. department or agency of the United States SEC. 8092. None of the funds appropriated in SEC. 8078. None of the funds available in except as specifically provided in an appro- this Act to the Department of the Army may this Act may be used to reduce the author- priations law. be obligated for procurement of 120mm mor- ized positions for military (civilian) techni- (b) None of the funds available to the tars or 120mm mortar ammunition manufac- cians of the Army National Guard, the Air Central Intelligence Agency for any fiscal tured outside of the United States. National Guard, Army Reserve and Air Force year for drug interdiction and counter-drug SEC. 8093. The Department of Defense shall Reserve for the purpose of applying any ad- activities may be transferred to any other release all funds appropriated and available ministratively imposed civilian personnel department or agency of the United States for the HAVE GAZE program to the Depart- ceiling, freeze, or reduction on military (ci- except as specifically provided in an appro- ment of the Air Force for obligation under vilian) technicians, unless such reductions priations law. existing contractual arrangements. are a direct result of a reduction in military (TRANSFER OF FUNDS) SEC. 8094. Notwithstanding any other pro- force structure. SEC. 8086. Appropriations available in this vision of law, (a) funds available to the Navy SEC. 8079. During the current fiscal year, Act under the heading ‘‘Operation and Main- in the Operation and Maintenance appropria- funds appropriated in this Act are available tenance, Defense-Wide’’ for increasing en- tion for refueling overhauls and defueling in- to compensate members of the National ergy and water efficiency in Federal build- activations of nuclear-powered warships are Guard for duty performed pursuant to a plan ings may, during their period of availability, available to transport the shipments of naval submitted by a Governor of a State and ap- be transferred to other appropriations or spent nuclear fuel to the Idaho National En- proved by the Secretary of Defense under funds of the Department of Defense for gineering Laboratory needed for examina- section 112 of title 32, United States Code: projects related to increasing energy and tion and storage to avoid threats to the na- Provided, That during the performance of water efficiency, to be merged with and to be tional security; and (b) the Secretary of the such duty, the members of the National available for the same general purposes, and Navy is hereby authorized to immediately H 8638 CONGRESSIONAL RECORD — HOUSE September 7, 1995 commence and accomplish such transpor- vided, That within funds appropriated for (B) Any other international peacekeeping tation: Provided, That the Secretary of De- ‘‘Operation and Maintenance, Army’’ in this or peace-enforcement operation that is not fense shall make the determination as to Act, not less than $2,000,000 shall be available underway as of the date of the enactment of what shipments are required for that purpose only to operate the National Training Cen- this Act. and shall ensure that the shipments are ter’s rotational airhead at the now closed (C) Any deployment after the date of the made in accordance with the practices and George Air Force Base: Provided further, That enactment of this Act of United States requirements applied to previous container the Secretary of the Army shall provide the ground forces in the territory of the former shipments of naval spent fuel to the Idaho congressional defense committees with a re- Yugoslavia above the level of such forces so National Engineering Laboratory: Provided port assessing the Army’s compliance with deployed as of such date of enactment, other further, That the authority in this section the terms of this provision not later than than a deployment involving fewer than 100 shall expire on September 30, 1996 or upon March 31, 1996: Provided further, That not personnel. the vacation or stay of the current or any later than April 30, 1996, the Department of (D) Except as provided in paragraph (2), subsequent injunction issued by the United the Army shall complete planning and design any international humanitarian assistance States District Court for the District of of the Barstow-Daggett airfield as the per- operation. Idaho which enjoins such shipments, which- manent airhead in support of training rota- ever occurs first: Provided further, That the tions at the National Training Center. (2) This section does not apply with respect authority in this section may not be used (TRANSFER OF FUNDS) to— unless the Secretary of Defense certifies in SEC. 8099. During the current fiscal year, (A) an international humanitarian assist- writing to the congressional defense commit- the Secretary of Defense may carry out ance operation carried out in response to a tees that a good-faith agreement between transfers of funds of not to exceed disaster; or the State of Idaho and the United States $200,000,000, as provided in section 127a(c) of (B) any other international humanitarian Government was attempted but could not be title 10, United States Code, as amended by assistance operation if the President reports reached concerning interim shipments of section 1003 of the National Defense Author- to Congress that the estimated cost of such spent nuclear fuel enjoined by any such in- ization Act for Fiscal Year 1996 (H.R. 1530): operation is less than $50,000,000. junction based on national security reasons. Provided, That the transfer authority pro- SEC. 8095. None of the funds appropriated (c) CONSULTATION WITH CONGRESS.—(1) Con- vided in this paragraph is in addition to any sultations under subsection (a) in the case of by this Act shall be available to lease or transfer authority contained elsewhere in charter a vessel on a long-term basis used to any operation shall be initiated before the this Act. initial deployment of United States Armed transport fuel or oil for the Department of SEC. 8100. The sum of $77,500,000 appro- Forces units to participate in the operation Defense in those instances where the leases priated in title I and the sum of $564,300,000 involve the construction of new ships unless appropriated in title II for additional incre- and, whenever possible, at least 15 days be- the Secretary of Defense requires that the mental costs associated with the operations fore such deployment. However, if the Presi- vessel be constructed in the United States of the Department of Defense designated, as dent determines that the national security with a double hull under the long term lease of June 1, 1995, as Operation Southern Watch so requires, the President may delay the ini- or charter authority provided in section 2401 and Operation Provide Comfort— tiation of such consultations until after such note of title 10, United States Code: Provided, (1) shall not be obligated or expended be- initial deployment, but in no case may such That this limitation shall not apply to con- fore the date on which the budget of the consultations be initiated later than 48 hours tracts in force on the date of enactment of President for fiscal year 1997 is transmitted after such deployment. this Act: Provided further, That by 1997 at to Congress; and (2) Such consultations shall include discus- least 20 percent of annual leases and charters (2) may be obligated or expended for such sion of all of the following: must be for ships of new construction: Pro- incremental costs on or after such date only (A) The goals of the operation and the mis- vided further, That the Military Sealift Com- if that budget specifically sets forth amounts sion of any United States Armed Forces mand shall plan to achieve the goal of elimi- proposed for fiscal year 1997 for each of those units involved in the operation. nating single hull ship leases by the year operations. (B) The United States interests that will 2015. SEC. 8101. (a) The Secretary of Defense SEC. 8096. None of the funds appropriated shall submit, on a quarterly basis, a report be served by the operation. or made available in this Act to the Depart- to the congressional defense committees set- (C) The estimated cost of the operation. ment of the Navy shall be used to develop or ting forth all costs (including incremental (D) The strategy by which the President procure main propulsion engines for the costs) incurred by the Department of Defense proposes to fund the operation, including LPD–17 class of ships unless such equipment during the preceding quarter in implement- possible supplemental appropriations or pay- is powered by a diesel engine manufactured ing or supporting resolutions of the United ments from international organizations, for- in the United States by a domestically oper- Nations Security Council, including any eign countries, or other donors. ated entity: Provided, That the Secretary of such resolution calling for international (E) The extent of involvement of armed Defense may waive this restriction on a case- sanctions, international peacekeeping oper- forces and other contributions of personnel by-case basis by certifying in writing to the ations, and humanitarian missions under- from other nations. Committees on Appropriations of the House taken by the Department of Defense. The (F) The anticipated duration and scope of of Representatives and the Senate that ade- quarterly report shall include an aggregate the operation. quate domestic supplies are not available to of all such Department of Defense costs by (3) Such consultations shall continue on a meet Department of Defense requirements operation or mission. periodic basis throughout the period of the on a timely basis and that such an acquisi- (b) The Secretary of Defense shall detail in deployment. tion must be made in order to acquire capa- the quarterly reports all efforts made to seek bility for national security purposes or there credit against past United Nations expendi- (d) REQUESTS FOR EMERGENCY SUPPLE- exists a significant cost or quality dif- tures and all efforts made to seek compensa- MENTAL APPROPRIATIONS.—Whenever there is ference. tion from the United Nations for costs in- a deployment of United States Armed Forces SEC. 8097. None of the funds appropriated curred by the Department of Defense in im- to perform an international humanitarian, or made available in this Act to the Depart- plementing and supporting United Nations peacekeeping, or peace-enforcement oper- ment of the Navy shall be used to develop or activities. ation, the President should seek emergency procure an emergency generator set for the SEC. 8102. (a) LIMITATION ON PARTICIPATION supplemental appropriations to meet the in- New Attack Submarine unless such equip- IN CERTAIN OPERATIONS.—None of the funds cremental costs to the Department of De- ment is powered by a diesel engine manufac- available to the Department of Defense for fense of that deployment not later than 90 tured in the United States by a domestically the current fiscal year shall be obligated or days after the date on which such deploy- operated entity: Provided, That the Sec- expended for costs incurred by United States ment commences. retary of Defense may waive this restriction Armed Forces units serving in an operation (e) COMMITTEES TO BE INCLUDED IN CON- on a case-by-case basis by certifying in writ- described in subsection (b) unless the Presi- SULTATIONS.—The committees referred to in ing to the Committees on Appropriations of dent engages in consultations with the bipar- subsection (a) are the following: the House of Representatives and the Senate tisan leadership of Congress and the congres- (1) The congressional defense committees. that adequate domestic supplies are not sional committees named in subsection (e) (2) The Committee on Foreign Relations of available to meet Department of Defense re- regarding such operation in accordance with the Senate and the Committee on Inter- quirements on a timely basis and that such subsection (c)(1). national Relations of the House of Rep- (b) COVERED OPERATIONS.—(1) This section an acquisition must be made in order to ac- resentatives. applies to the following: quire capability for national security pur- (3) The Select Committee on Intelligence poses or there exists a significant cost or (A) Any international peacekeeping or of the Senate and the Permanent Select quality difference. peace-enforcement operation that is not un- Committee on Intelligence of the House of SEC. 8098. The Army shall use George Air derway as of the date of the enactment of Force Base as the interim airhead for the this Act and that is authorized by the Secu- Representatives. National Training Center at Fort Irwin until rity Council of the United Nations under SEC. 8103. (a) LIMITATION ON TRANSFER OF Barstow-Daggett reaches Initial Operational chapter VI or VII of the Charter of the Unit- DEFENSE ARTICLES AND SERVICES.—Notwith- Capability as the permanent airhead: Pro- ed Nations. standing any other provision of law, none of September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8639 the funds available to the Department of De- expanded for the procurement of munitions My amendment does not do away with fense for the current fiscal year may be obli- unless such acquisition fully complies with D–5 missiles; it simply cancels the gated or expended to transfer to another na- the Competition in Contracting Act. backfit, limits the Navy to 10 subs with tion or an international organization any de- Mr. BURTON of Indiana (during the D–5 missiles, and saves taxpayers $3 fense articles or services (other than intel- reading). Mr. Chairman, I ask unani- ligence services) for use in the activities de- billion over 7 years. That is a reason- scribed in subsection (b) unless the congres- mous consent that the amendment be able request. sional defense committees are notified 15 considered as read and printed in the It is a reasonable request because the days in advance of such transfer. RECORD. D–5 missile was designed to hit targets (b) COVERED ACTIVITIES.—(1) This section The CHAIRMAN. Is there objection in the Soviet Union. Well, guess what applies to— to the request of the gentleman from folks. The Soviet Union no longer ex- (A) any international peacekeeping or Indiana? ists. If 10 D–5 subs were enough to stop peace-enforcement operation under the au- There was no objection. the Soviet threat during the height of thority of chapter VI or chapter VII of the Mr. BURTON of Indiana. Mr. Chair- United Nations Charter under the authority the cold war, then 10 D–5 subs are cer- of a United Nations Security Council resolu- man, I have cleared this amendment tainly enough to stop today’s smaller tion; and with both the majority and minority threat from the former Soviet Union. (B) any other international peacekeeping, leaders on the committee. My amend- And if my colleagues are concerned peace-enforcement, humanitarian, or disas- ment saves taxpayers’ dollars, supports about threats from rogue nations like ter relief operation. open and fair competition and codifies North Korea and Iran, my answer is (c) REQUIRED NOTICE.—A notice under sub- existing law. It is noncontroversial. simple: One Trident submarine, loaded section (a) shall include the following: Mr. YOUNG of Florida. Mr. Chair- with 24 D–5 missiles, would be more (1) A description of the equipment, sup- plies, or services to be transferred. man, will the gentleman yield? than enough to stop a threat from (2) A statement of the value of the equip- Mr. BURTON of Indiana. I yield to these nations. ment, supplies, or services to be transferred. the gentleman from Florida, chairman And let us not get into a debate (3) In the case of a proposed transfer of of the Defense Appropriations Sub- about this amendment damaging mili- equipment or supplies— committee. tary readiness. If military readiness is (A) a statement of whether the inventory Mr. YOUNG of Florida. Mr. Chair- a problem, it is not because we have requirements of all elements of the Armed man, I would say that we have exam- not pumped enough money into the Forces (including the reserve components) ined this amendment and discussed it military budget. Rather, it is because for the type of equipment or supplies to be the Pentagon has some seriously mis- transferred have been met; and with the gentleman and believe that it (B) a statement of whether the items pro- does promote competition and think it placed spending priorities. posed to be transferred will have to be re- is a positive addition to this bill and With soldiers on food stamps, we can- placed and, if so, how the President proposes we accept the amendment. not afford to be wasting billions of pre- to provide funds for such replacement. Mr. MURTHA. Mr. Chairman, if the cious dollars on this wasteful and ex- SEC. 8104. None of the funds available to gentleman will yield, we accept the pendable program. But really when it the Department of Defense shall be obligated amendment. comes down to it, the Woolsey amend- or expended for the purposes of deploying The CHAIRMAN. The question is on ment is not about spending priorities United States Armed Forces to participate within the military; it is about spend- in the implementation of a negotiated peace the amendment offered by the gen- settlement in Bosnia-Herzegovina, unless tleman from Indiana [Mr. BURTON]. ing priorities, period. such deployment is previously authorized by The amendment was agreed to. We cannot balance the budget on the law. The CHAIRMAN. Are there further backs of children, on the backs of SEC. 8105. Except as expressly authorized amendments to title VIII? working families, and on the backs of by law or provided for specifically in an Act seniors, while allowing the Pentagon’s b making appropriations for the Department 1500 budget to balloon. of Defense, none of the funds available to the AMENDMENT NO. 47 OFFERED BY MS. WOOLSEY Let us hold this Congress and the Department of Defense after December 1, Pentagon accountable. Let us make it 1995, for the current fiscal year or any fiscal Ms. WOOLSEY. Mr. Chairman, I offer year hereafter shall be available to support an amendment. clear that spending an additional $3 or otherwise provide funds for any program The CHAIRMAN. The Clerk will des- billion on the Trident force is a waste- or activity (other than an intelligence pro- ignate the amendment. ful and ill-advised mistake. It is time gram or activity) for which another Federal The text of the amendment is as fol- to put any further spending on this department or agency has primary respon- lows: cold war relic where it belongs: in the sibility or which is a type of program or ac- Amendment No. 47 Offered by Ms. WOOL- history books. tivity for which funds are customarily pro- SEY. Page 94, after line 3, insert the following Mr. YOUNG of Florida. Mr. Chair- vided in appropriations available to another new section: man, I rise in opposition to the amend- Federal department or agency. The limita- SEC. 8107. None of the funds appropriated in ment. tion in the preceding sentence does not apply this Act may be used to modify any Trident with respect to funds made available to an- Mr. Chairman, I would like to briefly I submarine to enable that submarine to be other department or agency in accordance point out that the President of the deployed with Trident II (D–5) missiles. with section 1535 of title 31, United States United States, through the Nuclear Code. Ms. WOOLSEY. Mr. Chairman, once Posture Review, endorsed the need for SEC. 8106. None of the funds available to again I am here to get this body to do the Trident D–2 backfit. The D–5 missile the Department of Defense shall be obligated something that the National Taxpayers has improved military effectiveness or expended to make a financial contribution Union, Citizens Against Government and reliability, greater range, and to the United Nations for the cost of an Unit- Waste, the Council for a Livable World, twice the design life of the older C–4 ed Nations peacekeeping activity (whether and Members on both sides of the aisle pursuant to assessment or a voluntary con- missile which it replaces. tribution) or for payment of any United believe should have been long ago: Stop Trident submarines are expected to States arrearage to the United Nations. wasting money on the Trident nuclear last at least 30 years, and in today’s The CHAIRMAN. Are there any missiles. world they might have to last twice amendments to title VIII? At a time when this Congress is mak- that long. The C–4 missile will defi- ing cuts in education, student aid, and nitely not have that much of a shelf AMENDMENT OFFERED BY MR. BURTON OF Medicare, I am outraged that we are INDIANA life. C–4 production actually termi- even talking about investing $3 billion Mr. BURTON of Indiana. Mr. Chair- nated in 1987 and the C–4 will have to over the next 7 years in this cold war man, I offer an amendment. be replaced. relic, especially when the Navy didn’t The Clerk read as follows: The most cost-effective approach is even request it. to continue procurement of the D–5 Amendment offered by Mr. BURTON of Indi- Backfitting 4 Trident submarines missile and use some of them to ana: Page 94, after line 3, insert the following new section: that now carry C–4 missiles with ex- backfit the older Trident submarines. SEC. 8107. None of the funds made available pensive D–5 missiles would give us a However, the strongest argument I in this Act under the heading ‘‘Procurement total of 14 subs carrying D–5 missiles; 4 can make against this amendment is of Ammunition, Army’’ may be obligated or more than the Navy originally planned. that there is no money in this bill for H 8640 CONGRESSIONAL RECORD — HOUSE September 7, 1995 the D–5 submarine backfit and hope- last year, to oppose the Woolsey Mr. MURTHA. I yield to the gen- fully the gentlewoman would withdraw amendment, and to continue to support tleman from Florida. the amendment. the Trident submarine program and the Mr. YOUNG of Florida. Mr. Chair- Mrs. SCHROEDER. Mr. Chairman, I D–5 backfit. man, we certainly concur with this rise in support of the Woolsey amend- Ms. WOOLSEY. Mr. Chairman, I ask amendment and urge that it be adopt- ment. unanimous consent to withdraw my ed. Mr. Chairman, I think the gentle- amendment. The CHAIRMAN. The question is on woman from California [Ms. WOOLSEY] The CHAIRMAN. Is there objection the amendment offered by the gen- makes an awful lot of sense. The ques- to the request of the gentlewoman tleman from Pennsylvania [Mr. MUR- tion is how much is enough and are we from California? THA]. buying things based on a threat-based There was no objection. The amendment was agreed to. analysis? I think everybody knows we The CHAIRMAN. Are there further The CHAIRMAN. Are there further have enough D–5 missiles to more than amendments to title VIII? amendments to title VIII? deter any threat from anywhere at any AMENDMENT OFFERED BY MR. YOUNG OF AMENDMENT NO. 82 OFFERED BY MR. SANDERS time. We have got a lock on all of this. FLORIDA Mr. SANDERS. Mr. Chairman, I offer The real question is why do we keep Mr. YOUNG of Florida. Mr. Chair- an amendment. buying more and more and more? Or man, I offer an amendment. The CHAIRMAN. The Clerk will des- why are planning for more, when real- The Clerk read as follows: ignate the amendment. ly, if we were going to invest wisely, I Amendment offered by Mr. YOUNG of Flor- think we would fall back and figure out The text of the amendment is as fol- ida: On page 55, line 8, after the word ‘‘com- lows: what might be coming in the future, if mittees’’ insert the following: ‘‘, and the some enemy in the future moves for- Committee on International Relations of the Amendment offered by Mr. SANDERS: Page ward. But we have a lock on this tech- House of Representatives and the Committee 94, after line 3, add the following new sec- tion: nology. We know how to do it. on Foreign Relations of the Senate’’. SEC. 8107. None of the funds available to Mr. Chairman, I just think the gen- On page 87, line 10, after the word ‘‘com- mittees’’ insert the following: ‘‘, the Com- the Department of Defense under this Act tlewoman from California [Ms. WOOL- mittee on International Relations of the shall be obligated or expended to pay a con- SEY] makes a tremendous amount of House of Representatives, and the Commit- tractor under a contract with the Depart- sense with this and I congratulate the tee on Foreign Relations of the Senate’’. ment of Defense for costs of any amount paid gentlewoman. On page 91, line 21, after the word ‘‘com- by the contractor to an employee when it is Ms. WOOLSEY. Mr. Chairman, will mittees’’ insert the following: ‘‘, and the made known to the Federal official having the gentlewoman yield? Committee on International Relations of the authority to obligate or expend such funds Mrs. SCHROEDER. I yield to the gen- House of Representatives and the Committee that— tlewoman from California. on Foreign Relations of the Senate’’. (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the Ms. WOOLSEY. Mr. Chairman, I Mr. YOUNG of Florida. Mr. Chair- would like to respond to the issue of contractor to the employee; and man, this is a technical amendment. (2) such bonus is part of restructuring costs there being no money in the bill for the We have, in this bill, asked the Depart- associated with a business combination. backfit. The Navy is currently plan- ment of Defense to provide certain re- Mr. SANDERS. Mr. Chairman, the ning how to accomplish the backfit and ports to the defense committees of the Pentagon is spending $31 million in funds in this bill will be used for this House and the Senate. This amendment taxpayer dollars for corporate bonuses planning. would include as recipients of those re- for the top executives of just one major My amendment says that this plan- ports the Committee on International ning will not occur and will forgo the defense contractor, the Lockheed-Mar- Relations in the House and the Com- tin Corp. With so much concern about backfit. It makes an important policy mittee on Foreign Relations in the statement and it sets precedent for fu- the Federal deficit and Government Senate. waste, I would hope that every Member ture appropriations bills that will con- Mr. Chairman, it is strictly a tech- tain funds expressly for the backfit. of the Congress supports the amend- nical amendment. ment that I am offering which would Even though there is no money right Mr. MURTHA. Mr. Chairman, we ap- now for backfit, there is certainly prohibit this practice. plaud the gentleman from Florida [Mr. Mr. Chairman, as you know, earlier money in the bill for planning that YOUNG] and have no problems with the backfit. this year Pentagon officials agreed to amendment. use $31 million in taxpayer money to Mr. DICKS. Mr. Chairman, I rise in The CHAIRMAN. The question is on pay a third of the $92 million in bo- opposition to the Woolsey amendment. the amendment offered by the gen- nuses that top corporate executives of Mr. Chairman, last year the House tleman from Florida [Mr. YOUNG]. the Martin-Marrietta Corp. and the voted on this issue and basically took The amendment was agreed to. the position that we should support the Lockheed Corp. granted themselves for AMENDMENT OFFERED BY MR. MURTHA backfit. staging the largest merger of defense Mr. MURTHA. Mr. Chairman, I offer Mr. Chairman, I would like to point contractors in American history, and an amendment. out to my distinguished friend and col- that was the creation of the Lockheed- The Clerk read as follows: league that the Nuclear Posture Re- Martin Corp. with $11.6 billion in an- view, which was done by the Depart- Amendment offered by Mr. MURTHA: On nual military sales and $23 billion in page 94, after line 3, insert the following new total annual sales. ment of Defense, does, in fact, call for section: the backfit of 4 Trident submarines Sec. 8107. None of the funds in this Act Just 2 months after this development with the D–5 missile. That is the ad- may be used to implement any change to the took place, the same corporate execu- ministration’s position and that is the computation of military retired pay as re- tives announced plans to fire 19,000 Navy’s position. quired by law in fiscal year 1995 for military American workers and to close 12 fac- So, I would just say this: That we personnel who entered the Service before tories and laboratories across the Na- have entered into a series of arms con- September 8, 1980. tion. trol agreements which call upon us to Mr. MURTHA. Mr. Chairman, this Mr. Chairman, this seems to me to be make major reduction in our land- amendment takes care of a problem an example of corporate welfare at its based missiles, to reduce our bomber which for 2 years the Committee on worst and I would hope that the Mem- force to a level that I am frankly trou- Appropriations has worked out. There bers would support my amendment, bled by, and the basic deterrent that was a perception it saved a lot of which would prohibit this golden para- we have left is on our Trident sub- money by changing the formula for re- chute, as well as any which take place. marines, some of which are based on tirement of the military. We find that Mr. MURTHA. Mr. Chairman, will the east coast in Georgia and others on it has not saved a lot of money. We are the gentleman yield? the west coast in Washington State, offering an amendment to rectify that Mr. SANDERS. I yield to the gen- from my home area. problem. tleman from Pennsylvania. Mr. Chairman, I would urge my col- Mr. YOUNG of Florida. Mr. Chair- Mr. MURTHA. Mr. Chairman, I want leagues to stay with their position of man, will the gentleman yield? to compliment the gentleman from September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8641

Vermont [Mr. SANDERS] for the work ual, entity, or organization whose expendi- when we were debating the Labor HHS he has done on this amendment and tures for political advocacy for the previous appropriations. The gentleman from certainly, speaking for this side of the Federal fiscal year exceeded 15 percent of its Oklahoma [Mr. ISTOOK] offered an aisle, we would be glad to accept the total expenditures for that Federal fiscal amendment that said that any recipi- year. amendment. (b) LIMITATION ON USE OF FEDERAL FUNDS ent of a Federal grant was not allowed Mr. YOUNG of Florida. Mr. Chair- TO AWARD CONTRACTS.—None of the funds to lobby with their non-Federal funds. man, will the gentleman yield? made available by this Act may be used to Non-Federal funds. Mr. SANDERS. I yield to the gen- award a contract when it is made known to So as my colleagues may know from tleman from Florida. the Federal official having authority to obli- many of the articles that have ap- Mr. YOUNG of Florida. Mr. Chair- gate or expend such funds that— peared since in the Wall Street Journal man, I associate myself with the re- (1) the expenditures of the potential con- and other places, they talk about how marks of the gentleman from Penn- tractor (other than an individual person) for the Girl Scouts, the Red Cross, all activities described in subsection (a) for any sylvania [Mr. MURTHA] and we are one of the previous five Federal fiscal years sorts of groups such as that, will not be happy to accept this amendment. (excluding any fiscal year before 1996) ex- able to lobby here because they got The CHAIRMAN. The question is on ceeding the sum of— Federal funds, even with non-Federal the amendment offered by the gen- (A) the first $20,000,000 of the difference be- funds. tleman from Vermont. [Mr. SANDERS]. tween the potential contractor’s total ex- OK. That makes sense. The amendment was agreed to. penditures made in the fiscal year and the Now, I voted against that, because I total amount of Federal contracts and AMENDMENT NO. 85 OFFERED BY MRS. felt that that was really infringing grants it was awarded in that fiscal year, SCHROEDER their free speech. multiplied by .05; and What my amendment does today is Mrs. SCHROEDER. Mr. Chairman, I (B) the remainder of the difference cal- offer an amendment. culated in subparagraph (A), multiplied by say, ‘‘Okay, guys, I lost. If we are going The CHAIRMAN. The Clerk will des- .01; to do that to nonprofits, then we cer- ignate the amendment. (2) the potential contractor has used funds tainly ought to be doing it to profits.’’ The text of the amendment is as fol- from any Federal contract to purchase or se- My amendment says what is good for lows: cure any goods or services (including dues the goose is good for the gander, or and membership fees) from any other indi- Amendment No. 85 offered by Mrs. SCHROE- what is good for a nonprofit ought to vidual, entity, or organization whose expend- DER: Page 94, after line 3, insert the follow- be able to be good for a profit. ing: itures for activities described in subsection What this amendment says is that (a) for fiscal year 1995 exceeded 15 percent of SEC. 8107. (a) LIMITATION ON THE USE OF companies that receive high amounts its total expenditures for that Federal fiscal FEDERAL FUNDS BY CONTRACTORS FOR POLITI- year; or of money for defense contracts and CAL ADVOCACY.—None of the funds made (3) the potential contractor has used funds Government contracts that are in for- available by this Act may be used by any profit businesses also cannot use their Federal contractor for an activity when it is from any Federal contract for a purpose made known to the Federal official having (other than to purchase or secure goods or non-Government money to lobby. authority to obligate or expend such funds services) that was not specifically permitted Now, let us be real serious about this that the activity is any of the following: by Congress in the law authorizing the con- here. Who do you think, who do you (1) Carrying on propaganda, or otherwise tract. think has the most influence here: the attempting to influence Federal, State, or (c) EXCEPTIONS.—The activities described Girl Scouts or some of the big contrac- in subsection (a) do not include an activity local legislation or agency action, including tors? Now, we have shut the Girl any of the following: when it is made known to the Federal offi- cial having authority to obligate or expend Scouts out, and we have shut the (A) Monetary or in-kind contributions, en- YMCA out, and we have shut the Boy dorsements, publicity, or similar activity. such funds that the activity is any of the fol- (B) Any attempt to influence any legisla- lowing: Scouts out, and we have shut out all of tion or agency action through an attempt to (1) Making available the results of non- those groups because we realize the affect the opinions of the general public or partisan analysis, study, research, or debate. terrific power they were wielding in any segment thereof, including any commu- (2) Providing technical advice or assistance this body, and I think if you really be- nication between the contractor and an em- (where such advice would otherwise con- lieve that, then you had better look at ployee of the contractor to directly encour- stitute the influencing of legislation or agen- cy action) to a government body or to a com- what is going on with defense firms. age such employee to urge persons other I got from several different groups than employees to engage in such an at- mittee or other subdivision thereof in re- sponse to a written request by such body or who monitor this the amount of money tempt. defense firms are handing out. It is a (C) Any attempt to influence any legisla- subdivision, as the case may be. tion or agency action through communica- (3) Communications between a contractor phenomenal amount of money. I woke tion with any member or employee of a leg- and its employees with respect to legisla- up this morning, there were TV ads on islative body or agency, or with any govern- tion, proposed legislation, agency action, or television for the B–2 bomber. That ment official or employee who may partici- proposed agency action of direct interest to looks like lobbying to me. Imagine, it pate in the formulation of the legislation or the contractor and such employees, other than communications described in subpara- would be in Washington where policy- agency action, including any communication makers are getting up and watching between the contractor and an employee of graph (C). (4) Any communication with a govern- the news. We see ads in newspapers, we the contractor to directly encourage such see people coming around to offices, we employee to engage in such an attempt or to mental official or employee, other than— urge persons other than employees to engage (A) a communication with a member or see pens, we see all sorts of things. in such an attempt. employee of a legislative body or agency These are the real megalobbyists. They (2) Participating or intervening in (includ- (where such communication would otherwise not only have that, they have some- ing the publishing or distributing of state- constitute the influencing of legislation or thing the nonprofits do not have, they ments) any political campaign on behalf of agency action); or (B) a communication the principal purpose also have political action committees. (or in opposition to) any candidate for public So yesterday we were having a big office, including monetary or in-kind con- of which is to influence legislation or agency action. debate on this floor about how we tributions, endorsements, publicity, or simi- ought to have real reform, and if we lar activity. (5) Official communication by employees of (3) Participating in any judicial litigation State or local governments, or by organiza- are going to have real reform and we or agency proceeding (including as an ami- tions whose membership consists exclusively are going to insist that nonprofits are cus curiae) in which agents or instrumental- of State or local governments. going to be gagged and not be able to ities of Federal, State, or local governments (Mrs. SCHROEDER asked and was talk or be able to spend their money to are parties, other than litigation in which given permission to revise and extend consult Congress, we certainly ought the contractor or potential contractor is a her remarks.) to adopt this amendment which just defendant appearing in its own behalf; is de- Mrs. SCHROEDER. Mr. Chairman, I says do to the profits what you do to fending its tax-exempt status; or is challeng- hope that my colleagues can just ac- the nonprofits; do to the defense con- ing a government decision or action directed specifically at the powers, rights, or duties cept this amendment. I think it is fair- tractors and other people who have of that contractor or potential contractor. ly simple. Most of the Members of the Government contracts what you did to (4) Allocating, disbursing, or contributing body voted on an amendment very the nonprofit people who got grants any funds or in-kind support to any individ- similar to this recently and that was from the Government. H 8642 CONGRESSIONAL RECORD — HOUSE September 7, 1995 That, I think, is something that if we Mrs. SCHROEDER. Mr. Chairman, if gentlewoman to withdraw the amend- do not do it, it is going to be awfully the gentleman will yield further, my ment and see if we cannot work some- hard to explain back home, and I think concern about that is because of the thing out. when we see more and more groups get- very stringent time limits we are Mrs. SCHROEDER. Mr. Chairman, ting concerned about whether we are under, I might not be able to get back based upon the agreement of both of making decisions here based on the up and get it offered. If there is some the gentlemen, I certainly will be more threat or whether we are making deci- assurance that I can get recognized than happy to withdraw it under the sions here based on PAC contributions again before the time clock goes off. condition I can reoffer it, hopefully, in or lobbying or nonprofit groups exert- Mr. YOUNG of Florida. I would have a few minutes where we can work ing excess powers such as Senator no problem with some assurance there. something out. SIMPSON in the Senate has talked I would like to point out, these laws Mr. Chairman, I ask unanimous con- about, or whatever, we have got to do dealing with this subject really are leg- sent to withdraw the amendment. this equally and evenhandedly, or oth- islation and not appropriations. The The CHAIRMAN. Is there objection erwise it looks like we are being dis- gentlewoman is on the authorizing to the request of the gentlewoman ingenuous. committee. That might have been the from Colorado? So while I would like to have every- place to have addressed this issue. There was no objection. body have free speech, since this body But we began this bill in late July, The CHAIRMAN. The amendment is overruled my position and decided we early August. Here it is now Septem- withdrawn, without prejudice. are not going to have free speech for ber. This amendment was just filed. So AMENDMENT OFFERED BY MR. CALLAHAN nonprofits, that these very, very dan- we would like a little time to make Mr. CALLAHAN. Mr. Chairman, I gerous groups out there that have got- sure exactly what the effect would be. offer an amendment, amendment No. ten these grants must not be able to Mrs. SCHROEDER. If the gentleman 73. lobby even with their own money, I would yield further, I understand what The CHAIRMAN. The Clerk will des- certainly think if we are that afraid of the gentleman is saying. As you know, ignate the amendment. the Sierra Club and if we are that the prior Istook amendment on non- The text of the amendment is as fol- afraid of the Children’s Defense Fund, profits came out of the Committee on lows: we ought to be afraid of big contractors Appropriations. None of us thought we Amendment offered by Mr. CALLAHAN: who live off of this Federal money, and should be doing this in the authorizing Page 94, after line 3, insert the following new some make as much as almost $23 bil- committee, which is why I did not offer section: lion a year. We certainly ought to say it. But since this body adopted it on SEC. 8107. LIMITATION ON PROCUREMENT OF they should not be able to use their the Labor, HHS and Education amend- CERTAIN VESSEL PROPELLERS AND SHIP PROPULSION SHAFTING. non-Government funds to lobby. ments, it seemed to me only fair we do (a) Subject to subsection (c), none of the So I would hope this could be agreed the same kind of thing, and our re- funds made available by this Act may be to, and I would hope that we could get search makes it look like it is an abso- used to procure vessel propellers six feet in on to it since the body has agreed to lute mirror image. It just takes the diameter or greater when it is made known exactly the same thing in other appro- Istook amendment, which basically I to the Federal official having authority to priation bills for nonprofits, and so I am opposed to, and I would be opposed obligate or expend such funds that such pro- hope everybody can concede this very to shutting off speech, but we did it. It pellers are not manufactured in the United early. seems to me only fair then that we do States and do not incorporate castings that are poured and finished only in the United Mr. YOUNG of Florida. Mr. Chair- it for the for-profits. That is all I am States. man, I rise in opposition to the amend- trying to do as we proceed here. (b) Subject to subsection (c), none of the ment. So the reason we did not do it in the funds made available by this Act may be I do so only because I am not exactly other forum was that we had no idea used to procure ship propulsion shafting sure what the effect would be. We were appropriations was going to start legis- when it is made known to the Federal offi- just provided this amendment today. lating on appropriation bills. So we cial having authority to obligate or expend We are trying to determine what effect have no choice but to do the same. such funds that such ship propulsion shafting it would have on title 10 of the United Mr. YOUNG of Florida. The dif- is not manufactured in the United States. ference is the nonprofits that we are (c) The limitation in subsection (a) or sub- States Code, Armed Forces, which section (b), as the case may be, does not deals with procurement and contract- talking about do not have all of this apply when it is made known to the Federal ing and things of this type. I am not law that relate to them, where the De- official having authority to obligate or ex- really sure what effect that would fense Department does, and I just need pend such funds that adequate domestic sup- have, and I am just wondering if the to check and make sure that we have plies of propellers described in subsection (a) gentlewoman would be willing to defer something that is not going to be fly- or of ship propulsion shafting are not avail- a decision on this amendment for ing up against another law. able to meet Department of Defense require- maybe 15 or 20 minutes to give us a Mrs. SCHROEDER. If the gentleman ments on a timely basis. chance to try to finish our research on will yield further, again, what I under- Mr. CALLAHAN. Mr. Chairman, the it. stand where we are is we have about 15 purpose of my amendment is to insert Mrs. SCHROEDER. Mr. Chairman, minutes to look at this. Then we can a buy American clause that has been in would the gentleman yield? reoffer it, and, hopefully, you can ac- existence for a great number of years. Mr. YOUNG of Florida. Mr. Chair- cept it at that point. This buy American clause had to do man, I yield to the gentlewoman from Mr. YOUNG of Florida. Before we do with propellers, and it was in the 1994 Colorado. that, the gentleman from Pennsylvania appropriations bill and authorization Mrs. SCHROEDER. I appreciate your [Mr. MURTHA] was on his feet, and I bill, and for some reason it was left out open-mindedness on this. And, yes, we think he wanted to engage in this con- of the 1995–96 appropriation bill. have researched that. versation. We might want to do that But I think it is very important that But if we could ask unanimous con- before we withdraw the amendment. we recognize that this is an oppor- sent to withhold further debate on this Mr. MURTHA. Mr. Chairman, would tunity to spend money in the United for 15 minutes, would that be adequate? the gentleman yield? States, an opportunity to create jobs Mr. YOUNG of Florida. That would Mr. YOUNG of Florida. I yield to the here in the United States. be helpful. gentleman from Pennsylvania. We have a letter from the Depart- The CHAIRMAN. The gentlewoman Mr. MURTHA. I just wanted to add ment of the Navy dated August 22, 1994, can withdraw the amendment by unan- my request to withdraw and see if we that certainly agrees with the purpose imous consent and then reoffer it once could not work something out on it. It of this, because they fear if we do not the research is done. Otherwise the de- is a complicated subject. It is a com- include this, that we are going to lose bate would have to continue until such prehensive amendment, which cer- the capability then, in the event of any time as everybody was talked out and tainly in committee I opposed the emergency, to have the capability of the Chair would then put the question Istook amendment because of my con- developing propellers greater than 6 on the amendment. cern for that issue, and I would ask the feet in diameter. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8643 The 1994 future years plan called for recognized as a core mission by the Mr. Chairman, I rise today in support of the the construction of 48 ships, and the Navy. The Navy has stated that it is Callahan amendment to require that compo- Navy’s fiscal year 1996 plan calls for critical to our national security that it nents for vessels of the Department of De- only the construction of 28 ships. remain operational in support of the fense be manufactured in the United States. Since the Navy’s report, one fully in- fleet. This amendment makes good sense and has tegrated ship propeller manufacturer This amendment would not challenge largely been included in the House-passed has gone out of business. Today there the Navy’s position on the Philadelphia Department of Defense authorization for fiscal are only two fully integrated propeller propeller shop and foundry. Its intent year 1996. manufacturers left in the United is not to cause the closure or We all know that our defense readiness is States with the capability to design, downsizing in any way, shape or form in part dependent on our industrial capability cast, and machine large monoblock of this great facility. to manufacture defense systems. Without this propellers and propeller blades for the Mr. FOGLIETTA. I thank my col- base, we could find ourselves totally depend- U.S. Navy. The Navy’s report specifi- league. ent on foreign sources, which could be unreli- cally states that these specialized tech- Mr. SANDERS. Mr. Chairman, would able and possibly nonexistent in time of na- nologies, processes, skills, and facili- the gentleman yield? tional emergency. This base, however, may be ties required for the manufacture, in- Mr. CALLAHAN. I yield to the gen- in jeopardy unless Congress enacts this do- cluding both casting and finish ma- tleman from Vermont. mestic source statute. chining, for blades and monoblock pro- Mr. SANDERS. Mr. Chairman, I It is troubling when the Clinton administra- pellers, is critical to maintaining an speak in support of the gentleman’s tion uses international armaments cooperation adequate U.S. industrial base to sup- amendment. I think he is raising a as a justification for not supporting American port current and future Navy require- very important issue, but obviously, as defense manufacturersÐthe very manufactur- ments. you know, the issue goes well beyond ers and employees who tax dollars finance the Without this law, the only Navy propellers. DOD budget. Procuring U.S. manufactured manufacturer of controllable pitch pro- During the last 2 fiscal years, the products for defense purposes advances our pellers which go on the majority of our U.S. Defense Department has spent at technological edge, and sustains the U.S. in- Navy’s surface ships will be forced to least $13 billion in American taxpayer dustrial base and the employment base upon close its foundry and lay off many of money to buy goods and services from which our security depends. its skilled workers. The reason is sim- foreign suppliers. My strong hope I urge my colleagues to support this impor- ple: Foreign foundaries do not have to would be that the gentleman and I and tant amendment. comply with the same quality controls other people who are concerned about The CHAIRMAN. The question is on and environmental regulations im- this issue can work together to put an the amendment offered by the gen- posed on them as foundaries operating end to these practices. tleman from Alabama [Mr. CALLAHAN]. in the United States. That is the pri- The CHAIRMAN. The time of the The amendment was agreed to. mary reason for not being able to com- gentleman from Alabama [Mr. CAL- AMENDMENT OFFERED BY MR. CALLAHAN pete with foreign countries, is they do LAHAN] has expired. Mr. CALLAHAN. Mr. Chairman, I not have to comply with the environ- Mr. FOGLIETTA. Mr. Chairman, I offer an amendment. mental regulations and the quality move to strike the last word. The CHAIRMAN. The Clerk will des- control regulations that we have in Mr. Chairman, I yield to the gen- ignate the amendment. this country. tleman from Vermont [Mr. SANDERS]. The text of the amendment is as fol- If foreign companies want to manu- Mr. SANDERS. Mr. Chairman, I lows: facture propellers for the U.S. Navy, would just make the point that in the they should come to the United States, Amendment offered by Mr. CALLAHAN: State of Vermont, in the last 3 years open a manufacturing plant and manu- Page 94, after line 3, insert the following new we have had four instances, four in- section: facture them and thus be eligible to stances where contracts were made SEC. 8107. None of the funds provided in help provide them. title II of this Act for ‘‘FORMER SOVIET UNION I do not believe that our country, for with companies in Vermont but the products were produced abroad. So the THREAT REDUCTION’’ may be obligated or ex- the defense-critical systems, should be pended to finance housing for any individual dependent on foreign sources only. In a gentleman is beginning to touch upon when it is made known to the Federal offi- time of national emergency, a foreign an issue of enormous consequence. cial having authority to obligate or expend source may be unreliable or nonexist- I had an amendment which I am such funds that such individual was a mem- ent. going to withdraw, but I would hope ber of the military forces of the Soviet Union Mr. FOGLIETTA. Mr. Chairman, that we can work together to demand, or that such individual is or was a member of wherever possible, and I think it is a the military forces of the Russian Federa- would the gentleman yield? tion. Mr. CALLAHAN. I yield to the gen- lot more possible than people think, tleman from Pennsylvania. that if we are going to spend American Mr. CALLAHAN. Mr. Chairman, once Mr. FOGLIETTA. Mr. Chairman, I taxpayers’ money for defense equip- again, and I have risen so many times wish to enter into a colloquy regarding ment, for God’s sakes, let us have this in the last several years talking about the gentleman’s amendment. work done in America and put Amer- the very ill-conceived program that the Mr. Chairman, as a strong supporter ican workers to work to do that. administration fostered in creating an of ‘‘Buy America’’ as well as being a ability of the United States to fund b 1530 member whose district is home to the houses for Russian soldiers. Navy’s propeller shop and foundry, I Mr. TORKILDSEN. Mr. Chairman, I Mr. MURTHA. Mr. Chairman, will wish to clarify the intent of the gentle- move to strike the last word. the gentleman yield? man’s amendment. (Mr. TORKILDSEN asked and was Mr. CALLAHAN. I yield to the gen- I intend to support the gentleman’s given permission to revise and extend tleman from Pennsylvania. amendment, and urge my colleagues to his remarks.) Mr. MURTHA. Mr. Chairman, I have support it. Mr. TORKILDSEN. Just very briefly, no problem with this. However, I would like the gentle- Mr. Chairman, I want to rise in support Mr. CALLAHAN. Then, Mr. Chair- man’s assurance that it is not the pur- of the Callahan amendment to require man, I move adoption of this amend- pose of this amendment to weaken the components of vessels for the De- ment. America’s national security position partment of Defense to be manufac- The CHAIRMAN. The question is on by eliminating or downsizing the pro- tured in the United States. This the amendment offered by the gen- peller shop and foundry in Philadel- amendment makes very good sense. I tleman from Alabama [Mr. CALLAHAN]. phia. I believe it would jeopardize our will not elaborate with details, but I The amendment was agreed to. national security if we were to sole- applaud the gentleman for offering the AMENDMENT OFFERED BY MR. NEUMANN source propeller manufacturing in the amendment. This is good for our na- Mr. NEUMANN. Mr. Chairman, I private sector. tional defense policy, it is good for offer an amendment. Mr. CALLAHAN. I am aware that the American jobs. I hope the Callahan The CHAIRMAN. The Clerk will des- propeller shop and foundry have been amendment is adopted. ignate the amendment. The text of the amendment is as fol- lows: H 8644 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Amendment offered by Mr. NEUMANN: Page fact, been deployed to the Bosnian re- This is a very delicate situation. We 94, after line 3, insert the following new sec- gion. After that I will have to explain know that the White House, whether it tion: to my constituents back home from is Republican or Democrat, always op- SEC. 8107. None of the funds available to the Department of Defense for the current Racine and Kenosha and Janesville- poses any kind of stipulation restrict- fiscal year shall be obligated or expended for Beliot, WI, why their sons and daugh- ing their ability to deploy troops. But costs incurred by the participation of United ters have been sent to the Bosnian re- I agree with the gentleman that we States Armed Forces units in any operation gion. have not only the right, but the obliga- in the territory of the former Yugoslavia Many of my colleagues believe that tion, to insist on authorization before above the level of forces so deployed as of the President alone has the authority troops are deployed in a humanitarian date of enactment. to call the shots in this particular de- sense. I do not agree if it is a national Mr. NEUMANN. Mr. Chairman, I bate. However, our Founding Fathers security issue; I believe the President have this recurring fear that I am gave us the responsibility to partici- does have the ability under the Con- going to wake up one morning, turn on pate in these discussions, discussions stitution. the news and find out the President—— that are literally life-and-death discus- I would hope that the gentleman Mr. MURTHA. Mr. Chairman, I re- sions to many young people in uniform. would accept this amendment. We serve a point of order against the The Speaker of the House clearly laid could take this to conference, and, if amendment. out our role in this in a June 7 address the chairman would accept this amend- The CHAIRMAN. The gentleman to the House of Representatives when ment, then we would be able to then from Pennsylvania [Mr. MURTHA] is too he said, and I quote: work out the final language with the late in that the gentleman from Wis- ‘‘You want to cut off troops for Haiti White House which would give us some consin [Mr. NEUMANN] has already been or Somalia, or you want to cut off leverage over what happens in the fu- recognized. troops in Bosnia. There is an easy way ture in these humanitarian deploy- Mr. NEUMANN. Mr. Chairman, I to do it. It is called the power of the ments. have this recurring fear that I am purse.’’ Mr. Chairman, I yield back the bal- going to wake up one morning, turn on Mr. MURTHA. Mr. Chairman, will ance of my time. the news, and find out the President of the gentleman yield? Mr. YOUNG of Florida. Mr. Chair- the United States has deployed 25,000 Mr. NEUMANN. I yield to the gen- man, I rise in support of the amend- United States troops to the Bosnian re- tleman from Pennsylvania. ment to the amendment offered by the gion. That is why I have an amendment Mr. MURTHA. Mr. Chairman, I have gentleman from Pennsylvania [Mr. to this bill. talked to the gentleman at great MURTHA]. Mr. Chairman, the purpose of this length about this amendment, and I amendment is to require the President have a substitute to the amendment Mr. Chairman, in the last several to come to Congress for approval prior which I think would satisfy certainly years the members of our subcommit- to the deployment of United States me and, I hope, would satisfy the chair- tee have done everything we possibly troops in the Bosnian area. man, which would eliminate the ex- could to keep this from becoming an My colleagues, make no mistake traction part of it from the amendment American war, and the gentleman from about the fact that there are plans on that the gentleman is offering, because Wisconsin [Mr. NEUMANN] has been a the table currently to deploy 25,000 I think it is so important that we have very strong advocate of that. However, United States ground troops in the a commitment to the U.N., but, if I we do have to recognize, as the gen- Bosnian area. could offer this amendment to the tleman from Pennsylvania mentioned, On June 14, and I quote Secretary amendment, maybe we could continue our commitment to the United Na- Perry; he said there are three different the colloquy. tions. I would mention in addition our possible ways, and I quote, ‘‘There are Mr. NEUMANN. Mr. Chairman, I very strong treaty commitment to our three possible contingencies in which yield to the gentleman from Penn- NATO allies, and, if our NATO allies we would have ground forces in Bosnia. sylvania [Mr. MURTHA] for that pur- become embroiled or endangered, we do There are, No. 1, a peacekeeping oper- pose. have a commitment to come to their ation to enforce a peacekeeping settle- rescue. AMENDMENT OFFERED BY MR. MURTHA TO THE ment; No. 2, assisting NATO allies in AMENDMENT OFFERED BY MR. NEUMANN So, Mr. Chairman, I believe the the full withdrawal of the U.N. Protec- Mr. MURTHA. Mr. Chairman, I offer amendment offered by the gentleman tion Force; and, No. 3, an emergency an amendment to the amendment. from Pennsylvania to the amendment extraction of the U.N. Protection The CHAIRMAN. The gentleman offered by the gentleman from Wiscon- Force.’’ from Wisconsin [Mr. NEUMANN] would sin is a good amendment. It makes the General Shali, who also testified at have to yield back his time in order for overall legislation acceptable and cer- that same hearing, continued to lay the gentleman from Pennsylvania to tainly would, I believe, fit within the out how many troops might be de- offer his amendment. realm of the Constitution, and so I ployed and for how long, and I quote Mr. NEUMANN. Mr. Chairman, I would hope also that the gentleman General Shali, same day: yield back the balance of my time. would be willing to accept this amend- ‘‘In the event of a request from the The CHAIRMAN. The Clerk will re- ment and that we can just get on to the U.N. for assistance in withdrawal of port the amendment to the amend- next item. UNPROFOR troops the U.S. would ment. Mr. Chairman, I yield back the bal- commit about 25,000 American troops The Clerk read as follows: ance of my time. for approximately 22 weeks. In the URTHA Mr. NEUMANN. Mr. Chairman, I event a situation arises that requires Amendment offered by Mr. M to the amendment offered by Mr. NEUMANN: At the move to strike the last word. an emergency extraction the NATO end of the amendment add the following: plan has a quick response force using Mr. Chairman, just so I fully under- Provided, That this section shall not apply to stand what is being proposed here, selected NATO forces that are in close emergency air rescue operations, the air- proximity to Bosnia. American partici- borne delivery of humanitarian supplies, or what we are saying is that the Presi- pation and support of this plan are es- the planning and execution of OPLAN 40104 dent would be required to come to Con- sential.’’ to extract UNPROFOR personnel. gress to request funds prior to deploy- So, my colleagues see there are plans The CHAIRMAN. The gentleman ing troops for the peacekeeping, for the on the table currently for the deploy- from Pennsylvania [Mr. MURTHA] is enforcement of the peacekeeping set- ment of, the potential of deployment recognized for 5 minutes in support of tlement, as described by Secretary of, 25,000 United States ground troops his amendment to the amendment. Perry on June 14, but he would not in the Bosnian area for a 22-week pe- Mr. MURTHA. Mr. Chairman, as I have to come to request funds to aid in riod of time. Again I have to reiterate said before, the gentleman from Wis- the withdrawal of the French, British, my concern that one morning I will consin [Mr. NEUMANN] and myself have the Dutch, our allies, in the area. turn on the news and find out that talked at great length, as has the Mr. MURTHA. Mr. Chairman, will 25,000 United States troops have, in chairman of the committee. the gentleman yield? Mr. NEUMANN. I yield to the gen- tleman from Pennsylvania. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8645 Mr. MURTHA. That is correct, and would be members of our military The CHAIRMAN. The Clerk will des- the gentleman has to understand, of force, and this is what concerns me. ignate the amendment. course, obviously this does not go in ef- These Bosnian and Herzegovinan Mos- The text of the amendment is as fol- fect until the bill is passed and signed lem soldiers will not be coming to Fort lows: with the President, and we know there Sill, OK, to be learning how to shoot Amendment offered by Mr. FARR: Page 94, will have to be such negotiation before artillery. It will be done in country, in after line 3, insert the following new section: it is finalized. all probability trained by American SEC. 8107. None of the funds appropriated Mr. NEUMANN. I would be willing to soldiers. This concerns me a great deal. by this Act or any other Act for any fiscal accept the amendment, but I would Now, Mr. Chairman, because there year may be obligated or expended in a total like to just add that I have some very are sensitive negotiations going on at amount in excess of $6,700,000 for the reloca- strong reservations even in those situa- this time, I raise this issue so that the tion, as a result of the report of the 1995 De- tions of deploying U.S. troops in the re- Members of this body will understand fense Base Closure and Realignment Com- gion. my deep concern. I say to my col- mission, of the activity of the Army Oper- ational Test and Experimentation Command The CHAIRMAN. The question is on leagues, Mr. Chairman, that the Bal- that is located at Fort Hunter Liggett, Cali- the amendment offered by the gen- kans are not worth the life of one fornia, as of July 1, 1995. tleman from Pennsylvania [Mr. MUR- American soldier. This lifting of the Mr. YOUNG of Florida. Mr. Chair- THA] to the amendment offered by the embargo, unless my amendment would man, I reserve a point of order against gentleman from Wisconsin [Mr. NEU- prevail, it allows Americans to go in this amendment. MANN]. and train, and if some of that does not The amendment to the amendment work, they might become advisers, and The CHAIRMAN. A point of order is was agreed to. then we see Vietnam all over again. reserved. The CHAIRMAN. The question is on The gentleman from California [Mr. b 1545 the amendment offered by the gen- FARR] is recognized for 5 minutes. tleman from Wisconsin [Mr. NEUMANN], Because of the sensitivity of this and Mr. FARR. Mr. Chairman, I have dis- as amended. the negotiations at this time, subject cussed this amendment with the gen- The amendment, as amended, was to the opportunity at a future date to tleman from Florida [Mr. YOUNG], and I agreed to. offer this issue and debate it fully, I understand it may not be in order. AMENDMENT OFFERED BY MR. SKELTON ask unanimous consent to withdraw However, I believe my amendment ad- Mr. SKELTON. Mr. Chairman, I offer this amendment because of the con- dresses an important issue, and I would an amendment. cerns for the sensitivity of the various like to speak briefly on the matter be- The CHAIRMAN. The Clerk will des- negotiations that are ongoing. fore withdrawing the amendment. ignate the amendment. The CHAIRMAN. Is there objection Mr. Chairman, my amendment pre- The text of the amendment is as fol- to the request of the gentleman from vents the Army from wasting Federal lows: Missouri? tax dollars to implement a rec- Mr. YOUNG of Florida. Mr. Chair- ommendation by the BRAC Commis- Amendment offered by Mr. SKELTON: Page man, reserving the right to object, and 94, after line 3, insert the following new sec- sion. The recommendation would relo- tion: I do not intend to object, but I would cate the TEXCOM Experimentation SEC. 8107. None of the funds provided in like to point out to the gentleman Center from my district to another fa- this Act may be obligated or expended for from Missouri, who is one of the cility. In their proposal to the BRAC, the provision by the United States of mili- House’s leading experts in the field of the Army claimed this move would tary training for military forces of the Gov- national defense and our national secu- ernment of Bosnia and Herzegovina. cost no more than $6.7 million. It is rity, that the subcommittee spent a lot this figure which BRAC used as a basis Mr. SKELTON. Mr. Chairman, I bring of time reviewing this entire matter. I for its final recommendation to move this issue to the floor of this House be- would like to call to the attention of the facility. However, there are Army cause it involves the potential problem our colleagues the fact that the bill be- documents that show that it may cost of American military forces being fore us has seven pages of restrictions as much in fact as $13 million or more. where Americans do not want them to and direction as to the proper relation- Mr. Chairman, let me quote from a be. ship between the President and the recent U.S. Army Forces Command Mr. Chairman, I realize that there Congress on the issue of deployments document which states that ‘‘Signifi- are negotiations ongoing at the present for peacekeeping or whatever other cant one-time costs are $17 million for time, and I realize that this is a sen- purpose. realignment. There are no savings to sitive area of discussion, though I am I appreciate the gentleman withdraw- be realized in this action.’’ convinced that I am right, and I will ing his amendment, because actually use my few moments on this floor to the language in this bill is really very Mr. Chairman, the purpose of my speak of this issue. good and has been very well thought amendment is to hold the Army to its This amendment which I offered out. word that the relocation of TEXCOM states that none of the funds provided Mr. Chairman, I withdraw my res- would be cost-effective and save money in this act may be obligated or ex- ervation of objection. important to the American taxpayers. pended for the provision by the United Mr. SKELTON. Mr. Chairman, if I If, as the Army claims, they can move States of military training for military may respond to our chairman of the TEXCOM for only $6.7 million despite forces of the Government of Bosnia and subcommittee, and by the way, the their own estimates, then my amend- Herzegovina. We all know that the gentleman does an excellent job and I ment would change nothing. If, how- measure known as the Dole amend- appreciate it, and I am glad that the ever, the Army attempts to convince ment passed. What the future of that subcommittee reviewed this issue, be- BRAC to move the facility by raising it will be after a veto I cannot say. But I cause I am deeply concerned that one one figure and then raid the defense do know that the lifting of the embar- thing will lead to another and if there budget to meet the cost of the second go would allow the Bosnia and are not proper restrictions, if there is higher figure, then my amendment Herzegovina Government to purchase not proper language, we could very would prevent such a move. In short, arms and undoubtedly purchase many well find ourselves involved where we my amendment requires the Army to of them from us. They are not artillery do not intend ourselves to be involved. keep their word. oriented. They are infantry strong. The The CHAIRMAN. Is there objection Mrs. SEASTRAND. Mr. Chairman, Bosnian Serbs are artillery strong, and to the request of the gentleman from will the gentleman yield? these weapons that the Moslem Gov- Missouri? Mr. FARR. I yield to the gentle- ernment of Bosnia and Herzegovina There was no objection. woman from California. would purchase obviously would re- AMENDMENT OFFERED BY MR. FARR Mrs. SEASTRAND. Mr. Chairman, quire people to train them and teach Mr. FARR. Mr. Chairman, I offer an the BRAC Commission voted to realign them how to use them. amendment, amendment No. 7 to title an experimentation unit from Fort The question is who would that be? If VIII. Hunter Liggett to Fort Bliss, TX under they buy arms from us, undoubtedly it an assumption that it would save the H 8646 CONGRESSIONAL RECORD — HOUSE September 7, 1995 American taxpayers close to $68 mil- between the contractor and an employee of (where such communication would otherwise lion over the next 20 years, we have in- the contractor to directly encourage such constitute the influencing of legislation or formation that shows it will cost the employee to engage in such an attempt or to agency action); or taxpayers over $120 million to realign urge persons other than employees to engage (B) a communication the principal purpose in such an attempt. of which is to influence legislation or agency this facility—a simple $188 million (2) Participating or intervening in (includ- action. error above what the BRAC Commis- ing the publishing or distributing of state- (5) Official communication by employees of sioners were led to believe. ments) any political campaign on behalf of State or local governments, or by organiza- The Commission was also led to be- (or in opposition to) any candidate for public tions whose membership consists exclusively lieve that there would be a one time office, including monetary or in-kind con- of State or local governments. tributions, endorsements, publicity, or simi- cost of $6.7 million to realign this base Mrs. SCHROEDER. Mr. Chairman, as when in actuality it will cost closer to lar activity. (3) Participating in any judicial litigation I said before, I think this is a terribly $43 million—over six times the pro- or agency proceeding (including as an ami- important amendment in that it does jected one time cost. cus curiae) in which agents or instrumental- for profits what we did to nonprofits I believe the realignment of this base ities of Federal, State, or local governments earlier this year in an appropriation weakens the best military training fa- are parties, other than litigation in which bill. cility available to our service mem- the contractor or potential contractor is a defendant appearing in its own behalf: is de- Earlier this year, the Istook amend- bers. I also believe that the goal of sav- ment was adopted by this House, and ing taxpayer money by this realign- fending its tax-exempt status; or is challeng- ing a government decision or action directed what it did was say that groups, and ment has not been met. there are over 460 of them, such as the In addition, I believe the BRAC Com- specifically at the powers, rights, or duties of that contractor or potential contractor. American Cancer Society, the Amer- mission did not have the best data on (4) Allocating, disbursing, or contributing ican Red Cross, the American Society which to base their decision. It is for any funds or in-kind support to any individ- for Prevention of Cruelty to Animals, these reasons I support this amend- ual, entity, or organization whose expendi- the Baptist Joint Committee, the Unit- ment which would require the Army to tures for political advocacy for the previous ed States Catholic Conference, the realign Fort Hunter Liggett for the Federal fiscal year exceeded 15 percent of its YMCA, the YWCA, March of Dimes, amount of money the BRAC Commis- total expenditures for that Federal fiscal Multiple Sclerosis, and on and on and sion based its decision. year. (b) LIMITATION ON USE OF FEDERAL FUNDS on, would not be allowed to use their Mr. FARR. Mr. Chairman, reclaiming TO AWARD CONTRACTS.—None of the funds own funds to lobby in the Congress. my time, I thank the gentleman from made available by this Act may be used to This was called defunding of those Florida [Mr. YOUNG] for his important award a contract when it is made known to groups, and that was thought to be help in this matter. I look forward to the Federal official having authority to obli- very fair. If that is fair, then it is cer- working with him in the future on this gate or expend such funds that— tainly fair to say to profit groups that problem. (1) the expenditures of the potential con- are getting huge Government contracts Mr. Chairman, I ask unanimous con- tractor (other than an individual person) for that they also should not be using their sent to withdraw my amendment. activities described in subsection (a) for any one of the previous five Federal fiscal years funds to lobby Congress in this man- The CHAIRMAN. Is there objection (excluding any fiscal year before 1996) ex- to the request of the gentleman from ner. ceeded the sum of— Now, this amendment is written in California? (A) the first $20,000,000 of the difference be- There was no objection. tween the potential contractor’s total ex- exactly the same form as the Istook amendment. It is a limitation on the AMENDMENT OFFERED BY MRS. SCHROEDER penditures made in the fiscal year and the use of Federal funds by contractors for Mrs. SCHROEDER. Mr. Chairman, I total amount of Federal contracts and political advocacy, which means obvi- offer an amendment to title VIII. grants it was awarded in that fiscal year, multiplied by .05: and The CHAIRMAN. The Chair would in- ously coming to a Federal contractor, (2) the potential contractor has used funds having any activity which would be quire if this is the identical amend- from any Federal contract to purchase or se- ment that was previously offered? made known to a Federal official or cure any goods or services (including dues having the authority to obligate or ap- Mrs. SCHROEDER. Yes, Mr. Chair- and membership fees) from any other indi- man, it is the identical amendment. vidual, entity, or organization whose expend- prove or vote for funds that would ben- The CHAIRMAN. The Clerk will des- itures for activities described in subsection efit them. I think this is terribly im- ignate the amendment. (a) for fiscal year 1995 exceeded 15 percent of portant, and I certainly, certainly hope The text of the amendment is as fol- its total expenditures for that Federal fiscal that we can in fairness do for the prof- year; or lows: its what we did for the nonprofits, or I (3) the potential contractor has used funds think a lot of people are going to say Amendment offered by Mrs. SCHROEDER: from any Federal contract for a purpose wait a minute, wait a minute. If you Page 94, after line 3, insert the following: (other than to purchase or secure goods or SEC. 8107. (a) LIMITATION ON THE USE OF services) that was not specifically permitted are a nonprofit, do-good group that is FEDERAL FUNDS BY CONTRACTORS FOR POLITI- by Congress in the law authorizing the con- collecting it for dues, that is one thing. CAL ADVOCACY.—None of the funds made tract. However, if you are out there and you available by this Act may be used by any (c) EXCEPTIONS.—The activities described are making big profits, then you can do Federal contractor for an activity when it is in subsection (a) do not include an activity whatever you want to with Federal made known to the Federal official having when it is made known to the Federal offi- money to lobby to get more of it. I authority to obligate or expend such funds cial having authority to obligate or expend think that would really tilt the scales that the activity is any of the following: such funds that the activity is any of the fol- of justice. All of this is about making (1) Carrying on propaganda, or otherwise lowing: attempting to influence Federal, State, or (1) Making available the results of non- sure the scales are even. local legislation or agency action, including partisan analysis, study, research, or debate. Mr. Chairman, I would say after we any of the following: (2) Providing technical advice or assistance adopted the Istook amendment on the (A) Monetary or in-kind contributions, en- (where such advice would otherwise con- nonprofits that we certainly should be dorsements, publicity, or similar activity. stitute the influencing of legislation or agen- adopting the Schroeder amendment on (B) Any attempt to influence any legisla- cy action) to a government body or to a com- the profit side in this area, and I hope tion or agency action through an attempt to mittee or other subdivision there in response we can get a strong aye vote and move affect the opinions of the general public or to a written request by such body or subdivi- any segment thereof, including any commu- sion, as the case may be. on. nication between the contractor and an em- (3) Communications between a contractor Mr. Chairman, today I intend to offer an ployee of the contractor to directly encour- and its employees with respect to legisla- amendment that would crack down on defense age such employee to urge persons other tion, proposed legislation, agency action, or special interests. Recently, this chamber voted than employees to engage in such an at- proposed agency action of direct interest to to limit the ability of nonprofit organizations to tempt. the contractor and such employees. Other lobby. The provision, Representative ISTOOK's (C) Any attempt to influence any legisla- than communications described in subpara- tion or agency action through communica- graph (c). amendment to the Labor, HHS, and Education tion with any member or employee of a leg- (4) Any communication with a govern- appropriations bill, limits the ability of recipi- islative body or agency, or with any govern- mental official or employee, other than— ents of Federal grants to lobby with their non- ment official or employee who may partici- (A) a communication with a member or Federal funds. pate in the formulation of the legislation or employee of a legislative body or agency agency action, including any communication September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8647 While I voted against this limitation on the Litton Industries, $3.16 billion. tivities affecting contracts between floor based on constitutional grounds, I recog- General Dynamics, $2.862 billion. vendors in the defense arena and the nize the writing on the wall. The majority of Mr. LIVINGSTON. Mr. Chairman, I U.S. Government. In fact, this docu- this Chamber believes that the ability of spe- rise in opposition to the amendment. ment here, title X, is something like cial interests to peddle their influence should Mr. Chairman, I know it is a 16,000 pages thick. Well, I do not know be seriously curtailed. Assuming that this pro- thoughtful amendment and on first how many pages. It is thick. I do not vision may become the law of the land, glance, it probably looks like a good think anyone will deny that. shouldn't it then include the real special inter- idea. After all, what is good for the That is a compilation of law accruing ests, that is, defense contractors? goose is good for the gander if you are over the last 30 or 40 years. The last Lockheed Martin is now the Nation's largest dealing with apples and apples and or- time I checked, the gentlewoman from defense contractor. Their total revenues anges and oranges and that sort of Colorado has been on the Committee amounted to $22,900,000,000, 62.9 percent of thing. The fact is we are not. We are on National Security for the last 18 to their revenues were derived from defense- dealing with apples and oranges. We 20 years, and so she has played a vital based revenues. In 1994, they received $9 bil- are dealing with two entirely different role in affecting this document. I do lion in prime contracts from the Department of concepts. not recall that she has come forward One is a concept of direct agency, if Defense. and said that no contractor in the de- you will. When the U.S. Government Another example? The political action com- fense arena cannot lobby, or can lobby contracts with a public charitable or- mittee for Northrop Grumman and the major the U.S. Government until now, but ganization to provide charitable serv- B±2 subcontractors contributed $150,850 in she may have. But she is doing it now, ices to the American people or abroad, the first 6 months of 1995 to 115 Republican and she is entitled to do it. But let us in effect that charitable organization Members of the House. They organized sub- not get confused. Anybody who renders becomes the agent of the U.S. Govern- contractors to lobby their own State delega- products or services to the Government ment. It is taking U.S. taxpayers’ tions. They organized and paid for fact-finding for profit is a private individual, is a money exclusively, subtracts an ad- trips for Members, and invited staff to their B± private contractor, is working for a liv- ministration surcharge which they do 2 factory in California. The result? The House ing, making products, rendering serv- not pay taxes on, then dispenses what committees authorized and appropriated $553 ices, just like any private individual in is left to the eligible recipient, to the million and $493 million respectively for the this country, and does not depend for person who is in need, or to the group first installment of 20 new B±2 airplanes, his income exclusively on the Amer- of people that are in need. which, according to the GAO, can't tell the dif- ican taxpayer is not a salaried em- That is legitimate. That is a legiti- ference between a mountain and rain. ployee of the American taxpayer, is not mate function of Government, and it is Which do you think peddles more influence, an agent of the American taxpayer or perfectly acceptable and should be en- nonprofits or defense contractors? It is not the the American Government. couraged. The agency is exclusively YMCA, the Girl Scouts, the Sierra Club, or the The other instance in which Mr. taking nonprofit money or money from Children's Defense Fund. Influence in this Istook offered the amendment earlier the American taxpayer to render serv- town is bought and sold. Logically, it follows in another bill is a system, or is an in- ice to a beneficiary, and any money that the most influence resides with the most stance of agency versus contract for that they divert for their own costs moneyÐthe contractors. What is good for the hire. should not be used to go back and goose is good for the gander. Support my ef- The CHAIRMAN. The time of the lobby for more money that is in effect fort to create equity between nonprofit and for- gentleman from Louisiana has expired. not the purpose for which the money profit lobbyists. (By unanimous consent, Mr. LIVING- was intended in the first place. STON was allowed to proceed for 2 addi- CAMPAIGN CONTRIBUTIONS FROM DEFENSE In other words, it is a diversion of FIRMS tional minutes.) money, Mr. Chairman. It is a diversion Mr. LIVINGSTON. Mr. Chairman, we LOCKHEED from the purpose for which the money 1995–96—Democrats: $0, Republicans: $59,400 are dealing with agency versus con- was intended. The money was intended tract for hire, contract for products. (37 Candidates), Total: $59,400. to go to the beneficiary, not to the 1993–94—Democrats: $338,210 (128 Candidates), There is a real distinction, and to say Republicans: $254,401 (120 Candidates), agency to lobby for more money. The to anybody who is a contractor who Total: $592,611. agency is supposed to administer tax- deals with the Federal Government MCDONNELL DOUGLAS payers’ money for some good, altruistic that you cannot lobby is in essence, 1995–96—Democrats: $31,000 (37 Candidates), purpose. frankly, to deny their rights under the Republicans: $57,749 (70 Candidates), In the case of the contractor, there is first amendment of the Constitution of Total: $88,749. no agency. A defense contractor is like the United States and totally flies in 1993–94—Democrats: $160,350 (111 Candidates), any other contractor, and I do not the face of any constitutional prin- Republicans: $80,150 (72 Candidates), know why the gentlewoman stopped at ciples that I know of. Total: $240,500. defense contractors. I do not know why NORTHROP GRUMMAN she did not just go out and say any b 1600 1993–94—Democrats: $94,555 (70 Candidates), time the U.S. Government contracts Mrs. SCHROEDER. Mr. Chairman, Republicans: $51,050 (46 Candidates), with anybody for a product or service will the gentleman yield? Total: $146,355. for the Government’s use you cannot Mr. LIVINGSTON. I yield to the gen- LITTON INDUSTRIES lobby. tlewoman from Colorado. 1995–96—Democrats: $9,500 (13 Candidates), But, if she did that, No. 1, is a denial Mrs. SCHROEDER. Mr. Chairman, Republicans: $19,299 (26 Candidates), of the privilege of the first amendment, first of all, let me answer why it only Total: $28,799. which is the right of speech under the applies to defense contractors, and that 1993–94—Democrats: $52,700 (40 Candidates), Constitution of the United States, to is because of the scope of this bill Republicans: $60,400 (44 Candidates), exercise their opportunity to speak to which I know the gentleman under- Total: $113,100. their government, to the representa- stands. I obviously cannot do it for the GENERAL DYNAMICS tives of their choice, because in fact universe because we are within this 1995–96—Democrats: $33,050 (35 Candidates), you would be applying it to everybody context only, so that is easy. Republicans: $74,700 (56 Candidates), in America. But since you have limited Let me then go on and say I do not Total: $107,750. it to just defense contractors or just think that what we are trying to say 1993–94—Democrats: $235,862 (106 Candidates), Republicans: $149,250 (74 Candidates), individuals who provide services or here is not that they cannot lobby, it is Total: $385,112. goods to the U.S. Government for the that they cannot use Federal funds 1994 Defense Firm Revenue from Sales to U.S. purposes of defense, it is not every- that they are getting for this to keep Government body, it is just tens of millions of peo- lobbying to get more. It is like once Lockheed, $16.564 billion (Lockheed’s reve- ple. you get in the trough, you just keep nue has also been shown to be $14.4 billion). Now, we already have title X of the getting more to feed more, which was McDonnell Douglas Corp., $9.2 billion. United States Code for the Armed what the concern was, I think, in the Northrop Grumman, $5.41 billion. Forces, which deals with all of the ac- Istook amendment when people were H 8648 CONGRESSIONAL RECORD — HOUSE September 7, 1995 concerned that some of the agencies The CHAIRMAN. The time of the Office, the National Security Agency, might use some of the Federal money gentleman from Louisiana [Mr. LIVING- the Defense Intelligence Agency, and that was supposed to go to bene- STON] has again expired. other intelligence agencies. ficiaries instead of lobbying to get (By unanimous consent, Mr. LIVING- Mr. Chairman, again, let me reiterate more. STON was allowed to proceed for 2 addi- that this does not cut the funding for Mr. Chairman, I think the analysis tional minutes.) the entire agency. It merely cuts the here is rather similar. We want the Mrs. SCHROEDER. Mr. Chairman, if funding for their intelligence gathering analysis to be on a threat based by the gentleman will continue to yield, activities. neutral people rather than people who again, all of those regulations are I would also like to point out that got a lot of money to manufacture about the fact that they have to show this amendment does not cut intel- something or make something, then their costs. We know, if anything, we ligence funding for war-time oper- trying to find out more reasons and probably have too many regulations ations. Both tactical and joint military spend the same money to spin more overregulating, making sure we know intelligence are not cut. This amend- reasons to convince us we should buy that. We make sure we have all sorts of ment does not compromise our mili- even more for them. That is a heck of people doing oversight everywhere in tary strength. a deal. That is a heck of a deal. the Defense Department because we do Furthermore, Mr. Chairman, this Those regulations you are showing, not just let them guess what it is going amendment does not affect the CIA re- this person has been trying for 20 years to cost and then find out they spent tirement and disability fund. to find ways to close that door. We half the money to go out on a cruise in- Recent articles in the Washington Post and other publications estimate have never been able to really close stead. We know we are supposed to be that the entire intelligence budget is that door very well. That is why I am doing that oversight. So that is how we approximately $29 billion. According to saying doing the mirror image of what know and I think it is very clear. information from a variety of publica- we did to nonprofits makes an awful Mr. LIVINGSTON. Mr. Chairman, if tions and from public documents, lot of sense because maybe it will then it is the gentlewoman’s express intent about $16 billion of that budget goes to be clear across the board and very fair. not to deny private individuals, private the national foreign intelligence pro- The CHAIRMAN. The time of the corporations, from using their own pri- gram. That means that this amend- gentleman from Louisiana [Mr. LIVING- vate funds for lobbying the U.S. Con- ment, if adopted, would save the tax- STON] has again expired. gress, and that her intent is exclu- (By unanimous consent, Mr. LIVING- payers of America about $1.6 billion, sively to deny the right of use of Fed- STON was allowed to proceed for 2 addi- and even in Washington that is a lot of eral funds for lobbying, then I with- tional minutes.) money. Mr. LIVINGSTON. Mr. Chairman, if draw my objection. Mr. Chairman, how do we explain to the gentlewoman would allow me to Mrs. SCHROEDER. I am delighted the American people that Congress is clarify something, is it her intent with that the gentleman from Louisiana considering major cuts in Medicare, this amendment to say that no con- withdrew his objection. That is my in- which will have a disastrous impact on tractor will use Federal funds but will tent and I thank the gentleman for the lives of many elderly people; major not be denied the right to lobby by yielding to me. cuts in Medicaid, which will hurt sen- using their own private funds? The CHAIRMAN. The question is on ior citizens and low-income people; Mrs. SCHROEDER. Mr. Chairman, if the amendment offered by the gentle- major cuts in student loans, in edu- the gentleman will continue to yield, woman from Colorado [Mrs. SCHROE- cation; major cutbacks in nutrition this is titled ‘‘limitation on the use of DER]. programs, in housing and in the envi- Federal funds by contractors for politi- The amendment was agreed to. ronment and a variety of other pro- cal advocacy.’’ I do not know how you AMENDMENT OFFERED BY MR. SANDERS grams which will impact on tens of can be any clearer than that. That is Mr. SANDERS. Mr. Chairman, I offer millions of people in the middle class, the title of this. an amendment, No. 9. the working class, the elderly, low-in- Mr. LIVINGSTON. Mr. Chairman, The CHAIRMAN. The Clerk will des- come people. How do we say that we lots of titles of lots of bills and lots of ignate the amendment. can go forward in those areas but, de- amendments are deceiving as much as The text of the amendment is as fol- spite the end of the cold war, despite we might intend it otherwise. I specifi- lows: the fact that the Soviet Union no cally would like the gentlewoman to Amendment offered by Mr. SANDERS: Page longer exists, that we cannot make at express her intent, her individual in- 94, after line 3, insert the following new sec- least a 10-percent cut in the intel- tent, the author of this amendment’s tion: ligence budget and save the taxpayers intent. Would a contractor who ex- SEC. 8107. Notwithstanding any other pro- $1.6 billion? pressly uses his or her, or its own vision of this Act, the amount made avail- Mr. YOUNG of Florida. Mr. Chair- money, private money, be entitled to able for the National Foreign Intelligence program (other than for the Central Intel- man, I rise in opposition to the amend- lobby under her amendment? ligence Agency Retirement and Disability ment. Mrs. SCHROEDER. The gentleman is System Fund) from the appropriations pro- Mr. Chairman, as we find ourselves in correct, because what my amendment vided in this Act shall not exceed 90 percent a world where there are more and more says is that it is a limitation on the of the amount made available for such Agen- intelligence targets popping up every use of Federal funds to award con- cies (other than for such Fund) from the ap- day, it is not a good idea to further re- tracts. None of the funds made avail- propriations provided in the Department of duce our intelligence budget. Now, I able by this act, this act, period. That Defense Appropriations Act, 1995 (Pub. L. say further reduce because we have al- is about as clear as I know how to 103–335. ready reduced this budget by 16 percent make it. Funds made available by this Mr. SANDERS. Mr. Chairman, I have since 1990. We have far less intelligence act, which is the defense act going to an amendment at the desk which is co- spending today than we did during defense contractors, can be used to go sponsored by the gentleman from New Desert Storm. The intelligence com- out and lobby for more next year. What York [Mr. OWENS]. munity work force is going through a we are really saying is the money we Mr. Chairman, this amendment is significant downsizing. In the next are allocating today goes for weapons, simple and should be supported, al- three fiscal years the work force will not for a way to make sure you get in though I doubt that it will, by all defi- be 23 percent smaller than it was in next year’s bill. cit hawks and those of us who are con- 1990. Mr. LIVINGSTON. Mr. Chairman, cerned about a cost-effective govern- The Sanders amendment would affect next year the money becomes ment. It cuts funding for the national the intelligence community’s ability to privatized once it become awarded. I foreign intelligence program by 10 per- support policymakers, military leaders understand the intent, but once money cent. That is a 10-percent cut in fund- at the national, theater, and tactical is earned on a contract, it becomes pri- ing for the CIA, and it is a 10-percent levels and law enforcement officials. It vate. How does one determine whether cut to the intelligence activities and could impact critical support to de- or not that is money from this act, this the Drug Enforcement Administration, ployed military commanders and tac- particular contract? the FBI, the National Reconnaissance tical forces such as those in Bosnia; September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8649 critical investments in satellite collec- to the military which everybody agrees Here is an opportunity to make a cut tion initiatives that are intended to aid is no less than $16 billion. where it should be, $1.6 billion, out of our deployed military forces, In previous amendments we have the intelligence budget. What does the counternarcotics, international crime called for a 10-percent cut in the over- intelligence budget do? The present and counterterrorism collection, and all intelligence budget, and that would budget, it is bloated, and because it is analytical capabilities would all be af- have been $2.8 billion, or a 10-percent bloated, because there is too much bu- fected; as well as our ability to keep cut for 1 year. And then we said over a reaucracy, because they do not have pace with the telecommunications de- 7-year period of course that adds up to enough things to do, they get into situ- velopments which are growing dra- much more. ations like the Aldrich Ames situation. matically. We cannot afford to do this. This is a reasonable amendment, This should be called, partially, the Mr. Chairman, our intelligence budg- very reasonable. As the gentleman Aldrich Ames Cleansing Act. Aldrich et is already, in my opinion, below the from Vermont [Mr. SANDERS] pointed Ames, who had a high place in the CIA, level where it should be. What are some out, it does not apply in wartime. A for years did nothing but destructive of the targets? What are some of the number of things are exempted. It is activities. He carried on a whole series areas where we have to have intel- understood that we need an intel- of destructive activities for many ligence if we are going to protect the ligence operation. Nobody is saying we years, for which he was paid millions of U.S. interests and U.S. personnel. do not need it. dollars by the enemies he was supposed Bosnia is the very obvious location. What we are saying is that, while we to have been spying upon. Aldrich Iraq is very obvious. North Korea, has are streamlining, while we are Ames could get away with that because been in the media for months as well as downsizing, while we are going after it had no significance. It had signifi- Russia and the former Soviet states. military pensions and the pensions of cance in terms of the people who died, Libya and Syria have terrorism groups Government employees, while we are agents who were in the service of this who have threatened the United States cutting Medicare, while we are cutting country died as a result of Aldrich interests. Those who would proliferate Medicaid, while we have just cut the Ames’ treacherous activities, but it did nuclear weapons, chemical and biologi- budget of the title I program for edu- not have any significance on peace or cal weapons, and we cannot deny the cation by $1.1 billion, while we have war in the world. It had no significance fact that these are all happening. We cut out the whole summer youth em- with respect to the security of the have to know where and how. ployment program, while we are doing United States. We do not need to keep Drugs. Narcotics. The post-cold-war all this, then let us look at a piece of spending $16 billion in this particular environment. When the Berlin Wall waste in this budget which is obvious. area and $28 billion overall for the CIA. came down and the Iron Curtain melt- It is obvious that we do not need the We can cut the intelligence budget. ed, we all breathed a sigh of relief and CIA at the same level as we had it be- Mr. COMBEST. Mr. Chairman, I thought, hey, the world will be a beau- fore. move to strike the requisite number of tiful place, full of peace. But while we words. b 1615 are still applauding ourselves, up out of Mr. Chairman, I could not agree more the sands of the desert comes Saddam The gentleman before us said, and I strongly with the gentleman from Hussein. will take him for his word, he said we Florida [Mr. YOUNG], the chairman of We have to have intelligence. The have cut it by 16 percent since 1990. If the Subcommittee on National Secu- United States, being the Nation that half of the total activities of the CIA rity of the Committee on Appropria- we are, we have to have adequate intel- budget were dedicated to the Soviet tions. I might also mention the gen- ligence. And I say again, in this bill, we Union, the evil empire, a major oppo- tleman from Florida is a member of have reduced the intelligence budget to nent, the other superpower, it used to the Permanent Select Committee on a level actually below where I think it be the other superpower, a real threat, Intelligence. ought to be. A further 10 percent cut half of the intelligence budget was I could not any more eloquently out- just is not acceptable. dedicated to the Soviet Union, if half of line why we should not accept this Mr. Chairman, as much as I agreed the budget was dedicated to the Soviet amendment. Rather than repeat a with and supported the gentleman from Union and the Soviet Union is no number of the things that the gen- Vermont [Mr. SANDERS] on his earlier longer that kind of threat, then surely tleman from Florida said, Mr. Chair- amendment, I have to oppose this one we can cut the budget. man, what I would like to do is to with equal fervor because this would be If Members say the Soviet Union does quote from a speech which the Presi- extremely dangerous. not exist anymore, the fragments of dent, Mr. Clinton, made to employees Mr. OWENS. Mr. Chairman, I move the Soviet Union still constitute some of the Central Intelligence Agency re- to strike the last word. kind of threat, let us cut the budget cently on a visit that he made there. Mr. Chairman, I hope the taxpayers not by half, let us cut it by 25 percent. Today, because the Cold War is over, some are listening very carefully. Taxpayers That is reasonable, instead of 16 per- say that we should and can step back from are angry and they have good reason to cent, let us cut it by 25 percent, which the world and that we don’t need intelligence be angry. We are paying too much means we have some more cutting to as much as we used to; that we ought to se- taxes. Taxes should be lowered for fam- do. We can cut. verely cut the intelligence budget. A few ilies and individuals, while we raise We are talking about very real have even urged us to scrap the central intel- ligence service. taxes for corporations. Families and in- money, that if it is not cut here, will I think these views are profoundly wrong. dividuals are paying something like 44 be cut from somewhere else. We can I believe making deep cuts in intelligence percent of the tax burden. Corporations use this $1.6 billion a year. The $1.6 bil- during peacetime is comparable to canceling are only paying 11 percent, but that is lion per year could be used to replace your health insurance when you’re feeling a discussion for another time. the $1.1 billion we just cut from the fine. We are living in a moment of hope. Our The other way we deal with the way title I program for children’s edu- Nation is at peace. Our economy is growing our money is being handled is by cation. That is where we need the in- all right. All around the world, democracy streamlining and downsizing and cut- and free markets are on the march. But none telligence. of these developments are inevitable or irre- ting out waste in Government. Here is Our intelligence budget should be in- versible. a concrete example of extreme waste in creased in the area of education. Noth- Now, instead of a single enemy, we face a Government. We cannot talk about ing is more significant, nothing is more host of scattered and dangerous challenges. concrete figures because they will not important for the security of the Na- They are quite profound and difficult to un- give them to us, but there is general tion than an informed population, than derstand. There are ethnic and regional ten- agreement. Nobody ever challenges the a well-educated population. The brain sions that threaten to flare into full-scale figure, but the overall intelligence power of America will decide whether war in more than 30 nations. Two dozen countries are trying to get their hands on budget is about $28 billion, no less than we remain a superpower and the leader nuclear, chemical, and biological weapons. $28 billion. We are talking today about of the world, or not. As these terrible tools of destruction spread, one portion of it which deals with in- That brain power is suffering right so too spreads the potential for terrorism formation gathering activities related now because we just cut it $1.1 billion. and for criminals to acquire them. And drug H 8650 CONGRESSIONAL RECORD — HOUSE September 7, 1995 trafficking, organized crime, and environ- now nonsense that drives us to say that Mr. DUNCAN. Mr. Chairman, I move mental decay threaten the stability of new college students will not get the kind to strike the requisite number of and emerging democracies and threaten our of student loans they used to get, that words. well-being here at home. Mr. Chairman, I rise in support of In the struggle against these forces, you, drives us to say that we cannot afford the men and women of our intelligence com- enforcement in environmental areas, this amendment, and I will not take munity, serve on the front lines. By neces- that drives us to take money away, so the full 5 minutes, but I will say briefly sity, a lot of your work is hidden from the that public housing projects have re- that I feel this is a very reasonable headlines. But in recent months alone, you cently been told, thanks to the rescis- amendment, a very moderate amend- warned us when Iraq massed its troops sion that the other party put through, ment, and in fact, I would make an ar- against the Kuwaiti border. You provided that needed repairs to elderly housing gument that it is a very conservative vital support to our peacekeeping and hu- will have to be deferred. amendment. As most people in this manitarian missions in Haiti and Rwanda. The argument that we cannot make House know, I think I have one of the You helped to strike a blow at a Columbian drug cartel. You uncovered bribes that would substantial cuts when the substantial highest percentages of voting with the have cheated American companies out of bil- threat has diminished is nonsense. Ev- majority of my party in the years since lions of dollars. Your work has saved lives erything that is now a threat today I have been here. and promoted America’s prosperity. was a threat 10 years ago. There are no I know that not many on my side of Mr. Chairman, those are words from brand new threats in the world. What is the aisle will be voting for this amend- a speech that the President made to new is that we do not have this ongoing ment, but I am very pleased that many employees of the Central Intelligence likelihood of thermonuclear war, and or several leading conservative organi- Agency. I do not normally quote the what we are saying is we believe that zations have voiced support for this, in- President. However, I do not think it at least a 10-percent cut is possible, cluding very strong support from the could be better summed up. I rise in given the collapse of that central Citizens for a Sound Economy, because strong opposition to this amendment threat. this is a conservative amendment, be- and would urge my colleagues to vote I was also struck when the chairman cause it would save a substantial ‘‘no.’’ of the subcommittee, my elevator amount of taxpayers’ money. Mr. FRANK of Massachusetts. Mr. buddy that I travel with up and down, Many of us saw on the front page of Chairman, I move to strike the req- said ‘‘We have cut 16 percent,’’ because the U.S.A. Today a few days ago that uisite number of words. I do not believe we have cut 16 percent our national debt has now reached over Mr. Chairman, I am touched by the in nominal dollars. That is, I do not $5 trillion. Alice Rivlin, who is the endorsement of the Republican chair- think the dollar amount today is 16 President’s Director of the Office of man of the Permanent Select Commit- percent less than what it was. I think Management and Budget, put out a tee on Intelligence of the Clinton pol- he was saying that in real terms it has memo a few months ago and said we icy in this regard, but I have to dis- been cut. That is, it has not been al- will have yearly losses of over $1 tril- agree with it. In fact, we are being told lowed to keep up with inflation. lion a year by the year 2010, and over $5 a couple of unbelievable things. Essen- That is very striking, because my Re- trillion a year by the year 2030, if we do tially we are being told that the col- publican friends in particular, when we not make major changes now. This is lapse of the Soviet Union means that are talking about a program that they one area that can be reduced without there is no opportunity to save money like, suddenly start talking about real harmful effect, because even if this in intelligence. We are told there is, terms, and the failure to keep up with amendment goes through, we can still after all, Iraq and Iran and Libya. I inflation is considered a cut. When have a very strong, even a lavish intel- agree. they are talking about programs they ligence operation in this country. I disagree with the implicit assump- do not like, that gets reversed. I favor a strong intelligence oper- tion that there was no Iraq in 1986, that In fact, there has not been a 16-per- ation, but surely to goodness we can Libya was created in 1983, and that cent reduction in the dollars. What have a good, strong intelligence oper- Iran just floated down. All of those they are saying is it has not been al- ation with all the many billions that other threats were there at the same lowed to keep up with inflation, but it would be left, even if this amendment time. Ten years ago we were dealing has not been aimed at inflation, it has passed. If this amendment passes, and with the terrorist threats in Syria, in been aimed at the Soviet Union. it is a cut of 10 percent of a little over Iraq, and Libya. Those were not the One other point. If any other agency half of our intelligence operation in Andrews sisters a few years ago who of government had had the kind of dis- this country, if this amendment passes suddenly turned ugly on us. Those aster that the Central Intelligence we will still be spending more than countries and the threats they pro- Agency had with Aldrich Ames, we twice the annual budget of the entire jected were a fact 10 years ago. would be talking about the need to cut State of Tennessee for all that it does; We also had, as the primary focus of back on their money because they were and Tennessee, with a little over 5 mil- our national security expenditure, a so badly run. They employed a Russian lion people, is exactly typical, and al- Soviet Union which led an unwilling spy. If HUD had working for it a person most exactly average, in all areas of empire of many other nations that who was secretly demolishing good spending compared to other States, all were being held captive, that threat- housing, HUD would be held to ac- the other States in this country, so we ened our very existence. Yes, there are count. If the NIH had somebody who can still have a very active intelligence problems in the world today. There are went around and spread the plague we operation. people who run countries today who in would say ‘‘We have to control them.’’ Let me tell the Members what some a good world would not even be allowed The CIA is like the Defense Depart- of this money is being spent for. Last to drive cars. They mean us harm and ment. If they screw up badly, this year it was reported on the front page we need to defend ourselves. house will reward them with more of the Washington Post that the Na- However, we have succeeded in help- money, the theory apparently being tional Reconnaissance Office was build- ing bring about the collapse of our sin- that since they wasted so much of what ing a secret building out here in Vir- gle greatest enemy, so that the vast we gave them, we had better give them ginia, spending $310 million for a 1-mil- amounts of money and technology we some more to make up for it. It is an lion-square-foot building. That is $310 a had to spend to watch the Soviet Union absolute reversal of the normal rules. square foot, about three times the and its capacity to make nuclear war If a domestic agency misspends money, amount that State governments spend on us, to deal with the Warsaw Pack they are in trouble. When others in na- on beautiful buildings all over this and the millions of men under arms tional security do, they get rewarded. country. They are spending in these that threatened us there, they are sub- If our national security was at stake, lavish, ridiculous ways because they stantially diminished. that would be a factor, but in this bill are not being held back or not being The notion that with this collapse of we are ignoring the savings that the held accountable in the way that they the major part of the threat there is no American people are entitled to by the should be for taxpayer money. grounds for savings is nonsense, but it collapse of that threat to our national These agencies, our intelligence is not simply abstract nonsense. It is security. agencies, unfortunately did not predict September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8651 the coming down of the Berlin Wall, we find that we are increasing a budg- more because you did not administer they did not predict the breakup of the et, and we cannot say the number be- very efficiently’’, but the CIA, which Soviet Union. They are doing these es- cause it is a secret, but we are increas- helps fund assassinations by CIA oteric studies and benefiting and help- ing the budget for an operation which operatives, that is OK. ing no one, really, other than the bu- in many respects has outlived some of There is something wrong. There is reaucrats who work for these agencies. its purpose. The cold war is over. We an inconsistency here, and I hope the Therefore, I think it is time to step have all said that. Members of this body will realize that back and take another look at some of Certainly we need our intelligence and vote for this very sound, very well- these agencies, and reduce their spend- gathering abilities to remain, but we meaning and, I think, very meaningful ing at the very time that we are must certainly tighten our belts, and way to send a message that everyone downsizing the military. Many people, that includes within the intelligence must tighten their belt. It is time for most people that I represent, would branch of government. Yet we see that us to do it, not just for Head Start but feel that we should really downsize the we are increasing the amount by some- to do it for the intelligence community intelligence operations even more, and thing close to $1 billion, and at least as well. perhaps downsize the military of this we are trying to cut at least $1 billion Mr. DICKS. Mr. Chairman, I move to country a little bit less, so I think this out, to have the pain of cuts go all strike the requisite number of words is a very fair, reasonable, amendment, around. and in opposition to this amendment. and I urge its support. Let me point out one thing that real- Mr. Chairman, I would just point out b 1630 ly disturbs me greatly. During the de- to my colleagues that we have made bate on this education appropriations dramatic reductions in the intelligence Ms. WOOLSEY. Mr. Chairman, I bill, we dealt with the Head Start Pro- move to strike the requisite number of budget, which is a classified matter gram which helps young children. We and I cannot get into the details of it, words. were told during the debate by this new Mr. Chairman, today’s entire debate but we have cut this budget more than congressional majority that we had to seems to be an exercise in delusion. George Bush wanted and much more For those who have not been follow- cut Head Start programming to the than Bill Clinton wanted. I think we ing events in the world, let me repeat tune of $137 million. That is what we are on a course to reduce not only per- something that doesn’t seem to be get- cut from last year’s funding levels. sonnel but the overall expenditures, ting through: The cold war is over. And Why? Because we were told in some part of the major reduction in defense now that the cold war is over, what in cases some of the programs that are spending. the world are we doing increasing the administering these dollars for our Sometimes people forget that be- intelligence budget? kids were not very efficient. There was tween 1985 and 1995 we have reduced de- We simply have no business doing some overlap. We could make better fense spending by about 38 percent, or this at a time when we are slashing use of the dollars, and this was a signal $100 billion in real terms. The intel- funds for Medicare, student aid, and to them that they better shape up. ligence community has taken its pro- child nutrition. Yet we learned that with the CIA we portion of those reductions, as I men- And, we have no business doing this are funding assassinations in countries tioned, not only in personnel but also at a time when the threat we are facing like Guatemala with the assistance of in equipment. in this world is much reduced. CIA operatives. We find that they are This year’s bill was put together on a Mr. Chairman, it’s time for this Con- spending $300 million on lavish offices very bipartisan basis. We looked at the gress to wake up and snap out of it. and buildings, and here we are telling needs in all areas of intelligence, and The cold war is over. It’s time to cut the American people that we have to we came up with a number which is the intelligence budget. This cut is tighten our belt and cut Head Start classified and I cannot get into, but I fair, this cut is needed, and this cut $137 million because the administration think is about as appropriate to the should be passed. has not been as efficient as we would challenge that we are faced with out The Sanders-Owens amendment saves like. there. I do not think that makes sense. On over 1.5 billion. It needs our support. Departed Director Jim Woolsey Mr. BECERRA. Mr. Chairman, I a budget that we cannot reveal the talked about the fact that in a post- move to strike the requisite number of numbers to the American people, be- cold-war era the world is not as safe words. cause it is an intelligence matter, we and comfortable and cozy as a lot of Mr. Chairman, I was listening to the are saying ‘‘Let us increase’’, but when people thought it was going to be. We debate and watching the debate from it comes to real intelligence, as the have got problems throughout the my office when I was compelled to gentleman from New York [Mr. OWENS] world, and in my judgment the intel- come here, because, as I remember, pointed out, when it comes to our ligence budget today is at about the during the debate on the appropria- school children, we are willing to cut. right size and, as I have said, dramati- tions bill dealing with education pro- Forty years ago we had a President, cally below what George Bush and grams, with programs for our working Mr. Eisenhower, who said national se- President Clinton asked for. men and women to protect them at the curity of this country relies on having workplace, for health programs for sen- educated people and a society that Mr. OWENS. Mr. Chairman, will the iors, we made dramatic cuts in some of knows how to work, and for the first gentleman yield? those programs, in some cases elimi- time the Federal Government became Mr. DICKS. I yield to the gentleman nating programs. involved in helping local schools and from New York. For example, we cut out every single local State governments fund edu- Mr. OWENS. Mr. Chairman, the gen- dollar that we put in to subsidize sen- cation. tleman disputes the figures that were iors’ payments of their home heating Ten years later under President given to us by another member of the bills during the times in the winter Johnson we passed for the first time an committee. Sixteen percent was a cut, when it is very expensive, especially on education act to really have the Fed- he said, that has taken place, and you the east coast, to try to heat your eral Government get involved. Of all say it is more like a $100 billion cut? home. This is for families, mostly sen- the moneys that schools spend, the Mr. DICKS. On the defense appropria- iors, as I said before, who are on sub- Federal Government provides about 6 tions bill. The intelligence budget is a sidized incomes already and who are percent of those dollars, a very small part of the defense appropriations bill. finding it very difficult to pay their amount, but it is more than we used to. What I was saying first is defense bills, very expensive heating bills. We Now we are told we have to cut back spending has been—— saw the case in Chicago recently where on what we spend on our children, be- Mr. OWENS. You agree with the 16 400 people died because they had prob- cause we have to tighten our belt, yet percent figure that he gave us? lems keeping their places cool enough here we are told, ‘‘No; you do not have Mr. DICKS. I am not going to get to stay there and live, 400 people dying. to tighten your belt, spend more, spend into a percentage number because I We cut dramatically into those pro- more’’, even though you are telling think that may be classified itself. I grams, in some cases eliminating. Here Head Start folks, ‘‘You cannot get am just going to say the defense budget H 8652 CONGRESSIONAL RECORD — HOUSE September 7, 1995 itself has been cut by 37 percent be- years leading up to this year, and also est with yourself or with the American tween 1985 and 1995 or about $100 bil- we have cut the defense budget which people, because that is not factually lion. We are down from $350 billion to the intelligence budget is part of, so I borne out by what is happening in that $250 billion. think we have done the job. I think country. There is tremendous turmoil If the gentleman would go on with what the gentleman is offering is too in Russia. There is turmoil in Ukraine. me for one more second, in procure- severe, goes too far, and is not well We had the President of Belarus, just ment, we are going to have a procure- thought out. 1 month ago, say he was no longer ment readiness problem out there in Mr. WELDON of Pennsylvania. Mr. going to allow the return of the SS–25 the future. The cut is from $135 billion Chairman, I move to strike the req- missiles. He said he is going to keep to $41 billion. uisite number of words. them on his own soil, because Russia We have been cutting defense very (Mr. WELDON of Pennsylvania asked was not giving enough money to assist dramatically, and the intelligence and was given permission to revise and in dismantling those missiles. Those budget has been cut as part of that. extend his remarks.) are the same missiles, by the way, that President Clinton, when he ran for Mr. WELDON of Pennsylvania. Mr. have a range of 5,500 kilometers, that President, talked about cutting it by Chairman, I think the easiest course to can hit any city in America. 1.5 percent per year. We have cut it be- take perhaps on this bill would be to Mr. Chairman, I am not here as an yond that. We have cut it more deeply support an amendment that would cut alarmist, but what I am asking our col- than that. The gentleman from Penn- the intelligence funding that is so vital leagues to do is to read factual infor- sylvania [Mr. MURTHA] has been the for our national security in a time mation. If my colleagues would like to person who, when he was chairman, when we are making tough decisions. read the book on Zhirinovsky if they made serious cuts in that budget. But our job here in Washington is to have the time, I will provide a copy to Mr. OWENS. We want more money to look beyond what is the superficially them. If they would like to read the go to the real defense budget, and not easy answer and decision and to look FIBUS reports, I will summarize them have Aldrich Ames and his colleagues at what in fact substantively is needed. for them. If you would like to meet wasting our money, at the same time I spent the greater part of the break with some of the 100 Duma members I killing our agents. We think it is being updating myself on what is happening met with this year, I will arrange for misspent and dangerously wasted in in the former Soviet republics, and I that. You can laugh all you want. We the intelligence operation. hope my colleagues did the same. I are talking about a serious issue. Mr. DICKS. As the gentleman knows, would encourage my colleagues who The point is, Mr. Chairman, that President Clinton has just named Mr. may not have read what has been what we are doing here I think could Deutch to come in and be the new di- called perhaps the most important for- really shortchange not just our mili- rector. I as a Democrat feel that John eign policy book of this year, to read tary but the security of the free world. Deutch is very competent, very profes- the book called Zhirinovsky. This book It might sound good to make a 10-per- sional. He has brought in a new man- came out in the end of June 1995, and is cent cut in the intelligence budget. agement team, he has brought in a a very intensely researched document That is absolutely the wrong decision whole new top team at the directorate by two leading Russian writers on to be making on this bill, and I would of operations where Mr. Ames resided, Vladimir Zhirinovsky, who is leading encourage our colleagues to reject this and you are right, there were serious the National Liberal Democratic amendment and support efforts to beef problems there. Party. Zhirinovsky, as most of our col- up our understanding of what is hap- But to come in here now and say, leagues know, his party won a majority pening in the former Soviet republics. well, because there were serious prob- of the seats in the Duma elections last b lems, we need to take a meat ax ap- year and stands to make significant 1645 proach to the intelligence budget, I do gains in the elections in Russia this Mr. LEWIS of California. Mr. Chair- not think is the right approach to it. coming year. man, I move to strike the requisite As I looked at the budget just the For those who would argue that the number of words. other day, and I do not think any of threat from the former Soviet Union (Mr. LEWIS of California asked and the Members of the House have been up no longer exists, I would say take some was given permission to revise and ex- to even look at the classified annex of time to read and update yourselves, tend his remarks.) the budget, that is the only way you whether it is through this particular Mr. LEWIS of California. Mr. Chair- can really look and see what is in this book, which is a factual documenta- man, my colleagues who appeared just budget. tion, or perhaps the daily FIBUS re- before, he raised a point which I think Mr. SANDERS. Mr. Chairman, will ports which all of you have access to, is very, very important. During much the gentleman yield? which I read every day, on what is hap- of this debate, people have been sug- Mr. DICKS. I yield to the gentleman pening inside the former Soviet repub- gesting that the world has changed so from Vermont. lics. radically because the East-West con- Mr. SANDERS. Just tell the Amer- I take great pride in reaching out to frontation has disappeared and, there- ican people why it is OK to slash Medi- the former Soviet Union. I cochair the fore, we can just radically adjust our care, education, and Head Start at a energy caucus with the Russian Duma defense spending, but there is no need time, for example, in terms of edu- members, I cochair the environmental for intelligence spending as well. cation, we know we need more help for effort, and I work with them regularly. Mr. Chairman, let me say this: Begin- education, when at the same time half But we have to understand, the mili- ning with an important point to me, it of the intelligence budget as I under- tary leadership in Russia today is the is my privilege now serving on the stand it went to fight the Soviet same military leadership that was Committee on Appropriations, to serve Union, and the Soviet Union no longer there when it was the Soviet Union. on the Subcommittee on National Se- exists. Why can we not make a modest They have not gone away. They have curity that is before us today. But I $1.6 billion reduction in intelligence not run off and converted themselves. also serve with my chairman of the funding? The generals in charge are the same Subcommittee on National Security as Mr. DICKS. I would say to the gen- generals who were in charge when it a colleague on the Select Committee tleman, first of all, I share his concern was a Communist state, and if you look on Intelligence as well. To combine about Medicare, Medicaid, and edu- at what is happening with the intel- those two responsibilities gives one a cation, and I did not vote for balanced ligence reports that we have access to much different picture of the world budget amendment that required a as Members, they are planning on play- than I had preceding that service. major tax cut which makes it a re- ing a major role in the upcoming Duma Mr. Chairman, there is little question quirement to cut too deeply into these elections this December. that all of us are very hopeful about programs. For those who say we can ignore all the future in terms of the prospects of But I do believe that we have made of this and that we can somehow put peace for the world. The hopeful elimi- serious and significant cuts in the in- our heads in the sand and think that nation of the East-West confrontation telligence budget already, in prior all is rosy, you are just not being hon- is encouraging to each and every one of September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8653 us who care about our future. Because bate that are not in this bill. And the Mr. LEWIS of California. Mr. Chair- of that, many in the House have auto- reason I make this point is that there man, reclaiming my time, I appreciate matically assumed that we can afford are 13 different appropriations bills, the comments of the gentleman from to lightly, almost radically readjust many agencies of Government, each Florida for he has said it all. In this our defense spending. one of them having their own areas of moment, in this very, very complex As a result of that, as has been dis- responsibility. world, it is just the moment the Presi- cussed, we have readjusted downward Mr. Chairman, we do not do anybody dent needs more and better informa- over the last several years in this Na- a service by trying to play one against tion and the House needs that informa- tion, causing us today to be spending the other and say we cannot do this be- tion too. $100 billion less than we were before. cause we are going to do that. These Mr. DICKS. Mr. Chairman, will the To suggest that in light of that, that are all important, but they are not all gentleman yield? just lightly we can recalculate the need done in the same appropriations bill. Mr. LEWIS of California. I yield to for intelligence spending, readjust A lot of things that have been talked the gentleman from Washington. similarly, or whack away at these pro- about are things that could be done by Mr. DICKS. Mr. Chairman, one of the grams would be the gravest of mistakes the State governments. And as my col- reasons we have been able to cut the in terms of our responsibility, not just leagues know, through our block grant defense budget by $100 billion is be- to this House, the people we represent, program we plan to do that. cause we are getting better and better but also to those people we would have The CHAIRMAN. The time of the intelligence. In the gulf war, for exam- to preserve peace for in the world. gentleman from California [Mr. LEWIS] ple, we were able to use precision-guid- The intelligence community has has expired. ed munitions and we were able to use come down, as has been discussed. (On request of Mr. YOUNG of Florida, the intelligence we had for targeting Since 1990, the reductions have been and by unanimous consent, Mr. LEWIS purposes, and we got a much higher of California was allowed to proceed for close to 16 percent in this area. But let kill rate than we ever got in any other 3 additional minutes.) me say to my colleagues, further re- war before. Mr. LEWIS of California. I yield to As we move into the future, with the duction could be a dramatic mistake the gentleman from Florida. on our part, for as we have reduced de- Mr. YOUNG of Florida. Mr. Chair- block 30 upgrade on the B–2, we will be fense spending, we are dealing with the man, there are a lot of activities that able to fuse intelligence right into the reality that the world is much more we are going to be funding through cockpit and go after Scud missile complex today, not less complex than block grants and other types of pro- launcher and other mobile targets. when we were dealing directly, day in grams, but a lot of those could be done The CHAIRMAN. The time of the and day out, in our concerns about the by the States or the local governments. gentleman from California [Mr. LEWIS] Soviet Union. Mr. Chairman, if there is anything has expired. Indeed, the world is complex not only that the cities or the counties or the (On request of Mr. DICKS, and by in terms of Russia, but very, very com- States cannot do that must be done by unanimous consent, Mr. LEWIS of Cali- plex in terms of those other countries the Federal Government it is to pro- fornia was allowed to proceed for 1 ad- we must deal with. And further com- tect the security of this Nation. We are ditional minute.) plex by the fact that it is a much more talking about a national defense. We Mr. LEWIS of California. I yield to dangerous world. Those who tended to are talking about an Army, a Navy, an the gentleman from Washington. set aside concerns about terrorism Air Force, a Marine Corps, a Coast Mr. DICKS. Mr. Chairman, in the to- took a look again when bombs went off Guard, an intelligence community, and tality of the defense budget, we are in New York. But even then, people all of these related activities. going to be able to come down a little lightly set that aside. Those things can only be done by the further if we have quality intelligence. Oklahoma City came along and ques- Federal Government. The States can- I just believe that a 10-percent cut on tions were raised one more time. not do them. So, we as the Federal top of what we have done over the last Maybe we better know more about this Congress have an obligation. The Con- 4 or 5 years is too severe and I urge complex world. I would submit to my stitution gives us the obligation to pro- that we defeat the amendment. colleagues and Members that this is ex- vide for the common defense. That in- Mr. LEWIS of California. Mr. Chair- actly not the time to be reducing these cludes intelligence, knowing what is man, reclaiming my time, the gen- budgets. happening in the world which might af- tleman from Washington [Mr. DICKS] Indeed, the President, and I would fect us. Let us face it, almost every- makes a very important point. Indeed, speak to my colleagues on the Demo- thing that happens in the world affects it is my work on the Select Committee cratic side of the aisle especially, our the United States today because of the on Intelligence that has caused me to President at this time needs more and Nation that we are. believe that we are right on the verge better information, not less informa- We cannot afford to put blinders on of peace in our time. There is a hope tion. To cut this valuable base from our eyes or to put plugs in our ears and for peace in the world, because of some under him is going to undermine his not be able to determine what a poten- of the things that America is about. ability to develop policy that is criti- tial threat might be or where it might Our intelligence community is playing cal to the future of peace in the world. be coming from. a very significant role in that connec- This is not the moment for us to pre- Mr. Chairman, we cannot accept this tion. sume that intelligence is unnecessary. amendment. It is just too massive a Mr. CUNNINGHAM. Mr. Chairman, I Indeed, the intelligent decision is to be cut in a relatively small budget that is move to strike the requisite number of increasing these budgets at this mo- essential to providing for the protec- words. ment instead. tion of the security of our Nation and Mr. Chairman, I rise in opposition to Mr. YOUNG of Alaska. Mr. Chair- our interests, whatever they might be, the amendment. I have heard a few man, will the gentleman yield? and our people. things said on the floor, and I feel that Mr. LEWIS of California. I yield to Mr. Chairman, I emphasize our peo- if people would have served in the the gentleman from Florida. ple, because intelligence not only deals frontline, either in the intelligence Mr. YOUNG of Florida. Mr. Chair- with the spooky spy things that we agency or in the service of this country man, I would like to just point out that hear about in the movies, but it deals in the military, that their views might we are not slashing Medicare. There is with threats from terrorists. We deal change because of the threat. nothing about Medicare in this bill. with threats from narcotics dealers. We First of all, I heard that the cold war And I can make this commitment to deal with threats from nuclear, biologi- is over. Russia, the former Soviet you, that in any legislation that this cal, and chemical weapons. We are Union, today has built and is producing Congress brings forth to the House dealing with providing intelligence on an airplane called the Su–35. It is supe- there will not be any slash in Medicare. a lot of threats. rior to our F–14’s and even our F–15 There is nothing in this bill about If we do not have that intelligence, Strike Eagles. That airplane carries an Head Start. There are a lot of things we are blindfolded. We just cannot have AA–10 missile superior to our that were talked about during the de- this cut. AMRAAM. They are stealthing their H 8654 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Baltic fleet. They are second in the the increase in the intelligence com- with the end of the cold war and the world at accomplishing that. munity. decline of the Soviet Union, there is Mr. Chairman, I look at Bosnia and Right now, today, over Bosnia, we simply less money available to be used the threat that we have there, the im- have an unmanned drone called the on other domestic needs. minent threat of putting our troops; Predator. We are also using the Hun- Mr. MURTHA. Mr. Chairman, re- another reason why I did not want to ter. That information allows us to find claiming my time, I oppose my friend’s lift the arms embargo. Saddam Hussein those targets and lessen the risk to our amendment, and I say we worked hard is still out there. The problems in Is- pilots as they are flying over Bosnia in trying to balance the intelligence- rael and North Korea. today. Yet those systems under these gathering effort in this country. The Bottom-Up Review was a level at cuts would probably go away. They are Over the years we saw that there was which we were supposed to fight two just hanging on with the limited funds excessive spending, and we cut it dra- conflicts simultaneously after our we have available for national defense. matically a couple of years ago, drawdown. Well, according to GAO, we Can we afford to put our people’s against the advice of the President are between $150 to $200 billion below lives at risk when we are taking these himself and the Director of the intel- the Bottom-Up Review, and this is the kinds of cuts? When we are already $200 ligence agency. But we think we made bare-bone minimum, after a drawdown. billion below the Bottom-Up Review the right cuts, the threat had changed Mr. Chairman, especially in a weak- and the President of this country, in so dramatically. ened state, and after the hearings and his first Budget Act, wanted to cut de- We are continuing that trend to the testimony time and time again be- fense $177 billion, after candidate Clin- make sure it is leaner and does a better fore our committee where they say we ton himself said that $50 billion would job with the changed threat. could go to war, but it would be a very put us into a hollow force. Mr. CUNNINGHAM. Mr. Chairman, short-lasting readiness level, that we So, Mr. Chairman, I respect the gen- will the gentleman yield? definitely need more intelligence in- tleman’s right to have his view, but on Mr. MURTHA. I yield to the gen- stead of less. the same term, I do not respect the tleman from California. Second, this is at times, Mr. Chair- ability that it would diminish the Mr. CUNNINGHAM. I thank the gen- man, a very evil place and I believe chance of our men and women coming tleman for yielding. that. It is a place about power. It is a back in combat. Mr. Chairman, I agree with the gen- place about the ability to disperse Mr. MURTHA. Mr. Chairman, I move tleman from Vermont in the fact that money so that you can get reelected to strike the requisite number of it would be inappropriate to bring up with interest groups. It is the ability words. those issues if they had not been to get reelected so that you can control Mr. SANDERS. Mr. Chairman, will brought up by your side as saying that the power and control the majority. the gentleman yield? we were taking away from this bill. And to do that, what we are actually Mr. MURTHA. I yield to the gen- That is the reason I addressed them. trying to do in education and welfare tleman from Vermont. Secondly, as we have been only in and the other things are damaged. b 1700 power for a very short time as far as Let me give you a couple of classic Mr. SANDERS. Mr. Chairman, now is the majority, those kinds of things did examples. We get a very low percent- not really the time to get into a debate not happen on our watch. Look at the age of the dollars back down in the over some of the issues that the gen- welfare system as it has failed today. education because the Federal bureauc- tleman from California and the chair- Look at the education system. We have racy that eats it up here in Washing- man raised, but I would just say the good schools. But as you take a look across the ton, DC, but I have heard people say we following: We are one Government, and board, there is a lot of work we can do are cutting education. What we are all of the money that we expend comes to help those things, and with the In- doing is cutting the Federal bureauc- from the taxpayers, the American peo- telligence Committee and with the racy. ple. We only get 23 cents of every dollar The facts are very clear that the drawdown of our defense forces, you that we send here back to the class- United States has, for example, the cannot say the majority party is de- room. Take a look at the State bu- highest rate of childhood poverty in stroying these other things to beef up reaucracy, which we have to limit as the industrial world. Nobody disputes defense. Those systems are already in well. That is not helping education. that. It is a national shame. In my dire need of help. That is what we are Look across this country with the SAT view, the gentleman may disagree. trying to do by taking the power away scores and reading comprehension, the The facts are also clear that as a re- from you and away from Washington system has failed. sult of policy being made by the major- and giving it back to the people. The gentleman from the other side ity party, more and more children in Mr. MURTHA. Let me just urge the has his right to a view of bigger gov- this country will suffer and childhood Members to vote against the amend- ernment and bigger bureaucracy. I am poverty will increase. The United ment. not disputing his right to have that States today, in the United States The CHAIRMAN. The question is on view. But in that view, it damages the today, millions of working-class fami- the amendment offered by the gen- national security of this country, and lies cannot afford to send their kids to tleman from Vermont [Mr. SANDERS]. that I do dispute. college. The question was taken; and the I look at welfare and a very failed To my mind, there is no question but Chairman announced that the noes ap- system where we only get about 30 as a result of recent decisions made by peared to have it. cents out of every buck down to it, but the majority, it will be significantly Mr. SANDERS. Mr. Chairman, I de- yet they will tell you that we are tak- harder for middle-class families to send mand a recorded vote, and pending ing food out of mothers’ mouths. And their kids to college. that, I make the point of order that a in the Medicare system where we are In my State of Vermont and in Cali- quorum is not present. increasing it from $4,800 to $6,700, that fornia and all over this country, mil- The CHAIRMAN. Pursuant to the is not a cut; that is an add. lions of elderly people cannot afford order of the House of Monday, July 31, Mr. Chairman, we are not going the high cost of pharmaceutical drugs, 1995, further proceedings on the amend- under the same assumptions that they and millions of senior citizens today ment offered by the gentleman from do that we are going to allow the mis- cannot afford the high cost of health Vermont [Mr. SANDERS] will be post- management, the $16 billion in fraud, care, despite Medicare. poned. waste, and abuse and other things. The There is no dispute that as a result of The point of order of no quorum is bottom line is that we are taking that cuts in Medicare, it will be harder and considered withdrawn. power out of Washington and moving it harder for the elderly people to pay for AMENDMENT OFFERED BY MRS. SCHROEDER back to the States. In the meantime, their health care needs, which are Mrs. SCHROEDER. Mr. Chairman, I we are trying to protect this country going up. offer an amendment. and its national security needs. In a We are one people. If we expend more The CHAIRMAN. The Clerk will des- weakened state, we need to encourage unnecessarily on intelligence budgets, ignate the amendment. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8655 The text of the amendment is as fol- So think about it. All during the Your amendment reduces the funding level lows: Cold War we never gave the Pentagon appropriated for DOD programs by 3% to con- Amendment offered by Mrs. SCHROEDER: more then they asked for, for heaven’s form the bill to the level requested by the ad- Page 94, after line 3, insert the following new sakes, and here it is over. We are giv- ministration. We have better things that we section: ing them more than they asked for and could do with $8 billion. For example, we SEC. 8107. Each amount appropriated or more than the rest of the world to- could: otherwise made available by this Act that is First, return it to the Treasury for deficit re- not required to be appropriated or otherwise gether is spending on defense. Go fig- made available by a provision of law is here- ure. duction. by reduced by 3 percent. What will this amendment do? What Second, increase funding for biomedical re- Mrs. SCHROEDER. Mr. Chairman, I will it cut out? Well, we will hear all search at NIH by 75%. Third, clean up 312 superfund sites, aver- stand to say I think this is a very, very sorts of people saying, oh, it could hurt age clean up costs per superfund site is $25 important amendment and a chance to this, it could hurt that. Let me tell you, it does not say what they have to million, deal with the biggest threat America Fourth, block grant $156 million to each of has, and that is the threat of the debt. cut out. This gives total discretion to the Pentagon to figure out where they the 50 states. Look, that is our biggest threat, and Fifth, pay for more than 70 million mammo- this is the first time I ever remember would take that 3 percent out. They may decide they now want grams. on this House floor that we have voted Sixth, cover childcare costs for 2 million chil- for more money for the Defense De- these new weapons they did not used to want, so they could cut other things. dren for 1 year. partment than the President asked for, Seventh, send 1.3 million children to Head- Let me give you some examples of who is commander in chief, than the start for 1 year. places where folks say we could cut. If Pentagon asked for, than the Joint Eight, disperse Pell grants to 3.3 million you look at just intelligence, we have Chiefs asked for. needy students. All this amendment does is it is an the CIA, we have the Defense Intel- Ninth, put 235,493 new police officers on across-the-board cut to bring that level ligence Agency, we have the Navy In- the street. back down to what the Pentagon, the telligence Agency, Air Force Intel- Tenth, offer prenatal and post-partum care President and the Joint Chiefs came ligence agency, Army Intelligence to 2 million uninsured pregnant women. across the river and said this is what is Agency, National Security Agency, and Eleventh, provide 55 million school lunches needed for the threat. CIA. If you took all of those, we are to eligible children. This is a total of a $7.8 billion in- told you could save $19 billion in just Twelth, feed 9.5 million people one nutri- crease above the level that was re- overhead by trying to just combine tious meal daily for one year. quested by the Pentagon. Now, I just them, as we see corporate America Thirteenth, nearly quadruple our investment want to say that I think we really, if doing, and other such things, that in women's health at HHS. we are going to talk about fiscal re- there is a tremendous amount of over- The increase = Pork for Hawks sponsibility, this is an area where we head. If our financial situation is so dire that we ought to do it. If you look at other places in the must cut education, housing, and children's Nobody has taken this floor during budget, there are all sorts of other programs, then this increase in defense the entire debate and said that the places you could save in overhead. I spending is irresponsible. If we're trying to bal- threat is $7.8 billion greater than the think it has always been very interest- ance the budget then why choose to spend: President viewed it, $7.8 billion greater ing to me that each branch of the serv- *$974 million for a new, unrequested Am- than the Joint Chiefs viewed it or ices has their own chaplain school. You phibious Marine Transport *$160 million for 8 unrequested AV-8 Har- whatever. No. We did not say that. know, is there a different way to be a Instead, we voted to say we are going Navy chaplain than there is to be an riers *$140 million for 20 unrequested Kiowa to add these different things on that Army chaplain? I do not really think Warrior Helicopters. This is $20 million over they did not ask for, but it should be so. The same with law schools, the same with all sorts of things. So there the authorized amount. threat-related, especially when the big- *$40 million for 750 unrequested Hellfire are lots of ways that, if the Defense De- gest threat is the threat of the debt. missiles If you look at the defense budget partment decides they now want to *$39 million for 453 unrequested Javelin after this cut would take effect, it keep the B–2’s in, they now want to missiles would still be that we are allocating keep other things in they had not *$27.4 million for unrequested TOW2 Sys- more money to defense in this country asked for that we have put in, if they tem summary than the combined amounts of our decide they want to do that, fine. *$46.1 million for 2100 unrequested MLRS NATO allies, Russia, and Japan, more There are many other ways they can Rockets than all of those. juggle these numbers. This is a 3 per- *$40 million for 45 unrequested Harpoon If you look at the costs that I am cent cut to bring it back to what they missiles sure we are going to hear about for originally asked for, and I keep re- *$493 million, in unrequested funds, for the some of the things that are going on in minding you throughout this whole de- B±2 Bomber program the Middle East and Somalia, the bate, no one heard one person say the *$250 million for 6 unrequested F±15E former Yugoslavia, places where we threat is greater than they said, the Fighters now have troops and where they are amount is not enough. *$339 million for 10 unrequested C±130 doing different things, be they humani- Please, vote ‘‘aye’’ for this 3-percent Cargo Planes. This is $48.6 million and 2 tarian or otherwise, the estimates for cut. planes over the authorized amount. all of those things are only about $3 The Appropriations Committee has rec- *$599 million more for Ballistic Missile De- billion. So that is not driving this ommended an appropriation of $244.12 billion fense budget. for DOD programs. This appropriation level *$200 million more for F±22 Fighters But what we are talking about here represents a $7.8 billion increase over the ANNOUNCEMENT BY THE CHAIRMAN is $244.12 billion. That is really an in- amount requested by the Pentagon. We don't The CHAIRMAN. Before recognizing credible amount of money, and I really need this spending increase because: the next speaker, the Chair would like think that kind of money should be 1) Our defense spending currently amounts to inform the House that the 5 hours going to offset the debt. to more than that of our NATO allies, Russia, provided under the unanimous-consent I am not quite sure what the status and Japan combined. agreement for the consideration of of the whole lockbox issue is, but my 2) We are still spending 92 cents for every amendments expires at 5:27. At that hope would be that this could be locked dollar we spend during the cold war, and the time, wherever we are on whichever up for the deficit. But if it is not, it cold war is over. amendment we are on, the debate will could be used for many other things, 3) The actual extra cost of assorted contin- cease and the Chair will put the ques- too. gency operations in Somalia, the Middle East, tion. We have heard many other things Africa, the former Yugoslavia, and elsewhere Mr. YOUNG of Florida. Mr. Chair- during this debate that people thought totals approximately $3 billion per yerÐ1% of man, I rise in opposition to the amend- were very high priorities. current military spending. ment. H 8656 CONGRESSIONAL RECORD — HOUSE September 7, 1995 Mr. Chairman, the way the amend- put them in the car, take them home; nance, depot maintenance; those are ment is written, each amount provided you would not let them stay. That is the kind of things we put in this bill. by this act is hereby reduced by 3 per- not fair that your military personnel As I said, we did not create a lot of cent. In other words, every account in have to live in facilities like that. new programs, we did not start any here, other than the mandatories, During the break I had a chance to massive new procurement programs or would be reduced by 3 percent. That is visit some of the military bases, and I weapon systems. We are trying to en- what the language says. have seen some of the barracks that go hance those that we have; we are try- The problem here is that a large por- back to World War II. The tiles are ing to take care of the nuts and bolts tion of that, almost two-thirds of that falling off the ceiling. The pipes are to keep the machinery working. reduction, would come from operation leaking. The money is not there to ei- Mr. Chairman, it reminds me of a and maintenance and military person- ther rebuild them or refurbish them. statement that my grandmother nel. So they are in poor condition, and taught me many, many years ago, and Let me tell you what we would be they need to be corrected. I have later learned that she was not cutting out of military personnel: the What about promotions? This would, the author, but she related it to me. pay raise. Do not the people that serve in effect, stall a lot of promotions that and that was for the want of a nail the in the military deserve a pay raise? are already scheduled. The members of shoe was lost, and for want of the shoe Mrs. SCHROEDER. Mr. Chairman, the military are already starting to the horse was lost, and for want of the will the gentleman yield? spend the money in their mind. Some horse the rider was lost, and it goes on Mr. YOUNG of Florida. I yield to the of the promotions are not going to be to tell how the battle was lost. Well, gentlewoman from Colorado. able to go forward. this list I have just unrolled here, these Mrs. SCHROEDER. Mr. Chairman, I As we put this bill together, we did are my horseshoe nails. We want to want to make it very clear that it does not add a lot of new money for procure- make sure we did not lose anything im- not come out of the pay raise. It does ment. We did not start up any nice, portant because we did not provide for not come out of anything in particular. new, big programs. But what we did, we the horseshoe nail. It really is giving the Pentagon a line- looked at all of the services, and we This 3-percent across-the-board cut is item veto. They can allocate this 3 per- tried to isolate and identify those areas going to cut into the increases that we cent however they would like to. where there were real shortages of made in some of those nonsexy, non- It is a 3 percent across the board or a items that we have to have, and what political, but important, issues relative 3 percent cut of different areas, if you called this to my attention was that at to those who serve in the Armed want to do it in personnel. I was point- one of our earlier hearings this year we Forces, and again, Mr. Chairman, the ing out all the ways you could combine were talking about airplanes and buy- gentlewoman would argue that her things, just in intelligence agencies ing new airplanes, and the witness who amendment does not do that, but in alone, to save $19 billion, and that will was testifying told us, ‘‘We are not so fact it is exactly what it does. come under personnel by combining much worried about the airplanes. We Mr. OBEY. Mr. Chairman, I move to them. are short of tugs to draw the airplanes strike the last word. I really respect the gentleman from from the hangars out to the runway,’’ Mr. Chairman, I would simply like to Florida, and I hope we do not get into and it got me thinking, I wonder how note in response to my good friend, the trying to see a bogeyman here. many items there are out there like gentleman from Florida [Mr. YOUNG], The President had in his budget a that that nobody has ever heard about that I think it is about the third time pay raise. We are all for a pay raise We that could actually stop the operation I have seen him roll out that sheet, the want that to happen. of our military forces. so-called shortages, and all I would say But this is a budget that has more So I assigned the staff of the sub- is that I have in my hand this, what money than they asked for, and this is committee to identify for me items someone else from Wisconsin used to just to bring it back down to those that nobody has ever heard about but say is a copy of a report from the Gen- numbers. that are essential and important to the eral Accounting Office. It is not very Mr. YOUNG of Florida. Mr. Chair- conduct of our military forces, and old, August 1995, is labeled ‘‘Defense In- man, I ask unanimous consent that 2 with the help of this page I am going to ventory,’’ and the cover sheet says minutes be added to my time. unravel this long list of items you have shortages are recurring but not a prob- The CHAIRMAN. Is there objection never read about in the newspaper, you lem. The essence of the GAO report is to the request of the gentleman from have never heard about on television, simply that the accounting system of Florida? because they are not politically sexy, DOD grossly overstates shortage prob- There was no objection. but they are things that are essential lems, and I would suggest that, there- Mr. YOUNG of Florida. Mr. Chair- to maintaining our military. fore, we ought to take his concerns man, that may be the argument of the with a grain of salt when evaluating gentlewoman. That is not the way the b 1715 the amendment of the gentlewoman amendment reads, and we have to go Now here is where we added money, from Colorado. by the way the amendment is offered and, if we have to take a 3-percent re- Now I ordinarily do not like across- before the House. duction, we are going to lose a lot of the-board cuts. I think they are a ‘‘Each amount appropriated or other- this, things like trucks. I visited one brainless way to reduce expenditures wise made available by this act is here- Army facility. They had trucks that go and that we ought to have the courage by reduced by 3 percent.’’ That means back to Harry Truman’s Presidency. to single out individual items of low you go through the bill, pick out the We have added additional money in priority before being excised from the items that are not mandatory, that are this bill to buy some new trucks to re- budget in order to meet our respon- not entitlements, and they will be re- place those old trucks that cost more sibilities to reduce the deficit. But this duced by 3 percent. to maintain than to try to use them. House has demonstrated on every occa- All of the debate will not change What were some of the other short- sion today that it is not willing to that, and I say again that part of those falls? make reductions in this bill in the in- accounts are O&M and personnel. $4.5 Believe it or not, ammunition, short- telligent way, and so I think that it billion of this reduction would be ap- falls in ammunition. We are correcting leaves us with only one choice if we plied to those two accounts. That is that. We are adding additional money want to see a reduction, and that is to where the pay raise comes from. to buy ammunition. do it in the manner suggested by the What else comes from that? Bar- What about rifles? Who would ever gentlewoman from Colorado. I regret racks. We have heard all year long think that the U.S. Army would be that, but I think the responsibility for about the sad condition of so many of short on rifles? But we are. Certain the viability of the amendment of the our barracks. Pentagon officials who types of rifles the U.S. Army has a gentlewoman from Colorado lies with testified told us if you drive your kids shortage. the committee for refusing to support up to college and their dormitories Look at the testimony the Army tes- amendments such as limiting the B–2 looked like these barracks, you would tified today. Real property mainte- purchase to the number requested by September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8657 the Pentagon or heeding the General room for the amendment of the gentle- cut defense. We have accepted across- Accounting Office when it says that we woman to be accepted. the-board cuts, and I would strongly should not be spending $70 billion 7 Mr. CUNNINGHAM. Mr. Chairman I object to and ask the Members to vote years early on the F–22. move to strike the requisite number of against a 3-percent cut across the Mr. Chairman, we have tried to go words. board. after specific nonessential programs The CHAIRMAN. The gentleman Mr. CUNNINGHAM. Mr. Chairman, and have not found a willingness on the from California [Mr. CUNNINGHAM] will reclaiming what little time I have left, part of the House to accommodate be recognized for 3 minutes because the the gentlewoman says that pay raises that, and so, if we are interested in see- time for consideration of amendments would not be affected, but, if it is an ing to it that this agency is not ex- expires at 5:27, and it is presently 5:24. across-the-board, there is one that we empted from the budget squeeze which Mr. CUNNINGHAM. Mr. Chairman, I have bipartisan support in trying to fix has been applied with great tenacity yield to the gentleman from Florida back the High-One problem that we and sometimes with great viciousness [Mr. YOUNG]. have. In that account we either affect to other programs in Government, we Mr. YOUNG of Florida. Mr. Chair- the COLA, Elk Hills, or High One. have no choice but to pursue this ad- man, I thank the gentleman from Cali- Which will it be? If we do a 3-percent mittedly second- or even third-choice fornia for yielding this time to me, and cut, we either are going to cut the approach, but certainly being a better I want to make this one last point: COLA of military retirees or we are approach than no approach at all, and This bill appropriates $2.2 billion less going to affect those few people that so I am going to reluctantly support than this House authorized on the de- have decided to get out recently. the amendment. fense authorization bill earlier this I take a look at what our problems Mrs. SCHROEDER. Mr. Chairman, summer, $2.2 billion less. are right now across. We have got ships will the gentleman yield? Mr. CUNNINGHAM. Mr. Chairman, I that are not being repaired. Mr. OBEY. I yield to the gentle- yield to the gentleman from Penn- The gentlewoman in support of the woman from Colorado. sylvania [Mr. WELDON]. base closures, we cannot give the dol- Mrs. SCHROEDER. Mr. Chairman, I Mr. WELDON of Pennsylvania. Mr. lars for the base closures to reap the thank the gentleman from Wisconsin Chairman, I thank the gentleman from benefit of the dollars back to DOD, be- [Mr. OBEY] for his support, and I agree California for yielding. cause we do not have the dollars. That with the gentleman. I do not like doing I would just like to say I cannot be- would be hurt. an across-the-board cut either, but I lieve the discussion here. I would like I rise in opposition to the amend- agree also that when we are squeezing for our colleagues to tell the 1 million ment. out of everybody the very last, last men and women in this country who Ms. FURSE. Mr. Chairman, I rise to support drop of blood in other programs be- lost their jobs in the defense industry the Schroeder amendment for a 3 percent cut cause of this debt that is looming over over the past 2 years that there are no in this defense appropriations bill. I want to our head that we are all watching, I cuts being made. I would like my col- talk about budget priorities. I want to remind think it looks unconscionable to add leagues to tell them what they have my colleagues that this Congress really only more money to all of these things with- said on the floor today, that we have has power over discretionary spending. That is out coming up with a threat analysis not been tough with defense spending. about 54 percent of the budget, and that 54 that really drives it, and I think it is And where do we get this dollar percent is divided equally, 50±50, between also very difficult to explain to the amount from? We are giving the Presi- military and nonmilitary spending. people why spending more money than dent all this new money. I was Presi- Mr. Chairman, we have all heard all this talk all the rest of the world is spending on dent Clinton’s bottom-up review who about how we are gong to cut waste in this defense is still not enough. laid out the scenario for how much new Congress. We are going to balance the Mr. Chairman, we have got to add money we are going to need over the budget. But we may be surprised to hear that more, and so I really hope that this next 5 years. all of the cuts, all of them, I repeat, all the body thinks about this. I realize there We have heard the chairman of the cuts, have come from nonmilitary spending. is always a wish list, there is always a full committee mention the General Did the military budget get a cut? No, it did wish list. I have never, never, never Accounting Office. It was the General not. In fact, it got a huge increase. found an agency that did not have a Accounting Office who said that we are Now, poll after poll shows that the average wish list, and, if we said to them, Is $150 billion short just to meet the American wants Pentagon spending either there anything you need or are short President’s bottom-up review, and the kept the same or cut, but they do not want it of, they are a fool if they do not come Congressional Budget Office said we increased. In this bill before us today, national forward with a long list. It is the same are at least $60 billion short, and we missile defenseÐthe true star warsÐis actu- with my kids; it is the same with ev- are only increasing it by a very small ally increased 111 percent over last year's eryone I know. It is human nature. amount. In fact, all we are doing is sta- level. And one theater missile defense pro- But the issue is when the Joint bilizing defense spending. gramÐNavy upper tierÐis increased almost Chiefs think it is adequate, and every- I would urge our colleagues to reject 300 percent over last year. Mr. Chairman, I one else, then I think that the gen- this amendment and to support this think this is wrong and I would submit that the tleman is making a good point. I am very tough defense budget that I think American people might think this is a wrong sorry to do an across-the-board. It is has been crafted very wisely by the use of their money. all I know how to do, but I think the Committee on Appropriations. Now, it is true that we have made enormous American people would say we do not Mr. MURTHA. Mr. Chairman, will cuts. But I would like to talk about what those have sacred cows in this budget, and, if the gentleman yield? cuts are, and keeping in mind that those cuts we do not pass this, we have got a 2-ton Mr. CUNNINGHAM. I yield to the are at the same time we are increasing Penta- sacred cow grazing in this budget that gentleman from Pennsylvania. gon spending, while some of the cuts have has been held harmless. Mr. MURTHA. Let me just say there been direct attacks on our children and our Mr. OBEY. Mr. Chairman, I simply is $12 billion in backlog of real prop- country's future. say I agree with that, and I would erty maintenance. There is a backlog The Republicans have approved cuts that again point to the chart that I used on in depot maintenance. We have put it would deny Head Start to 180,000 children na- two other occasions today. The red off for years. The military has put it tionwide by the year 2002. In addition, Pell bars on this chart show what has hap- off for what they think are other prior- Grants are being cut. Pell Grants help our pened to the Russian military budget ities. young people get to college and they will be since 1989. The blue lines show what The across-the-board cut is the worst denied to 360,000 students in 1996. In fact, has happened to the American military kind of a cut available to the Members. 3,000 students in Oregon will not have a budget since 1989. The cuts were offered individually. The chance to go to college because of these cuts. Mr. Chairman, we had almost a 70- Members did not accept those cuts. They are also attacking the environment. percent reduction in the Russian budg- Some amendments were accepted, Let me tell you some of the cuts in the envi- et, very small reduction in ours. I some were not, but the point is an ronment. All funding is eliminated for listing of think that indicates there is ample across-the-board cut is not the way to threatened and endangered species. These H 8658 CONGRESSIONAL RECORD — HOUSE September 7, 1995 are species on which the fishing industry de- The Clerk redesignated the amend- Inglis Metcalf Seastrand ment. Istook Mfume Shadegg pends. We need support for these endangered Jackson-Lee Mica Shaw species, but we are cutting all the funding. RECORDED VOTE Jacobs Miller (FL) Shuster There is a 40-percent reduction in solar and The CHAIRMAN. A recorded vote has Jefferson Mineta Skaggs renewable energy, a 33-percent reduction in Johnson (CT) Molinari Skeen been demanded. Johnson, E. B. Mollohan the EPA budget, including a $765 million cut Skelton A recorded vote was ordered. Johnson, Sam Montgomery Smith (MI) in clean water funding. There is a 17-percent The vote was taken by electronic de- Johnston Moorhead Smith (NJ) cut in all of the EPA enforcement. Jones Moran Smith (TX) vice, and there were—ayes 93, noes 325, Kaptur Murtha Smith (WA) And what about cuts to seniors? We have Kasich Myers not voting 16, as follows: Solomon cut $270 billion in Medicare and eliminated the Kelly Myrick Souder [Roll No. 643] Kennedy (RI) Nethercutt Low-Income Home Energy Assistance Pro- Spence gram. This new Congress has cut senior nutri- AYES—93 Kennelly Neumann Kildee Ney Spratt Baldacci Green Peterson (MN) tion programs by $24 million. The older work- Kim Norwood Stearns Barcia Gutierrez Petri King Nussle Stenholm ers' programsÐ$46 million in cuts. All at the Barrett (WI) Gutknecht Poshard Kingston Ortiz Stockman same time that we are increasing the Penta- Becerra Hilliard Rangel Klink Orton Stokes Bonior Hinchey Rivers gon, we are cutting from children, from the en- Klug Oxley Stump Brown (CA) Johnson (SD) Roemer vironment, and from seniors. Knollenberg Packard Talent Brown (OH) Kanjorski Rohrabacher Kolbe Pallone Tanner Mr. Chairman, I wonder if cutting away at Camp Kennedy (MA) Roybal-Allard LaHood Parker Tate these programs is the right priority. Is it the Clay Kleczka Royce Lantos Paxon Tauzin Clayton LaFalce Rush priority that we believe in in this country to cut Largent Payne (VA) Taylor (MS) Coble Lewis (GA) Sanders Latham Pelosi Taylor (NC) away at security protections, the security of Collins (IL) Lincoln Schroeder LaTourette Peterson (FL) good education, safer streets, healthy children, Collins (MI) Lofgren Sensenbrenner Tejeda Laughlin Pickett Conyers Luther Shays Thomas and seniors, a safe and healthy environment? Lazio Pombo Cooley Markey Slaughter Thornberry I would say it is the wrong priority. Leach Pomeroy Costello Martinez Stark Thornton Levin Porter ShameÐI think it is a shameÐwhen we Coyne McCarthy Studds Thurman Lewis (CA) Portman have such very skewed economics priorities. I Danner McDermott Stupak Tiahrt Lewis (KY) Pryce DeFazio Meehan Thompson Torkildsen would say that they are not the priorities of my Lightfoot Quillen Dellums Meyers Torricelli Torres Linder Quinn constituents. Voting for the Schroeder amend- Duncan Miller (CA) Traficant Upton Lipinski Radanovich ment will go a little way toward righting those Durbin Minge Velazquez Visclosky Livingston Rahall Eshoo Mink Vento Vucanovich priorities. LoBiondo Ramstad Evans Nadler Volkmer Walker The CHAIRMAN. All time for consid- Longley Reed Fattah Neal Waters Walsh Lowey Regula eration of amendments has expired. Fields (LA) Oberstar Watt (NC) Wamp Lucas Richardson The question is on the amendment Filner Obey Williams Manton Riggs Ward Foglietta Olver Woolsey offered by the gentlewoman from Colo- Manzullo Rogers Watts (OK) Frank (MA) Owens Wyden rado [Mrs. SCHROEDER]. Martini Ros-Lehtinen Waxman Furse Pastor Yates Mascara Rose Weldon (FL) The question was taken; and the Goodlatte Payne (NJ) Zimmer Matsui Roth Weldon (PA) Chairman announced that the noes ap- Weller NOES—325 McCollum Roukema peared to have it. McCrery Sabo White Abercrombie Chenoweth Fowler Whitfield RECORDED VOTE McDade Salmon Ackerman Christensen Fox McHale Sanford Wicker Mrs. SCHROEDER. Mr. Chairman, I Allard Chrysler Franks (CT) McHugh Sawyer Wilson demand a recorded vote. Andrews Clement Franks (NJ) McInnis Saxton Wise The CHAIRMAN. Pursuant to the Archer Clinger Frelinghuysen McIntosh Scarborough Wolf Armey Clyburn Frisa McKeon Schaefer Wynn order of the House of Monday, July 31, Bachus Coburn Frost McNulty Schiff Young (AK) 1995, further proceedings on the amend- Baesler Coleman Funderburk Meek Schumer Young (FL) ment offered by the gentlewoman from Baker (CA) Collins (GA) Gallegly Menendez Scott Zeliff Baker (LA) Combest Ganske Colorado [Mrs. SCHROEDER] will be Ballenger Condit Gejdenson NOT VOTING—16 postponed. Barr Cox Gekas Bishop McKinney Sisisky Barrett (NE) Cramer Geren The Clerk will read the last two lines DeLauro Moakley Towns Bartlett Crane Gibbons Dingell Morella Tucker of the bill. Barton Crapo Gilchrest The Clerk read as follows: Fazio Reynolds Waldholtz Bass Cremeans Gillmor Gephardt Roberts ‘‘This Act may be cited as the Department Bateman Cubin Gilman Maloney Serrano of Defense Appropriations Act, 1996’’. Beilenson Cunningham Gonzalez Bentsen Davis Goodling b 1753 SEQUENTIAL VOTES POSTPONED IN COMMITTEE Bereuter de la Garza Gordon OF THE WHOLE Berman Deal Goss Mr. DOOLEY and Mr. MFUME The CHAIRMAN. Pursuant to the Bevill DeLay Graham changed their vote from ‘‘aye’’ to ‘‘no.’’ Bilbray Deutsch Greenwood order of the House of Monday, July 31, Bilirakis Diaz-Balart Gunderson Mr. COOLEY changed his vote from 1995, proceedings will now resume on Bliley Dickey Hall (OH) ‘‘no’’ to ‘‘aye.’’ those amendments on which further Blute Dicks Hall (TX) So the amendment was rejected. Boehlert Dixon Hamilton The result of the vote was announced proceedings were postponed, in the fol- Boehner Doggett Hancock lowing order: Amendment No. 9 offered Bonilla Dooley Hansen as above recorded. by the gentleman from Vermont [Mr. Bono Doolittle Harman PERSONAL EXPLANATION SANDERS]; amendment No. 43 offered by Borski Dornan Hastert Mrs. MEYERS of Kansas. Mr. Chair- Boucher Doyle Hastings (FL) the gentlewoman from Colorado [Mrs. Brewster Dreier Hastings (WA) man, on amendment No. 16 offered by SCHROEDER]. Browder Dunn Hayes Mr. SANDERS, rollcall No. 643, I The Chair will reduce to 5 minutes Brown (FL) Edwards Hayworth inadvertantly voted ‘‘yes.’’ I intended Brownback Ehlers Hefley the time for any electronic vote after Bryant (TN) Ehrlich Hefner to vote ‘‘no’’ on this amendment. I ask the first vote in this series. Bryant (TX) Emerson Heineman unanimous consent that this statement AMENDMENT OFFERED BY MR. SANDERS Bunn Engel Herger immediately follow the rollcall on this Bunning English Hilleary amendment. The CHAIRMAN. The pending busi- Burr Ensign Hobson ness is the demand for a recorded vote Burton Everett Hoekstra AMENDMENT OFFERED BY MRS. SCHROEDER on the amendment offered by the gen- Buyer Ewing Hoke The CHAIRMAN. The pending busi- Callahan Farr Holden tleman from Vermont [Mr. SANDERS] Calvert Fawell Horn ness is the demand for a recorded vote on which further proceedings were Canady Fields (TX) Hostettler on the amendment offered by the gen- postponed and on which the noes pre- Cardin Flake Houghton tlewoman from Colorado [Mrs. SCHROE- vailed by voice vote. Castle Flanagan Hoyer DER] on which further proceedings were Chabot Foley Hunter The Clerk will redesignate the Chambliss Forbes Hutchinson postponed and on which the noes pre- amendment. Chapman Ford Hyde vailed by voice vote. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8659 The Clerk will redesignate the Gallegly Laughlin Rose cludes nearly half a billion dollars to continue amendment. Ganske Lazio Roth Gejdenson Leach Royce production of the B±2 stealth bomber beyond The Clerk redesignated the amend- Gekas Lewis (CA) Rush the 20 planes that have already been author- ment. Geren Lewis (KY) Sabo ized. That's a half a billion dollars for a plane Gilchrest Lightfoot Salmon RECORDED VOTE that appears to have significant technical prob- Gillmor Linder Saxton The CHAIRMAN. A recorded vote has Gilman Livingston Scarborough lems, not the least of which is its inability to been demanded. Gonzalez LoBiondo Schaefer distinguish rain from other solid obstacles like Goodlatte Longley A recorded vote was ordered. Schiff mountains! The B±2 is a budget busting boon- Goodling Lucas Scott doggle that I hoped my colleagues would have The CHAIRMAN. This is a 5-minute Gordon Manzullo Seastrand vote. Goss Martini Sensenbrenner rejected by supporting the Kasich-Dellums- The vote was taken by electronic de- Graham Mascara Serrano Obey amendment to eliminate funding for ad- Greenwood McCollum Shadegg ditional Stealth bombers from the bill. vice, and there were—ayes 124, noes 296, Gunderson McCrery Shaw not voting 14, as follows: Gutknecht McDade Shuster This legislation includes $3.5 billion for bal- Hall (OH) McHale [Roll No. 644] Skeen listic missile defenseÐ$599 million more than Hall (TX) McHugh Skelton the budget requestÐand it shifts the priority AYES—124 Hamilton McInnis Smith (MI) Hancock McIntosh toward national missile defense, the star wars Ackerman Hoekstra Payne (NJ) Smith (NJ) Hansen McKeon program which invites violation of the 1972 Barcia Jackson-Lee Smith (TX) Payne (VA) Harman McNulty Barrett (WI) Jacobs Smith (WA) ABM Treaty. The bill provides $200 million Pelosi Hastert Metcalf Becerra Johnson (CT) Solomon Peterson (MN) Hastings (FL) Meyers more than the budget request for the F±22 Beilenson Johnson (SD) Souder Porter Hastings (WA) Mica fighter and an extra $250 million for the F±15. Bentsen Johnston Spence Poshard Hayes Miller (FL) Berman Kennedy (MA) Spratt A wide range of humanitarian, peacekeeping, Ramstad Hayworth Molinari Bonior Kildee Stearns environmental, and disaster relief programs Rangel Hefley Mollohan Brown (CA) Kleczka Stenholm Rivers Hefner Montgomery have been sacrificed in order to pay for these Brown (OH) Klug Stockman Roukema Heineman Moorhead added weapons procurement costs. In addi- Bryant (TX) LaFalce Stump Roybal-Allard Herger Moran Clay Lantos Talent tion, the bill eliminates the Technology Rein- Hilleary Murtha Clayton Levin Sanders Hobson Myers Tanner vestment Project and underfunds the Nunn- Clement Lewis (GA) Sanford Hoke Myrick Tate Lugar denuclearization program in the former Collins (IL) Lincoln Sawyer Holden Nethercutt Tauzin Collins (MI) Lipinski Schroeder Soviet Union. Time and again, this bill serves Horn Neumann Taylor (MS) Conyers Lofgren Schumer narrow special interests over the interests of Hostettler Norwood Taylor (NC) Coyne Lowey Shays Houghton Nussle Tejeda the American people. Danner Luther Skaggs Hoyer Ortiz Thomas DeFazio Manton Slaughter Mr. Speaker, we face many difficult choices Hunter Orton Thompson Dellums Markey this year, but the decision to oppose the De- Stark Hutchinson Oxley Thornberry Deutsch Martinez Stokes Hyde Packard Tiahrt fense Appropriations bill is not one of them. Doggett Matsui Studds Inglis Parker Torkildsen This legislation turns our national priorities up- Duncan McCarthy Stupak Istook Paxon Traficant Durbin McDermott side downÐspending billions on star wars Thornton Jefferson Peterson (FL) Visclosky Engel Meehan Thurman Johnson, E. B. Petri Vucanovich missile defense programs and stealth bombers English Meek Torres Johnson, Sam Pickett Walker the Pentagon doesn't want at the same time Eshoo Menendez Torricelli Jones Pombo Walsh Evans Mfume that education, Medicare, housing, and envi- Upton Kanjorski Pomeroy Wamp Farr Miller (CA) ronmental protection programs are being deci- Velazquez Kasich Portman Ward Fattah Mineta Vento Kelly Pryce Watts (OK) mated. We need to get our priorities in order. Fields (LA) Minge Kennedy (RI) Quillen Weldon (FL) I urge a no vote on the Defense appropria- Filner Mink Volkmer Kennelly Quinn Weldon (PA) Foglietta Nadler Waters tions bill. Kim Radanovich Weller Ford Neal Watt (NC) King Rahall White Mr. STOKES. Mr. Chairman, I rise in strong Frank (MA) Ney Waxman Kingston Reed Whitfield opposition to H.R. 2126, the Defense Appro- Furse Oberstar Williams Klink Regula Wicker Gibbons Obey Woolsey priations Act of 1995. While I am aware of the Knollenberg Richardson Wilson Green Olver Wyden Kolbe Riggs Wise current fashion in the Congress to increase Gutierrez Owens Wynn LaHood Roemer Wolf defense spending at the expense of our do- Hilliard Pallone Yates Largent Rogers Young (AK) Hinchey Pastor Zimmer mestic programs, I am also mindful of my duty Latham Rohrabacher Young (FL) as a Member of Congress to act in the best LaTourette Ros-Lehtinen Zeliff NOES—296 interest of the people I represent and in the Abercrombie Bunning Deal NOT VOTING—14 best interest of the U.S. Constitution I have Allard Burr DeLauro Bishop McKinney Sisisky Andrews Burton DeLay sworn to uphold. This shortsighted and rushed Dingell Moakley Towns legislation will not only try to resurrect cold Archer Buyer Diaz-Balart Gephardt Morella Tucker Armey Callahan Dickey Kaptur Reynolds Waldholtz war programs that are unnecessary and Bachus Calvert Dicks Maloney Roberts wasteful, but will endanger the delicate bal- Baesler Camp Dixon Baker (CA) Canady Dooley b 1801 ance of domestic and defense spending. Baker (LA) Cardin Doolittle The National Defense Authorization Act of Mr. ENGEL changed his vote from Baldacci Castle Dornan 1995 that we are considering here today is Ballenger Chabot Doyle ‘‘no’’ to ‘‘aye.’’ Barr Chambliss Dreier So the amendment was rejected. completely out of balance. This legislation au- Barrett (NE) Chapman Dunn The result of the vote was announced thorizes $7.8 billion more in funding than re- Bartlett Chenoweth Edwards quested by the administration and $2.5 billion Barton Christensen Ehlers as above recorded. Bass Chrysler Ehrlich Mr. VENTO. Mr. Chairman, the Defense ap- more than current spending levels. H.R. 2126 Bateman Clinger Emerson propriations bill for fiscal year 1996 dem- seeks to isolate the United States by restrict- Bereuter Clyburn Ensign onstrates misguided priorities of the new ma- ing America's role in peacekeeping operations, Bevill Coble Everett and misguidedly redirects $3.5 billion to a star Bilbray Coburn Ewing jority in the House. At the same time that bil- Bilirakis Coleman Fawell lions of dollars are slated to be slashed from wars missile defense system whose time Bliley Collins (GA) Fazio education, environmental protection, housing passed with the end of the cold war. This bill Blute Combest Fields (TX) also appropriates $493 million more than re- Boehlert Condit Flake assistance, job training and other needed fam- Boehner Cooley Flanagan ily programs, the Republican leadership brings quested by the military for the B±2 Stealth Bonilla Costello Foley to the floor a Defense appropriations bill that bomber. H.R. 2126 impinges on the Presi- Bono Cox Forbes spends nearly 8 billion dollars more than the dent's constitutional authority by eliminating Borski Cramer Fowler $65 million requested by the administration for Boucher Crane Fox Pentagon requested for the coming year 1996. Brewster Crapo Franks (CT) In fact, the Defense appropriations bill not United Nations peacekeeping, and $180 mil- Browder Cremeans Franks (NJ) only includes billions in extra Pentagon fund- lion less than requested for aid to the former Brown (FL) Cubin Frelinghuysen ing, it adds money for weapons and programs Soviet Union. Brownback Cunningham Frisa Bryant (TN) Davis Frost that top Defense officials have stated they do It would be an abdication of congressional Bunn de la Garza Funderburk not want or need. For example, the bill in- responsibility to support this legislation at the H 8660 CONGRESSIONAL RECORD — HOUSE September 7, 1995 expense of our most important efforts to im- bills that will gut the chances for many Ameri- on short runways. However, short runways are prove the quality of life for all Americans. cans to live the American dream. frequently not thick enough to support the Mr. Chairman, there is no doubt that our A review of the Republican plan to slash do- plane since its weight is distributed on too few military is by far among the world's best. This mestic discretionary programs reveal that tires. This fundamental flaw was evident in the was demonstrated by our leadership of inter- many programs serving the most needy will be recently completed reliability, maintainability, national forces during the war in the gulf. Over cut. One need only review the VA-HUD and and availability evaluation when one runway the past 20 years, our military has undergone Labor HHS appropriations bill for fiscal year that was chosen for use during this test had a massive undertaking to build a defense in- 1996 to see that it cuts education programs by to be rejected because of the damage to the frastructure which has allowed us to effectively 17 percent, Head Start by 4 percent, the Envi- surface that would have been caused. provide an international show of strength. ronmental Protection Agency by 32 percent, It is time to cut our losses and admit that While I believe that we must maintain a and housing for the poor by 26 percent. This the C±17 is simply too expensive. Taxpayers strong military presence in an era of low inten- mis-direction of funds would greatly harm the would be interested to know that if we were to sity global conflicts, I am an avid believer that American people, the strength of our Nation's buy planes we already know how to build such a healthy balance must be reached between defense and the future of our Nation. as 747's or C±5's instead of C±17's, we would domestic and defense spending. The impor- Mr. Chairman, in closing, I would like to say get more airlift sooner and save $15 billion. A tance of striking this balance is especially true that while the pursuit of peace is a noble and recent Wall Street Journal analysis gave this in light of recent world events such as the end necessary objective, it is no easy taskÐespe- four-word assessment of 747's compared to of the cold war. Because of these changes in cially when certain Members of Congress are other transport planes: ``Highest capacity, low- world politics, the United States is faced with determined to promote antiquated notions left est price.'' an unprecedented opportunity to redirect funds over from the cold war. This legislation clearly I believe that soon we will be forced to bow to relieve problems here at home. reflects the new majority's desire to sacrifice to economic reality and stop buying this gold- Contrary to the arguments that have been the domestic interests of the American people plated cold war relic. In the meantime, my made by the supporters of H.R. 2126, Presi- in pursuit of isolationism and star wars. I urge amendment prevents us from throwing money dent Clinton has proposed a budget that rea- my colleagues to uphold our Constitution, pro- at the plane that cannot be used, even in sce- sonably addresses the defense and domestic tect the American people, and vote down this narios proposed by its most optimistic cheer- needs of this Nation. President Clinton's fiscal bill. leaders. year 1996 defense budget, which is strongly Ms. FURSE. Mr. Chairman, I was pleased I appreciate the foresight, leadership, and supported by the Pentagon, has two key initia- that Chairman YOUNG and Ranking Member cooperation of the leadership of the Appropria- tives: enhancement of military readiness, and MURTHA accepted my amendment reducing tions National Security Subcommittee in work- improvement of quality of life for our men and the account initial spares and repair parts by ing with me to make this needed cut of $22 women in uniform and their families. $22 million. million. The ironic truth about H.R. 2126 is that it This was a very reasonable reduction. In its Mr. DICKS. Mr. Chairman, I respectfully will actually weaken our national defense. The fiscal year 1996 request, the Department of submit the following B±2 proclamation for the bill before us today appropriates a staggering Defense asked for $118 million for spare RECORD. $3.5 billion for an unnecessary star wars bal- parts. Since then, the Air Force has told us B–2 PROCLAMATION—JULY 26, 1996 listic missile defense system. Because of this that the requirement for 120 C±17's is only Whereas, we the National Aerospace and massive diversion of defense dollars to a star $96 millionÐa difference of $22 million. Defense Workforce Coalition recognize that wars missile defense system, more legitimate The Milestone III Defense Acquisition Board the present and future of America’s aero- funding goals outlined in the President's budg- [DAB] Integrated Airlift Force Decision is space and defense industrial base depends on et will be undermined. This provision of the bill planned for this November. Ever since the public and private investment in new tech- will also result in a clear violation of the 1972 Deputy Secretary of Defense put the C±17 nologies, as well as education and training Anti-Ballistic Missile [ABM] Treaty. program on probation in late 1993, the Air programs geared toward the jobs of tomor- Mr. Chairman, I have always been in favor Force has consistently told us that this DAB row; of a balanced approach to our domestic and Whereas, the aerospace industry has pro- decision will choose a number of C±17's vided American workers with economic and foreign affairs interests, and the Constitution's somewhere between 40 and 120. social mobility and whose income has added separation of powers. H.R. 2126 is out of bal- Giving the Air Force money for C±17 spares to this country’s tax base; ance and undermines the presidential power and repair parts for a number of planes be- Whereas, growth in our nation’s techno- to shape our foreign policy. This legislation yond 120 would be a waste of money. DOD logical capabilities rests on ensuring a suffi- greatly restricts the United States ability to has higher priorities, and certainly the Amer- cient and stable defense budget, as well as an participate in United Nations multilateral ican taxpayers do. Frankly, in a program that's industrial climate that promotes a healthy peacekeeping operations. This congressional experienced as many problems as the C±17 aerospace and defense industry; restriction of presidential authority is contrary Whereas, a declining defense budget has has, I wasn't surprised to find additional waste undermined our industrial base as well as to the principle of separation of powers and such as this. our manufacturing infrastructure; the clear language of the Constitution. The I would prefer that we only provide funding Whereas, America still maintains superi- Constitution permits the President as Com- for spare parts for 40 C±17's at this time. Buy- ority in stealth technology that is so essen- mander in Chief of the U.S. Armed Forces the ing spares now for 120 C±17's prejudges the tial in preserving our national security; power to place U.S. forces under the oper- DAB decision. I have refrained from prejudg- Whereas, the National Aerospace and De- ational control of other nations' military leaders ing the DAB in my amendments to both the fense Workforce Coalition is tired of public for United Nations operations. defense authorization and the defense appro- policy makers apologizing for supporting Mr. Chairman, I think it is important for me priation and I believe it would be a more re- programs that provide American jobs while to point out that under the current congres- protecting our industrial base and providing sponsible approach if the C±17's supporters for the common defense; sional leadership, U.S. policy has taken a di- do so as well. Therefore, be it resolved that the preserva- rection that will adversely affect the essence If the November DAB decision is for fewer tion of America’s economic and national se- of each and every one of our lives. The major- than 120 C±17's and I fully expect it to be, I curity ultimately rests on our commitment ity party's plan ignores quality of human life would expect the level of funding in this spare to maintaining an industrial base in the questions, and in order to finance additional parts account to be reduced commensurately. stealth arena. America cannot afford to lose military spending, we have been expected My $22 million cut that was adopted by the the unique B–2 stealth production team. A time and time again to sacrifice already sub- House is also included in the defense author- low rate of continued production of this air- stantially depleted health, housing, education, ization approved by the Senate earlier this craft is definitely in the national interest. week. I will work to ensure it remains in both and employment budgets. NATIONAL AEROSPACE AND DEFENSE As opposed to spending billions of dollars to the defense authorization and appropriation WORKFORCE COALITION—JULY 1995 immunize American children, revitalize our conference bills. B–2 PROCLAMATION urban centers, provide jobs to the jobless or The American taxpayers have already spent Catherine J. Vezzetti, Executive Director. homes for the homeless, this bill seeks to di- almost $18 billion on the C±17 and only 21 Ed Olson, President, Southern California vert funds from these essential services to have been delivered. The plane was designed Professional Engineering Association, West- fund star wars and other unworkable initia- to meet a cold war threat that no longer exists minster, California. tives. H.R. 2126 is an essential part of the Re- and to accommodate battle plans that have Mike Hall, President, UAW Local 848, publican strategy to force through a series of since changed. The C±17 is designed to land Grand Prairie, Texas. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8661 Harold J. Ammond, Executive Director, be diagnosed with and will die from breast An amendment striking sections 8021 Association of Scientists & Professional En- cancer this year. While we are beginning to and 8024 is considered as adopted. gineering Personal, Mt. Laurel, New Jersey. make progress in understanding the disease, Pursuant to House Resolution 205, is Charles H. Bofferding III, Executive Direc- a separate vote demanded on any other tor, Seattle Professional Engineering, Em- we have yet to learn how it is caused, how it ployees Association, Seattle, Washington. is cured, and what means there are for pre- amendment? Bob Duncan, Chairman, Council of Engi- vention. Our fight cannot stop now. Mr. SKAGGS. Mr. Speaker, I demand neers & Scientists Organizations, West- With the increase in the number of women a separate vote on the so-called minster, California. in the military, the need to address their health Schroeder amendment number 85. Wayne Blawat, Chairman—Technicians, concerns, as well as those of women depend- The SPEAKER pro tempore. Is a sep- Steve Skattebo, Chairman Engineers. ents of military personnel, continues to grow. arate vote demanded on any other Leon M. Rapant, Committeeman. The Department of the Army's program has amendment? If not, the Chair will put Al Zdrojewski, Labor/Management Coordi- nator, Local 92 International Federation of proved to be both efficient and effective, at- them en gros. Professional & Technical Engineers, Cudahy, tracting more than 3,000 new proposals in the The amendments were agreed to. Wisconsin. field of breast cancer research since the allo- The SPEAKER pro tempore. The Frank Souza, President, UAW Local 887, cation of funding in fiscal year 1992. As a re- Clerk will report amendment on which Paramount, California. sult, 460 of the most innovative proposals a separate vote has been demanded. Dale Herron, President, Engineers & Sci- have received funding. The Clerk read as follows: entists Guild, Palmadale, California. As there is still much research to be done, Amendment: Page 94, after line 3, insert Joseph Smarrella, Treasurer, United Steel- it is essential that this program continue. On the following: workers of America, District 1, Local 1190, SEC. 8107. (a) LIMITATIONS ON THE USE OF Steubenville, Ohio. behalf of the 2.6 million women with breast FEDERAL FUNDS BY CONTRACTORS FOR POLITI- Paul Almelda, National President, Inter- cancer, I thank the subcommittee for contin- CAL ADVOCACY.—None of the funds made national Federation of Professional & Tech- ued funding for breast cancer research and available by this Act may be used by any nical Engineers, Silver Spring, Maryland. encourage my colleagues to support this es- Federal contractor for an activity when it is Captain Duane E. Woerth, First Vice Presi- sential program. made known to the Federal official having dent, Air Line Pilots Association, Washing- Mrs. COLLINS of Illinois. Mr. Chairman, I authority to obligate or expend such funds ton, D.C. rise in strong support of the amendment being Bill Boetger, IAM Business Rept, District that the activity is any of the following: offered today by my colleague, Representative (1) Carrying on propaganda, or otherwise Lodge 725, Area 2, Ontario, California. Thelma Franklin, IAM President, Local ROSA DELAURO. Her amendment would en- attempting to influence Federal, State, or 821, Ontario, California. sure that U.S. servicewomen and military de- local legislation or agency action, including Doug Burrell, President, UAW Local 1921 pendents stationed overseas have access to any of the following: New Orleans, Louisiana. safe, quality health care services. (A) Monetary or in-kind contributions, en- dorsements, publicity, or similarly activity. Ed Willis, President, UAW Local 647, An amendment being offered today by Con- Evendale, Ohio. (B) Any attempt to influence any legisla- gressman BOB DORNAN would prevent Amer- tion or agency action through an attempt to Frank Gyarmethy, President, UAW Local ican servicewomen from exercising their legal 1666, Kalamazoo, Michigan. affect the opinions of the general public or Allen Holl, President, IAM & AW, LL 2020, right to an abortion. This would single out any segment thereof, including any commu- Wichita, Kansas. women who serve in the military overseas for nication between the contractor and an em- Harold Landry, Business Manager Local 3, a specific, unfair restriction by prohibiting over- ployee of the contractor to directly encour- International Federation of Professional & seas Department of Defense military facilities age such employee to urge persons other Technical Engineers, Philadelphia, Penn- from providing privately funded abortions. than employees to engage in such an at- sylvania. Mr. Chairman, American women have the tempt. Gary Eder, President, Salaried Employees (C) Any attempt to influence any legisla- right to obtain abortions in this country. tion or agency action through communica- Association, Hanover, Maryland. Shouldn't American military women who are Tony Forte, President, UAW Local 1059, tion with any member or employee of a leg- Eddystone, Pennsylvania. serving this country overseas have this same islative body or agency, or with any govern- Gary Hawkins, President, UAW Local 128, right? Especially if they pay for the abortion ment official or employee who may partici- Troy, Ohio. with their own money? To establish such a pate in the formulation of the legislation or Jeffrey D. Manska, President, Local 92, ban is grossly unfair and unjustifiable. agency action, including any communication International Federation of Professional & Without the DeLauro amendment, H.R. between the contractor and an employee of Technical Engineers, Cudshy, Wisconsin. 2126 could drive women into desperate situa- the contractor to directly encourage such Michael J. Gavin, President, Lodge 1509. employee to engage in such an attempt or to tions in which they would have to seek abor- urge persons other than employees to engage Frank Bunek, Committeeman, Black- tions from unsafe or unsanitary hospitals in smith, Cudshy, Wisconsin. in such an attempt. Francis J. Owen, Committeeman, Local foreign countries. Clearly, a pregnant woman (2) Participating or intervening in (includ- 663, International Brotherhood of Electrical is the one and only person who knows what ing the publishing or distributing of state- Workers, Cudshy, Wisconsin. is best for her, and she, in consultation with ments) any political campaign on behalf of Anton Milewski, Vice President. her family, doctor, and/or clergy, is the one (or in opposition to) any candidate for public William Gregson, Committeeman, Local who should make decisions affecting her office, including monetary or in-kind con- 140, International Association of Machinists, body, her health, and her life. tributions, endorsements, publicity, or simi- Die Sinkers, Cudahy, Wisconsin. I strongly support the DeLauro amendment lar activity. Michael J. Yokofich, President, Local 1862. (3) Participating in any judicial litigation and urge my colleagues to do the same. or agency proceeding (including as an ami- Gerald Svicek, Chairman, Local 1862, Inter- The CHAIRMAN. Under the rule, the national Association of Machinists, Cudahy, cus curiae) in which agents or instrumental- Wisconsin. Committee rises. ities of Federal, State, or local governments Sandra L. Paradowski, Vice President, Accordingly, the Committee rose; are parties, other than litigation in which Local 85, Office of Professional Employees and the Speaker pro tempore [Mr. the contractor or potential contractor is a International Union Cudahy, Wisconsin. LAHOOD] having assumed the chair, Mr. defendant appearing in its own behalf; is de- Mr. LAZIO of New York. Mr. Chairman, I SENSENBRENNER, Chairman of the Com- fending its tax-exempt status; or is challeng- rise today in support of the Department of the mittee of the Whole House on the State ing a government decision or action directed of the Union, reported that that Com- specifically at the powers, rights, or duties Army's breast cancer research program which of that contractor or potential contractor. was included in this bill, the fiscal year 1996 mittee, having had under consideration (4) Allocating, disbursing, or contributing Defense Appropriations Act. Thanks to the the bill (H.R. 2126) making appropria- any funds or in-kind support to any individ- leadership of Defense Appropriations Sub- tions for the Department of Defense for ual, entity, or organization whose expendi- committee Chairman BILL YOUNG and his col- the fiscal year ending September 30, tures for political advocacy for the previous leagues, H.R. 2126 provides $100 million to 1996, and for other purposes, pursuant Federal fiscal year exceeded 15 percent of its continue that important work. I was pleased to House Resolution 205, he reported total expenditures for that Federal fiscal the subcommittee was able to honor the re- the bill back to the House with sundry year. (b) LIMITATIONS ON USE OF FEDERAL FUNDS quest that we in the New York delegation amendments adopted by the Commit- TO AWARD CONTRACTS.—None of the funds made for this vital research. tee of the Whole. made available by this Act may be used to There is no question about the seriousness The SPEAKER pro tempore. Under award a contract when it is made known to of this disease; 2.6 million women are living the rule, the previous question is or- the Federal official having authority to obli- with breast cancer today. Thousands more will dered. gate or expend such funds that— H 8662 CONGRESSIONAL RECORD — HOUSE September 7, 1995 (1) the expenditures of the potential con- [Roll No. 645] Hobson Menendez Shuster tractor (other than an individual person) for Hoke Mica Skaggs AYES—182 activities described in subsection (a) for any Horn Miller (CA) Skeen Abercrombie Frisa Nethercutt Hostettler Mineta Skelton one of the previous five Federal fiscal years Houghton Minge (excluding any fiscal year before 1996) ex- Ackerman Furse Neumann Smith (MI) Barcia Ganske Hoyer Mollohan Smith (NJ) ceeded the sum of— Ney Barrett (WI) Gephardt Hunter Montgomery Smith (TX) (A) the first $20,000,000 of the difference be- Oberstar Becerra Geren Obey Hyde Moorhead Solomon Inglis Moran tween the potential contractor’s total ex- Beilenson Gibbons Olver Souder Istook Murtha penditures made in the fiscal year and the Bilbray Gilchrest Orton Spence Jackson-Lee Myers total amount of Federal contracts and Bilirakis Gillmor Owens Spratt Jefferson Myrick grants it was awarded in that fiscal year, Blute Gilman Payne (NJ) Johnson (CT) Nadler Stearns Borski Goodling Pelosi multiplied by .05; and Johnson (SD) Neal Stenholm (B) the remainder of the difference cal- Boucher Gordon Petri Stump Brewster Goss Johnson, E.B. Norwood culated in subparagraph (A), multiplied, by Porter Talent Brown (CA) Greenwood Johnson, Sam Nussle Poshard Tanner .01; Brown (FL) Gutierrez Jones Ortiz Pryce Tauzin (2) the potential contractor has used funds Brown (OH) Gutknecht Kaptur Oxley Rahall Taylor (MS) from any Federal contract to purchase or se- Brownback Hall (TX) Kennedy (RI) Packard Ramstad Kennelly Pallone Taylor (NC) cure any goods or services (including dues Burr Hastert Rangel and membership fees) from any other indi- Camp Heineman Kim Parker Tejeda Reed King Pastor Thomas vidual, entity, or organization whose expend- Castle Hilleary Regula Chabot Hinchey Kingston Paxon Thompson itures for activities described in subsection Riggs Chenoweth Hoekstra Knollenberg Payne (VA) Thornberry Rohrabacher (a) for fiscal year 1995 exceeded 15 percent of Christensen Holden LaHood Peterson (FL) Tiahrt Roukema its total expenditures for that Federal fiscal Clay Hutchinson LaTourette Peterson (MN) Torkildsen Roybal-Allard year; or Clement Jacobs Laughlin Pickett Torres Royce (3) the potential contractor has used funds Coble Johnston Levin Pombo Torricelli Rush Coburn Kanjorski Lewis (CA) Pomeroy Visclosky from any Federal contract for a purpose Salmon Collins (IL) Kasich Lewis (KY) Portman Vucanovich (other than to purchase or secure goods or Sanders Collins (MI) Kelly Lightfoot Quillen Walker services) that was not specifically permitted Sanford Combest Kennedy (MA) Linder Quinn Walsh by Congress in the law authorizing the con- Scarborough Livingston Richardson Condit Kildee Wamp tract. Schroeder Lofgren Rivers Conyers Kleczka Ward (c) EXCEPTIONS.—The activities described Schumer Lucas Roemer Costello Klink Watt (NC) in subsection (a) do not include any activity Coyne Klug Seastrand Martinez Rogers Sensenbrenner Matsui Ros-Lehtinen Watts (OK) when it is made known to the Federal offi- Cremeans Kolbe Waxman cial having authority to obligate or expend Cubin LaFalce Shaw McCollum Rose Shays McCrery Roth Weldon (PA) such funds that the activity is any of the fol- Danner Lantos White Dellums Largent Slaughter McDade Sabo lowing: Wicker Dickey Latham Smith (WA) McHale Sawyer (1) Making available the results of non- Williams Doggett Lazio Stark McHugh Saxton Wilson partisan analysis, study, research, or debate. Doyle Leach Stockman McInnis Schaefer (2) Providing technical advice or assistance Duncan Lewis (GA) Stokes McIntosh Schiff Wolf (where such advice would otherwise con- Dunn Lincoln Studds McKeon Scott Yates stitute the influencing of legislation or agen- Durbin Lipinski Stupak McNulty Serrano Young (AK) cy action) to a government body or to a com- Ehlers LoBiondo Tate Meek Shadegg Young (FL) mittee or other subdivision thereof in re- Engel Longley Thornton Thurman NOT VOTING—14 sponse to a written request by such body or English Lowey Traficant Bishop Moakley Sisisky subdivision, as the case may be. Ensign Luther Evans Manton Upton DeFazio Morella Towns (3) Communications between a contractor Farr Manzullo Velazquez Dingell Radanovich Tucker and its employees with respect to legisla- Fattah Markey Vento Maloney Reynolds Waldholtz tion, proposed legislation, agency action, or Fawell Martini Volkmer McKinney Roberts proposed agency action of direct interest to Fields (LA) Mascara Waters the contractor and such employees, other Filner McCarthy Weldon (FL) b 1824 Weller than communications described in subpara- Flake McDermott Mr. YATES and Mr. TORRES graph (C). Foglietta Meehan Whitfield Wise changed their vote from ‘‘aye’’ to ‘‘no.’’ (4) Any communication with a govern- Foley Metcalf Forbes Meyers Woolsey mental official or employee, other than— Messrs. HUTCHINSON, WELLER, Ford Mfume Wyden FOX of Pennsylvania, HASTERT, (A) a communication with a member or Fox Miller (FL) Wynn employee of a legislative body or agency Frank (MA) Mink Zeliff BILBRAY, CHRISTENSEN, (where such communication would otherwise Franks (NJ) Molinari Zimmer WHITFIELD, GOSS, CREMEANS, constitute the influencing of legislation or ORTON, HILLEARY, HEINEMAN, NOES—238 agency action); or FRISA, GILLMOR, SALMON, BLUTE, (B) a communication the principal purpose Allard Callahan Emerson LARGENT, and ENGLISH of Penn- of which is to influence legislation or agency Andrews Calvert Eshoo action. Archer Canady Everett sylvania changed their vote from ‘‘no’’ (5) Official communication by employees of Armey Cardin Ewing to ‘‘aye.’’ State or local governments, or by organiza- Bachus Chambliss Fazio So the amendment was rejected. tions whose membership consists exclusively Baesler Chapman Fields (TX) Baker (CA) Chrysler Flanagan The result of the vote was announced of State or local governments. Baker (LA) Clayton Fowler as above recorded. Mr. SKAGGS (during the reading). Baldacci Clinger Franks (CT) f Mr. Speaker, I ask unanimous consent Ballenger Clyburn Frelinghuysen that the amendment be considered as Barr Coleman Frost Barrett (NE) Collins (GA) Funderburk PERSONAL EXPLANATION read and printed in the RECORD. Bartlett Cooley Gallegly Mr. DEFAZIO. Mr. Speaker, I missed The SPEAKER pro tempore. Is there Barton Cox Gejdenson objection to the request of the gen- Bass Cramer Gekas rollcall 645. I was unavoidably de- tleman from Colorado? Bateman Crane Gonzalez tained, and had I been present, I would Bentsen Crapo Goodlatte have voted ‘‘aye.’’ There was no objection. Bereuter Cunningham Graham The SPEAKER pro tempore. The Berman Davis Green The SPEAKER pro tempore (Mr. question is on the amendment. Bevill de la Garza Gunderson LAHOOD). The question is on the en- The question was taken; and the Bliley Deal Hall (OH) grossment and third reading of the bill. Boehlert DeLauro Hamilton The bill was ordered to be engrossed Speaker pro tempore announced that Boehner DeLay Hancock the ayes appeared to have it. Bonilla Deutsch Hansen and read a third time, and was read the RECORDED VOTE Bonior Diaz-Balart Harman third time. Bono Dicks Hastings (FL) MOTION TO RECOMMIT OFFERED BY MR. OBEY Mr. SKAGGS. Mr. Speaker, I demand Browder Dixon Hastings (WA) a recorded vote. Bryant (TN) Dooley Hayes Mr. OBEY. Mr. Speaker, I offer a mo- A recorded vote was ordered. Bryant (TX) Doolittle Hayworth tion to recommit. The vote was taken by electronic de- Bunn Dornan Hefley The SPEAKER pro tempore. Is the Bunning Dreier Hefner vice, and there were—ayes 182, noes 238, Burton Edwards Herger gentleman opposed to the bill? not voting 14, as follows: Buyer Ehrlich Hilliard Mr. OBEY. Yes, I am, Mr. Speaker. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8663 The SPEAKER pro tempore. The House, I report the bill H.R. 2126 back Montgomery Ros-Lehtinen Taylor (MS) Moorhead Rose Taylor (NC) Clerk will report the motion to recom- to the House with an amendment. Moran Royce Tejeda mit. The SPEAKER pro tempore (Mr. Murtha Salmon Thomas The Clerk read as follows: LAHOOD). The Clerk will report the Myers Sanford Thompson Mr. Obey moves that the bill H.R. 2126 be amendment. Myrick Saxton Thornberry Nethercutt Scarborough Thornton recommitted to the Committee on Appro- The Clerk read as follows: Neumann Schaefer Thurman priations with instruction to report the bill Amendment: by Mr. YOUNG of Florida on Ney Schiff Tiahrt back to the House forthwith, with the fol- page 77, line 8, strike ‘‘$250,000’’ and insert Norwood Scott Torkildsen lowing amendment: Nussle Seastrand Torres On page 77, line 8, strike ‘‘$250,000’’ and in- ‘‘$200,000’’. Ortiz Shadegg Traficant sert ‘‘$200,000’’. The amendment was agreed to. Oxley Shaw Visclosky Packard Shuster Vucanovich The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The Parker Skeen Walker tleman from Wisconsin [Mr. OBEY] is question is on the engrossment and Paxon Skelton Walsh recognized for 5 minutes. third reading of the bill. Payne (VA) Smith (MI) Wamp Peterson (FL) Smith (NJ) Ward Mr. OBEY. Mr. Speaker, section 8077 The bill was ordered to be engrossed Pickett Smith (TX) Waters of this bill reads as follows: and read a third time, and was read the Pombo Smith (WA) Watts (OK) None of the funds provided in this Act may third time. Pomeroy Solomon Weldon (FL) be obligated for payment on new contracts The SPEAKER pro tempore. The Porter Souder Weldon (PA) on which allowable costs charged to the gov- Portman Spence Weller question is on the passage of the bill. Pryce Spratt White ernment include payments for individual Pursuant to clause 7, rule XV, the Quillen Stearns Whitfield compensation at a rate in excess of $250,000 yeas and nays are ordered. Quinn Stenholm Wicker per year. Radanovich Stockman Wilson The vote was taken by electronic de- This recommittal motion simply re- Regula Stump Wolf vice and there were—yeas 294, nays 125, Richardson Talent Wynn duces that $250,000 salary level to not voting 15, as follows: Roberts Tanner Young (AK) $200,000. In essence what it says is that Rogers Tate Young (FL) if any defense contractor wants to pay [Roll No.646] Rohrabacher Tauzin Zeliff YEAS—294 any individual a salary in excess of NAYS—125 that paid to the President of the Unit- Abercrombie Diaz-Balart Hoke Ackerman Ganske Peterson (MN) ed States, they cannot do it with tax- Allard Dickey Holden Archer Dicks Horn Andrews Gordon Petri payer funds through contracting, they Armey Dixon Hostettler Baldacci Gutierrez Poshard have to do it out of their own corporate Bachus Dooley Houghton Barrett (WI) Hilliard Rahall profits. Baesler Doolittle Hoyer Beilenson Hinchey Ramstad Baker (CA) Dornan Hunter Berman Hoekstra Rangel When you take a look at the total Baker (LA) Dreier Hutchinson Bonior Jackson-Lee Reed compensation provided to the CEO’s of Ballenger Duncan Hyde Borski Johnson (SD) Riggs some of these corporations, you see one Barcia Edwards Inglis Brown (CA) Johnston Rivers Brown (FL) Kanjorski being paid $7,287,000, one being paid Barr Ehrlich Istook Roemer Barrett (NE) Emerson Jacobs Brown (OH) Kleczka Roth $5,827,000, another $3,596,000, another Bartlett English Johnson (CT) Bryant (TX) Klug Roukema $3,538,000, and so on and so forth. Barton Ensign Johnson, E. B. Camp LaFalce Roybal-Allard I would simply ask one question. Who Bass Eshoo Johnson, Sam Cardin Lantos Rush Bateman Everett Jones Chenoweth Levin Sabo do these people think they are, that Clay Lewis (GA) Bentsen Ewing Kaptur Sanders Clayton Lincoln they think that they are entitled to be Bereuter Farr Kasich Sawyer Collins (IL) Lofgren compensated at a rate higher than the Bevill Fawell Kelly Schroeder Collins (MI) Lowey Bilbray Fazio Kennedy (MA) Schumer level of the President of the United Conyers Luther Bilirakis Fields (TX) Kennedy (RI) Sensenbrenner States? Bliley Flanagan Kennelly Cooley Markey Costello Martinez Serrano It seems to me that if we are asked Blute Foley Kildee Shays to buy downsizing of the military budg- Boehlert Forbes Kim Coyne Martini Crapo Mascara Skaggs et, if we are asked to buy downsizing of Boehner Ford King Slaughter Bonilla Fowler Kingston Danner McCarthy corporations in general, we ought to DeFazio McDermott Stark Bono Fox Klink Stokes Boucher Franks (CT) Knollenberg Dellums Meehan also be taking a look at downsizing Studds Brewster Frelinghuysen Kolbe Deutsch Menendez these outrageously high salaries paid Stupak Browder Frisa LaHood Doggett Mfume Torricelli to these corporate executives. Brownback Frost Largent Doyle Miller (CA) Upton All this does is say that you cannot Bryant (TN) Funderburk Latham Durbin Minge Velazquez compensate any of these corporations Bunn Gallegly LaTourette Ehlers Nadler Engel Neal Vento for any salary in excess of the salary Bunning Gejdenson Laughlin Burr Gekas Lazio Evans Oberstar Volkmer paid to the President of the United Burton Gephardt Leach Fattah Obey Watt (NC) States. Buyer Geren Lewis (CA) Fields (LA) Olver Waxman Callahan Gibbons Lewis (KY) Filner Orton Williams Mr. YOUNG of Florida. Mr. Speaker, Flake Owens Wise will the gentleman yield? Calvert Gilchrest Lightfoot Canady Gillmor Linder Foglietta Pallone Woolsey Mr. OBEY. I yield to the gentleman Castle Gilman Lipinski Frank (MA) Pastor Wyden from Florida. Chabot Gonzalez Livingston Franks (NJ) Payne (NJ) Yates Mr. YOUNG of Florida. Mr. Speaker, Chambliss Goodlatte LoBiondo Furse Pelosi Zimmer Chapman Goss Longley I would like to say to the gentleman Christensen Graham Lucas NOT VOTING—15 that we are very aware of this issue Chrysler Green Manton Becerra Jefferson Reynolds and it makes a minor change. We are Clement Greenwood Manzullo Bishop Maloney Sisisky proposed to accept the gentleman’s mo- Clinger Gunderson Matsui Dingell McKinney Towns Clyburn Gutknecht McCollum Dunn Moakley Tucker tion to recommit. Coble Hall (OH) McCrery Goodling Morella Waldholtz Mr. OBEY. I thank the gentleman. Coburn Hall (TX) McDade The SPEAKER pro tempore. Without Coleman Hamilton McHale b 1847 objection, the previous question is or- Collins (GA) Hancock McHugh Combest Hansen McInnis Clerk announced the following pair dered on the motion to recommit. Condit Harman McIntosh There was no objection. Cox Hastert McKeon on this vote: The SPEAKER pro tempore. The Cramer Hastings (FL) McNulty Mrs. Waldholtz for, with Mrs. Maloney Crane Hastings (WA) Meek against. question is on the motion to recommit. Cremeans Hayes Metcalf The motion to recommit was agreed Cubin Hayworth Meyers So the bill was passed. to. Cunningham Hefley Mica Davis Hefner Miller (FL) The result of the vote was announced b 1830 de la Garza Heineman Mineta as above recorded. Deal Herger Mink Mr. YOUNG of Florida. Mr. Speaker, DeLauro Hilleary Molinari A motion to reconsider was laid on pursuant to the instruction of the DeLay Hobson Mollohan the table. H 8664 CONGRESSIONAL RECORD — HOUSE September 7, 1995 AUTHORIZING THE CLERK TO ANNOUNCEMENT ON AMENDMENT APPOINTMENT OF CONFEREES ON MAKE CORRECTIONS IN EN- PROCESS FOR THE INTEL- H.R. 1905, ENERGY AND WATER GROSSMENT OF H.R. 2126, DE- LIGENCE AUTHORIZATION ACT, DEVELOPMENT APPROPRIATIONS PARTMENT OF DEFENSE APPRO- THE FEDERAL ACQUISITION RE- ACT, 1996 PRIATIONS ACT, 1996 FORM ACT, AND THE DEFICIT Mr. MYERS of Indiana. Mr. Speaker, REDUCTION LOCKBOX ACT I ask unanimous consent to take from Mr. YOUNG of Florida. Mr. Speaker, the Speaker’s table the bill (H.R. 1905) I ask unanimous consent that in the (Mr. GOSS asked and was given per- making appropriations for energy and engrossment of H.R. 2126 the clerk be mission to address the House for 1 minute and to revise and extend his re- water development for the fiscal year authorized to correct section numbers, marks.) ending September 30, 1996, and for punctuation, cross references, and to Mr. GOSS. Mr. Speaker, the rule that other purposes, with Senate amend- make other conforming changes as ments thereto, disagree with the Sen- may be necessary to reflect the actions I have just filed on the Intelligence Au- thorization Act includes a requirement ate amendments, and agree to the con- of the House today. that amendments be printed in the ference asked by the Senate. The SPEAKER pro tempore (Mr. CONGRESSIONAL RECORD before they are The SPEAKER pro tempore. Is there LAHOOD). Is there objection to the re- offered on the floor. objection to the request of the gen- quest of the gentleman from Florida? Since it is possible that the House tleman from Indiana? There was no objection. There was no objection. could take up this matter as soon as next Tuesday, and the House is not MOTION TO INSTRUCT OFFERED BY MR. BEVILL f planning to be in session on Monday, it Mr. BEVILL. Mr. Speaker, I offer a means that Members desiring to offer motion to instruct conferees. HOUR OF MEETING ON TOMORROW amendments to this bill should submit The Clerk read as follows: Mr. GOSS. Mr. Speaker, I ask unani- their amendments for printing in the Mr. BEVILL moves that in resolving dif- CONGRESSIONAL RECORD tomorrow. ferences between the House and Senate with mous consent that when the House ad- regard to projects and programs of the U.S. Chairman SOLOMON already put Mem- journs today, it adjourn to meet at 9 Army Corps of Engineers, the managers on a.m., tomorrow morning, September 8, bers on notice yesterday by a floor an- the part of the House, at the conference on 1995. nouncement and a ‘‘Dear Colleague’’ the disagreeing votes of the two Houses on letter to each Member that a pre-print- the bill H.R. 1905, be instructed to select The SPEAKER pro tempore. Is there ing requirement was likely on this bill. projects and programs within the scope of objection to the request of the gen- This announcement is just intended the conference with without regard to the tleman from Florida? as a reminder not to wait too late. proposal of the Administration to reduce the There was no objection. role of the Corps of Engineers in flood con- In addition, I wish to inform the trol, shore protection, and navigation House that the Rules Committee is f projects. planning to meet next Tuesday, Sep- The SPEAKER pro tempore. The gen- tember 12, on two bills; H.R. 1670, the REPORT ON RESOLUTION PROVID- tleman from Alabama [Mr. BEVILL] and Federal Acquisition Reform Act and ING FOR CONSIDERATION OF the gentleman from Indiana [Mr. H.R. 1162, the Deficit Reduction Lock- MYERS] will each be recognized for 30 H.R. 1594, RESTRICTIONS ON PRO- box Act. MOTION BY GOVERNMENT OF minutes. The rules on each of these two bills USE OF EMPLOYEE BENEFIT The Chair recognizes the gentleman may provide priority in recognition to from Alabama [Mr. BEVILL]. PLANS OF ECONOMICALLY TAR- Members who have pre-printed their GETED INVESTMENTS Mr. BEVILL. Mr. Speaker, I yield amendments in the CONGRESSIONAL myself such time as I may consume. Mr. GOSS, from the Committee on RECORD. Mr. MYERS of Indiana. Mr. Speaker, Rules, submitted a privileged report Amendments to be pre-printed would will the gentleman yield? (Rept. No. 104–240) on the resolution (H. need to be signed by the Member and Mr. BEVILL. I yield to the gen- Res. 215) providing for the consider- submitted at the Speaker’s table. tleman from Indiana. ation of the bill (H.R. 1594) to place re- The amendments would still need to Mr. MYERS of Indiana. Mr. Speaker, strictions on the promotion by the De- be consistent with House rules and the gentleman from Alabama, as he al- partment of Labor and other Federal would be given no special protection by ways has, has discussed his motion agencies and instrumentalities of eco- being printed. with this side, and we have no objec- nomically targeted investments in con- Members should use the Office of tion. nection with employee benefit plans, Legislative Counsel to ensure that Mr. BEVILL. Mr. Speaker, I thank which was referred to the House Cal- their amendments are properly drafted the gentleman. endar and ordered to be printed. and should check with the Office of the Mr. Speaker, I yield back the balance Parliamentarian to be certain their of my time. f amendments comply with the rules of Mr. MYERS of Indiana. Mr. Speaker, the House. I yield back the balance of my time. REPORT ON RESOLUTION PROVID- It is not necessary to submit amend- The SPEAKER pro tempore. Without ING FOR CONSIDERATION OF ments to the Rules Committee or tes- objection, the previous question is or- H.R. 1655, INTELLIGENCE AU- tify as long as amendments comply dered on the motion. THORIZATION ACT, 1996 with the House rules. There was no objection. The SPEAKER pro tempore. The f Mr. GOSS, from the Committee on question is on the motion to instruct Rules, submitted a privileged report APPOINTMENT OF CONFEREE IN offered by the gentleman from Ala- (Rept. No. 104–241) on the resolution (H. VIEW OF CONFEREE ON S. 4 THE bama [Mr. BEVILL] Res. 216) providing for the consider- SEPARATE ENROLLMENT AND The motion to instruct was agreed ation of the bill (H.R. 1655) to authorize LINE ITEM VETO ACT OF 1995 to. appropriations for fiscal year 1996 for A motion to reconsider was laid on intelligence and intelligence-related The SPEAKER pro tempore. The the table. activities of the U.S. Government, the Chair announces, without objection, The SPEAKER pro tempore. Without Community Management Account, and that Mr. GOSS is appointed in lieu of objection the Chair appoints the fol- the Central Intelligence Agency Re- Mr. DREIER as a conferee on S. 4. lowing conferees; Messrs: MYERS of In- tirement and Disability System, and There was no objection. diana ROGERS, KNOLLENBERG, RIGGS, for other purposes, which was referred The Speaker pro tempore. The Clerk FRELINGHUYSEN, BUNN of Oregon, LIV- to the House Calendar and ordered to will notify the Senate of the change in INGSTON, BEVILL MR. FAZIO of Califor- be printed. conferees. nia, CHAPMAN and OBEY: September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8665 There was no objection. projects that the most high-priority APPOINTMENT AS MEMBERS OF f needs be addressed and that the cumu- THE BOARD OF VISITORS TO lative level of funding for non-quality- THE U.S. MERCHANT MARINE GENERAL LEAVE of-life projects added by the Congress ACADEMY Mr. MYERS of Indiana. Mr. Speaker, not exceed the level currently in the The SPEAKER pro tempore. Without I ask unanimous consent that all Mem- House bill, which is roughly $150 mil- objection, and pursuant to the provi- bers may have 5 legislative days in lion. sions of section 1295b(h) of title 46, which to revise and extend their re- Mr. Speaker, I reserve the balance of United States Code, the Chair an- marks, and that I may be allowed to my time. nounces the Speaker’s appointment as include tabular and extraneous mate- Mrs. VUCANOVICH. Mr. Speaker, I members of the Board of Visitors to rial, on H.R. 1905. yield myself such time as I may the U.S. Merchant Marine Academy The SPEAKER pro tempore. Is there consume. the following Members of the House: objection to the request of the gen- Mr. Speaker, I rise in strong support Mr. KING of New York, and Mr. MAN- tleman from Indiana? of this motion to instruct conferees. TON of New York. There was no objection. The committee has put quality-of- There was no objection. f life projects first. We have worked hard f in a bipartisan manner to fund troop APPOINTMENT OF CONFEREES ON housing, family housing, child develop- b 1900 H.R. 1817, MILITARY CONSTRUC- ment centers and medical projects. We TION APPROPRIATIONS ACT, 1996 SPECIAL ORDERS have put our dollars where the Depart- Mrs. VUCANOVICH. Mr. Speaker, I ment of Defense needs them most. The SPEAKER pro tempore (Mr. LAHOOD). Under the Speaker’s an- ask unanimous consent to take from We have funded projects that are pri- nounced policy of May 12, 1995, and the Speaker’s table the bill (H.R. 1817) ority locations. under a previous order of the House, making appropriations for military So I urge my colleagues to support construction, family housing, and base the following Members will be recog- the gentleman’s motion, and I support nized for 5 minutes each. realignment and closure for the De- it. partment of Defense for the fiscal year Mr. Speaker, I reserve the balance of f ending September 30, 1996, and for my time. The SPEAKER pro tempore. Under a other purposes, with Senate amend- Mr. OBEY. Mr. Speaker, I yield my- previous order of the House, the gen- ments thereto, disagree to the Senate self such time as I may consume. tleman from Maryland [Mr. HOYER] is amendments, and agree to the con- recognized for 5 minutes. Mr. Speaker, I thank the gentle- ference asked by the Senate. [Mr. HOYER addressed the House. His The SPEAKER pro tempore. Is there woman. I would clarify this motion does not remarks will appear hereafter in the objection to the request of the gentle- Extensions of Remarks.] woman from Nevada? address any added projects specifically. There was no objection. Therefore, the motion does not pre- f MOTION TO INSTRUCT OFFERED BY MR. OBEY clude any specific project from being The SPEAKER pro tempore. Under a Mr. OBEY. Mr. Speaker, I offer a mo- considered in conference. The motion previous order of the House, the gen- tion to instruct. simply limits the total amount of non- tleman from California [Mr. HORN] is The Clerk read as follows: quality-of-life add-ons. recognized for 5 minutes. Mr. Speaker, I yield back the balance Mr. OBEY moves that in resolving the dif- [Mr. HORN addressed the House. His ferences between the House and Senate, the of my time. remarks will appear hereafter in the managers on the part of the House at the Mrs. VUCANOVICH. Mr. Speaker, I Extensions of Remarks.] conference on the disagreeing votes of the yield back the balance of my time. f two Houses on the bill H.R. 1817, be in- The SPEAKER pro tempore. Without structed to not provide funding for non-qual- objection, the previous question is or- REHABILITATION NEEDED, NOT ity of life projects added above the Presi- SURGERY dent’s request, which are in excess of the cu- dered on the motion to instruct. mulative amounts added for such projects in There was no objection. The SPEAKER pro tempore. Under a the House passed bill. The SPEAKER pro tempore. The previous order of the House, the gen- The SPEAKER pro tempore. Under question is on the motion to instruct tleman from New Jersey [Mr. PALLONE] the rule, the gentleman from Wisconsin offered by the gentleman from Wiscon- is recognized for 5 minutes. [Mr. OBEY] and the gentlewoman from sin [Mr. OBEY]. Mr. PALLONE. Mr. Speaker, during Nevada [Mrs. VUCANOVICH] will each be The motion was agreed to. the month of August, I met with many recognized for 30 minutes. A motion to reconsider was laid on senior citizens who are very concerned The Chair recognizes the gentleman the table. about the proposed Republican Medi- from Wisconsin [Mr. OBEY]. The SPEAKER pro tempore. Without care reductions of $270 billion. I am Mr. OBEY. Mr. Speaker, I yield my- objection, the Chair appoints the fol- even more concerned that there are no self such time as I may consume. lowing conferees: Mrs. VUCANOVICH,and specifics as to how the cuts will be Mr. Speaker, the House will recall Messrs; CALLAHAN, MCDADE, MYERS of made. The Republicans so far have re- that when the House passed the mili- Indiana, PORTER, ISTOOK, WICKER, LIV- fused to give us any details concerning tary construction bill, it included INGSTON, HEFNER, FOGLIETTA, VIS- their plan. added projects for high-priority qual- CLOSKY, TORRES, and OBEY. The public has the right to examine ity-of-life projects such as barracks, There was no objection. the Republican plan. Instead the Re- child care centers, family housing, and publicans are opting for the stealth at- medical facilities. f tack approach of slipping cuts right by The bill also provided roughly $150 GENERAL LEAVE seniors before their plans can be ana- million for projects that were not re- lyzed. quested by the President for oper- Mrs. VUCANOVICH. Mr. Speaker, I Many Republicans are claiming that ational needs. ask unanimous consent that all Mem- Medicare is going broke, which is sim- The other body, however, added some bers may have 5 legislative days in ply not true. Medicare is more solvent $350 million in projects, many of which which to revise and extend their re- today than it has been in a long time. do not appear to fit anybody’s defini- marks on H.R. 1817, the bill just consid- The trustees report show that defini- tion of a high priority. ered. tively. My motion, Mr. Speaker, provides The SPEAKER pro tempore. Is there As a matter of fact the trustees have very specific direction to the conferees objection to the request of the gentle- spoken out against the Republican that in resolving the differences be- woman from Nevada? plans in a commentary entitled, ‘‘Re- tween the House and the Senate on There was no objection. habilitation Needed, Not Surgery,’’ H 8666 CONGRESSIONAL RECORD — HOUSE September 7, 1995 which was printed in the Los Angeles vent within seven years. On each of those oc- [Mr. MCINTOSH addressed the House. Times. I would like to submit this com- casions, the sitting President and members His remarks will appear hereafter in mentary for the RECORD. of Congress from both political parties took the Extensions of Remarks.] appropriate action to strengthen the fund. The article outlines the fact that the Far from being a sudden crisis, the situa- The SPEAKER pro tempore. Under a Republicans did not stumble onto tion has improved over the past few years. previous order of the House, the gentle- something new regarding the question When President Clinton took office in 1993, woman from Colorado [Mrs. SCHROE- of Medicare solvency. the Medicare trustees predicted the fund DER] is recognized for 5 minutes. In the last 20 years, the trustees re- would be exhausted in six years. The Presi- Mrs. SCHROEDER. Mr. Speaker, this year, ported several times that Medicare dent offered a package of reforms to push as we celebrate the 75th anniversary of wom- would run out of money in 4 years or 6 back that date by three years and the Demo- en's vote, our society has once again dusted years. The recent trustee report ex- crats in Congress passed the plan. In 1994, the President proposed a health reform plan that off its perennial ``women's question'' tends solvency to an all-time high of 7 would have strengthened the fund for an ad- What do women want? years, 1 more year than was the case ditional five years. Well the events of this week, from the fight last year. I wonder why Republicans So what has caused some members of Con- of women NGO's at the conference in Beijing did not raise this issue last year, when gress to become concerned about the fund? to have their voices heard, to the fight of the health care reform—to increase health Certainly not the facts in this year’s trust- brave Oregonian women who wanted simply coverage—was the biggest issue of the ees report that these members continually cite. The report found that predictions about to have a public hearing about Senator PACK- year? WOOD's sexual misconduct, make one thing Throughout the last 20 years ques- the solvency of the fund had improved by a year. The only thing that has really changed pretty clear. tions of solvency have been raised and is the political needs of those who are hoping Women want dignity and respect so that Congress worked together making the to use major Medicare cuts for other pur- they have the same opportunities as men to minor adjustments necessary to main- poses. achieve and contribute to their society. tain Medicare’s funding. Congress can President Clinton has presented a plan to Dignity and respect. work together again, if Republicans extend the fund’s life. Remarkably, some in BEIJING CONFERENCE will drop their $270 billion Medicare Congress have said that the President has no cut. plan to address the Medicare Trust Fund Respect from Boutros-Ghalli, who won't issue. But he most certainly does. Under the The trustees go on to say that the even go the U.N. Conference on Women, but President’s balanced budget plan, payments gives it as a consolation prize to a country Republican’s Medicare cuts are exces- from the trust fund would be reduced by $89 sive, citing that ‘‘It is not necessary to who is on global probation for its dismal billion over the next seven years to ensure human rights violation. cut benefits to ensure the fund’s sol- that Medicare benefits would be covered vency.’’ I believe the true motivation through October 2006—11 years from now. Respect from Chinese for the democratic behind the largest Medicare cuts in his- The congressional majority’s Medicare ideals that allow freedom of speech and free- tory is giving the better-off a big tax cuts are excessive; it is not necessary to cut dom of assembly. benefits to ensure the fund’s solvency. The cut. Republicans first propose taking Respect from countries that practice tradi- congressional majority says that all of its tions that degrade women. Examples: FGM; $270 billion out of Medicare and then proposed $270 billion in Medicare cuts over call it reform. sold into the slavery of prostitution; doused seven years are necessary. Certainly, some of with gasoline and burned to death because Seniors in New Jersey realize what is those savings would help shore up the fund, really happening. They are being asked just as in the President’s plan. But a sub- their dowries are deemed to small. to come up with more than $1,000 a stantial part of the cuts the Republicans Respect in the workplace. year in out-of-pocket costs in order to seek—at least $100 billion—would seriously Which brings us to the Packwood case and finance a tax cut largely for the hurt senior citizens without contributing the women who so bravely came forward with wealthy. It is simply not fair and those one penny to the fund. None of those savings examples of Senator PACKWOOD's sexual mis- (taken out of what is called Medicare Part B, of us who care about seniors must fight conduct. which basically covers visits to the doctor) This summer I met with 4 of the 17 women to kill this terrible Republican pro- would go to the Part A Trust Fund (which posal. mostly covers hospital stays). As a result, who brought the complaint against Senator The article referred to is as follows: those cuts would not extend the life of the PACKWOOD. They spoke of their outrage with [From the Los Angeles Times, Aug. 28, 1995] trust fund by one day. Senator PACKWOOD's abuse of power. They And those Part B cuts would come out of said his behavior was ``demeaning, disrespect- REHABILITATION NEEDED, NOT SURGERY the pockets of Medicare beneficiaries, who ful, and humiliating to those who are the vic- (By Robert E. Rubin, Donna E. Shalala, might have to pay an average of $1,650 per tims.'' Robert B. Reich and Shirley S. Chater) person or $3,300 per couple more over seven As Senator MCCONNELL said today, ``There Our nation is involved in a serious exam- years in premiums alone. Total out-of-pock- ination of the status and future of Medicare. et costs could increase by an average of was a habitual pattern of aggressive, blatantly Congressional Republicans have called for $2,825 per person of $5,650 per couple over sexual advances mostly directed at members $270 billion in cuts over the next seven years, seven years. According to a new study by the of his own staff or other whose livelihoods claiming that Medicare is facing a sudden Department of Health and Human Services, were connected in some way to his power and and unprecedented financial crisis that these increases would effectively push at authority as a Senator.'' President Clinton has not dealt with, and least half a million senior citizens into pov- I applaud the Senate Ethics Committee for that all of the majority’s cuts are necessary erty and dramatically increase the health standing firm and clearly saying, we will not to avert it. care burden on all older and disabled Ameri- tolerate this type of behavior. While there is a need to address the finan- cans and their families. The President’s plan, cial stability of Medicare, the congressional by contrast, protects Medicare beneficiaries I found the committee's vote a real sea majority’s claims are simply mistaken. As from any new cost increases. change. No doubt about itÐhaving more trustees of the Part A Medicare Trust Fund, As Medicare trustees, we are responsible women in the SenateÐespecially women like which is the subject of the current debate, for making sure that the program continues Senator BOXER, Senator MIKULSKI, and Sen- and authors of an annual report that regret- to be there for our parents and grandparents ator SNOWE who were willing to shake things tably has been used to distort the facts, we as well as for our children and grandchildren. upÐhelped to create this new climate. would like to set the record straight. The President’s balanced budget plan shows The ruling is certainly shaking the founda- Concerns about the solvency of the Medi- that we can address the short-term problems care Part A Trust Fund are not new. The sol- without taking thousands of dollars out of tions of the club. It's no secret that these guys vency of the trust fund is of utmost concern peoples’ pockets; that would give us a chance have protected each other over and over to us all. Each year, the Medicare trustees to work on a long-term plan to preserve again. The ruling is a signal that those days undertake an examination to determine its Medicare’s financial health as the baby boom are over. short-term and long-term financial health. generation ages. By doing that, we can pre- Most importantly, the vote shows that the The most recent report notes that the trust serve the Medicare Trust Fund without los- Senate, and Congress, has evolved in under- fund is expected to run dry by 2002. While ev- ing the trust of older Americans. standing that women are in the workplace, eryone agrees that we must take action to f and they deserve respect. make sure that the fund has adequate re- sources, the claim that it is in a sudden cri- The SPEAKER pro tempore. Under a We tell private employers that this conduct sis is unfounded. previous order of the House, the gen- will land them in court. Today, we tell elected The Medicare trustees have nine times tleman from Indiana [Mr. MCINTOSH] is officials, this behavior will kick them out of warned that the trust fund would be insol- recognized for 5 minutes. Congress. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8667 Let this be a message for all public officials. brought it on line in 1958, and back in home from work sick, according to Randal You treat people who work for you with re- those years that was the fifth plant in Carnegie, an employee at Flexel who at- spect. They are not playthings, they are peo- the United States making cellophane. tended a morning meeting Wednesday. ‘‘On the original program, if you get sick ple. It all boils down to respect and dignity. Mr. Speaker, the news articles I will and if you work over two hours and you go f include in the RECORD indicate that home after that two hours, you get eight The SPEAKER pro tempore. Under a there are only two left in this country. hours pay,’’ Carnegie said. ‘‘They’ve done previous order of the House, the gen- This worker went to work for that away with that.’’ company in 1964 and retired in 1985. He Carnegie said the company also will no tleman from Indiana [Mr. BURTON] is longer pay for annual physicals for employ- recognized for 5 minutes. says when he retired from the plant it was the last plant operating for du ees. That expense will be out-of-pocket for [Mr. BURTON of Indiana addressed Pont in the United States making cel- the portion insurance doesn’t cover, he said. the House. His remarks will appear For employees on full-time disability, the lophane. About 1 year later it was sold company will not begin payment of disabil- hereafter in the Extensions of Re- to this owner, Flexel, out of Atlanta, marks.] ity pay until after four days and then only GA, and when he left the company with a doctor’s excuse, Carnegie added. Dis- f back in 1985, he was making just over ability pay did start the first day off work, $12 an hour. Mr. Speaker, he wrote me he said. MORE BAD NEWS FOR AMERICA’S Carnegie, who has been working at Flexel WORKERS because he was shocked to find 10 years later the workers in that plant were for one year, makes $8.50 an hour at the plant. His hourly wage will drop to $8.04 an The SPEAKER pro tempore (Mr. making so much less. He said: HOEKSTRA). Under a previous order of hour under the new cuts. Ms. KAPTUR, the imports from Mexico have the House, the gentlewoman from Ohio A source familiar with the negotiating had an impact on this plant and its workers, process who spoke on the condition of ano- [Ms. KAPTUR] is recognized for 5 min- and I’m concerned because I still have a lot nymity said the average base wage at the utes. of my friends working there. Unfortunately plant has decreased since 1993 to $12.78 per Ms. KAPTUR. Mr. Speaker, tonight I all those workers in the United States and hour. An 11 percent decrease would lower want to talk about another company in the low-paid workers in Mexico will gain no that average base rate to $11.37. our country and more bad news for fairness, they will gain no equity, because The plant employs over 240 employees, the America’s workers as a result of there is nothing in the trade agreement that source said. The base wage has gone down NAFTA, the $20 billion trade loser. tries to compensate for the difference in liv- from the 1993 average salary of $13.66 per ing standards, political standards, and envi- hour because of lower starting wages, the This time the damage comes from To- ronmental standards between these two adja- source said. peka, KS, where workers at the Flexel cent nations. Flexel Corp., based in Atlanta, owns the cellophane plant are being forced to So, Mr. Speaker, this evening I will two remaining cellophane plants in the Unit- take another pay cut, this time for 11 ed States, the one in Tecumseh and one in be submitting into the RECORD the en- Covington, Ind. percent. This was reported in the Au- tire story of what has happened in To- gust 31 issue of the Capital-Journal, The Covington plant felt its share of cut- peka, KS, one community in our coun- backs in April, when about one-third of the which is their local newspaper. That try that understands well the impact of means for a worker in that company plant’s 345 employees were laid off, according footloose multinational corporations to reports published in the Commercial News making $8.50 an hour they will now and what happens when the Govern- in Danville, Ill. have their pay cut to close to $8 an ment in Washington falls asleep and That newspaper reported 20 salaried and 80 hour, and all this has happened after a fails to protect the workers of this con- hourly employees were laid off. The last time employees were laid off at wage freeze at that company that has tinent. been in effect since 1991. In fact, work- the Tecumseh plant was in 1989, when 12 sal- [The articles referred to are as fol- aried employees and 30 temporary employees ers at Flexel have seen their wages lows:] drop from $13 an hour 5 years ago now were laid off. [From the Capital-Journal, Aug. 31, 1995] ‘‘We don’t want to cut Tecumseh wage roll to the current proposal to ratchet jobs because we want to keep Tecumseh pro- PAY CUT OF 11 PERCENT GOES INTO EFFECT ON them down even more, to $8 an hours. duction levels high,’’ Broz said. ‘‘So we have MONDAY What has been happening to cause no choice but to cut wages.’’ this ratcheting down of U.S. worker (By Morgan Chilson) Carnegie said many employees believe wages? Mexican-based cellophane man- An 11 percent pay cut will begin Monday at other cost-cutting measures weren’t re- ufacturing plants have been increasing the Flexel plant in Tecumseh, company offi- searched. For example, he said, workers cur- their penetration of the United States cials told employees Wednesday. rently are paid for lunch shifts and if that Pay cuts are part of a company-wide plan policy could be dropped, it would save the market to nearly one-fifth, or 20 per- to reduce costs because of increased global company 2.5 hours per week per person. cent, of our marketplace, up from only competition and declining demand for Broz said it is untrue that other cost-cut- 3 percent 4 years ago. Our workers are cellophone, said Gerry Broz, site manager at ting measures haven’t been considered. being forced again to compete against the plant. multinational companies that can set Broz also stated adamantly Wednesday FLEXEL WORKERS FACE PAY CUT up shop anywhere on the globe in order that reports from employees that company Mandatory employee meetings today at to seek the lowest wages possible along officials walked out on negotiations with Flexel Corp. will determine what options are with no environmental enforcement. In Amalgamated Clothing and Textile Workers left for members of the Amalgamated Cloth- Union, or UNITE, last week were ‘‘com- Mexico workers at those relocated cel- ing and Textile Workers Union of America pletely inaccurate.’’ after negotiations with management came to lophane plants earn about 50 cents an ‘‘After almost 10 months of good-faith bar- a halt last week. hour, and that is where America’s gaining and agreement on most issues, the Employees of Flexel, one of two remaining wages are headed, my friends, and did company submitted a final proposal last cellophane manufacturing plants in the you notice that the price of cellophane Thursday calling for an 11 percent pay cut United States, voted in October 1994 to join has not dropped in our grocery stores? and work-rule changes that would lead to ad- ACTWU and then began working with You can figure out who is making the ditional cost savings,’’ Broz said. Flexel’s management to negotiate a con- money off workers on both sides of the Broz told employees in meetings Wednes- tract. It never got that far. day that Flexel and the union deadlocked Last Thursday, members of the manage- United States-Mexican border. over the issue of wage concessions. ment negotiating team walked out of nego- It is time to cancel NAFTA, go back Flexel officials opened financial informa- tiations after leaving their only offer on the to the drawing boards and reshape it, tion to a union auditor in the spring so em- table, a source familiar with the negotia- and stand up for the hard-working fam- ployees would understand the economic dif- tions said Tuesday on condition of anonym- ilies of our continent who all are being ficulties facing the company, Broz said. De- ity. taken to the cleaners, and, if I might spite that, employees continued to ask for a Jerry Broze, site superintendent at the quote from a retiree from that particu- five to 10 percent wage increase, he said. Flexel plant in Tecumseh, said the company lar plant in Kansas, he tells us a little Broz didn’t elaborate on what the addi- would comment today on labor negotiations. tional money saving measures were, but em- The source said Flexel’s offer involved a bit about what the story is in that ployees highlighted the loss of premium pay reduction of $1.4 million, which amounted to community. He said originally du Pont or Sunday time-and-a half pay. an 11 percent pay cut for employees. When company built what was then called The cuts change several regulations, such totaled in with other aspects of the offer, in- the Tecumseh cellophane plant and as what happens when an employee goes cluding no more premium or overtime pay H 8668 CONGRESSIONAL RECORD — HOUSE September 7, 1995 for working on Sundays, employees would be local post office in West Hampton, Mr. KINGSTON. Mr. Speaker, I just taking about a 17 percent cut in pay and ben- Long Island, NY. All of these facilities, wanted to discuss a couple of items to- efits, the source said. had they burned, would have cost the night. A previous speaker on the other ‘‘They basically put this crazy offer on the taxpayers many, many dollars to re- side of the aisle actually stood in the table and said it was because of their finan- cial problems,’’ said David Martinez, who has place these fine postal facilities. House Chamber just minutes ago and worked at Flexel for 16 years. He began with I am forced to come to the floor this said that there is no problem with Med- the company when it was owned by Du Pont. evening because of an outrageous inci- icare, that Medicare is not going bank- ‘‘We came through with a lot of suggestions dent that I have learned involving the rupt. I just find that unbelievable, that of things that they could save money on. U.S. Postal Service. The postal em- somebody would be still arguing about They just basically put that offer on and ployees who are our friends, many of the April trustees’ report, when it was never negotiated anything in good faith.’’ our relatives, our neighbors, on Long offered by Clinton appointees, includ- Workers were told the new policies would be instituted Friday, and many think the Island who donated their time to fight ing Secretaries Shalala, Reich and mandatory meetings today will announce the worst fire in Long Island history Rubin, who are all appointed by Clin- that plan. are now being told by their supervisors ton. They are his right arm, for crying Martinez said employees haven’t received at the Postal Service in Washington out loud. Drawing partisan lines on a pay raises in more than four years, which that they are going to have to take va- trustee report that really is a Demo- has added to their disenchantment with cation time to cover their absence crat report. I am flabbergasted, after a management. from work to fight the worst fire in month back in the district talking to Wages were frozen in December 1991 at the senior citizens, that somebody is at average salary of $13.66 an hour, according to Long Island history. Mr. Speaker, I a report in 1993. find that outrageous, I find that the that stage of the debate. Martinez alleged poor corporate manage- worst example in government of bu- The stage on this side of the aisle, ment was the reason for the company’s woes. reaucratic mumbo-jumbo gobbledegook number one, is that this is a bipartisan Martinez cited the purchase of a machine that serves no reasonable purpose. We problem. People that get Medicare, to make rubber gloves that is boxed and sit- have small employers on Long Island, they do not care if they are Democrats ting in the warehouse unused as an example delis, Main Street merchants, who can or Republicans who are writing the leg- of poor decisionmaking by Flexel. ill afford the loss of an employee for a islation. They want health care. In previous years, management said the We are not going to get into a par- company experienced financial difficulties full week, and yet these smallest of because of unfair competition from Mexico. businesses are paying their employees tisan debate on Medicare. What we are Mexican companies export cellophane to the who had to leave the business to go going to do is try to preserve and pro- United States without paying a tariff. fight the fire. tect it so that it will be there tomor- In 1991, Lindsey Walters, president of the row, and we are going to try to slow Atlanta-based Flexel Corp., said Mexican cel- b 1915 down the rate of increase. Medical in- lophane plants increased their penetration of These volunteer firefighters are the flation on average is about 4.5 percent. U.S. markets to 18 percent from 3 percent Medicare growth has been 11 percent. during the previous four years. best example of volunteerism, of cour- age, of bravery, and I find it out- We are going to increase the benefit to f rageous that the United States Postal each recipient from about $4,800 to OUTRAGEOUS THAT LONG IS- Service, the supervisors in Washington, $6,400. So the door is open. Any ideas LAND’S VOLUNTEER FIRE- have deemed them not worthy of being from either party are welcome, but we FIGHTERS MUST TAKE VACA- paid while they fought to save our are going to solve this problem in a bi- TION TIME FOR FIGHTING THEIR communities. partisan way. We are going to simplify WORST EVER FIRE Mr. Speaker, it is outrageous. I at- Medicare, and protect and preserve it. tempted to reach the Postmaster Gen- The gentleman from the 9th District The SPEAKER pro tempore. Under a eral of the United States, but I was of Georgia [Mr. CHAMBLISS] joins us, previous order of the House, the gen- told he was in Hawaii, and he has been and I yield the floor to him. tleman from New York [Mr. FORBES] is there for about a week, and he is Mr. CHAMBLISS. Mr. Speaker, I too recognized for 5 minutes. jetting home to Washington as we am just somewhat flabbergasted by the Mr. FORBES. Mr. Speaker, many of speak. I am hopeful that we can con- comments made by the previous speak- us in this Nation for many years have vince the Postmaster General and the er from the other side of the aisle re- heard about the values of volunteer- hierarchy of the United States Postal garding the cuts in Medicare. He made ism. Our own President of the United Service that when men and women give one statement that Medicare is more States came up with a program where up their time, thousands of hours to solvent today than it has been in a he thought we ought to pay volunteers train themselves to stay up in the lat- long time. We had problems with it in in a program called national service. est techniques in fighting fires, that the past and the reaction of this Con- Tonight I want to address the floor for they ought to be paid when the com- gress was to make minor adjustments the purposes of talking about some tre- munity is at risk, such as our commu- in the Medicare program. mendous individuals who work for the nities on Long Island were at risk. I Well, what the Democrats consider as Federal Government. They are the find it outrageous, as I have said re- ‘‘minor adjustments’’ is raising taxes. postal workers of this Nation, the men peatedly, that the United States Postal That is not what the American people and women who deliver our mail and Service in Washington does not deem want. The American people want a the people like in my own village of the volunteerism of its own postal solid program with solid funding, not a Quogue, Long Island, where we go down workers in this time of need as worthy program that is a runaway program to the mail and the employees in the of reimbursement for their time away that requires raising taxes to fix it. post office are our friends there. They Congress must act responsibly. We from the post office. are our neighbors. They donate time to are charged by the American people to Mr. Speaker, I encourage the United their communities, and a large number take a program like Medicare, to re- States Postal Service to rethink its po- of these postal workers on Long Island form, revise, and improve that program sition, to pay the employees of the also happen to be volunteers in the to where we take money from the tax- Postal Service who gave of their time local fire company, volunteer fire- payers and we spend it wisely. When it to save our communities during the fighters. comes time for folks to receive the fire, and I ask them, again, to recon- Last evening I addressed this floor benefits of Medicare, they ought to be sider their position. and talked about the recent fire on able to receive those benefits without Long Island in which over 5,000 volun- f the necessity of raising taxes. teer firefighters made a tremendous Mr. KINGSTON. If the gentleman contribution. They saved our property, THE TRUTH ON MEDICARE will yield, we actually raised the taxes they saved our communities. At threat The SPEAKER pro tempore. Under a on Medicare in 1993. All that did is during that fire could very well have previous order of the House, the gen- postpone the bankruptcy I think three been the local post office in Eastport, tleman from Georgia [Mr. KINGSTON] is to six months. So raising taxes is not the local post office in Speonk, the recognized for 5 minutes. the solution. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8669 On the subject of taxes, I wanted to sion since Reconstruction. I heard peo- man, I cannot wait to get up to Wash- say this. We are going to have some ple telling us day in and day out we ington, DC. I have not felt this fired up important tax debates coming up on were too radical, revolutionary, too ex- in over a year since before I came up flat tax and consumption tax. The av- treme, we were moving too fast. here and campaigned to get into Con- erage American family in the 1950’s Then I went home, and I held 30 town gress the first time. paid 2 percent Federal income tax. The hall meetings across my district. I Then the first day back, I have Com- average American family today pays 24 made over 100 speeches across my dis- merce Secretary Ron Brown come to percent Federal income tax. During trict. I talked to editorial boards, I my committee and testify under oath, that period of time, the State and local went on talk radio, I went on TV. I under oath, that there is not a penny of and other Federal taxes have increased worked my district for over 30 days and corporate welfare in the Department of to the extent that middle class families talked to more people in my district Commerce budget and that we should now are paying about 40 to 50 percent than I bet any other elected official has not abolish the Department of Com- taxes, while the real wages have fallen. ever worked the district in 30 days in merce. One of the biggest crises in America northwest Florida, and the message I Let me tell you something, that is today is that the middle class are got from them was quite different than perjury. Plain and simple, that is per- working their tails off just to stay in the message I get from reading the jury. The Department of Commerce is place. In many cases they are not even Washington Post or listening to Peter stocked with corporate welfare. Every- breaking even. So tax increases year Jennings. body in this body knows it. The cor- after year are anything but the answer. They said what are you doing up porations that get their windfalls from We have got to increase the real wages there? Nothing is happening. You guys it know it. Bill Clinton knows it, Ron and increase opportunities and jobs for need to push it forward. You need to Brown knows it, the administration people. push change. We sent you up to Wash- knows it. Mr. CHAMBLISS. It was interesting ington, DC. in November to make a dif- We need to abolish the Department of too that the previous speaker stated ference and make a change. Now, do Commerce. There is a plan coming be- that we as Republicans are providing something. fore this house that is passing through tax cuts to middle class America, and I will tell you, it was a rude awaken- committee that it needs to be abol- those tax cuts are being given at the ing. It shows how there is an incredible ished. We need to stop handing out cor- expense of Medicare recipients. That is disconnect between Washington, DC. porate welfare, and we need to get Ron absolutely not true. What he did not speak and what people in middle Amer- Brown, Bill Clinton and the Democrats tell the folks is that Medicare is a ica are saying, and in the area that po- in this House to support our bill. Abol- trust fund. Payments that are received litical pundits consider fly-over space ish the Department of Commerce. between Washington, DC and Holly- Then we need to move on and abolish by the Federal Government from tax- wood, CA. the Department of Education bureauc- payers for Medicare go into a trust Let me tell you something: The same racy, set up in 1979 as a political payoff fund. Those funds can be used only for voter anger that was out there in No- to the teachers union. We have gone Medicare beneficiaries. vember of 1994 is still out there in Au- from spending $14 to $33 billion on edu- Tax cuts have no relationship to gust and September of 1995, and the cation in the last 15 years and what has Medicare trust funds. The tax cuts Americans want us to move forward it gotten us? Declining test scores, an being given to middle class America with our revolutionary agenda. increase of violence in schools and are being given to those folks you just Now, they say it is revolutionary. I dropout rates, and an increase in all talked about, the folks who are hard am going to tell you, I do not think it the things we do not want. It is micro- working, scraping by day-to-day to is revolutionary to balance the budget. management from Washington, DC. make a decent living for their families. I do not think it is so radical for the When are they going to learn inside Those are the folks that are going to Congress to only do what middle class the Beltway that Washington, DC can- receive the benefit of the tax cuts that Americans have done for over 200 not micro-manage every single prob- are going to be put in place. That has years, and only spend as much money lem across America? We were sent up absolutely no relationship to Medicare. as they take in. I do not think it is rad- here to make a difference. We need to Mr. KINGSTON. Mr. Speaker, I think ical to cut burdensome regulations. I stay focused and make a difference, be- the point the gentleman has also made do not think it is extreme to give peo- cause Americans want change. on taxes is that in reality we have not ple their money and their power back. Mr. Speaker, that is what we are passed a tax cut. We have not really What is so extreme and revolutionary going to deliver to them. passed anything, because the House, to adhering to the Constitution? If the f while it has done all kinds of work, all 10th amendment tells us that the Fed- kinds of reform legislation to reduce eral Government can only do what the THE APPROPRIATIONS PROCESS the size of government and the micro- Constitution specifically says it can The SPEAKER pro tempore. Under a management out of Washington, legis- do, and then the rest of the powers are previous order of the House, the gen- lation which has increased personal re- reserved to the people and to the tleman from Georgia [Mr. CHAMBLISS] sponsibility and increased personal States, that ain’t revolutionary by 1995 is recognized for 5 minutes. freedom, these great pieces of legisla- standards. Let us quit lying to the Mr. CHAMBLISS. Mr. Speaker, I will tion have not moved in the other body, American people. That may have been continue my dialogue with my friend nor have they been signed by the Exec- revolutionary back 230 years ago, but from the First District of Georgia, Mr. utive Branch. Here we are coming into let me tell you, it is constitutional KINGSTON. We want to talk for a a rude awakening October 1st. mainstream thought today. The Amer- minute about the process we have been f ican people have realized it. I am just going through here in Congress for the wondering when everybody else inside last couple of weeks before the recess AMERICANS WANT CHANGE NOW the beltway is going to realize it. and a couple days since we have been The SPEAKER pro tempore. Under a I will tell you, my feeling is if that is back, and that is the appropriations previous order of the House, the gen- revolutionary, then count me in. We process. We have been taking the tleman from Florida [Mr. have got to cut taxes. We have got to money that is received by the govern- SCARBOROUGH] is recognized for 5 min- balance the budget. We have got to ment from the taxpayers and deciding utes. slash regulations. My residents are exactly how that money ought to be Mr. SCARBOROUGH. Mr. Speaker, I telling me get us out of the United Na- spent, which departments ought to re- went home for the August recess and a tions and get the United Nations off ceive what amount of money, what pro- funny thing happened before I went American soil. They say cut corporate grams ought to be funded, and what home for the August recess. I listened welfare. They say get the IRS off our programs ought not to be funded. to all these political pundits in Wash- backs. They say do something, make One thing that we have done, we have ington, read Wall Street Journal arti- something happen, make a difference. made severe cuts in Federal spending. cles that said this is the most revolu- Well, let me tell you something. I We are going to continue to make se- tionary House of Representatives ses- came up here and I was fired up. I said vere cuts in Federal spending. We are H 8670 CONGRESSIONAL RECORD — HOUSE September 7, 1995 not going to accomplish all of the cuts There were too many old-ball ways of day. That was a statement, I had read that need to be made in this session of doing business. So too many—— a series of statements that I had read Congress, but we have made a giant Mr. CHAMBLISS. Too many pockets from an article that was produced by step in the right direction. full of money out there and too many Lester Thurow. It was an op-ed article The gentleman from the First Dis- strange-looking expenditures of tax in the Sunday, September 3, New York trict of course is on the Committee on money. Times. Appropriations, and he may want to But we have done things like today, I was struck by the opening para- address some specific items we have I was extremely proud that we passed a graph of that article. The opening dealt with over the last couple of defense appropriation bill today. I am a paragraph I would like to quote again: member of the Committee on national years. No country without a revolution or mili- Mr. KINGSTON. What we have done Security. We have worked extremely tary defeat and subsequent occupation has is we have eliminated, where we can, hard over the last 7 months, 8 months ever experienced such a sharp shift in the we have consolidated, we have reduced, to put together a defense bill that en- distribution of earnings as America has in and, in spending we have increased in sures that we will always be the the last generation. At no other time have others, tried to hold the line on. But, world’s strongest military power. We median wages of American men fallen for for example, there are 163 different are the world’s greatest country be- more than two decades. Never before have a majority of American workers suffered real Federal jobs training programs, 240 cause we are the world’s strongest military power. I was very pleased wage reductions while the per capita domes- Federal education programs; there are tic product was advancing. 30 different nutrition programs. Clearly today that that defense appropriations I think that is a very strong state- some of these can be eliminated or con- bill passed by a large bipartisan mar- ment by Lester Thurow, who is a pro- solidated so that we can get more gin. I think we are going to get the fessor of economics at the Massachu- money to the needy, where that is re- military in this country back on the setts Institute of Technology. He is quired, and balance the budget more right track because we have cut the de- just making a factual statement. But than anything. fense budget every year for the last 7 Out of the 13 appropriations bills we years. We have now restored the it is a very compact and focused state- have passed, 12 of them in the House, money. More importantly, we are ment that all of us ought to really they all move us toward a balanced spending the money from a defense think seriously about. budget by the year 2002. I wish, and I standpoint where the money needs to Mr. Thurow is not a progressive or know you do, I wish we could do it be spent. liberal or politician. Mr. Thurow is an sooner. But we are working on the Mr. KINGSTON. Well, it is interest- economist. Mr. Thurow I think has process. For the first time ever, when ing to note that part of the debate been on record numerous times as sup- we pass that last appropriations bill, today was interrupted for a Joint porting free trade. He probably sup- Chiefs of Staff briefing to Members of the DC appropriations bill, we have ported NAFTA and GATT. Mr. Thurow Congress on Bosnia. passed a budget that moves towards a is not an ideologue. He is an economist, It is still a very dangerous world. I balanced budget with a clear ending in very much respected. Written about 10 believe the military budget is still books. He has been on the Hill at var- sight. down 30 or 40 percent of what it was 10 Unfortunately, as you have pointed ious hearings testifying numerous years ago. We are at $244 billion, I be- out, the folks on the other side of the times before the Senate and the House, lieve it was up to about $250 billion. I Capitol, the other body, have not well respected. am not 100 percent sure on those num- I think it is important to take a look passed a lot of the legislation because bers offhand. I have them in my office, not only are we trying to balance the at that opening statement and some but I know that the military budget other things he says, including a state- budget, but we are trying to reduce the has fallen tremendously from where it bureaucracy, reduce the micro-man- ment at the end of his article where he was in the mid-1980’s. talks about the family. agement out of Washington, the regu- Mr. CHAMBLISS. And there were latory burden, and so forth, and in- The traditional family—I am quoting some reasons why that should happen. Mr. Thurow again: The traditional crease personal responsibility. They As the cold war with Russia has come have not done a thing over there, not family is being destroyed not by mis- to an end, it is time to downsize the guided social welfare programs coming one thing. military, to get it down to a more man- from Washington, although there are On October 1 the fiscal year ends, and ageable figure and something that we some Government initiatives that have the Federal budget, it is time for a can afford. That has been true over the undermined family structure, but by a showdown. It has been called up here last several years. That is one reason modern economic system that is not the great train wreck will be coming, the Defense Department budget has congruent with family values. Besides but I think it is going to be the rude been reduced. falling real wages, America’s other eco- awakening or the reality check. Do you f want the status quo to continue? The nomic problems pale in significance. President is going to make that deci- PLANNING FOR AMERICA’S The remedies lie in major public and sion. Should the Government continue ECONOMY private investments in research and de- or is he going to want to shut it down? The SPEAKER pro tempore (Mr. velopment and in creating skilled workers to ensure that tomorrow’s b 1930 HOEKSTRA). Under the Speaker’s an- nounced policy of May 12, 1995, the gen- high-wage brain power industries gen- erate much of their employment in the Mr. CHAMBLISS. Spending has been tleman from New York [Mr. OWENS] is out of control in Congress for too many recognized for 60 minutes as the des- United States. Yet if one looks at the years now. We have not had a balanced ignee of the minority leader. weak policy proposals of both Demo- budget in 25 years. We run the largest Mr. OWENS. Mr. Speaker, yesterday crats and Republicans, it is a tale told business in the world right here in this I concluded some remarks related to by an idiot, full of sound and fury, sig- Chamber. And if any member of the the state of the economy and what it nifying nothing. business community across the United means to working people and members So Mr. Thurow, the economist, pro- States ran their business like Congress of labor unions. I hastily discussed a fessor of economics at the Massachu- has been running the business of this solution to the problem at that time. setts Institute of Technology, has sort country, they would not last 60 days. It Today I would like to go back and do a of summed up the predicament of is time we put responsibility back in more thorough discussion of the solu- where we are, and he only touched on government. That is one thing that No- tion to the problem. the solution. When he says we need a vember 8 was all about. I laid out the problem yesterday. I remedy in the area of public and pri- Mr. KINGSTON. Just to underscore think it is only fitting that we spend as vate investment and research and de- what you are saying, when Price much time discussing a proposed solu- velopment and in creating skilled Waterhouse came in to do the audit, it tion to it. workers to ensure that tomorrow’s was Price Waterhouse that came in, I do want to recapitulate a statement high-wage brain power industries gen- they could not audit the House books. that started the whole process yester- erate much of their employment in the September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8671 United States, I would like to begin at galore, India, for a whole year. In other ty clear. More jobs are going to be lost that point really today. words, the Bangalore, India, software over the next year or so. The question is, what are we doing? engineer will work for one-twelfth of There may probably be an escalation Mr. Thurow seems to think Democrats the wages of the Seattle engineer, soft- of the number of jobs that are lost in are not doing anything significant and ware engineer. middle management, of the number of also Republicans are not doing any- Educated, educated, high skilled, jobs that are loss in clerical pursuits, thing significant to deal with the rem- that is a new threat. of the number of jobs that are lost in edy. We have a phenomenon which is So to dwell on looking at the solu- semi-skilled factory work because the very real. Everybody factually agrees tion, we have unprecedented prosperity gains of computerization and automa- that this is an unprecedented phenome- on one hand. The prosperity is defined tion eliminate those people first. non. No country without a revolution as the gross national product increase, The irony of it is that you may have or a military defeat and subsequent oc- profits increase, private sector is unskilled workers having more oppor- cupation has ever experienced such a booming. CEO’s are making far more tunities in a few years than the highly sharp shift in the distribution of earn- than they ever made. How do we deal educated. The educated people, you ings as America has in the last genera- with a situation where there is a great may reverse this whole thing. The serv- tion. transition taking place? Yes, we can- ice people may be able to drive their At no other time have median wages not run back the clock. We cannot wages up because the supply of service of American men fallen for more than deny the global economy. people especially in services like two decades. Never before have a ma- I do not think we should have moved plumbing and electricians and a num- jority of American workers suffered as fast as we did on NAFTA and GATT, ber of service people may find that real wage reduction while the per cap- but the reality is that the global mar- they can command higher and higher ita domestic product was advancing. ketplace is taking hold. Reality is that wages because there is a greater need Our gross national product is advanc- capitalism is the economy of the for them and they cannot be replaced. present and capitalism will be the ing. The profits of our corporations are b escalating. They have increased over economy of the future. There is no al- 1945 the last 10 years. They are at record ternative to capitalism. There are vari- You cannot move their jobs overseas. levels this year and last year. ations on it. The Chinese are moving If you are going to build houses, you We have a very productive economy. toward a capitalism that is very dif- cannot take a carpenter’s job and take We have a very productive private sec- ferent from the capitalism in America it overseas and build housing, if you tor, but all boats are not being lifted. and the Russians are planning on a are going to install plumbing, et In fact, at another point in his article, capitalism that is very, different. cetera. Mr. Thurow, Dr. Thurow says that the The French practice a capitalism on There are some jobs that will be able tide rose but 80 percent of the boats an ongoing basis that is very, very dif- to make some demands, but the largest sank. ferent. There are differences, but basi- number of people are employed in man- So we have a situation, the tide is cally capitalism is the way of the fu- ufacturing jobs, in big financial organi- rising, continues to rise, but the boats ture. The market economy is the way zations, the clerical jobs, et cetera. are sinking. The productivity is going of the future. Nobody wants to turn They are definitely, the trend is obvi- up. The profits are going up. But jobs back the clock. I do not think they ous, going to be without jobs. are being lost. have the power to turn back the clock. How do we deal with this transitional We hear numbers every month about But how do you operate within the sit- period? It may last for 10 years, it may the number of jobs created, how so uation that exists? It is the reality, last for another 20 years, but definitely many more jobs are being created. But and what is the creative approach to we are in a transitional period. it is a simple fact that almost every- this reality? It is not the job of the private sector body knows that the jobs that are One creative approach of course is to to deal with this problem. The private being created are in the service sector move to capture a portion of the re- sector is in business to make money. at far lower wages than the jobs that sources of the productivity, of the prof- Capitalism, they may have ads on the are being lost. And every day there are its and use a portion of those profits to television that say that they exist to new announcements of mergers and fund, to finance a transition. We hope make America great, they exist to im- various new arrangements among the that, as it has been in the past, of an prove life for humankind, and you have private sector, conglomerates, that re- industrial revolution, we hope this in- all heard the ads for General Motors sult in a decrease in the number of jobs formation age revolution will also over and General Electric and Archer Dan- available, a downsizing and streamlin- time work itself out. iels Midland. They all have an image to ing of jobs so people in large numbers Nobody can predict what capitalism project, to make it appear that one of are losing out as the economy overall is going to do. Nobody can predict the their primary concerns is the fate of advances. What do you do when Ameri- future with any certainty. It is not humankind or the comfort of the Na- ca’s gross national product is increas- planned, capitalism is not planned. So tion. ing, the profits are increasing, what we have to depend on the same kind of Those are all auxiliary concerns. I happens, what has to happen? phenomena that developed in the in- will not question their motives, but Twenty percent, according to Mr. dustrial revolution and hope that it is they do not pretend that that is their Thurow, among the men, the top 20 going to work itself out over time. primary business. Every private sector percent of the labor force has been win- Over time, we are going to have enterprise is in business to make ning all of the country’s wage increases things happen which we cannot even money, to earn profits, and they are for more than two decades. So 20 per- predict now. But we know we are in a driven by the need for profits. cent are doing fairly well right now. transition right now. We know that for It does not matter how prosperous There is a danger though, because at the last two decades the wages of they are, they cannot afford to let another point Mr. Thurow points out American men have fallen. We know competitors get ahead of them in terms that with our global economy where that for the last two decades, only 20 of their profit margin. It only spells anything can be made anywhere and percent of the labor force has benefited trouble down the road. Even IBM sold anywhere, the supply of cheap, from the economy and that fewer and slipped and stumbled. You can never often well-educated labor in the Third fewer of them are included in the big get too big in the private sector, in the World is having a big effect on First economic boom that is going on now. capitalist economy, so big that you are World wages. So the men in that 20 per- So how do we handle it? secure. cent are also threatened. We have to finance a transition. We We cannot criticize private industry He points out with an example. have to realize, this is the transitional for making profits. Let us get off the Quoting Mr. Thurow: One month’s period, this is the period where large sentimental trip of expecting private wages for a Seattle software engineer numbers of people are beginning to feel industry to take care of the needs of gets the entire—gets the same com- the pinch. Large numbers are suffering. the people. Private industry is not re- pany an equally good engineer in Ban- This is a period where the trend is pret- sponsible for providing an economy H 8672 CONGRESSIONAL RECORD — HOUSE September 7, 1995 which is fair and just. Private industry spend liberal you have got talking to ple who are making the money, the is not responsible for providing job you, this is a tax-and-spend liberal who corporations are making the money, training. It is the Government. wants to go after more taxes. How dare there is no relationship between their We are elected officials, Congress anybody propose more taxes. profits and the number of people who Members, Members of the Senate, Well, this particular liberal says we are working. The number of people Members of the House, members of the need less taxation in the area of in- that are working goes down, people are State legislatures, members of the city come tax on families and individuals. making as individuals and families less councils, the mayors. We are elected to In 1943 families and individuals were money, corporations are making more look after the general welfare, to pro- paying 27 percent of the total tax bur- money, it is only fair, and even if they vide for the general welfare. It is our den. Corporations in 1943 were respon- were not, it would only be fair that we duty. sible for 40 percent, 39.8 percent of the balance off the tax burden. If that means that we upset some of total tax burden. Why in 1943 was it the opposite? Why the profitmaking enterprises, that we So corporations over the period since was almost 40 percent of the tax burden upset the corporations, that we upset 1943, to the present, have been able to being carried by corporations and only the people who are generating the manipulate the tax laws, or they have 27 percent by individuals? And why wealth in some way, then so be it. It is been able to convince and to do what- now is it so out of balance? It went our duty to take care of the general ever is necessary to get Government down even as low as 8 percent under welfare. decisionmakers, most of them on the Ronald Reagan in 1982. Eight percent Only elected officials have that duty. Committee on Ways and Means of the was the portion of the burden being Corporations do not have that duty. House or the Finance Committee of the borne by corporations while individuals Corporations would not be able to exist Senate, and the rest of us who vote for at that time were still at 44 percent. So if they assumed that duty. Whatever the things that they bring to the floor. you have a situation where part of the they say, attempt to project to confuse When the Committee on Ways and solution is we need more revenue di- us, they are not concerned with the Means comes to the floor, they will not rected at job training and education. general welfare except as a peripheral allow any amendments. That is the obvious way. There may be It is very difficult to make any ad- issue. some other things that can be done to If we are responsible, if the President justments, but as a Member I cannot solve the present problem. We need of the United States is responsible for tell my constituents that I do not have more revenue directed at job training the state of the American economy, some burden of guilt on me. Everybody and education in order to be able to get and the Congress and all the other who is a decisionmaker that allows out of the present bind where the work- elected officials who make decisions this to happen is guilty. We have been ers and individuals of this Nation are about the lives of people and who are guilty of allowing the American people slipping further and further behind responsible for keeping our society to be swindled since 1943, because the while the corporate sector, 5 percent of going, then we must take action to amount of taxes being paid by corpora- the population, is going ahead with deal with a transitional period where tions has gone steadily down to the higher and higher profits. things are happening that never hap- point now where it is 11.1 percent of pened before. the total tax burden, while the amount A just solution is the duty of the peo- We never saw prosperity before which of taxes paid by individuals and fami- ple who are elected, the President, was not shared by all of the people. We lies has gone up from 27 percent to 44.1 Members of Congress, Members of the never saw prosperity before which did percent. Senate, we have a duty to solve this not automatically trickle down. This We have created a reason for the problem. I see no other way to solve it trickling down stopped some time ago. American people to be angry at us, unless you have the resources to solve According to Mr. Thurow, we have been only you have to know how to focus it with. What would you do with the re- in this predicament for two decades your anger. You have a right to be sources that you gained from raising now, 20 years. We are still talking angry about high taxes. The taxes are taxes on corporations? You would use about trickle-down economics. not fair, not just. Individuals and fami- it to make an unprecedented education We are still talking about giving big lies are paying too much in taxes. You system in this country, an education tax breaks to corporations, letting heard this from a liberal, a progressive. system which nobody can sit and pre- them invest in activities which create Corporations, on the other hand, have dict what the components should be, jobs. Well, they invest, but they may swindled us because they are paying far but we could begin a process of work- make their investment in more ma- less than their fair share. ing at it with research and develop- chinery, more automation, more com- What we need is a balance of the tax ment, with implementation of experi- puterization, or they may make their burden. While we are trying to balance mentation, with the application of investment overseas. Wherever the the budget, we should consider bal- computerization and automation and profits will be highest or whatever ac- ancing the tax burden. We should not all kinds of new things which would tions produce the highest profits is rush into this. There is no need to be help enhance the education system, an what they will do. That is what they revolutionary about it. Let us move it education system for tomorrow that is are paid to do, but they must look at slowly and set as an objective an unlike any that exists now in Japan or the situation and say, what can we do equalization of the tax burden by the Germany, that is not the way to go. We in this situation? year 2005. need an exciting classroom that cap- One of the things that we have to do I agree with the President’s analysis tures the attention of young people and is look at taxation policies, because that we should not rush things and re- holds them. We need a classroom that only through gaining more revenue make Government in 7 years. Let us can put a youngster who is a slow will we be able to finance a transition take 10 years to remake Government. learner off into a corner and by use of period. I am sorry, that is one way. One Let us set a goal. Let us say that by some kind of repetitive action, either way to finance a transition period is to the year 2005, we are going to balance by a computerized program or a video- streamline expenditures, change our the tax burden and have corporations tape that he responds to interactively, expenditures and our priorities, and paying an equal amount of the tax bur- there are a number of things underway use the money that we save in Govern- den with individuals and families. If now which offer the answer for the fu- ment from changing the priorities and you set that kind of goal and follow it, ture. We need all of those things. We from eliminating waste to finance a you can only win the praises of the need to have every American school transition period agenda. The other people because that means taxes come have whatever is available. We know way is to reach into the area of pros- down for families and individuals. It that computerization requires that stu- perity, the corporate sector, and get means that nobody can make the dents be computer literate for tomor- more revenues to deal with the crisis charge of tax-and-spend when it comes row. We know that already. So there that we face. to families and individuals certainly. It should not be a school in the country Of course the knee-jerk reaction of means that fairness will relieve Amer- that does not have an ample supply of both parties is that this is a tax-and- ican families of a burden and the peo- computers. September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8673 Oh, they cost a lot of money, we that could be a part of a creative reve- have to give up something. If our city might say. Let us get whatever money nue situation. is broke, we want to be loyal and good we need to do that by cutting waste, Let me say to every State and every citizens and understand. setting priorities differently, and by city that you have a similar problem My message to you in New York raising new revenues where we need and many States now have surpluses City, New York State, is, yes, we want them. Those are the two approaches and are prosperous. Many cities are to be understanding. We should never, that we should follow. prosperous, but have little surplus. But never ever waste public money or pri- It is doable. The American people there are an equal number or a major- vate money. We should always be vigi- have to say it must be done. The Amer- ity of cities across the country who are lant, and in the process of pruning the ican people have to say, we are angry struggling to make revenues and ex- budget and making city government or and we know what we are angry about. penditures balance, so cities are in State government or national govern- We are angry and we are angry at Gov- great trouble. ment work efficiently and effectively ernment. We are angry at elected offi- There are a number of States in great as an eternal and ongoing process. Vig- cials and we have good reason to be difficulty in terms of making revenues ilance is necessary to make certain angry at elected officials. and expenditures balance, so you have that every dollar that is taken in in the same problem. revenue is spent wisely. That is nec- People say, well, why are they not There ought to be a clear message essary. We should do more in that area. angry at corporations? The corpora- sent out to liberals and to progressives, tions took their jobs. That is a waste of and the people on my side of the aisle, On the other hand, do not accept the energy. Corporations are in business to Democrats, whatever name you want idea, do not accept the propaganda make money. Therefore, you have to to take or want to be called, we need to that the city is broke automatically or turn to your elected officials and say preoccupy ourselves. We need to focus the State is broke. In New York City, to the elected officials, you have to far more on revenue. Revenue policies for example, the revenue possibilities hold the corporations in line in terms and tax policies have been neglected by are as great as ever. of their responsibilities, and their re- the progressives and the liberals. We do New York City once had a City Uni- sponsibility, the major contribution not have any new ideas to propose. versity that was completely free. No they can make, is to generate more We have not seen any new ideas for a tuition was charged at all. That was revenue where revenue is needed in long, long time. Somehow we think during the Depression. During the De- order to finance a transition period that that is the dirty part of it. We will pression we had a free university; the while we deal with the problem of a de- just focus on the expenditures and set revenue being generated was meager. clining standard of living of American priorities and talking about people’s But this was because the people who families and American workers. needs, all of which are necessary. were in charge of the government, the Herein lies the solution. I think we People need Medicare, and we are decision-makers, the elected officials need to appoint a tax commission, a going to fight hard to make certain felt it was important, important to the commission on creative revenues. I that Medicare benefits are not cut. We people and the people in charge of the think we ought to have a commission are going to fight hard to make certain government, their families were the similar to the base closing commission, that Medicare premiums do not go up. people who were going to those free some kind of objective group of experts We do not want senior citizens eating universities. who would come back to the Congress dog food in order to pay for their medi- Now it is a bit different. The power is and the President, and we would have cine and medical care. We are not in the hands of a different set of people, the final say, Congress has the final going to change in that area. and they have imposed tuition, and word on the base closings commission. Liberals will be liberals. The Nation they are now saying, we cannot keep For years we could not close bases, for cannot exist without us. We are going going; we have to cut back. The result years, they were an inefficient, waste- to fight hard to get the school lunch is that large numbers of people who ful operation out there and it has not program back on track so that little qualify, students who qualify and been totally solved. The base closing kids will not have to sacrifice their should be in college will not be able to commission has problems, it is not per- lunches to balance the budget. go to college. We do not have to make We are going to continue to do all of fect, but we are moving at a much that sacrifice. more reasonable, scientific, logical way those, but some amount of energy must be addressed to the revenue question. What the college professors in New to close down bases than we ever did York City should do is put their brains before. Hard decisions are being made In all of this, Ways and Means will be the star. Ways and Means will be on to work and talk to their students and by the base closing commission in con- the front stage here in the Congress link up with elected officials. In New nection with elected officials. Let us and across the country. York City you ought to have a discus- have a creative revenue commission You have already budgets of cities sion of creative revenue policies. What that does the same kind of thing. In- and States that have made drastic are the creative revenue policies to stead of relying on the Committee on cuts. Large numbers of people, say in make us more aggressively take advan- Ways and Means, which has sold us out, the City of New York, in my district, tage of the fact that New York City is which has swindled the American peo- have told me we do not want to make strategically located? It is strategi- ple since 1943, since the corporate sec- these sacrifices. We think we still need cally located and has a harbor, a ship- tor started getting greater and greater these services. We think that old peo- ping industry, is strategically located breaks, paying less and less taxes and ple should have home care because in terms of air lanes coming from Eu- the individuals and families started home care makes more sense than rope. There is a big volume of travel paying more, you have a situation nursing homes. We think that we business from overseas that comes into where our interests wee not being should still have decent meals for el- New York City. served by the Ways and Means Com- derly people because that keeps them The city has been giving that away mittee or the Senate Finance Commit- healthy and it saves money in terms of for decades. There is a Port of New tee. The political process has broken hospital care. York and New Jersey Authority. That down. And we want to continue our senior Authority is an independent authority. b 2000 citizens programs. We want to continue That Authority pays interest on bonds. our programs for young children and That Authority is run by people who And it seems never to be able to get make certain that those immuniza- have salaries which are twice the sala- itself together again. tions take place. And if that means we ries of city officials or State officials, I do not have any faith, there are no have to have some outreach workers to as most public authorities do. They do proposals on the table to give you any make certain that certain kinds of peo- not have the same level of salaries as reason to believe that it is going to ple get those shots, then we want to do people who are public officials. They start self-correcting. In the absence of that. We want to continue. make decisions, often bad decisions, self-correcting, we need outside forces. But we realize the city is broke. We without any accountability to the tax- We have brilliant people in America are willing to sacrifice. We know we payers or the voters. And they have H 8674 CONGRESSIONAL RECORD — HOUSE September 7, 1995 been doing that for years. They have now, 2 million people. And police al- Every Eastern European country, been squandering money for years. ways make conservative estimates; you could have an exchange program. New York City citizens could be more this is the police estimate. There are a thousand ways that we aggressive in taking back the source of Last Monday on Labor Day, 2 million should take the initiative and say that revenues generated for the Port Au- people turned out for the West Indian we liberals and progressives are going thority of New York and New Jersey. parade. They do not call it a parade, it to seize the initiative and force new ac- This is just one example that we have is a carnival. They set up food stands. tivities which generate revenue. been talking about for years, but very You cannot walk, there are so many And on the national level as well, few people have done anything about people spread along the parkway. Peo- this is a diverse Nation. Instead of it. ple come from all over the world be- bashing immigrants, we should look at We have a Republican mayor that I cause you have people of Caribbean de- what that means in terms of a tourism disagree with on a number of other scent in Canada and London. They industry. Our initiatives in tourism are things, but he has taken the initiative come for the carnival and parade, 2 paltry as a Nation. States do a better and he has made it quite clear he is not million people. job of encouraging tourism. But na- going to tolerate the continued swin- Can you imagine how much revenue tionally, we are not in the same league dling of New York City by the Port Au- the industry receives from the impact? with Italy and France. They know how thority. Those who come from outside have to to promote tourism. They do whatever New York City has a large tourism have hotels. They have to travel in. All is necessary to make certain that peo- business, in fact, probably unequaled in kinds of expenditures that come from ple come from the outside to spend the country. The largest industry in the outside. Those who are on the in- their money in their countries. They the New York City is tourism. This has side spend money in great volumes for have all kinds of tricks and special not come home to most people. It has the various things that are for sale. coupons for gasoline and all kinds of been happening for the last 10 years, And the city has ways to collect this tricks, not tricks, but options, induce- revenue, but it turns over the econ- but they have not gotten the message. ments, incentives. It is the second largest business in New omy. If the city collects not a dime, We do not do that. We are arrogant York State. the people who are selling the wares about it all. They are going to come or Agriculture is still the largest indus- and participating in the activity are not come. We will encourage a few earning money in a way which gen- try in New York State. But in New things by sending out brochures, but erates money for the overall gross in- York City, tourism is the number one revenue can be generated for the whole come of New York City. industry. Why? Because New York City country if we just organize better the is strategically located, as I said be- Here is a tourist event started by amateurs that generates this kind of tourism industry. fore, in terms of traveling, but it has a Mr. ABERCROMBIE of Hawaii is dis- money. What if the city planned and history that interests people all over gusted by the fact that he cannot get made planning to have some kind of the world. It has monuments that in- festive every week of the year with a an adequate response to the growth of terest people. the tourism industry. I will not dwell There are things in New York City different ethnic group? And we have a City University sys- on that. That is just one example. that the world will always be inter- tem which has 200,000 students. This is I want to bring it home to New York- ested in. Most people in their lifetimes before the budget cutbacks and the ers. Instead of despairing, you have a across the whole Planet Earth would raising of tuition, but I suspect it is mayor that says the city is broke. We like to see New York City sometime in hovering around 195,000 students. You cannot do any more. We are going to their lifetime, once in their lifetime. A have 200,000 students in the City Uni- have a different standard of living and lot of people say, I do not want to live versity system. This is not the State quality of life. City University cannot there, but I would like to see it. And university, just the City of New York. only not be free, but we are going to that is one of the greatest advantages. You have all those professors. raise the tuition so that it is going to Tourism. You could have an institute for each be as high as Ivy League schools. The fact is that New York City has a one of the ethnic groups in the city. An b 2015 diversified population, these terrible institute which would help plan these immigrants that people talk about. We things. You could have a welcoming In order to have a different solution have more than anybody else. We have committee for the visitors from Indo- in New York City, the liberals, the pro- a greater mixture. There may be some nesia, Pakistan. You could have a wel- gressives, have to concern themselves place in the country that has certain coming committee organized by the also with taxes and revenue as well as immigrant groups that are larger, but city so that the activities are orga- streamlining new priorities, setting we have the greatest mixture in New nized and the middle-class families of new priorities. At the national level, York City. We could double the tourist the world who are traveling, you can the priorities are all mixed up. industry if the decision-makers in New come to New York and expect more Today we had a vote on the defense York City, the city council and the than just to see the sights. You can ex- appropriations bill, and while this Na- mayor would say, we are going to take pect to be welcomed and have some of tion needs to be investing in research this diversity and build on it. your human needs taken care of. and development and needs to be creat- The fact that we have people from You take China. We have a large Chi- ing skilled workers to insure that to- China, from Bangladesh, restaurants, nese population in New York. The best morrow’s highways, brainpower indus- Pakistani, Vietnam, to say nothing of Chinese food in the world; a politically tries generate much of the employment all the Caribbean countries, you could active population. in the United States, going back to Mr. have a festival in New York City every China, with 1 billion people and grow- Thurow’s article, while we should be week of a different nationality or dif- ing, broken out of economic stagna- doing that, instead of investing in re- ferent ethnic group and promote the tion. China is creating a middle-class. search and development and in edu- kind of thing that brings people into If you have a billion people and 1 quar- cation, we made dramatic cuts, drastic New York City in large numbers to ter of that billion people become mid- cuts in research and development and spend their money in various ways. It dle-class, that is 250 million people. If 1 in education. is a gold mine. The diversity of New quarter of the 250 million decide to Before we went on recess, we had an York is a gold mine. make a trip to New York once every appropriations bill for education, Let me give you one example in the year, we would be overwhelmed by Chi- health and human services and edu- heart of my district on Eastern Park- nese tourists. But they are coming. It cation. Specifically, education suffered way. In the heart of the 11th Congres- is going to happen. about $3 billion in cuts. The Head Start sional District we have a West Indian You can double the revenue from program, for the first time in history Labor Day parade. It has mushroomed tourism. You can double the economic of the program, was cut. The title I in 20 years from a few blocks to some- activity from tourism in New York program was cut by $1.1 billion. thing like 50 blocks, and it is the larg- City if you plan for it and if you en- It is the biggest cut. It is the biggest est tourist event in New York City courage it. program. Title I is the only program September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8675 that funnels Federal funds into public with the CIA. Not only are we funding render expertise on these decisions say. schools, into elementary and secondary a wasteful operation, but the Aldrich ‘‘We do not want the B–2 bomber,’’ and schools. Ames affair shows we are funding a yet the amendment to delete the B–2 At a time when we need to be in- dangerous operation where people are bomber on the floor of this House, de- creasing our brainpower, improving our in high places, are allowed to get to spite the fact that both Republicans educational system, even the programs high places because of a lack of ac- and Democrats supported the amend- that exist already are drastically cut. countability and standards, and an out- ment, Republicans came over in large Large numbers of job training pro- right bum, an outright bum was al- numbers, led by the chairman of the grams were wiped out. They say they lowed to rise to the top where he was Committee on the Budget, the Repub- do no good and, therefore, they should directing the agents who were related lican Committee on the Budget, the be wiped out. to Eastern Europe and the Soviet man who, despite the unpopularity of But we have had some weapons sys- Union, and Aldrich Ames is responsible it, will put his vote where his philoso- tems and some activities in govern- for the death of at least 10 agents, at phy is, it still lost by 3 votes. It still ment that have had problems that did least 10. He is not talking yet. He is in lost by 3 votes; by 3 votes, the Members no good. We do not wipe them out. The prison, but not fully talking. But they of Congress, Democrats and Repub- CIA has been in trouble for a long time. have admitted that he has caused the licans, said, ‘‘We want to keep a weap- The CIA is a great embarrassment to deaths of at least 10 agents. on that everybody says is wasteful.’’ everybody. We do not wipe it out. We He has received at least $2 million Over the life of the B–2 bomber pro- insist on restructuring the CIA, get a from the Soviet Union. Even after the duction, we are talking about $30-some new director, have some new codes, ap- cold war ended, he was still on the pay- billion. Right away I think $30 million point a commission. Nobody wants to roll, and it was estimated that he was is involved in the next year’s budget wipe out the CIA. supposed to go, in the end, go to Rus- over the life of it, we are talking about We do not even cut the CIA. One of sia, and there was a big mansion built $30-some billion, and yet Republicans the items on the floor of the House for him. I suppose they are going to put and Democrats say ‘‘no.’’ today was an amendment to cut the him in the annals of history because What is the reason for rational peo- portion of the CIA budget which deals who else has made such a fool of the ple, elected by the people of the United with satellite activities, information- American intelligence community, this States, to fund a weapon that the ex- gathering activities only, which is esti- man in high places who broke every perts do not want, that the military mated to be about $16 billion. We have rule. He was a drunk, an alcoholic. He people do not want? What is the ration- to say estimate because we do not used safe houses. We probably have ale for that? know the details of the CIA budget, of beautiful safe houses that we pay a lot I will not answer that question. I will the intelligence budget. You are not al- of money for across the world. He used let you call your Congressman and ask lowed to do that unless you want to go safe houses for his sexual escapades. them how they voted, and let them an- to the secret room and, not a secret He broke all the rules. But he was swer it. But it is clearly an example of room, go to the room where the budget the son of a former CIA employee. He how the priorities that we need to be is as a Member of Congress, and behold was a member of the old-boy network. shaping for this transitional period are the budget of the CIA and the other in- So he was allowed to do this because not being dealt with. telligence gathering activities. Once the agency is not into anything of We do not need any more money from you look at it, you cannot talk about great significance. If it had been into taxes, either for families and individ- it. Nobody wants to go and look at it some significant activity, he would uals or corporations, until we elimi- because they are muzzled. You cannot have been exposed a long time ago, nate those kinds of wasteful activities criticize. You are a traitor if you talk with Aldrich Ames’s traitorous activi- and wasteful weapons systems. about it after you look at it. Every- ties, with the death of 10 agents, at We are not living up to the promise thing is topsecret. least they admit 10 agents dies, peace that we made in terms of streamlining So estimates that are never disputed and war have not been affected at all. the budget. The President made it. The are that $28 billion goes into total in- Nobody will say that he had any im- Democrats made it. And the Repub- telligence operations, a minimum of pact on peace and war in the world. No- licans made it. And yet there are tre- $28 billion. In the past we have had a body will say that he had any impact mendous examples of waste, all of budget amendment on the floor to cut on the security of the United States, which I will not go into. We will not the CIA budget by 10 percent totally because whatever those agents knew deal with the farm program. We will across the board, the intelligence budg- and whatever games they were playing, not deal with the subsidies that go to et. That 10 percent of $28 billion would whatever cop-and-robber activities the farmers in Kansas, which average yield $2.8 billion a year. We said do it they were engaged in were insignifi- between $30,000 and $40,000 per family, for 5 years so the CIA budget is cut in cant. and it has been doing that for the last half. Most of what Aldrich Ames was doing 20 years, and they will not cut those Today we were proposing less, just a in getting people killed was insignifi- subsidies. Farmers are no longer the portion of the CIA budget which deals cant to the welfare of the people of the poor people that Franklin Roosevelt with intelligence-gathering operations, United States, insignificant to the se- decided to subsidize. with satellites and military aspects of curity of the United States, and yet Farmers are corporations now. Only 2 it, which is estimated at $16 billion. We the Democrats and Republicans both percent of the population lives on were going to cut that by 10 percent. refuse to cut the CIA budget just 10 farms. But look at the size of the budg- That is $1.6 billion. percent. et, between $12 billion and $20 billion, When we first introduced the amend- That is not the only major vote that which go into various farm programs. ment to cut the CIA, we got 104 votes. was on the floor of the House today. We could move to seriously cut the The second year we introduced it, we There was a vote for the B–2 bomber, waste and take that waste and put it got 107 votes. Today we got less than 95 an amendment to strike the B–2 bomb- into job training, education, research votes. er from the appropriations bill. The B– and development, and deal with the In a time when the state of the emer- 2 bomber the President says he does problems Mr. Thurow talks about. We gency is beginning to manifest itself not want or need. The Joint Chiefs of could deal with the problems that we clearer and clearer every day, at a time Staff said, ‘‘We do not want or need the are in a global economy, and our great- when it is clear that we need to devote B–2 bomber,’’ that whatever functions est asset will be an educated popu- some resources to deal with the eco- the B–2 bomber could serve can be lation, a highly skilled population, a nomic emergency that we have in this served in other ways that are more ef- population that is fueled by economic country, the Members of Congress, fective and more efficient. The chief of activity that becomes more and more Democrats and Republicans, refuse to the Air Force says they do not need the complex all the time but stays ahead of cut a wasteful CIA budget. B–2 bomber. The Secretary of Defense our competition in the rest of the Aldrich Ames and his capers have says, ‘‘We do not want the B–2 bomb- world. This is the answer to the prob- shown us something is radically wrong er.’’ All of the people that we pay to lems that Mr. Thurow lays out. H 8676 CONGRESSIONAL RECORD — HOUSE September 7, 1995 We can talk in empty terms about Mr. CHABOT. Mr. Speaker, I really going to be joining us in just a few family values all we want, but unless appreciate the opportunity to share minutes here, and is from Arizona. we increase the wages of American this evening with the C–SPAN viewers So at this time, Mr. LEWIS, what do families, families will continue to fall and some of my fellow colleagues who you hear back in Kentucky? apart. Mr. Thurow says that in the I am going to introduce in just a mo- Mr. LEWIS of Kentucky. Well many modern economy all over the world, ex- ment. We are going to have approxi- of the same things that you have been cept in Japan, there is a phenomenon mately an hour colloquy here this hearing. My constituents are saying, which has been documented all over evening. ‘‘We are not concerned that you’re the world, except in Japan, men are The topic basically is we just got going too far. We just don’t want you leaving their families in order to deal back to Washington yesterday. We to not go far enough.’’ with the economic crisis. That is a ter- have spent the last month in districts And they want a balanced budget. rible indictment of males, but males all over this country talking with the They want to see a future for their are faster to leave their families than people that we represent. children and their grandchildren, and I females. Everybody knows that. Males I, for example, had a town meeting in have told them that I believe with all are leaving their families all over the a community, a township of Delhi, we my heart that the 104th Congress is to- world in order to deal with the crisis of had a town meeting in Colerain Town- tally committed to balancing the budg- not having enough wages to take care ship. I visited a number of senior citi- et. One thing that they said that they of their families. They run away. When zens’ centers around my district, would like to see come out of the Sen- men leave their families, their individ- toured factories, really to find out ate would be the balanced budget ual quality of life improves because all what it is on people’s minds back in my amendment that will insure that fu- they have to do is take care of them- district. ture Congresses will be committed just as much as the 104th to a balanced selves while the family’s quality of life b 2030 that they left behind goes down. budget, that they would have to be. I He points out if women start doing And it was a very, very positive re- think that is an extremely important that, we are in real trouble. If women sponse for the most part. The thing thing because, if we go to the trouble start to opt out and leave their chil- that I heard probably more than any- of balancing the budget and doing dren, then only the Government de- thing else is we really like the fact those things that we have to do in cides. Somebody has to take care of that you and most of the freshmen in order to do that, I would hate to see a them. We will be in the position of hav- particular, and some of the other Mem- future Congress come along and start ing them shot down in the street like bers that you have been working with, running up a tremendous debt again. they are shot down in the street in kept your promise. You did what you But across-the-board I saw a lot of Brazil. Orphaned children, with no said you were going to do in the Con- positive responses to what Congress homes, are often killed wholesale at tract With America, and they were has done already; as you mentioned, night in Brazil. Their civilization has very, very pleased that we have been the Contract With America, that we come to that. doing that. kept our promises now that we are I conclude by saying Mr. Thurow’s On the other hand, they have been a moving forward with doing exactly article should be read by every Member bit disappointed with how slow the what we said we would do in balancing of Congress, by every voter out there, Senate has been moving on a number of the budget. just to get an analysis that is mainly these things, so I did hear that a num- I talked to my constituents about objective. He is respected. He is not a ber of times, but they were very posi- the problem with Medicare, that it liberal; I mean he is not an ideologue. tive about what has been going on in would go broke in 7 years unless we do Take a look at his facts. Take a look at the House, and there were many, many something about it, and they under- his compilation of what is going on in things that we talked about. stood that. They want something done, the world and in this country and un- Particularly the one issue that kept they want it saved, and they want it to derstand the economic implications. coming up time and time again was the be secure for the future, and I think We have to do something about the importance of balancing this budget. that now it is a matter of putting phenomenon where no country without The people out there realize that the something together that is going to be a revolution or a military defeat and budget is just too large. This institu- acceptable to them and to everyone subsequent occupation has ever experi- tion, Congress, has spent $5 trillion concerned. enced such a sharp shift in the dis- more than it has brought in over the So, I had a great response across the tributions of earnings as America has past couple of decades, and the deficit district, and I think that from talking in the last generation. At no other is just too, too large. The American to my fellow and lady Congress persons time have median wages of American public, people in my district, realize that they are receiving the same re- men fallen for more than two decades. that. They want us to do something sponse that I did. I just think that we Never before have a majority of Amer- about that, and the message came need to carry through now with what ican workers suffered real wage reduc- through to me loud and clear that they we have promised to do from this point tions while the per capita domestic believe that the answer to balancing on and make sure that we do save Med- product was advancing. this budget is not to raise taxes, but icare, that we do balance the budget, We are in a unique period, a transi- rather to cut spending, and I have that we do take care of the welfare tional period. The only people who can talked to a lot of my colleagues here, problem, that we take care of regu- solve this problem are members of gov- and I think that is what their frame of latory reform, that we take care of ernment, the President, the Congress, mind is and what they believe we ought making sure that we have a strong de- the elected officials all over the coun- to do. fense. try. It is our duty to bite the bullet and So at this point I kind of would like You know, there are a lot of things come up with some solutions to this to introduce a couple of my colleagues that we are waiting, as you mentioned drastically changing economy and soci- that are here this evening. a minute ago, for the Senate to follow ety. First of all, let me introduce Mr. up on, but I think, when it is all said I hope that in the next few weeks MANZULLO. He is from Illinois. And and done and the smoke is cleared, we ahead we will bear this in mind. then we have a good friend of mine, Mr. are going to be there with all the prom- f JONES, who is from the State of North ises kept. Carolina, and I mentioned this, I think, Mr. CHABOT. Mr. JONES, what are KEEPING THE PROMISE last time, that my mother is from you hearing in North Carolina? The SPEAKER pro tempore (Mr. North Carolina. She was born and Mr. JONES of North Carolina. Well, HOEKSTRA). Under the Speaker’s an- raised in Charlotte, NC, so she always pretty much the same thing RON was nounced policy of May 12, 1995, the gen- likes to hear you speak. And we also talking about. tleman from Ohio [Mr. CHABOT] is rec- have here Mr. LEWIS from just across As you know, I am delighted to be re- ognized for 60 minutes as the designee the Ohio River from me in the State of minded that your wonderful mother is of the majority leader. Kentucky. And then Mr. HAYWORTH is from Charlotte, NC, a great city in our September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8677 State of North Carolina. I happen to they have had in a Congress in a long only about two questions on Medicare have the eastern part of the State time. because they registered completely, which actually I have the coastal Mr. CHABOT. Good to hear it. understood, what was going on and areas. I have 19 counties, and I had the Sounds like the people in my State of then went on to questions about our privilege to be in 15 of the 19 counties. Ohio are saying the same types of legal immigration laws. There had I actually worked all but 3 days during things that we are hearing both in Ken- been a 30-minute documentary about the recess, so it gave me an oppor- tucky and in North Carolina. our illegal immigration, and I left tunity to do numerous radio shows and How about in Illinois? What are you there a little bit perplexed because the speak in the civic clubs, speak in the hearing? people of this country underestimate senior citizens groups, church groups, Mr. MANZULLO. Well, everything is the intelligence and the willingness to and really getting out among the peo- alive and well in Illinois. It is a mag- be part of the solution of the seniors ple to listen to the people, and, pretty nificent district that I represent, and I and the seniors will not become politi- much what the gentleman from Ken- think one of the most interesting cal pawns in the hands of either party. tucky said, I found the majority of peo- things that occurred, we had a series of What they really appreciate is the fact ple are relatively positive about what three town meetings. It is the district that the Republicans have taken the the new Congress is doing because, as that is well served by media, and some initiative to really delve into a highly my colleague said, we are following of the Members had as many as 30 town controversial area, an area where peo- through on our promise to the Amer- meetings in order to get across the ple said what you mentioned, Medicare ican people during the campaign, and it stretches of their congressional dis- as the third rail of political death. trict, and fortunately we have an area is a promise that we kept with the That is not the case because the Re- that can be served by the media so that American people starting with the first publicans under the leadership of Mr. we can have fewer town meetings, 100 days in the Contract With America. GINGRICH, who came right out and said spend more time in preparation, more we have got a problem, let us meet the As my colleague said, the majority of time at the meetings, et cetera, and we problem head-on with the seniors of comments I heard about the major is- decided to have a town meeting at one this country, let us be honest with sues that we are dealing with is first to of the senior citizens high rises, retire- them, let us tell them what the trust- balance the budget. During my presen- ment homes, and put on this dem- ees’ report is showing, that the system tation, it always started with what a onstration with overheads showing, as is going bankrupt, and let us rely upon $4.9 trillion debt does for our children WALTER did, that, regardless of how and the fact that a child born in 1995, you look at it, there will be no money the integrity of the seniors of this he or she, if they live to be 75, owes for Medicare by the year 2002. country to understand the true mes- $187,000; that is their tax responsibility I mean you can talk about people sage, and that is what I found having just to pay the interest on the debt if having to receive less, if that is the crossed the district. we do not balance the budget. So, I was case, and people said, ‘‘Well, gee, that I tell you I am so proud of the seniors very pleased to start the discussion off is going to hurt here and everything,’’ that I represent, and they are indic- with the fact that we are talking about and I said, ‘‘Well, remember this thing ative of seniors across this country. I the future of our children, or maybe will be broke by the year 2002 unless we think it is absolutely remarkable how the lack of a future, and then I closed do something to really radically trans- fully they comprehend the problem. by talking about Medicare, wanting form the system of Medicare,’’ and I Mr. CHABOT. I think that is exactly the people to know that we have a seri- said, you know, as you mentioned, that right, and you know you brought up ous problem which was acknowledged in this meeting that there are some- Medicare, and you also mentioned the by the Medicare trustees and that by where between 1 and 3 million people. I trustees and the report. Maybe we the year 2002 the Medicare trust fund am not sure of the number of former should talk a little bit about that; you would be bankrupt. Federal employees who are still on the know, the trustees’ report included The other side, primarily the lib- big FEHBP health insurance plan that three of the President’s high adminis- erals, keep saying that we keep attack- most of us still have, whether you trative officials. There were Democrats ing the Republicans’ side, and yet I am work for the Department of Agri- and Republicans who studied Medicare pleased to tell you, my colleagues, to- culture or you are a Member of Con- in depth and came out with a very de- night that the majority of people that gress. You can opt 1 of 30 different tailed report that said, if we do nothing I spoke to sincerely understand that plans. about Medicare, it starts losing money we, the new Republican majority, are Mr. Speaker, I said, ‘‘Do you realize next year and goes bankrupt by the committed to preserving and protect- that there are seniors in this country year 2002, which is 7 years down the ing the Medicare trust fund for our sen- that have health insurance in lieu of road. ior citizens. Medicare where they have prescriptive, b 2045 So, I can honestly tell you that, like dental, and optical coverage,’’ and they, sort of stunned, looked at me, So I think all of us here tonight and my colleague, I was very pleased and all the Republicans I have talked to, very humbled by the confidence that and they said, ‘‘Well, how is that done?’’ and I think in fairness some of the the majority of people in my district I said, ‘‘Well, essentially what the Democrats too, are committed to sav- feel toward this new majority that we Federal Government really does is it is ing Medicare. It is absolutely critical will do what is necessary to tackle a voucher, it is interjected, the private, to seniors, it is critical to those who some of the most serious problems fac- private enterprise, into a stagnated will be seniors down the road, we have ing our Nation, trying to find a solu- governmental system and offering sen- to save Medicare. tion to those problems. So I can hon- iors more. Can you imagine that; more Now, let us be frank about this: estly tell you that I was well received, coverage because of the private sec- There is a scare campaign that has not just me, but this new Republican tor?’’ been going on, we have heard it on the majority, and the people, we are help- And I said what the Republicans are floor here now for some weeks and ing to rebuild the trust that I think so trying to do is, if you want Medicare months even, where some liberals are many thought America had lost in the way it is, you do not have to do trying to scare seniors and saying elected officials because, as my col- anything. You automatically are en- there is a plan to cut Medicare. I think, league said, we are keeping our prom- rolled. You want to try a new plan? once and for all, we need to put that to ise to the American people, and they Come the anniversary date or the opt- rest. None of us are talking about cut- know that we are very serious about ing-in period, you get into that, and I ting Medicare, period. We do need to trying to find solutions to very dif- said, you know, we are trying to exper- save it. ficult problems. iment with ways to bring down the cost What we have been doing back in the So I am pleased to tell you tonight of Medicare and possibly even increase district is we have been talking to sen- that right now I believe that the Amer- the coverage. iors and getting their ideas. One of the ican people have more confidence in And so we talked about 20 minutes, things I heard from seniors is that they this new Republican majority than and this was all seniors, and there were believe there really is a lot of waste, a H 8678 CONGRESSIONAL RECORD — HOUSE September 7, 1995 lot of fraud in the system right now. up here in Washington telling them an opportunity to take a look at all People have been overcharged. Hospital what their health care should be like these incredible student exchange pro- bills have come through for things that or what doctors they should go to. I grams. USIA carries them, about 42 dif- they did not get the service for. thing that is important. Let seniors ferent agencies carry them, over $2.5 One lady gave me some horror sto- have a high quality of care, continue to billion a year. In fact, I just got a re- ries, and I just happened to clip an ar- have a high quality of care, and have quest to meet with a member of the ticle out of the Washington Times them have choices. Italian Communist Party, brought over newspaper recently. It is a short arti- Mr. LEWIS of Kentucky. If the gen- to this country, paid for by the USIA, cle. I would just like to read this. I tleman will yield, I would just like to so he can talk to American legislators found this very interesting. reemphasize the fact that there is not about elections and democracy and Representative JOE KNOLLENBERG, Michi- a cut in Medicare, there is an increase things of that nature. gan Republican, in spending over the next 7 years. It There has to be some good in every He is a Member of Congress here, will go from $4,800 per recipient per program, and I am itching my head, or scratching my head trying to find that Tells the story of a Michigan woman year on average to $6,700. That is an in- named Jean English, who, while going crease. one. So I had moved to the Committee through the mail of her recently deceased What we are trying to do is to hold on International Relations to cut out brother, found a bill for his last hospital the rate of growth to what the private $40 million worth of these programs. I stay. Her brother, who suffered a terminal sector is, approximately 6.5 percent. If did not get too far there. So I filed an illness, died only a few days after being ad- Medicare continues to grow at 10, 11, 12 amendment on the floor for regular de- mitted. The bill for the four-day period came percent, of course it will go broke in 7 bate. And goodness gracious, USIA to over $368,000 years. Slowing the rate of growth, but called people back in the district. For 4 days, $368,000. increasing the amount that the recipi- I got a fax, one of the nastiest faxes, All of it had been forwarded to Medicare ents are going to receive, and giving from a State university not located in for payment. Shocked by the expense, Mrs. senior citizens a choice, as you have my district, written by the woman in English called the hospital for an expla- been talking about and as DON has been charge of these exchange programs, nation. What she got was a 14-page itemized discussing, and providing money. three-page fax on letterhead, ‘‘How statement. The greatest expense? A seven- The SPEAKER pro tempore (Mr. dare you be so unkind and cruel in cut- hour, HOEKSTRA). The Chair is compelled to ting these programs.’’ And she went on and I will repeat that, remind all Members that remarks in for about two pages, and then at the seven-hour stay in the emergency room, debate are properly directed to the end, ‘‘I am going to organize my according to the bill, required over $347,000 Chair. It is not appropriate to address friends and vote against you.’’ That did worth of supplies. others in the second person or to refer not bother me. She did not live in the Well, after much hemming and hawing, to colleagues by their given names. A district anyway. says Congressman KNOLLENBERG, the hos- pital admitted it had made a mistake. In- Member properly refers to a colleague So I called the president of the uni- stead of over $347,000, the actual charge as the gentleman or gentlewoman from versity. He was not in. I talked to the should have been $61.30. That is right, $61.30. Indiana, Michigan, or Ohio, or what- assistant and got back a three-page fax An overcharge of over $346,000. The problem ever State may be concerned. from the attorney for the school. He was found. The gentleman may proceed. said, ‘‘I don’t see anything improper in End of story? No. The errant bill had been Mr. LEWIS of Kentucky. Mr. Speak- people on our staff lobbying Members sent to Medicare and paid by Medicare. That er, I think that it is important that we of Congress.’’ Mind you, they are using is right, they had paid the bill. emphasize the fact that we keep hear- Federal dollars if you stop to think So this is the tip of the iceberg, one ing from some of those in the House about it, especially in her program, example. What we need to do, one of that we are cutting Medicare. It is just ‘‘ * * * lobbying Members of Congress. the things I think is we need to get not the case. Then we keep hearing Perhaps her letter was too strong.’’ seniors involved in giving them an in- that we are going to take from Medi- Then he went on for two pages of his centive to closely look at those bills care and give to the wealthy tax own to extol the virtues of these pro- and see if they are being overcharged, breaks. That just is not the case. grams. and perhaps give them a percentage, We are looking at allowing families There is this mentality. You have some kind of incentive for them to that today are paying almost 40 per- heard NIMBY, not in my backyard. One look through the bills and help us to cent of their income in taxes, average is cut everybody’s program except reduce the costs which have been soar- family, to give them an opportunity to mine. I got editorialized because the ing out of control. have a $500 tax credit per child per fam- newspaper back home said Mr. Mr. JONES. If the gentleman will ily. That does not seem like a tax MANZULLO did not want to cut the Ful- yield for one moment, I used a chart break for the rich. We are looking at a bright scholarships because those are that showed that each year there was capital gains tax cut that is going to be popular with politicians and their kids. an estimate, that each year fraud, good for everyone that wants to sell a I moved to cut everything. waste and abuse amounted to $44 bil- piece of property or an investment. So in the end we compromised and lion a year charged to the Medicare It just seems like that every time cut out $20 million in those programs. Trust Fund, and that is exactly the ex- that we talk about anything in this I got a call from the staff of Inter- ample of what you just gave. House, Mr. Speaker, that we are trying national Relations, and we worked out I did find my seniors, quite frankly, to cut spending, we are trying to allow a compromise. We saved $20 million they had examples that applied to some tax credits and tax breaks for in- just like that. And yet you have to them as individuals or friends or fam- dividuals and families, that it is a tax look people in the eye and say if you ily members. So there definitely is break for the rich. We have heard that want to do something about this $5 waste, fraud and abuse that we as the from the school lunch program, from trillion national debt, which according new Republican majority, we are going everything that we have attempted to to a chapter called Generational Fore- to deal with that problem and try to bring the budget into balance, that the casts that appears in the budget that reduce and eliminate. So I appreciate American people are asking for. It says by the time every child born after your sharing that with us. seems to me that every time we hear 1992 enters the work force he or she Mr. CHABOT. I believe there should that, they are crying wolf on every- will have an effective tax rate of be- be, and we have gone through and real- thing. tween 84 and 94 percent, that is guaran- ly established a criteria. The only bill Mr. MANZULLO. If the gentleman teed socialism. It is a guaranteed col- that I personally would support is one, will yield, I got into a very interesting lapse of our republic as we know it. We for example, that continues to allow controversy. I tend to get into those have to be stern and say this country is seniors to have the choice to choose once in a while. Whenever you take an going to collapse unless we stop that their own doctors, to make things so oath that you are trying to cut spend- kind of spending. they would have a series of choices to ing, that happens. I sit on the Commit- What I found is that if you tell people make, but not to have some bureaucrat tee on International Relations. We had that, they say, ‘‘Well, but let me tell September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8679 you about this program of mine be- truly needed help. But they felt it are eaten up by the cost of govern- cause it is an investment.’’ You know, ought to be temporary; it should not be ment, is there not a better way to at- you can take a look at any 1 of the a permanent way of life. Unfortu- tack the problem? Is there not a better 10,000 programs we have in the Govern- nately, far too often that is what it has way to have a true safety net that is a ment, and most of them will have some become, and in fact you have got gen- trampoline instead of a hammock? good that comes out of them. eration after generation after genera- I learned a lot in meetings with our I had a young man in my office who tion of people who are receiving wel- constituents in the district. A lot of came from Russia, an 18-year-old kid. fare and just never get off. people were saying, you have got a lot You can tell that some day he is going Mr. HAYWORTH. Mr. Speaker, if the more you have to get done. There is a to be a leader in that country. We gentleman will yield, it is good to be lot more we want to see done. We sent talked for a half an hour. He had come here with my colleagues this evening you to Washington to make a change. over to this country, 1 of 6,000 students to discuss the matters at hand and Of course those same constituents ac- who came from the old Soviet Union, what we learned on our summer vaca- knowledge that it is very difficult in 8 at a cost of $30 million a year, paid by tion, among the constituents of our re- to 10 months to transform a policy of the American taxpayer. spective districts. I think it is also im- highly centralized power that has Does the program have worth? You portant, as our good friend from North taken over four decades to concentrate bet it does. But we have got to draw Carolina pointed out, that sometimes here in Washington. the line and say where does Congress things are misunderstood or But in addition to that, I get letters have the authority to spend money we mischaracterized. from all over the country. Indeed we do not have? For example, I listened with interest have people, Mr. Speaker, as you know, Mr. CHABOT. If the gentleman will quite often to the gentleman down at who join us via C–SPAN. I got a nice yield, I think that relates to something the other end of Pennsylvania Avenue note from a gentleman who is a con- I have heard over and over at my town mischaracterize what this body has stituent of our good friend MARK FOLEY meetings back home, and that is that done in terms of meaningful welfare re- who I believe is celebrating his 41st one area where people really do think form. Oftentimes, the President will birthday today. He attached an item there has been a tremendous amount of appear on radio or television or in that first appeared in this CONGRES- waste, and I agree, and that is the bil- front of groups and point a finger of ac- SIONAL RECORD in 1949. lions and billions of dollars that we cusation at this institution, saying Our friend from Florida sent this. It have spent on welfare over the years. that this new majority is cutting off has been commonly called the ten In fact, since the Great Society years, benefits to unwed teenage mothers. cannots. A theologian from your State we have spent about $5 trillion just on There is one word that the Chief Exec- of Ohio first brought these up. They welfare. utive and indeed some of the folks who were attributed incorrectly first to I would argue and many of the people are guardians of the old order are leav- Abraham Lincoln, but this is what Rev. that I talked to back in the district ing out of that characterization. And William J.H. Bedcar said: ‘‘You cannot felt this way, that most of that money that word is, it is a four-letter word, bring about prosperity by discouraging was counterproductive. It encourages but it can be discussed in polite com- thrift. You cannot help small men by fathers to leave their homes and not to pany, c-a-s-h, ‘‘cash.’’ tearing down big men. You cannot be home and help to raise their kids. It We do not advocate taking away ben- strengthen the weak by weakening the allows kids basically to just assume efits. We do not blame little children strong. You cannot lift the wage earner that a check will come from the Gov- born into circumstances beyond their by pulling down the wage payer. You ernment every month, that nobody in control. Indeed, as we have shown in cannot help the poor man by destroy- the home ever goes to work, and the our block grant programs and our ef- ing the rich. You cannot keep out of Government just supports folks. That forts to reorganize and transform the trouble by spending more than your in- is not the way it is; it is not helpful to welfare state, we are providing for come. You cannot further the brother- those kids. women, infants, and children. But what hood of men or the brotherhood of man I heard over and over again that peo- we are trying to change are the days by inciting class hatred. You cannot ple were very pleased that we had when someone can look to the Federal establish security on borrowed money. passed a very good welfare reform Government for what is in essence a You cannot build character and cour- package here in the House. Of course subsidy, a cash subsidy for a way of life age by taking away men’s initiative we are still waiting for the other body that abandons responsibility. and independence. And, finally, you to act upon that. I listened with great interest to our cannot help men permanently by doing Mr. JONES. If the gentleman will friend from New York earlier. I believe for them what they could and should yield for a moment, I am glad you you were touching on it just a second do for themselves. brought that subject up, because in ad- ago, the characterizations I believe of Mr. JONES. Mr. Speaker, I am dition to balanced budget and Medicare the economist Dr. Thurow, I believe at pleased to tell the viewers that the and tax reform, and I want to touch on MIT, about some worldwide phenome- gentleman from Arizona was originally that in a few minutes, welfare reform, non of males leaving the household be- from North Carolina. We are delighted I heard that consistently in the radio cause of economic pressures. to see him in the United States Con- shows and speaking to different groups Friends, there is no need to try and gress. and town meetings, that people were explain away via academia what is Just to point on a point that you pleased with what the U.S. House of going on here as if it is some phenome- made, and many fine points that you Representatives, led by the Republican non. There are three words that de- made, is that the concern about wel- Party, did to come out with a tough scribe it: abdication of responsibility. fare is a concern by all Americans, no welfare reform bill, and they hoped Economic pressure notwithstanding, matter what race the individual is. Be- that the other side will follow suit. for what is external cannot replace cause they fully understand, and I You are absolutely right that it is a what is internal. If people are willing heard this back to the gentleman from tremendous problem. It has been a sys- to abandon their responsibilities, and Ohio during my travels in my district, tem that has perpetuated people being these are people at every level on the from all good Americans that we have dependent on the system, instead of a economic ladder, if people are willing a system that, again, needs serious re- system to help people get off the sys- to abandon their responsibilities, it form for the future of this country. tem and become productive citizens. creates the problem. I think you and the gentleman from So we are not here to demonize one Illinois and the gentleman from Ari- b 2100 group of people or try to set Americans zona remember Bill Bennett appearing I appreciate the gentleman bringing against each other. What we are simply before our Republican Conference prior that up. saying is this: After 30 years of an ex- to the vote on welfare reform. He made Mr. CHABOT. And the thing that pansive program whereby some esti- a very passionate speech and told the again I heard over and over again is mates for every dollar we spent on so- conference that he was Catholic, he that people did want to help those who called social spending, almost 80 cents was pro-life, he was pro-family, but if H 8680 CONGRESSIONAL RECORD — HOUSE September 7, 1995 we did not deal with a very strong wel- with State, local taxes and the hidden other, checking up on one another, fare reform bill, that our society was in taxes of regulations and fees, it is not being concerned about one another’s deep, deep trouble. a stretch to say that almost every fam- children. He said, ‘‘my dad passed away So, again, I am pleased to add to my ily is paying almost half of its income 6 years ago,’’ he said, ‘‘America has good friend from Arizona that we, the in taxes. changed and not for the better.’’ What House, the Republican majority, join So the disparity comes not so much a sad commentary. with many conservative Democrats, when a check is given out but what is Mr. HAYWORTH. Mr. Speaker, the have passed a very, very fine, tough taken away by Government. Indeed we challenge for us, and to the cynics who welfare reform bill. have this across the middle class lad- will be there, the bromide is this, oh, Mr. CHABOT. I think something that der. they want to turn the clock back. That is important to point out is that some Mr. MANZULLO. Mr. Speaker, one of will be the accusation that comes from of the folks on the other side of aisle, the really disturbing things that is the guardians of the old order who al- those that tend to be more liberal, happening in this country, and I be- ways look to concentrate power in have had a tendency to try to paint us lieve it is due to the fact that we now Washington and also look askance at who are in favor of changing, reforming have had three, indeed as many as four individual responsibility. welfare, they have tried to paint us as generations on welfare, is the destruc- b 2115 being coldhearted and not caring about tion it does literally to the souls of families, children that are stuck in those children who all they know is the We should hasten to point out that welfare. welfare check. indeed we are building a sense of com- I would argue that there could not be Our colleague from Florida, Con- munity in part because of the medium anything more damaging, more dan- gressman DAVE WELDON, during his of television, the fact that indeed we gerous to those kids than the current campaign for Congress, talked to a have a community across America welfare system which will basically en- friend of his who was interviewing watching us, that is one of the advan- courage them to grow up in that same three children. And he asked, what do tages. But there are many different destructive pattern of behavior that you want to do for a living? One said, things that change in our society. The put their parents in that system to I want to be a policeman, and the other one thing that should not is the subject begin with. one said, I want to be a fireman. And of another letter I received. Folks from We are trying to change that system the third child said, I want to collect my district in Arizona writing and to get these kids out of that very de- checks. agreeing that we have to return to this structive welfare system that we have I mean, I do not believe the people in document, the Constitution of the in this country, to totally reform the this country are willing to cede per- United States. This is a remarkable system. I am very optimistic that over sonal liberty to the Federal Govern- document. An historian characterized time we will actually be able to accom- ment in exchange for a promise of Gov- this in a book called the Miracle at plish that. I think that is really one of ernment security. Philadelphia, that we have this docu- the most priority issues that we have I really do not believe that they are ment that is here and all-encompassing facing this country. willing to do that. And yet what is hap- and can deal with different times and Another thing about welfare that has pening is the more people get used to different changes. So whether it was always bothered me, that does not get the fact of saying, well, let the Govern- the rise of television or, as some theo- mentioned, I do not think, enough, is ment do it, you know, my colleagues, rists purport, the creation of central- that we have to figure out where the let me just share with you a burden ized air-conditioning that kept govern- money is going to those folks on wel- that is on my heart. I do not want to ment in business year round, there are fare is coming from. Oftentimes the offend anybody when I do this. changes that come to our society. But money is coming from other parents, When we were kids, the activities the danger for us is to ignore this docu- sometimes single mothers who are that were planned for us were done by ment the Constitution or moreover, as working two jobs that are paying more our parents. I was raised before tele- the gentleman from Illinois suggests, taxes than they ought to that comes up vision. I remember the area in which to dismiss the notion of community. here to Washington and then goes back we grew up in Kenrock in Rockford. It The school has become a surrogate down to the States, back down to the was a pretty tough area of town. On family and not dealt with the commu- folks receiving welfare. So you are tak- Saturday nights, my dad and some of nity, I think the gentleman points that ing money away from hard working, the local merchants—dad ran a small out quite correctly. sometimes lower middle class folks and grocery store—would take the 16 milli- Mr. MANZULLO. The point I was try- giving it to other folks who in general meter projector from the school, be- ing to make is the fact that we look to ought to be working to support their cause the school was the community, government to create our community own children. and show movies on painters tarpaulins now and that is the real danger. We all Mr. HAYWORTH. Indeed, that brings that were tacked to the back of bill- do it. Good, solid, bedrock conserv- up another part of the equation that is boards on the corner there. And hun- atives like ourselves, we think, well, sometimes not emphasized from good dreds of people, literally hundreds why can the government not do some- people on the other side of the aisle. In- would show up, and we would have pea- thing about it? Well, the government deed when my colleague from New nuts and popcorn. And there was a should be the place of last resort. Not York was here in the previous special whole community together. the first place we go. It is the mental- order, I know the gentleman from Illi- And my dad, who passed away about ity with which we have grown up. We nois listened with great interest to 6 years ago, said, when Americans tore have to turn inwardly and try to re- this, the gentleman from New York the front porches off their houses, solve our problems. talked about a disparity of income when they turned those front porches Mr. JONES. The gentleman from Illi- from the very wealthy to the very into TV rooms, the people of this coun- nois is absolutely right, both you gen- poor. try stopped talking to one another. tlemen and the gentleman from Ohio And I just think it is significant to And before we would look internally. and that is what the last election was note, indeed you probably have already We would look to the schools, to the all about. The American people said done this during our time together to- churches, to each other. And when peo- enough government is enough. Enough night, but I do not think it can be re- ple stopped talking, they started look- taxation is enough. The gentleman peated enough to the American people. ing to the Government for an answer. from Arizona mentioned while ago, and In 1948, the average American family of What an incredible observation by a I want to reiterate this because I do four was paying about 3 percent of its man who had been raised through the not think it can be said enough. The income in taxes to the Federal Govern- depression and talked about the great average working family in America ment. By last year, the average family days, when everybody would sit on will spend more on paying taxes than of four was paying almost one-quarter their front porches in the summertime that same average American working of its income in taxes to the Federal and just throngs of people would walk family will spend on clothing, housing, Government. When you combine that down the streets, saying hello to each and food combined. How can you hope September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8681 to achieve the American dream for want to balance this budget, we are vides, apart from the Congressional your family when you have got a gov- making what we think are the nec- Budget Office numbers, they result in ernment that overregulates, with ex- essary cuts and this is how much we deficits annually in excess of $200 bil- cessive taxation and does not give the can spend and if we spend this much, lion for each of those 10 years when he family the opportunity to work hard we are on the glide path to balancing purports that he has a glide path. No, and to grow and to become part of the this budget. The President wants to that is not a glide path. American dream? spend more than we do. He wants us to What we ask is for the President of Everything you are saying, I agree add a lot of big spending back into the the United States using the phraseol- with. The nice thing about our frustra- program. If we do that, we are not ogy of our good friend CHARLES TAYLOR tion is that the American people last going to balance the budget. So we from North Carolina who said this last November showed their frustration by need very much I think to stick to our week, the President has to be the Com- changing the U.S. House of Representa- guns. That is what I heard: ‘‘Don’t mander in Chief, not the campaigner in tives, and we have a chance to bring a blink, don’t back down to the Presi- chief. We all took an oath of office to brighter future and to build a better dent, stick to your guns, balance the uphold and defend the Constitution. American. budget.’’ What have you gentlemen Let us all step up to the plate, Demo- Mr. CHABOT. The gentleman from Il- been hearing? crats and Republicans alike, work out linois mentioned that we give govern- Mr. JONES. If the gentleman will the differences and agree to put this ment too much responsibility now basi- yield, you talked about the balanced Nation on a glide path to a balanced cally to take care of people’s every budget, talking about the President budget in 7 years and stick to it, be- needs. I read a book recently, in fact it and the budget we are going to submit. cause as we have heard from our con- was on the list that the Speaker gave Is it not true, and please correct me if stituents, even that step, as modest as us earlier in the year and suggested I am wrong, obviously we are working it is, is an important first step but it is that we read, it is called the Tragedy of toward balancing the budget for the less than what many people desire. American Compassion. It is a rel- year 2002. But to get to a zero debt, a Mr. CHABOT. I think the gentle- atively long book, but the interesting zero debt, we must balance the budget man’s analogy about his son paying and boiling it down to its main point is every year for the next 25 years from over $180,000 in his lifetime just on the that for many, many years basically the year 2002 and forward for 25 years, interest is an excellent analogy. An- Americans took care of each other, is that not correct? other one I think that really hits home through charities, through churches, Mr. CHABOT. Yes, we also have to as to how large this debt is, that if we and then at some point in our history, start paying it off. So we have to spend do not do something within the next and the largest portion of it occurred not only no more than we bring in. We year or so, we are going to be paying during the so-called Great Society have got to spend less than we bring in more just on the interest on the debt years, in the 1960’s with L.B.J. and for a period of time to get rid of that than we do for our entire military ex- folks that thought along those lines, debt. The debt is so large now, it is penditures. Just think of how much we the government basically took over, mind-boggling. Fourteen percent of spend on the military, the Army, the people no longer really helped their fel- every dollar that our citizens send up Navy, the Air Force, the Marine Corps, low Americans and people that were here in the form of taxes goes just to the Pentagon, just think of all the down and out as much. They expected pay the interest on the debt. It is ships that are out at sea, the planes, that the government would do so. Wel- scary, it really is. the soldiers we have, how much that fare rolls went way up. The whole sys- Mr. HAYWORTH. If the gentleman costs. It is a lot of money. We are going tem basically has gone downhill from would yield, the way I can put it in a to be spending less for all of that then there. Not only has that been destruc- way that I certainly understand with we will just for the interest on the tive but that helped to make the budg- stunning clarity is in this fashion. If debt. It is an incredibly large amount et go out of balance. We are all paying we do not change what is going on and of money. We can no longer afford to for that huge debt in many, many if by the good fortune and act of provi- pay that because it is driving us com- ways. So this Congress is about finally dence we are able to keep this govern- pletely bankrupt. So I think it is im- trying to balance that budget. ment running with the equivalent of portant. As you gentlemen all know, we ear- chewing gum and baling wire in the What I heard from the folks back in lier this year passed the very first bal- years to come, my son, who is now 21 Cincinnati over and over again was, anced budget resolution in the last 30 months old, over the course of his life- ‘‘Stick to your guns, balance the budg- years. It puts us on a glide path to bal- time as a working adult would pay over et, work with the President, there’s no ancing this budget within the next 7 $180,000 just to service the debt alone, sense in going to war if you don’t need years. if things remained the same. to, but if he wants you to spend more Talking about what folks back in our Now some good people across the money, don’t do it. Balance the budg- districts were talking about and what country look to our friend at the other et.’’ kind of cuts we ought to make, one cut end of Pennsylvania Avenue and say, Mr. JONES. We are getting close to that I heard over and over again is that wait a minute, did he not come on tele- the end. I just want to make this state- why are we paying so much in foreign vision and agree that we need to bal- ment. What I was pleased with, I have aid? I agree with the folks that think ance the budget? Well, that statement been saying this and many of you here that we have been paying far too much is fairly accurate as far as it goes, but tonight, that this whole Congress is over the years and that is why we once again, the problem is in the de- about the next generation, not the next passed a resolution earlier this year to tails. The same gentleman at the other election. I can honestly tell you that cut back on the amount of foreign aid end of Pennsylvania Avenue stood at the people in my district, the Third that we are spending by $21 billion over that lectern 2 years ago and pledged District of North Carolina, are pleased the next 7 years. It is the largest reduc- that he would only use numbers from to know that they have men and tion in foreign aid in our Nation’s his- the Congressional Budget Office in women that are committed to doing tory. I think that that was a proper making budget forecasts. Well, a funny what is right to get this Nation thing for us to do. It is going to help us thing happened in the past couple of straight for our next generation. I am to balance the budget. years. I guess a young lady by the proud to be part of the ladies and gen- Something that is coming up rel- name of Rosy Scenario took up resi- tlemen that serve in this House. atively soon that I think that folks, dence there in the Rose Garden because Mr. CHABOT. I would like to thank that maybe out at C–SPAN, we ought the President and his budgeteers are all the gentlemen, and gentleman from to give them a heads-up and let them listening to Rosy Scenario. You notice Arizona, the gentleman of North Caro- know that we are going to be facing he abandoned the CBO numbers and lina, and the gentleman from Illinois this, because we are going to be facing now has come up with a whole new set for being with us here this evening. perhaps, I hope it does not happen, but of numbers, but the funny thing is this: Are there any concluding remarks perhaps an impasse with the President When you look at his 10-year plan and that any of the gentlemen would like in the near future. We are saying we you use the numbers that he now pro- to make at this point? H 8682 CONGRESSIONAL RECORD — HOUSE September 7, 1995

Mr. HAYWORTH. If the gentleman Ms. KAPTUR. 1365. A letter from the Chairman, Federal from Ohio would yield, just simply Mrs. COLLINS of Illinois. Housing Finance board, transmitting the keep those cards and letters coming be- (The following Members (at the re- Board’s annual report on the low-income cause there is a diversity of opinion, quest of Mr. TATE) and to include ex- housing and community development activi- traneous matter:) ties of the Federal Home Loan Bank System there is not unanimity, but we all rec- for 1994, pursuant to 12 U.S.C. 1422a; to the ognize we have to confront these prob- Mr. RADANOVICH. Committee on Banking and Financial Serv- lems to make a difference not only for Mr. FORBES. ices. the next generation but for the very fu- Mr. LAZIO of New York. 1366. A letter from the Chairman, Federal ture of this Nation as we go into the Mr. BILIRAKIS. Reserve System, transmitting the annual re- next century. Mrs. SEASTRAND. port on the subject of retail fees and services Mr. CHABOT. I would like to thank Mr. MARTINI in two instances. of depository institutions, pursuant to 12 Mr. LEWIS of California. U.S.C. 1811 note; to the Committee on Bank- all you gentlemen for spending your Mr. FIELDS of Texas. ing and Financial Services. time here this evening. Again I think Mr. HYDE. 1367. A letter from the Director, Federal the message that we got loud and clear Mr. GEKAS. Reserve System, transmitting the annual re- was do not back down, balance the Mr. CHAMBLISS. port on the assessment of the profitability of budget, do it now. (The following Member (at his own credit card operations of depository institu- tions, pursuant to 15 U.S.C. 1637; to the Com- f request) to revise and extend his re- mittee on Banking and Financial Services. marks and include extraneous material LEAVE OF ABSENCE 1368. A letter from the Chairman, National after his remarks on the Kasich amend- Credit Union Administration, transmitting By unanimous consent, leave of ab- ment:) the 1994 annual report of the National Credit sence was granted to: Mr. LIVINGSTON, today. Union Administration, pursuant to 12 U.S.C. Mr. BISHOP (at the request of Mr. (The following Members (at the re- 1752a(d); to the Committee on Banking and GEPHARDT), for September 6 and 7, on quest of Mr. HAYWORTH) and to include Financial Services. account of official business. extraneous matter:) 1369. A letter from the Secretary of Edu- cation, transmitting the annual report on Mr. COX of California (at the request Mr. DURBIN. the education for homeless children and of Mr. ARMEY), for today until 5 p.m., Mr. BAKER of California. youth for the period of October 1, 1993, on account of joining his family at the Mr. NEY. through September 30, 1994, pursuant to 42 launch of Space Shuttle Endeavor car- Mr. WELLER. U.S.C. 11434; to the Committee on Economic rying aboard his brother-in-law, Mike Mr. PAYNE of Virginia. and Educational Opportunities. Gernhardt. Mr. STUPAK. 1370. A letter from the Secretary of Health Ms. MCKINNEY (at the request of Mr. Mr. BENTSEN. and Human Services, transmitting the De- partment’s annual report on the status and GEPHARDT), on September 6 and 7, on Mrs. SCHROEDER. accomplishments of the Youth Gang Drug f account of business in the district. Prevention Program, pursuant to 42 U.S.C. f ADJOURNMENT 11806; to the Committee on Economic and Educational Opportunities. SPECIAL ORDERS GRANTED Mr. HAYWORTH. Mr. Speaker, I 1371. A letter from the Secretary of Trans- By unanimous consent, permission to move that the House do now adjourn. portation, transmitting a report regarding address the House, following the legis- The motion was agreed to; accord- the implementation of the Imported Vehicle ingly (at 9 o’clock and 28 minutes Safety Compliance Act of 1988 for calendar lative program and any special orders year 1994, pursuant to 15 U.S.C. 1397 note; to heretofore entered, was granted to: p.m.), under its previous order, the House adjourned until tomorrow, Fri- the Committee on Commerce. (The following Members (at the re- 1372. A letter from the Chairman, Nuclear day, September 8, 1995, at 9 a.m. quest of Mr. PALLONE) to revise and ex- Regulatory Commission, transmitting a re- tend their remarks and include extra- f port on the nondisclosure of safeguards in- neous material:) formation for the quarter ending June 30, EXECUTIVE COMMUNICATIONS, 1995, pursuant to 42 U.S.C. 2167(e); to the Mr. HOYER, for 5 minutes, today. ETC. Committee on Commerce. Mr. PALLONE, for 5 minutes, today. 1373. A letter from the Director, Defense Mrs. SCHROEDER, for 5 minutes, Under clause 2 of rule XXIV, execu- tive communications were taken from Security Assistance Agency, transmitting today. notification concerning the Department of Ms. KAPTUR, for 5 minutes, today. the Speaker’s table and referred as fol- the Air Force’s proposed Letter(s) of Offer (The following Members (at the re- lows: and Acceptance [LOA] to Korea for defense quest of Mr. TATE) to revise and extend 1360. A letter from the Secretary of Agri- articles and services (Transmittal No. 95–38), their remarks and include extraneous culture, transmitting a draft of proposed leg- pursuant to 22 U.S.C. 2776(b); to the Commit- islation entitled the ‘‘Livestock Dealer Trust tee on International Relations. material:) Act of 1995’’; to the Committee on Agri- 1374. A letter from the Director, Defense Mr. FORBES, for 5 minutes, today. culture. Security Assistance Agency, transmitting Mr. KINGSTON, for 5 minutes, today. 1361. A letter from the Director, Congres- notification concerning the Department of Mr. SCARBOROUGH, for 5 minutes, sional Budget Office, transmitting CBO’s se- the Air Force’s proposed Letter(s) of Offer today. questration update report for fiscal year and Acceptance [LOA] to Saudi Arabia for Mr. CHAMBLISS, for 5 minutes, today. 1996, pursuant to Public Law 101–508, section defense articles and services (Transmittal 13101(a) (104 Stat. 1388–587); to the Committee No. 95–37), pursuant to 22 U.S.C. 2776(b); to f on Appropriations. the Committee on International Relations. EXTENSION OF REMARKS 1362. A letter from the Under Secretary of 1375. A letter from the Director, Defense Defense, transmitting a report of a violation Security Assistance Agency, transmitting By unanimous consent, permission to of the Anti-Deficiency Act which occurred at notification concerning the Department of revise and extend remarks was granted the Florida National Guard Bureau [NGB], the Army’s proposed Letter(s) of Offer and to: Camp Blanding, Starke, FL, pursuant to 31 Acceptance [LOA] to Saudi Arabia for de- (The following Members (at the re- U.S.C. 1517(b); to the Committee on Appro- fense articles and services (Transmittal No. priations. 95–36), pursuant to 22 U.S.C. 2776(b); to the quest of Mr. PALLONE) and to include 1363. A letter from the Secretary of Hous- Committee on International Relations. extraneous matter:) ing and Urban Development, transmitting 1376. A letter from the Director, Defense Mr. CONYERS. the annual report to Congress as required by Security Assistance Agency, transmitting Mr. CLAY. section 203(1) of the Multifamily Property notification concerning the Department of Mrs. KENNELLY. Disposition Reform Act of 1994; to the Com- the Army’s proposed Letter(s) of Offer and Mr. JACOBS. mittee on Banking and Financial Services. Acceptance [LOA] to Jordan for defense arti- Mr. MINETA. 1364. A letter from the President and cles and services (Transmittal No. 95–34), Chairman, Export-Import Bank of the United pursuant to 22 U.S.C. 2776(b); to the Commit- Mr. HALL of Ohio. States, transmitting a report involving Unit- tee on International Relations. Mr. FAZIO of California. ed States exports to the Republic of the Phil- 1377. A letter from the Director, Defense Mr. KLECZKA. ippines, pursuant to 12 U.S.C. 635(b)(3)(i); to Security Assistance Agency, transmitting Mr. DINGELL. the Committee on Banking and Financial notification concerning the Department of Mr. STARK in three instances. Services. the Army’s proposed Letter(s) of Offer and September 7, 1995 CONGRESSIONAL RECORD — HOUSE H 8683

Acceptance [LOA] to Egypt for defense arti- Division, pursuant to 28 U.S.C. 529; to the Mr. FIELDS of Texas, Mr. KOLBE, MS. cles and services (Transmittal No. 95–35), Committee on the Judiciary. DANNER, Mr. HUTCHINSON, Mr. pursuant to 22 U.S.C. 2776(b); to the Commit- 1390. A letter from the Administrator, Fed- HAYWORTH, Mr. HASTINGS of Washing- tee on International Relations. eral Aviation Administration, transmitting ton, Mr. BONILLA, Mr. MCHUGH, Mr. 1378. A letter from the Director, Defense the FAA report of progress on developing DORNAN, Mr. HERGER, Mr. EVERETT, Security Assistance Agency, transmitting and certifying the traffic alert and collision Mr. TAYLOR of North Carolina, Mr. the Department of the Army’s proposed lease avoidance system [TCAS] for the period PACKARD, Mr. CUNNINGHAM, Mr. of defense articles to the United Nations for April through June 1995, pursuant to Public THORNBERRY, Mr. HAYES, Mr. ROYCE, use in Rwanda (Transmittal No. 30–95), pur- Law 100–223, section 203(b) (101 Stat. 1518); to Mr. COMBEST, Mr. COOLEY, Mr. SALM- suant to 22 U.S.C. 2796a(a); to the Committee the Committee on Transportation and Infra- ON, Mr. BONO, Mr. BAKER of Califor- on International Relations. structure. nia, Mr. HUNTER, Mr. LEWIS of Cali- 1379. A letter from the Director, Defense 1391. A letter from the Administrator, Fed- fornia, Mrs. CUBIN, Mr. MCKEON, Mr. Security Assistance Agency, transmitting eral Aviation Administration, transmitting RADANOVICH, Mr. RIGGS, Mr. the Department of the Air Force’s proposed a copy of the updated Aviation System Cap- ROHRABACHER, Mrs. SEASTRAND, Mr. lease of defense articles to the United Na- ital Investment Plan [CIP], pursuant to 49 THOMAS, Mr. ALLARD, Mr. SCHAEFER, tions for use in Rwanda (Transmittal No. 33– U.S.C. 44501(b); to the Committee on Trans- Mr. MICA, Mr. CHAMBLISS, Mr. COL- 95), pursuant to 22 U.S.C. 2796a(a); to the portation and Infrastructure. LINS of Georgia, Mr. LINDER, Mr. Committee on International Relations. 1392. A letter from the Secretary of Trans- BAKER of Louisiana, Mr. CRAPO, Mr. 1380. A letter from the Secretary of De- portation, transmitting the Department’s EWING, Mr. BURTON of Indiana, Mr. fense, transmitting the Department’s report annual report of the transition to quieter HOSTETTLER, Mr. MCINTOSH, Mr. ROB- on control and accountability of material re- airplanes, pursuant to Public Law 101–508, ERTS, Mr. LEWIS of Kentucky, Mr. lating to weapons of mass destruction in the section 9308(g) (104 Stat. 1388–383; to the Com- BARTLETT of Maryland, Mr. former Soviet States that receive coopera- mittee on Transportation and Infrastruc- KNOLLENBERG, Mr. EMERSON, Mr. tive threat reduction [CTR] assistance, pur- ture. HANCOCK, Mr. SKEEN, Mr. PAXON, Mr. suant to Public Law 103–337, section 1204 (108 1393. A letter from the Acting Assistant SOLOMON, Mr. BALLENGER, Mr. JONES, Stat. 2883); to the Committee on Inter- Secretary of the Army, transmitting a copy Mr. OXLEY, Mr. COBURN, Mr. national Relations. of a report entitled ‘‘Living Within Con- LARGENT, Mr. LUCAS, Mr. WATTS of 1381. A letter from the Chairman, Council straints: An Emerging Vision for High Per- Oklahoma, Mr. BARTON of Texas, Mr. of the District of Columbia, transmitting a formance Public Works’’; to the Committee DELAY, Mr. SAM JOHNSON, Mr. STOCK- copy of D.C. Act 11–134, ‘‘Real Property Tax on Transportation and Infrastructure. MAN, Mr. SHADEGG, Mr. CALLAHAN, Reclassification Temporary Amendment Act 1394. A letter from the Secretary of De- Mr. LAUGHLIN, Mrs. VUCANOVICH, Mr. of 1995,’’ pursuant to D.C. Code, section 1– fense, transmitting a report pursuant to sec- TEJEDA, Mr. BACHUS, Mr. COX, Mr. 233(c)(1); to the Committee on Government tion 1206 of the Cooperative Threat Reduc- FUNDERBURK, Mr. BOEHNER, Mr. Reform and Oversight. tion Act of 1993, as amended, pursuant to CRANE, Mr. DREIER, Mr. EDWARDS, 1382. A letter from the Chairman, Council Public Law 103–337, section 1206(b)(2)(A) (108 Mr. NETHERCUTT, Mr. PETE GEREN of of the District of Columbia, transmitting a Stat. 2884); jointly, to the Committees on Texas, Mr. ORTIZ, Mr. HALL of Texas, copy of D.C. Act 11–135, ‘‘Canaan Baptist International Relations and National Secu- Mr. DUNCAN, Mr. MCCRERY, and Mr. Church Equitable Real Property Tax Relief rity. LIVINGSTON): H.R. 2275. A bill to reauthorize and amend Act of 1995,’’ pursuant to D.C. Code, section f 1–233(c)(1); to the Committee on Government the Endangered Species Act of 1973; to the Reform and Oversight. REPORTS OF COMMITTEES ON Committee on Resources, and in addition to 1383. A letter from the Chairman, Council PUBLIC BILLS AND RESOLUTIONS the Committee on Agriculture, for a period of the District of Columbia, transmitting a to be subsequently determined by the Speak- copy of D.C. Act 11–136, ‘‘Interference with Under Clause 2 of rule XIII, reports of er, in each case for consideration of such pro- Medical Facilities and Health Professionals committees were delivered to the Clerk visions as fall within the jurisdiction of the and Re-establishment of Health Services for printing and reference to the proper committee concerned. Planning and Certificate of Need Program calendar, as follows: By Mr. DUNCAN (for himself, Mr. SHU- STER, Mr. OBERSTAR, Mr. LIGHTFOOT, Temporary Act of 1995,’’ pursuant to D.C. Mr. LINDER: Committee on Rules. House Mr. CLINGER, Mr. WELLER, Mr. COBLE, Code, section 1–233(c)(1); to the Committee Resolution 215. Resolution providing for the Mr. RAHALL, Mr. LIPINSKI, Mr. EWING, on Government Reform and Oversight. consideration of the bill (H.R. 1594) to place 1384. A letter from the Chairman, Council Mr. COSTELLO, Mr. WISE, Mr. HUTCH- restrictions on the promotion by the Depart- of the District of Columbia, transmitting a INSON, Mr. EHLERS, Mr. BACHUS, Mrs. ment of Labor and other Federal agencies copy of D.C. Act 11–139, ‘‘Public Assistance SEASTRAND, Mr. TATE, Ms. DANNER, and instrumentalities of economically tar- Self-Sufficiency Program Amendment Act of Mrs. KELLY, Mr. CLYBURN, and Mr. geted investments in connection with em- 1995,’’ pursuant to D.C. Code, section 1– LATHAM): ployee benefit plans (Rept. 104–240). Referred 233(c)(1); to the Committee on Government H.R. 2276. A bill to establish the Federal to the House Calendar. Reform and Oversight. Aviation Administration as an independent Mr. GOSS: Committee on Rules. House 1385. A letter from the Employee Benefits establishment in the executive branch, and Resolution 216. Resolution providing for the Manager, AgriBank, transmitting the annual for other purposes; to the Committee on consideration of the bill (H.R. 1655) to au- report disclosing the financial condition of Transportation and Infrastructure, and in thorize appropriations for fiscal year 1996 for the retirement plan for the employees of the addition to the Committees on Government intelligence and intelligence-related activi- Seventh Farm Credit District, pursuant to 31 Reform and Oversight, and the Budget, for a ties of the U.S. Government, the Community U.S.C. 9503(a)(1)(B); to the Committee on period to be subsequently determined by the Management Account, and Central Intel- Government Reform and Oversight. Speaker, in each case for consideration of 1386. A letter from the Federal Reserve ligence Agency Retirement and Disability such provisions as fall within the jurisdic- Employee Benefits System, transmitting a System, and for other purposes (Rept. 104– tion of the committee concerned. copy of the annual report for the retirement 241). Referred to the House Calendar. By Mr. GEKAS (for himself, Mr. plan year ending December 31, 1994, pursuant f ARMEY, Mr. HYDE, and Mr. INGLIS of to 31 U.S.C. 9503(a)(1)(B); to the Committee South Carolina): on Government Reform and Oversight. PUBLIC BILLS AND RESOLUTIONS H.R. 2277. A bill to abolish the Legal Serv- 1387. A letter from the Director, Office of Under clause 5 of rule X and clause 4 ices Corporation and provide the States with Management and Budget, transmitting a re- of rule XXII, public bills and resolu- money to fund qualified legal services; to the Committee on the Judiciary. port entitled ‘‘Statistical Programs of the tions were introduced and severally re- United States Government, Fiscal Year By Mr. WYDEN (for himself, and Mr. 1995,’’ pursuant to 44 U.S.C. 3514(a); to the ferred as follows: BUNN of Oregon): Committee on Government Reform and By Mr. SHUSTER (for himself, Mr. H.R. 2278. A bill to prohibit the importa- Oversight. PETRI, Mr. MINETA, and Mr. RAHALL): tion into the United States of spent nuclear 1388. A letter from the Secretary of the In- H.R. 2274. A bill to amend title 23, United fuel unless licensed facilities are in oper- terior, transmitting the Department’s report States Code, to designate the National High- ation that have the capacity to store or dis- on the administration of the Marine Mam- way System, and for other purposes; to the pose of all nuclear spent fuel generated by mal Protection Act of 1972, pursuant to 16 Committee on Transportation and Infra- commercial nuclear reactors in the United U.S.C. 1373(f); to the Committee on Re- structure. States and from atomic energy defense ac- sources. By Mr. YOUNG of Alaska (for himself, tivities, and to allow local port authorities 1389. A letter from the Assistant Attorney Mr. POMBO, Mr. TAUZIN, Mr. BREW- to establish health and safety guidelines for General, Department of Justice, transmit- STER, Mr. DOOLITTLE, Mr. HANSEN, safe shipment of spent nuclear fuel; to the ting the 1992 and 1993 annual reports on the Mr. DOOLEY, Mr. CALVERT, Mr. Committee on Commerce, and in addition to activities and operations of the Depart- CONDIT, Mr. STENHOLM, Mr. STUMP, the Committees on Economic and Edu- ment’s Public Integrity Section, Criminal Mr. SMITH of Texas, Mr. GALLEGLY, cational Opportunities, Transportation and H 8684 CONGRESSIONAL RECORD — HOUSE September 7, 1995

Infrastructure, and International Relations, By Mr. POMBO (for himself, and Mr. Mr. RAHALL, Mr. HALL of Texas, and Mrs. for a period to be subsequently determined YOUNG of Alaska): KENNELLY. by the Speaker, in each case for consider- H.R. 2286. A bill to amend the Internal Rev- H.R. 1178: Mr. JACOBS. ation of such provisions as fall within the ju- enue Code of 1986 to provide tax incentives H.R. 1274: Mr. KENNEDY of Rhode Island. risdiction of the committee concerned. for the conservation of endangered species; H.R. 1385: Mr. BENTSEN. By Mr. ACKERMAN (for himself, Mr. to the Committee on Ways and Means. H.R. 1402: Mr. MFUME. SHAYS, Mr. GEJDENSON, Mr. MANTON, By Mr. STARK: H.R. 1406: Mr. SAXTON, Mr. SKEEN, Mr. Mr. KING, Mr. ENGEL, Mr. SCHUMER, H.R. 2287. A bill to amend the Internal Rev- FROST, Mr. LANTOS, and Mr. STUMP. Mr. TOWNS, Ms. DELAURO, Mr. FRISA, enue Code of 1986 to make S corporations eli- H.R. 1468: Mr. BENTSEN. Mr. FORBES, Mr. LAZIO of New York, gible for the rules applicable to real property H.R. 1493: Mr. EHRLICH, Mr. WILLIAMS, and and Mrs. LOWEY): subdivided for sale by noncorporate tax- Mr. BLILEY. H.R. 2279. A bill to authorize the Adminis- payers; to the Committee on Ways and H.R. 1496: Ms. MOLINARI. trator of the Environmental Protection Means. H.R. 1500: Mr. BARRETT of Wisconsin and Agency to make grants to the States of New By Mr. LINDER: Mr. CLAY. York and Connecticut for the purpose of H. Res. 215. Resolution providing for the H.R. 1521: Ms. NORTON, Mr. REYNOLDS, Mr. demonstrating methods of improving water consideration of the bill (H.R. 1594) to place MCDERMOTT, Mr. DELLUMS, Mr. EVANS, Mr. quality in Long Island Sound; to the Com- restrictions on the promotion by the Depart- ENGEL, Mr. SANDERS, Mr. SCHUMER, and Ms. mittee on Transportation and Infrastruc- ment of Labor and other Federal agencies MCKINNEY. ture. and instrumentalities of economically tar- H.R. 1533: Mr. SHADEGG. geted investments in connection with em- By Mr. DINGELL (for himself, Mr. H.R. 1625: Mr. HUNTER and Mr. INGLIS of WAXMAN, Mr. BONIOR, Mr. BRYANT of ployee benefit plans; House Calendar No. 85. South Carolina. ANNER LECZKA House Report No. 104–240. Texas, Ms. D , Mr. K , H.R. 1627: Mr. WELDON of Florida and Mr. OWEY TUPAK By Mr. GOSS: Mrs. L , and Mr. S ): SOUDER. H.R. 2280. A bill to improve payment integ- H. Res. 216. Resolution providing for the H.R. 1637: Mr. RUSH. rity in the Medicare and Medicaid Programs, consideration of the bill (H.R. 1655) to au- H.R. 1742: Mr. GEJDENSON, Mr. REYNOLDS, and for other purposes; to the Committee on thorize appropriations for fiscal year 1996 for Mr. MINGE, Mrs. CLAYTON, and Mr. Commerce, and in addition to the Commit- intelligence and intelligence-related activi- HAYWORTH. tees on the Budget, and Ways and Means, for ties of the U.S. Government, the Community H.R. 1743: Mr. RADANOVICH, Mr. POMBO, Mr. a period to be subsequently determined by Management Account, and the Central Intel- COOLEY, Mrs. CHENOWETH, Mr. MILLER of the Speaker, in each case for consideration ligence Agency Retirement and Disability California, Mr. DEFAZIO, Mr. HUTCHINSON, of such provisions as fall within the jurisdic- System, and for other purposes; House Cal- Mr. HINCHEY, Mr. SKEEN, Mr. CASTLE, Mr. tion of the committee concerned. endar No. 86. House Report No. 104–241. FRAZER, and Mrs. LINCOLN. By Mr. DURBIN: f H.R. 1833: Mr. MCCRERY, Mr. OBERSTAR, H.R. 2281. A bill to provide that Members Mr. WHITFIELD, and Mr. COBURN. of Congress shall not be paid during Federal ADDITIONAL SPONSORS H.R. 1883: Mrs. VUCANOVICH. Government shutdowns; to the Committee H.R. 1920: Mr. FOX, Mr. SABO, and Mrs. on House Oversight. Under clause 4 of rule XXII, sponsors THURMAN. By Mr. GEJDENSON: were added to public bills and resolu- H.R. 2282. A bill to modify the navigation tions as follows: H.R. 1961: Mr. DUNCAN. H.R. 1963: Ms. KAPTUR, Mr. SAXTON, Mr. project for the Thames River, CT, to alter H.R. 28: Mr. COBLE and Mrs. WALDHOLTZ. KING, and Mrs. MEYERS of Kansas. the dimensions of a turning basin in Nor- H.R. 263: Mr. YATES. H.R. 1965: Mr. CALLAHAN, Mr. HEFNER, Mr. wich, CT; to the Committee on Transpor- H.R. 264: Mr. YATES. SANFORD, Mr. MARTINI, and Mr. OWENS. tation and Infrastructure. H.R. 387: Mr. NORWOOD. H.R. 1987: Mr. SMITH of New Jersey. By Mr. PAYNE of Virginia (for himself, H.R. 436: Mr. CHAMBLISS and Mr. LUTHER. H.R. 2003: Mr. WALSH, Mr. SABO, Ms. Mr. BALLENGER, Mr. BAESLER, Mr. H.R. 501: Mr. SMITH of Texas. MCKINNEY, Mr. MASCARA, and Mr. CLAY. BOUCHER, Mr. COBLE, Mr. ROGERS, H.R. 526: Mr. PICKETT and Mr. WHITFIELD. H.R. 2006: Mr. DAVIS and Mr. BATEMAN. Mr. HEFNER, Mr. ROSE, Mr. SPRATT, H.R. 553: Ms. EDDIE BERNICE JOHNSON of Mr. SCOTT, Mr. BUNNING of Kentucky, Texas. H.R. 2007: Mr. WOLF, Mr. DAVIS, Mrs. MORELLA, and Mr. BATEMAN. Mr. FUNDERBURK, Mr. JONES, Mr. H.R. 733: Mr. HEFNER. H.R. 2137: Mrs. KELLY. GORDON, Mr. CLYBURN, Mr. WARD, Mr. H.R. 734: Mr. SCOTT and Mr. JOHNSON of TAYLOR of North Carolina, Mr. CLEM- South Dakota. H.R. 2146: Mr. CRANE and Mrs. KENNELLY. ENT, Mr. CHAMBLISS, and Mr. PETER- H.R. 783: Mr. CHRISTENSEN. H.R. 2152: Mr. FOX, Mr. COYNE, and Mr. SON of Florida): H.R. 835: Mr. DIXON. GRAHAM. H.R. 2283. A bill to prohibit the regulation H.R. 862: Mr. HANCOCK and Mr. PARKER. H.R. 2182: Mr. GENE GREEN of Texas, Mrs. of the sale or use of tobacco or tobacco prod- H.R. 864: Mr. GEJDENSON, Mr. STUPAK, and ROUKEMA, and Mr. GALLEGLY. ucts by the Secretary of Health and Human Mr. GREENWOOD. H.R. 2186: Mr. PORTMAN. Services; to the Committee on Commerce. H.R. 892: Mr. GENE GREEN of Texas. H.R. 2194: Mr. JACOBS. By Mr. POMBO: H.R. 899: Mr. PETRI. H.R. 2205: Mr. BREWSTER and Mr. CLINGER. H.R. 2284. A bill to provide incentives for H.R. 903: Mr. KLINK. H.R. 2219: Mr. BLUTE. the owners and operators of agricultural H.R. 922: Mr. JOHNSTON of Florida, Mr. H.R. 2265: Mr. PAYNE of Virginia, Mr. land to provide habitat for protected species; OLVER, Mr. ANDREWS, Mr. HAYES, Mr. MAS- BUNNING of Kentucky, Mr. BASS, Mr. NOR- to the Committee on Agriculture, and in ad- CARA, Mr. KLINK, Mr. HINCHEY, and Mr. BENT- WOOD, Mr. PARKER, Mrs. MYRICK, and Mr. dition to the Committee on Resources, for a SEN. ROSE. period to be subsequently determined by the H.R. 963: Mr. LIGHTFOOT, Mr. PETERSON of H.R. 2266: Mr. MCNULTY. Speaker, in each case for consideration of Minnesota, Mr. PICKETT, Mr. ROHRABACHER, H.R. 2273: Mrs. MORELLA and Ms. NORTON. such provisions as fall within the jurisdic- Mr. MONTGOMERY, Ms. RIVERS, Mr. FAZIO of H. Con. Res. 5: Mr. SHADEGG. tion of the committee concerned. California, and Mr. FRELINGHUYSEN. H. Con. Res. 7: Mr. MATSUI. H.R. 2285. A bill to require the Secretary of H.R. 969: Mr. JOHNSTON of Florida. H. Res. 39: Ms. VELAZQUEZ, Ms. MCKINNEY, the Treasury to mint coins in commemora- H.R. 997: Mr. BLUTE, Mrs. LINCOLN, Mrs. Mr. NADLER, and Mr. FRANK of Massachu- tion of Theodore Roosevelt, to authorize the SMITH of Washington, and Mr. MINGE. setts. appropriation of the surcharges imposed H.R. 1007: Mr. COOLEY. H. Res. 118: Mr. RUSH and Mr. WILLIAMS. with respect to such coins to the Secretary H.R. 1127: Mr. BENTSEN, Mr. DEFAZIO, Mr. H. Res. 174: Mr. MINETA, Mr. SERRANO, Mr. of the Interior for use in connection with the GOODLATTE, Mr. HUTCHINSON, Mr. JOHNSTON NADLER, Ms. SLAUGHTER, Mr. UNDERWOOD, administration of the Endangered Species of Florida, Mrs. MEYERS of Kansas, Ms. and Mr. SHAYS. Act of 1973, and for other purposes; to the PRYCE, Mr. WHITFIELD, and Mr. WOLF. H. Res. 200: Mr. DAVIS, Mr. BERMAN, Mr. Committee on Banking and Financial Serv- H.R. 1161: Mr. SAWYER, Mrs. MEEK of Flor- GEJDENSON, Mr. PALLONE, Mr. ACKERMAN, ices. ida, Mr. DREIER, Mr. BENTSEN, Mr. KILDEE, and Mr. SAXTON. 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, THURSDAY, SEPTEMBER 7, 1995 No. 138 Senate (Legislative day of Tuesday, September 5, 1995)

The Senate met at 9:30 a.m., on the SCHEDULE Mr. HEFLIN. Mr. President, due to expiration of the recess, and was called Mr. ASHCROFT. For the information the fact that no other Senator desires to order by the President pro tempore of all Senators, the Senate will proceed to speak, I ask unanimous consent that [Mr. THURMOND]. to a period for routine morning busi- I be allowed to proceed in morning ness not to extend beyond 10:30 a.m., business up to 5 minutes. PRAYER with Senators permitted to speak for The PRESIDING OFFICER. Without The Chaplain, Dr. Lloyd John up to 5 minutes, with the exception of objection, it is so ordered. Ogilvie, offered the following prayer: Senator MCCAIN, who is to be recog- f Let us pray: nized for up to 30 minutes. At 10:30 Gracious God, the day stretches out a.m., the Senate will resume consider- before us filled with more to do than it TRIBUTE TO SENATOR CLAIBORNE ation of the welfare bill, and the time PELL seems possible to accomplish. The rig- between 10:30 a.m. and 3:30 p.m. is ors of responsibilities and the pressures equally divided between the two man- Mr. HEFLIN. Mr. President, when of people weigh heavily upon us. We are agers. our colleague from Rhode Island an- deeply concerned for our Nation and At 3:30 p.m., Senator DASCHLE will be nounced his retirement, I could not long to give inspired leadership. recognized for up to 15 minutes to be help but think of what a gentleman he We humbly confess that in the midst followed by 15 minutes under the con- is and what an example he has set for of all the needs around us, our greatest trol of Senator DOLE. At 4 p.m., a roll- this body over the course of his 35-year need is to renew our relationship with call vote will occur on the Daschle career in the Senate. He is the walking You with an unreserved commitment amendment to the welfare bill. embodiment of civility, a reminder of of our lives to You. You have made Additional amendments are expected the days when politics and public serv- commitment the secret of spiritual to be offered following the disposition ice were indeed kinder and gentler. power for successful leadership. Thank of the Daschle amendment. Therefore, You for the confidence we have when First elected in 1960, CLAIBORNE PELL votes can be expected into the evening is not only Rhode Island’s senior public we commit to You our worries and in order to make progress on the wel- fears and receive Your amazing grace servant, but also one of the Nation’s fare bill. senior statesmen. Only Senators THUR- and abundant guidance. I call this to the attention of the So we renew our commitment to You MOND and BYRD have served here Senate for purposes of restating this longer. He is one of the best arguments as our Lord and Savior, our strength agreed-upon procedure. and courage, our guide and inspiration. around today against term limits on f We commit our relationship to You. Members of Congress. Senator PELL’s Help us to communicate Your hope and MORNING BUSINESS father, Herbert Claiborne Pell, Jr., served as a Congressman from New encouragement to the people around The PRESIDING OFFICER. Under us. Most of all, we commit to You the York from 1919 to 1921 and was a close the previous order, there will now be a friend of Franklin Roosevelt and min- work of this Senate today. We are here period for the transaction of morning by Your appointment to glorify You ister to Portugal and Hungary. He had business. five other relatives who served in Con- and not ourselves. We turn over to You Mr. HEFLIN. Mr. President, I suggest gress as well. the challenges and decisions before us the absence of a quorum. today. God, bless America today The PRESIDING OFFICER (Mr. The younger PELL himself served as a throughout the work we do together. In ASHCROFT). The clerk will call the roll. foreign service officer for several years, our Lord’s name. Amen. The assistant legislative clerk pro- then settled in Newport, along with the f ceeded to call the roll. Vanderbilts and Auchinclosses. Most of Mr. HEFLIN. Mr. President, I ask us know him as the quiet, deliberate, RECOGNITION OF THE ACTING unanimous consent that the order for thoughtful chairman, and now ranking MAJORITY LEADER the quorum call be rescinded. member, of the Senate Foreign Rela- The PRESIDENT pro tempore. The The PRESIDING OFFICER. Without tions Committee. He was present at the acting majority leader is recognized. objection, it is so ordered. birth of the United Nations in San

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

S 12753 S 12754 CONGRESSIONAL RECORD — SENATE September 7, 1995

Francisco 50 years ago, and today car- LEY’s distinguished career in public is because, in behalf of myself and Sen- ries a copy of the U.N. Charter in his service. His 1982 fair tax proposal led ator SARBANES, as well as our col- coat pocket. This ‘‘eccentricity,’’ as directly to the landmark 1986 tax re- leagues from the other side of the Po- one news account called it, is a testa- form bill. The plan was to cut tax rates tomac, Senators WARNER and ROBB, I ment to the importance Senator PELL sharply and eliminate most preferences send to the desk a resolution congratu- has always placed on an international and tax shelters. He took a broad con- lating Cal Ripken, Jr., on the occasion organization aimed at promoting world cept and, in characteristic fashion, of breaking the Major League baseball peace and cooperation. filled in the details with exacting care. record for consecutive games played, Senator PELL’s greatest legacy prob- This was a major piece of legislation and I now ask for its immediate consid- ably will lie in the field of education. whose passage was remarkable, espe- eration. He is the second-ranking Democrat on cially since Senator BRADLEY had rel- The PRESIDING OFFICER. The the Committee on Labor and Human atively little seniority and was, at the clerk will report. Resources and for years chaired the time, serving in the minority. But as The legislative clerk read as follows: Subcommittee on Education, the Arts, President Reagan, the Treasury De- A resolution (S. Res. 167) congratulating and Humanities. He made a particular partment, the Ways and Means chair- Cal Ripken, Jr., on the occasion of his break- mark in setting up a grant program for man in the House, the Finance chair- ing the Major League baseball record for the needy college and university students. man in the Senate, and other key lead- highest total number of consecutive games These Pell grants, as they are officially ers embraced comprehensive tax re- played. called, have become familiar to a gen- form, Senator BRADLEY was there The PRESIDING OFFICER. Is there eration of students. He has also been a every step of the way. He quietly en- objection to the immediate consider- leader in promoting ocean research. couraged others, avoiding the spotlight ation of the resolution? A statement Senator PELL made in while offering advice and lobbying There being no objection, the Senate his retirement announcement summa- Members. He even played basketball proceeded to consider the resolution. rizes his philosophy and approach to with some Members. In spite of his un- Ms. MIKULSKI. Mr. President, I public service. He said, obtrusive manner and behind-the- would also further like to thank the I consider . . . the United States Senate a scenes style, he emerged as the indis- Republican leader, Senator DOLE, for marvelous institution. . . . And I continue to pensable man in getting the bill allowing the Senate to have no more believe that government, and the federal through Congress. votes after 5:30 last night so those Sen- government in particular, can, should, and Senator BRADLEY’s has been one our ators who were fortunate enough to does make a positive impact on the lives of most eloquent voices on the issue of have tickets to the game could get most Americans. race relations in this country. He has there to be there on time, to hear the There is no doubt that CLAIBORNE long called for a national dialog on the national anthem sung, and Mr. PELL has contributed significantly and issue, free of the ideological extremes Ripken’s children throw out the cere- tangibly to that positive impact over that tend to make thoughtful and monial first ball and to see America as the last 31⁄2 decades. frank discussion of race relations rare, it really ought to be. So I would like to In his announcement, Senator PELL if not impossible. His well-thought-out thank the majority leader for the cour- also thanked the people of Rhode Is- and reasoned pronouncements have tesy that he extended to me and to the land for having tolerated his eccen- often had a cooling effect, and have other Senators. tricities. If those eccentricities include raised the level of the arguments above Mr. President, it is with pride and en- a quiet, unassuming manner character- the harsh rhetoric often associated thusiasm that I rise today to honor a ized by thoughtful reflection, medita- with the issue. This is true on other is- baseball hero, a Maryland hero, and an tion, honesty, and courtliness, then we sues as well, especially during foreign American hero. Last night Cal Ripken, should all aspire to be eccentric in the policy crises. Jr., broke baseball’s endurance record. ways that our dear friend from Rhode I look forward to working with Sen- Cal Ripken played in his 2,131 consecu- Island is eccentric. He is eccentric in ator BRADLEY during the time we have tive ballgame, and in doing so, he the best sense of the term. I congratu- left together in the Senate, and wish broke Lou Gehrig’s record in consecu- late Senator PELL, look forward to him all the best for whatever his future tive games played. Yes, Cal surpassed serving with him for the remainder of might hold after he leaves. I am con- the great Iron Horse, Lou Gehrig, by this Congress, and wish him all the fident that he will, for many years to playing 2,131 straight games. Cal has best for the future. come, continue to influence the direc- started every game as a Baltimore Ori- f tion of our country and will continue ole player since May 30, 1982. to provide valuable leadership on the Now, Cal has achieved many honors TRIBUTE TO SENATOR BILL important issues that confront us. already, in his career: Two league Most BRADLEY I yield the floor. Valuable Player awards, 13 All-Star Mr. HEFLIN. Mr. President, like The PRESIDING OFFICER. The Sen- games, and two Golden Glove awards. each and every Member of this body, I ator from Arizona is recognized for 30 These are just a few of his many ac- was surprised—shocked is not too minutes. complishments. His streak is astound- strong a word—when our colleague Mr. McCAIN. I thank the Chair. ing for the character and the commit- from New Jersey announced that he (The remarks of Mr. MCCAIN and Mr. ment it represents. To the people from would not be running for a fourth term FEINGOLD pertaining to the introduc- Maryland like me, the streak means so in the Senate. I could not help but feel- tion of legislation are located in to- much more, though, than physical en- ing that with the loss of Senator BRAD- day’s RECORD under ‘‘Statements on In- durance and awards. For us, Cal’s ef- LEY, the Senate would be losing one of troduced Bills and Joint Resolutions.’’) fort is a testimony to what someone its most intellectual, thoughtful, and f can achieve when they put team inter- hard-working Members, perhaps one of ests ahead of self interests. its most unique ever. CONGRATULATING CAL RIPKEN, Cal has not done this just for the BILL BRADLEY is indisputably capa- JR., ON BREAKING THE MAJOR sake of breaking a record; he broke ble, an outstanding student of and LEAGUE BASEBALL RECORD FOR that record because that is how he original thinker on major economic MOST CONSECUTIVE GAMES lives. He gives 100 percent every day. and foreign policy issues, as well as a PLAYED Ask any of the hundreds of Baltimore reflection of mainstream public opin- The PRESIDING OFFICER. The Orioles, who played with him over the ion in this country. He is careful and Chair recognizes the Senator from last 14 years. Ask Cal’s coaches who deliberate in his judgments, and often Maryland. have seen him rededicate himself every provides a fresh and enlightening per- Ms. MIKULSKI. I thank you, Mr. day. Ask any of the thousands and spective on the many complex issues President. thousands and even millions of Orioles that come before the Senate. Mr. President, I thank the Senator fans for whom he stayed at the ball- Our Nation’s tax structure has been from Arizona for yielding. He knows park late at night, willing to sign auto- one of the focuses of Senator BRAD- why I rise on the Senate floor today. It graphs, appear at charity events and be September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12755 there for Baltimore and be there for Mr. SARBANES. Mr. President, last change the postal abbreviation out there the Orioles. Ask any of the millions of night, September 6, 1995, at Oriole Park from CA to CAL. baseball fans who have watched him at Camden Yards, not far from my Hold on—back at that Baltimore mater- handle himself with dignity, who have home in Baltimore, Cal Ripken broke nity ward, it turns out instead to be twins; girls, yet. Okay, their names will be Callie watched him handle himself with gal- baseball’s most enduring record of con- and Vinnie. lantry on the playing field and off the secutive games played. In surpassing To be a Baltimorean is to feel, right now, playing field. We have watched him Lou Gehrig’s streak of 2,130 games, Cal exalted. Some 1,525 daily newspapers are still also treat others with dignity through- Ripken has secured a place in sports published in this country and every last one, out his career. And, you know, if you history, and in the hearts and minds of it may well be, will print a news story to- ask Cal why he did it, he will tell you all who love baseball. morrow that is datelined Baltimore—a great- he wants to give his team the best This accomplishment is much more news, feel-wonderful story. chance of winning each and every than an event to be chronicled in the The news is of a new endurance mark, one that won’t be outdone until the 2000s, if then; game, and give the game the good record books; it is a tribute to Cal a mark set by a Baltimore Oriole, by a man name that it deserves. Ripken’s dedication to excellence—ex- who as a major leaguer has played only for Mr. President, this celebration is not cellence in athletics as well as excel- our Orioles. Season after season, starting in for Cal alone but also for the man who lence in sportsmanship. In a time 1982, our tall shortstop has never missed a held that record for so many years. bereft of heroes, we admire persons game. His bones refused to crack; his joints, Lou Gehrig represented the same quali- such as Cal Ripken who exemplify high on being wrenched, simply unwrenched; his ties that we look for in Cal Ripken. It standards. Cal plays for the love of the sinews (no matter how hard he flung the ball game. He does not play for the fame; he over to first) never tore. People applaud is words like masculine virtue, honor, Cal’s upbringing; a further help from family integrity, being with your team, stand- cares little about the glory. What he is that while the Birds were on the road, no ing up for what is right. The Lou does care about is playing baseball to call came to be present instead for wedding Gehrig record had really helped create his fullest potential. His affection for or funeral. The nation that reads, or watches a Yankee dynasty, and Lou Gehrig was the game shines like a beacon in the some announcer read, will long equate the the major reason for that dynasty. Lou night. His love of the game and his name Ripken with stoic, determined tough- Gehrig was in a class all by himself. He dedication has led him to this record. ness. will always be a champion and have a Neither money nor fame could have For there to be interest in continuity, a guided him to such a pinnacle in his ca- sport has to have gone on awhile; only in the unique place in baseball. current century did baseball’s busy statisti- It was thought during Gehrig’s time reer. cians, checking for uninterrupted participa- that the record would never be broken. We call baseball our national pas- tion, proclaim their first durability champ— However, I believe that if Lou Gehrig time. But for many of us it is much at 727 consecutive pennant-season games, were alive today he would admire Cal more than that. It brings us back to an Steve Brodie, centerfielder for the 1890s Bal- Ripken and see a man following in his era where the players were larger than timore Orioles. The original games-in-a-row footsteps, putting pain and self-inter- life and inspired us to the same great- search, however, had to do with base hits. There the original titleholder, at 44 games, est aside, and see a man working hard- ness. When players like Gehrig rambled out onto the field they were more than proved to be Willie Keeler, rightfielder for er than anyone else. He would see Cal the 1890s Orioles. Ripken trying to be the best player and men: they were heroes. At a time when Is perseverance a municipal characteristic? the best person he could be, and I be- people are searching for heroes, Cal Let others say—watching us struggle, even lieve that the ‘‘Pride of the Yankees’’ Ripken stands proudly and quietly at now, to get the world to spell Calvin Edwin would tip his hat in respect for the the forefront of those we have to offer Ripken Jr. correctly. ‘‘Pride of the Orioles.’’ our children. He is a man of dignity, With Cal Ripken, just as much off the dia- quiet workmanship, and humility. It is mond as on, another quality shines. Put it Mr. President, I believe that people this way, as the Camden Warehouse banner in positions of public trust should serve in keeping with these qualities that his children, Rachel and Ryan, threw out signals 2131: What a city this would be, what as role models for young people. I be- a state, were those of us watching and cheer- lieve this includes athletes and public the first pitches to the game that ing to go forth, afterward, bent on creating officials. So, today, I am proud to say would assure that their father crossed some kind of excellence and decency streak that some of Cal’s greatest achieve- the threshold from extraordinary play- of our own. ments have actually come off the field. er to a legend. He is a role model for kids. When so Mr. President, I ask unanimous con- TEXT OF RIPKEN’S SPEECH many are teaching the philosophy of sent that an editorial, lauding Cal After last night’s record-breaking game, ‘‘me, only,’’ he represents the philoso- Ripken’s streak and his character, Cal Ripken delivered the following speech: from the September 6, 1995, edition of When the game numbers on the warehouse phy of ‘‘we, together.’’ changed during fifth innings over the past Also, he represents the philosophy of the Baltimore Sun, as well as Cal Ripken’s statement and excerpts from several weeks, the fans in this ballpark re- giving your time to your community. sponded incredibly. I’m not sure that my re- remarks presented by his teammate His efforts at raising financial re- actions showed how I really felt. I just didn’t sources to fight pediatric cancer at Brady Anderson, be printed in the know what to do. ECORD. Johns Hopkins—on the night that he R Tonight, I want to make sure you know There being no objection, the mate- tied the Gehrig record, Baltimore how I feel. As I grew up here, I not only had rial was ordered to be printed in the dreams of being a big-league ballplayer, but raised over $1 million to give to Johns RECORD, as follows: also of being a Baltimore Oriole. As a boy Hopkins for research on the Lou Gehrig and a fan, I know how passionate we feel disease. That is what Cal Ripken is. [From the Baltimore Sun, Sept. 6, 1995] about baseball and the Orioles here. And as And, most important, Cal is a loving OUR CAL a player, I have benefited from this passion. father, husband and son. Somewhere in this favored city, we should For all of your support over the years. I It is fair to say that the streak does like to think, today a male infant is being want to thank you, the fans of Baltimore, not end when Cal steps off the field. born, and named Cal. from the bottom of my heart. This is the The field is only where it begins. Somewhere, as the possibilities grow, a greatest place to play. court of law is approving a grown-up’s This year has been unbelievable. I’ve been So on behalf of all Marylanders and change of name to become Mr., Mrs. or Ms. cheered in ballparks all over the country. the Nation’s baseball fans, I want to Calripken. People not only showed me their kindness, congratulate Cal Ripken for his Fielding still another dream—from a win- but more importantly, they demonstrated achievement. Maryland and America dow at 2131 East or West Baltimore Street, their love of the game of baseball. I give my are proud of him. Today is Cal’s day. or 2131 Maryland Avenue, a banner flies: thanks to baseball fans everywhere. And in Baltimore and in his hometown black background, large yellow numeral 8. I also could express my gratitude to a of Aberdeen, it is ‘‘Calleluia Day.’’ So In the distance: north and east of Balti- number of individuals who have played a role more, traffic on U.S. 40 is backed up for in my life and my career, but if I try to men- to commemorate his record, I am sub- miles, by the street dancing in Ripkentown, tion them all, I might unintentionally miss mitting this Senate resolution along formerly Aberdeen. someone and take more time than I should. with my colleagues to honor this re- Politics enters, the governor of California There are, however, four people I want to markable achievement. vowing that, once elected president, he will thank especially. Let me start by thanking S 12756 CONGRESSIONAL RECORD — SENATE September 7, 1995 my dad. He inspired me with his commit- man’s accomplishments and contributions his house, Rachel’s first day of school ment to the Oriole tradition and made me enhance, rather than diminish, the other’s; was undoubtedly the most important understand the importance of it. He not only for what finer tribute can one player give to occasion. taught me the fundamentals of baseball, he another than his uncompromising excel- I congratulate Cal Ripken, his wife taught me to play it the right way, the Ori- lence? ole way. From the very beginning, my dad Cal, you have inspired many teammates; Kelly, daughter Rachel, and son Ryan. let me know how important it was to be you have delighted million of fans; you have Cal Ripken has made Americans re- there for your team and to be counted on by given the nation uncountable memories. member why baseball is our national your teammates. Your pride in and love for the game are at a pastime—and how much true heroes My mom, what can I say about my mom? level few others will reach. Cal, thank you. mean to us. She is an unbelievable person. She let my Mr. WARNER. Mr. President, the Ms. MIKULSKI. I urge all of my col- dad lead the way on the field, but she was front page of today’s Washington Post leagues to join in the celebration by there in every other way—leading and shap- says it all: ‘‘History Embraces adopting this resolution. ing the lives of our family off the field. She’s The PRESIDING OFFICER. The the glue who held our lives together while we Ripken.’’ As an original cosponsor of grew up, and she’s always been my inspira- the resolution just submitted by my question is on agreeing to the resolu- tion. friend and colleague from Maryland, tion. Dad and Mom laid the foundation for my Senator MIKULSKI, I applaud Cal The resolution (S. Res. 167) was baseball career and my life, and when I got Ripken, Jr.’s magnificent accomplish- agreed to. to the big leagues, there was a man—Eddie ment. The preamble was agreed to. Murray—who showed me how to play this Last night’s recordbreaking achieve- The resolution, with its preamble, is game, day in and day out. I thank him for ment by Ripken restored America’s as follows: his example and for his friendship. I was S. RES. 167 lucky to have him as my teammate for the love for and pride in our national pas- years we were together, and I congratulate time, but it was not just a victory for Whereas on May 30, 1982, Cal Ripken, Jr. him on the great achievement of 3,000 hits baseball. What we are celebrating is became the regular starting shortstop for this year. not just Ripken’s 2,131st consecutive the Baltimore Orioles baseball club; As my major-league career moved along, game, or the home run which punc- Whereas Cal Ripken, Jr. has not missed a single day of work in the intervening 14 the most important person came into my tuated it so perfectly. life—my wife, Kelly. She has enriched it with years; Rather, Cal Ripken, Jr.’s achieve- Whereas on September 6, 1995, Cal Ripken, her friendship and with her love. I thank ment is about greatness, about the es- Jr. played in his 2,131st consecutive Major you, Kelly, for the advice, support, and joy sence of being and being an American. League Baseball game, breaking the long- you have brought to me, and for always standing record held by the great Lou being there. You, Rachel and Ryan are my Cal Ripken, Jr. is a modest hero, a Gehrig; life. humble role model, a decent citizen, a Whereas Cal Ripken, Jr. has been a first- These people, and many others, have al- caring father, a loving husband. He is rate role model for the young people of Balti- lowed me, day in and day out, to play the committed to his craft, his community, more, the State of Maryland, and the United American game of baseball. and his country. States; Tonight I stand here, overwhelmed, as my Yes, history has embraced Cal Whereas Cal Ripken, Jr. has been named name is linked with the great and coura- Ripken, Jr. But, more importantly, he by America’s baseball fans to 13 American geous Lou Gehrig. I’m truly humbled to have has reminded Americans to celebrate League All-Star teams; our names spoken in the same breath. Whereas Cal Ripken, Jr. was named the Some may think our strongest connection all that is good about themselves and American League’s Most Valuable Player for is because we both played many consecutive their country. the 1983 and 1991 seasons; games. Yet I believe in my heart that our Congratulations to Cal, to his family, and to a Nation of friends who share Whereas Cal Ripken, Jr. was a member of true link is a common motivation—a love of the 1983 World Series Champion Baltimore the game of baseball, a passion for our team, his ideals. Orioles baseball team; and a desire to compete on the very highest Mr. ROBB. Mr. President, I rise Whereas Cal Ripken, Jr. was named the level. today to commend the extraordinary Most Valuable Player in the 1991 All-Star I know that if Lou Gehrig is looking down accomplishments of Cal Ripken, Jr. As game; on tonight’s activities, he isn’t concerned we all know, last night at Oriole Park Whereas Cal Ripken, Jr. has twice been about someone playing one more consecutive awarded baseball’s most prestigious award game than he did. Instead, he’s viewing to- at Camden Yards, Cal Ripken broke a record that was once considered un- for excellence in fielding, the Gold Glove night as just another example of what is Award, for the 1991 and 1992 seasons; good and right about the great American breakable. Whereas in the distinguished career of Cal game. Whether your name is Gehrig or From 1982 until today, the one con- Ripken, Jr., he has demonstrated an extraor- Ripken: Dimaggio or Robinson; or that of stant in the ever-changing world of dinary work ethic, and dedication to his pro- some youngster who picks up his bat or puts baseball has been the presence of No. 8 fession, his family, and his fans; and on his glove: You are challenged by the game in the Baltimore Orioles line-up. In an Whereas the humility, hard work, desire, of baseball to do your very best day and day era where job insecurities increasingly and commitment of Cal Ripken, Jr. have out. And that’s all I’ve ever tried to do. made him one of the best-loved and the most Thank you. permeate our society, Cal Ripken’s breaking of Lou Gehrig’s long-standing enduring figures in the history of the game of baseball: Now, therefore, be it ANDERSON’S TRIBUTE record while playing for the same team Resolved, That the United States Senate Excerpts from the speech Brady Anderson during the entire streak, seems even congratulates Cal Ripken, Jr. for his out- delivered on behalf of Orioles players after more remarkable. standing achievement in becoming the first last night’s game: Without a doubt, this new record has player in the history of Major League Base- For 14 years, Cal Ripken has played for the reinvigorated American’s interest in ball to compete in 2,131 consecutive games. Orioles with skill, determination and dedica- baseball. And the fact that the record- Ms. MIKULSKI. I move to reconsider tion. His inspiration has always been a love holder is such a solid, decent, and hum- the vote, and I move to lay that mo- for the game, his teammates and the devoted ble man adds extra luster to this un- tion on the table. fans of Baltimore. precedented achievement. The motion to lay on the table was The record which has been broken today While this record is an extraordinary speaks volumes about a man who never un- agreed to. duly focused on this achievement, but ac- testament to Cal Ripken’s dedication Ms. MIKULSKI. Thank you, Mr. complished it through years of energy, in- to the game of baseball, his actions President. credible inner resources and an unflagging during the closing days of this streak I suggest the absence of a quorum. passion for the sport. are even more telling. In the early The PRESIDING OFFICER. The But fame is a dual-edged sword, and his is morning of September 6, 1995, as Cal clerk will call the roll. no exception. Incredible pressure has been stood poised on the edge of baseball im- The legislative clerk proceeded to placed on Cal as it became increasingly ap- mortality, he accompanied his daugh- call the roll. parent that this achievement could be real- ter Rachel to her first day of school. Mr. MOYNIHAN. Mr. President, I ask ized. In breaking this record, he surpasses the playing streak of Lou Gehrig, an excep- And when asked which event held more unanimous consent that the order for tional baseball player. significance—the breaking of Lou the quorum call be rescinded. I know Cal is honored to be in the company Gehrig’s record or his daughter’s first The PRESIDING OFFICER. Without of such a legend, just as we know that each day of school—Cal responded that in objection, it is so ordered. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12757 JAPAN-UNITED STATES SENATE BIPARTISAN BUDGET SUMMIT to reach a bipartisan agreement on the YOUTH EXCHANGE PROGRAM NEEDED NOW budget. And the General Accounting Mr. LUGAR. Mr. President, I would Mr. LEAHY. Mr. President, it is time Office calculated that the resulting 3- like to draw the attention of my Sen- for a bipartisan summit on the budget. day Government shutdown cost tax- ate colleagues to a successful inter- As I said back in June during the de- payers between $244 and $607 million. national exchange program involving bate on the 1996 budget resolution, I Government shutdowns also hurt the the youth of America. This program, fear that the Republican congressional citizens in our society who depend on the Japan-United States Senate Youth leadership and the President are on a our Government the most. In 1979, an Exchange Program has been sponsored collision course over the budget. 11-day Government shutdown led to over the years by the Government of An immediate bipartisan budget delays in Federal payments for housing Japan and the Center for Global Part- summit is needed to forge a solution to subsidies, delays in GI bill education nership and has been sending young next year’s appropriations bills, or we checks, and delays in aid to the dis- students from the United States to will have a disaster on our hands that abled. Japan for the past 15 years. will force the entire Government to an A longer shutdown could hurt senior The program, which was inaugurated abrupt halt this fall. citizens who rely on their Social Secu- by Prime Minister Zenko Suzuki in The start of the 1996 fiscal year is rity income, students who rely on Fed- 1981, offers outstanding United States less than a month away, yet we are far eral loans, farmers who rely on Federal high school students the opportunity from completing the 13 annual appro- support programs, travelers who rely to spend a summer with a Japanese priations bills needed to fund the Gov- on our air traffic control system, and host family through Youth for Under- ernment. In fact, we are very close to a consumers who rely on meat inspec- standing [YFU] International Ex- fiscal disaster. tions. change. As these young people assume The House, Senate, and the President We need a bipartisan budget summit positions in business, government, edu- are still miles apart on these bills to avoid such a costly Government cation, and other endeavors, they play without much effort being made to find shutdown. For a summit to succeed, a significant role in strengthening the common ground within the next 30 everything must be on the table: taxes, bonds between Japan and the United days. And the administration is now health care reform, entitlement re- States. preparing contingency plans for agen- form, further spending reductions, and In the past, 2 students from each of cies to continue essential operations in the time it will take to get to a bal- the 50 States of the United States were case we fail to agree before the first of anced budget. selected to participate in this exchange October. Such a summit will be a grueling, program. Because of funding reduc- I see little hope for an agreement if sometimes acrimonious, encounter. tions, only 1 student from each State we keep to our current course. But anyone who has studied the var- now participates in the program. This Of the 11 appropriations bills passed ious blueprints can see the outlines of is regrettable and represents a down- so far in the House, President Clinton an agreement. ward trend in international exchanges. has threatened to veto 6. The Senate Both Republicans and Democrats The imbalance of exchanges between has passed seven appropriations bills, agree that we must consolidate unnec- the United States and Japan is worri- with huge differences from their House essary Government programs, reform some: there are 20 Japanese exchangees counterparts. Indeed, the Senate and welfare, and control Medicare and Med- in the United States for every 1 Amer- House have reached agreement on only icaid spending. We may now disagree ican exchange student in Japan. And one appropriations bill. on some of the details for accomplish- funding from Japan for exchanges is The political rhetoric is heating up ing these goals, but that is why we much greater than funding from the as the fiscal disagreement continues. need a bipartisan summit—to hammer United States. I hope this imbalance Speaker of the House NEWT GINGRICH out the details of a compromise. can be corrected. has declared that: ‘‘The budget fight f Mr. President, the Japan-United for me is the equivalent of Gettysburg States Senate Youth Exchange Pro- in the Civil War.’’ CONCLUSION OF MORNING gram has been functioning in the best President Clinton has also refused to BUSINESS interests of the United States, Japan, back down, saying: ‘‘I will not be The PRESIDING OFFICER. Morning and the individual student and family blackmailed into selling the American business is closed. participants. I want to take this occa- people’s future down the drain to avoid f sion to salute and encourage the efforts a train wreck. Better a train wreck.’’ of both public and private contributors This push for a train wreck is stupid FAMILY SELF-SUFFICIENCY ACT who have assisted and continue to as- on both sides. We don’t need to shut The PRESIDING OFFICER. Under sist this worthwhile program. down the Government to prove we are the previous order, the hour of 10:30 f Democrats or Republicans. We all a.m. having arrived, the Senate will know that an all Republican budget now resume consideration of H.R. 4, THE BAD DEBT BOXSCORE will not become law or an all Demo- which the clerk will report. Mr. HELMS. Mr. President, before cratic budget will not become law. The legislative clerk read as follows: discussing today’s bad news about the This political posturing is just what A bill (H.R. 4) to restore the American Federal debt, how about ‘‘another go’’, Vermonters tell me that they dislike family, reduce illegitimacy, control welfare as the British put it, with our pop quiz. about Washington. spending, and reduce welfare dependence. Remember? One question, one answer. Shutting down the Government in an The Senate resumed consideration of The question: How many millions of attempt to score political points will the bill. only bring more scorn of our political dollars does it take to add up to a tril- Pending: lion dollars? While you are thinking system. It is time to put our political Dole modified amendment No. 2280, of a about it, bear in mind that it was the differences aside and come together in perfecting nature. U.S. Congress that ran up the Federal a bipartisan budget summit—before the Daschle modified amendment No. 2282 (to debt that now exceeds $4.9 trillion. crisis. Amendment No. 2280), in the nature of a sub- To be exact, as of the close of busi- Our political system will not be the stitute. ness yesterday, September 6, the total only loser if political gamesmanship The PRESIDING OFFICER. Under Federal debt—down to the penny— causes a Government shutdown—a the previous order, the time until 3:30 stood at $4,969,749,463,346.30, of which, shutdown will also be a loser for U.S. p.m. shall be equally divided between on a per capita basis, every man, taxpayers. Government shutdowns the managers. woman, and child in America owes waste taxpayer money. Mr. MOYNIHAN addressed the Chair. $18,865.25. In 1981, for example, the Government The PRESIDING OFFICER. The Sen- Mr. President, back to our pop quiz, spent $5.5 million to close offices and ator from New York is recognized. how many million in a trillion: There send workers home. In 1990, a President Mr. MOYNIHAN. Mr. President, it are one million million in a trillion. and Congress of different parties failed has been understood with my friend, S 12758 CONGRESSIONAL RECORD — SENATE September 7, 1995 the distinguished chairman of the Com- Sen. Phil Gramm for the Republican presi- money and were very successful. They mittee on Finance, that time is equally dential nomination. That was clear when Mr. were well liked and also contributed divided, and that should there be no Dole gave a speech the other day in Chicago much to the community. speaker seeking recognition, we will promising to fight ‘‘for revolutionary change The two families had taken different vote by vote and bill by bill,’’ and Mr. suggest the absence of a quorum and Gramm responded rapid-fire at a Washington routes. One chose ministering in a the time will be charged equally to news conference. ‘‘I see Sen. Dole moving to small rural church where they were each side. the right in speeches every day,’’ Mr. Gramm never to earn any significant amount Mr. PACKWOOD. That has been said. ‘‘I don’t see it reflected in what he’s of money and always lived near sub- agreed upon. doing in the United States Senate.’’ sistence. The other chose to pursue an Mr. MOYNIHAN. I thank my friend. This is a bad context in which to legislate occupation that would lead them to ac- Mr. President, in auspicious timing, on a problem such as welfare, where the cumulate a substantial amount of as- the Washington Post has a splendid tough issues will not be solved by a resort to sets. Both were good families and both doctrine or slogans. Take a particularly hard editorial this morning entitled ‘‘Wel- question: If welfare is turned into a block contributed to their community. fare: Two Kinds of Compromise.’’ grant, should states, in exchange for receiv- My friend said, ‘‘I wonder if my par- It speaks of the compromise that was ing something close to their current levels of ents contributed less to their commu- notably on display when Congress, the federal aid, be required to maintain some- nity than the folks down the block who Nation’s Governors, and President thing like their current level of spending on made a substantial amount of money.’’ Reagan worked out some of the better the poor. Those spending levels, after all, got I think not. I think they made at least provisions of the Family Support Act them their current allotments of aid in the as great a contribution. But they ended in 1988, aimed at reforming welfare. first place. A small group of Senate Repub- up with nothing. licans who are trying to prevent Mr. Dole I use that story to illustrate that, for The parties all agreed on the sensible prin- from reacting to Mr. Gramm by doing any- ciples that the Federal Government should thing he wants, rightly see this as a central some in this country these days, being help the poor and that the existing welfare issue. But it’s easy to include a provision in poor is out of fashion. If you are poor, program was not doing enough to move peo- a bill labeled ‘‘maintenance of effort,’’ as Mr. somehow you just did not make it in ple into jobs. The resulting bill was far from Dole effectively has, and make it essentially America and you chose not to spend all perfect and was not adequately financed— meaningless, as Mr. Dole also effectively of your time trying to maximize your that’s why welfare reform is still very much has, by allowing states to count all sorts of income. So you end up in cir- a live issue—but it did result in some suc- extraneous expenditures as meeting this cesses that could be built upon with a new cumstances, after age 70 and after hav- ‘‘maintenance of effort’’ requirement and ing ministered for 40 years in a rural round of reform. having the requirement expire in a couple of Mr. President, some time later in our years. The provision would give Mr. Dole church, where you have nothing. And debate, I will offer the Family Support cover with his party’s moderates without maybe you end up needing some help Act of 1995, which builds on the 1988 really giving them much of substance. It’s from someone. But that is not dis- legislation, which passed out of this fake compromise. Much more of that sort of graceful. It was because you chose to thing could become the rule in the coming Chamber 96 to 1. I recall that there was contribute in other ways during your weeks. lifetime and chose not to spend 50 great bipartisan harmony in the Rose Mr. Gramm can make welfare a center- Garden when President Reagan signed years trying to maximize your income. piece of his campaign against Mr. Dole if he The question is, did the minister and it. wants to. But the rest of the Senate, not to In the Committee on Finance, I of- mention President Clinton, does not need to his family contribute less to our coun- fered the Family Support Act of 1995, be complicit in turning a momentous piece try? No, they did not. They found and it failed to pass, by 12 votes to 8, of legislation over to the politics of sound themselves in circumstances of some which is scarcely an overwhelming re- bites. Far better no welfare bill than the difficulty—without income, without re- kind likely to be created in this atmosphere. jection. It was a party-line vote, I am sources, without assets. There are a lot sorry to say. Seven years ago it was Mr. MOYNIHAN. I see my distin- of good people in our country just like very different. But we will have an op- guished friend, the Senator from North them. The people I just described are atypi- portunity to discuss it. Dakota, on the floor, and I am happy cal. The more likely and typical person I ask unanimous consent, as we begin to yield him 20 minutes if that will be in need in this country, with respect to this morning, to have this editorial sufficient for his purposes. The PRESIDING OFFICER. The welfare, is a young woman in poverty— printed in the RECORD. There being no objection, the article Chair recognizes the Senator from an increasingly feminine picture these was ordered to be printed in the North Dakota. days—who is raising children in a Mr. DORGAN. I thank the Senator household without two parents present. RECORD, as follows: from New York for yielding me the One morning at about 6 a.m., I went [From the Washington Post, Sept. 7, 1995] time to discuss the Daschle amend- down to a homeless shelter here in WELFARE: TWO KINDS OF COMPROMISE ment on welfare reform. Washington, DC, and sat there for a There are different kinds of political com- A friend of mine the other day de- couple of hours talking to the people promise. The best kind happens when the scribed a circumstance in his small who were there. I have told my col- contending parties find that substantive rural hometown. There was a Lutheran leagues on one previous occasion about agreement can be reached without a com- promise of principles. This sort of accord was minister who did not make very much my visit at the shelter with a 23-year- notably on display when Congress, the na- money ministering to a very small con- old young woman, whom I believe, had tion’s governors and President Reagan gregation, being paid a very small sal- three children, whose husband had left worked out some of the better provisions of ary. And because a minister in a small her, who had no skills, no high school the Family Support Act in 1988, aimed at re- town is paid very little, his wife gave education, no job, and no place to live. forming welfare. The parties all agreed on piano lessons in order to make a few She and her children, after having the sensible principles that the federal gov- dollars to try to make ends meet for spent the night in a temporary shelter, ernment should help the poor and that the him and his wife. These folks were the as they did every night, were then put existing welfare program was not doing enough to move people into jobs. The result- parents of the friend of mine who was on buses in order to be at this feeding ing bill was far from perfect and was not ade- referring them to me. He said they center at 6 a.m. quately financed—that’s why welfare reform lived in a very meager house provided I sat and visited with this young is still very much a live issue—but it did re- by the church and lived on a very mea- woman, and I discovered with her, as sult in some successes that could be built ger income all of their lives. They con- with virtually everyone else on welfare upon with a new round of reform. tributed to their community by min- with whom I have ever visited, that But there is a less honorable tradition of istering at the church and by his wife what she wanted most in life was a compromise involving not a quest for con- giving piano lessons and teaching Sun- good job. She was not asking me, can sensus but the artful manipulation of labels you give me a bigger welfare check? and slogans. It is this kind of compromise day school. that is most to be feared as Congress ap- At the other end of the block, there Can you find a way to extend your proaches the welfare issue. The debate now was a wonderful family, as well. This hand with more money, more benefits, seems hopelessly entangled in the rivalry be- family started a business, worked very more help? That is not what she was tween Senate Majority Leader Bob Dole and hard, made an enormous amount of asking. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12759 I was asking her what would she real- on welfare. We must eliminate those America’s children. Tens of millions of ly like if this morning she could wave people for whom welfare has become an America’s children are growing up in a wand and change her life? Her re- institutionalized way of life. We can circumstances of poverty. They were sponse was that she desperately wanted and will stop these abusers of the sys- born in circumstances of poverty not to have a job that paid her a sufficient tem. because they chose to, not because income so that she could save money The welfare bill that we have of- they decided that is what they wanted for a first month’s down payment to fered—Senator DASCHLE, Senator MOY- for their lives, but because of a cir- rent an apartment where she could live NIHAN, myself, and others—is a bill cumstance of birth. with her children. She said to me, I that says to those folks, if you believe Two-thirds of the people on welfare want a place to live. I know in order to that in this country you can live on in America are kids under 16 years of get a place to live, I need to get a job. welfare as a routine matter and you age. No one, no matter how thought- In order to get a job, I have to have are able bodied, then you are wrong. less they may be in public debate, some skills. I do look for work almost Welfare is temporary assistance. We would say, I hope, to a 4-, 6-, or 8-year- every day and I do get work. And the are willing to give it, we believe we old child we say: ‘‘You do not matter. minute I get work—it is occasionally must give it. But welfare is temporary Your hunger does not count. Your frying a hamburger at some franchise and it is conditional. Our bill says we clothing needs are irrelevant.’’ place and always at the minimum will offer a temporary hand if you are I have spent a lot of time working on wage—I lose my health care benefits down and out. But you have a respon- hunger issues as a Member of Congress for my children. The moment I try to sibility to take hold of that hand and and have told my colleagues before save $10 or $20 for the first month’s get out of poverty by getting training about a young man who made an indel- rent on an apartment so I could get rid to help you get a job. Our plan is in- ible impression with me. I will never of this homeless condition for me and tended to move people off the welfare forget it. A man named David Bright my children and find a place to live, rolls and on to payrolls. That is what from New York City, who also lived in the minute I save $10 or $20, I lose my our bill says. That is what we say to a homeless shelter, described to us on AFDC payment or it is reduced by the those folks. the Hunger Committee when I served same amount. The abuser—the able bodied who are in the House, his life in the shelter And as I drove back to the office here lazy, is a minority in the welfare sys- with rats and with danger and so on. on Capitol Hill the morning after I vis- tem. The bulk of the welfare recipients He said that no 10-year-old boy like me ited with her, I thought to myself, I am are represented by the woman I dis- should have to put his head down on pretty well educated. I have a couple of cussed earlier—the young woman liv- his desk at school in the afternoon be- college degrees. I have done pretty ing in poverty, a 23-year-old unskilled cause it hurts to be hungry. This from well. And I wondered how could I think woman with three children to raise, a 10-year-old boy telling us in Congress my way through this problem if I were and not the means with which to do it. about stomachs that hurt because they in this young woman’s situation? What She represents the bulk of the welfare did not have enough to eat. kind of a solution allows her to get off recipients. This welfare bill care about our kids The question is, What do we do about this treadmill, the treadmill of pov- in this country. We must decide, what- it? erty, helplessness, hopelessness? ever else we do about welfare, to take I honestly, putting myself in her po- Let me give a couple of other facts. It care of America’s children in the right sition, could not really think my way is also a stereotypical notion of welfare way—to give them hope, opportunity out of her problem. She cannot get a that we have a lot of people in this and, yes, nutrition, education, and job because she does not have the country who are simply producing shelter. skills. She cannot save money for a large numbers of children in order to down payment on rent because she does get more welfare benefits. It probably Now, when I talk about children, not have a job. If she gets a job and does happen, but it is not typical. there is one inescapable fact that the starts saving money, she loses AFDC The average size of the welfare fam- Senator from New York has talked payments for her kids. It is an endless ily in America is nearly identical to about at great length that has to be ad- circle of trouble for someone who is lit- the average size of the American fam- dressed in the context of welfare re- erally trapped in a cycle of poverty ily. Let me say that again because it is form. And that is the epidemic of teen- from which they cannot recover. important. In public debate we all too age pregnancies in this country. Now, I mention that story because in often use stereotypes, and the stereo- There will be roughly 4 million ba- order to talk about welfare reform, you type is the notion that there is some- bies born this year in America—rough- have to talk about two truths. One is one out there having 16 babies because ly. Over 1 million of those babies will often used by those of us in public of- producing babies allows them to get a be born in circumstances where two fice, regrettably, to talk about welfare. lot of welfare. The average size of the parents will not be present at the That is, the stereotypical notion of welfare family is nearly identical to birth. 900,000 of children born this year who is a welfare recipient. It is some the average size of the average family will never in their lifetime learn the bloated, overweight, lazy, slovenly, in- in our country. identity of their father. Think of the dolent, good-for-nothing person laying We spend about 1 percent of the Fed- circumstances of that, what it means in a Lazy Boy recliner with a quart of eral budget on welfare. A substantial to a society. Nearly 1 million babies beer in one hand and a Jack Daniels in amount of money is spent in many born this year will never in their life- another hand, with his hand on the tel- ways in our country, but we spend only time learn the identity of their father. evision changer watching a 27-inch about 1 percent of the Federal budget. The Democratic alternative we are color television set and unwilling to My interest in this issue has to do considering today addresses the issue get up and get out and get a job and go with two things. First, I would like to of teenage pregnancy and the epidemic to work, munching nachos all day long engage with people from as far right on that is occurring in this country. We watching Oprah, Geraldo, and Montel. the political spectrum as Pat Bu- address the circumstances where chil- That is the notion of the stereotypical chanan and people all the way to the dren are growing up in homes where welfare recipient. far left and say we all agree on one the parents are children themselves, I suppose that happens. There is, I thing: welfare is temporary. Welfare and they have no information or expe- suppose, a small element among wel- should not become institutionalized for rience to do adequate parenting. fare recipients who are inherently lazy, people who are able bodied and believe What we do in the Daschle amend- unmotivated, unwilling to work, and they ought to live off of the rest of the ment is that we want a national cru- have become institutionalized in the taxpayers for the rest of their lives. sade against teenage pregnancy; we say welfare system. This small element be- The temporary nature of welfare as- that teenage pregnancy is not some- lieves he or she can go on welfare and sistance is embodied in the Daschle thing that is acceptable to this coun- live on it forever, even if they are able bill. try. It is not something we should pro- bodied. That does happen. It should not Second, and more important to me, is mote or encourage; it is something we happen. It is a minority of the people an understanding of our obligation to should discourage. People should have S 12760 CONGRESSIONAL RECORD — SENATE September 7, 1995 children only when they are able to not done this in any necessary order. I is the quickest and most effective way care for them. guess I could have prioritized this wel- to do it. What this amendment says to a child fare discussion a bit more, but I wanted So, those who come to us with these who is going to have a child, a 16- or 17- to talk about a couple of component simple little placebos, who say take year-old child who is going to have a parts of it that are important to me. this and you can believe it is medicine, baby—which is happening all too often First, there is an assumption that if whether it is block grants or $100 bil- in this country—is you are not going to we reform the welfare system, there lion savings, it is pretty unimpressive be able to live in a separate residence if will be enormous savings. Savings of to me. that happens. You are not going to be $100 billion over 7 years, as I believe What we Democrats have done is put able to leave school and get public as- was estimated in the budget resolution, together an alternative. It is an alter- sistance. We say there are going to be are not going to happen. The fact is, if native that says welfare cannot be per- conditions for receiving assistance. we do what is necessary to reform the manent. Welfare is going to be tem- Every teenage mother who has a baby welfare system, to make it really work, porary. Welfare is not unconditional. out of wedlock has to understand this. we are not going to save money in the Welfare is going to be conditional. You If you do not stay in school, you will next 7 years. But we can build a better need help? We are going to give you lose all benefits—nothing. Benefits are country and make people more respon- some help. But you have a responsibil- terminated. And you are not going to sible and give people opportunity and ity in accepting that help. It is your re- be able to collect money to set up a get people off the welfare rolls and sponsibility to step up and out and off separate living arrangement for your- onto payrolls. of the welfare system and become a self and your baby. The woman in the homeless shelter productive member of our society on a Our proposal establishes some adult- that I talked about earlier is the rea- payroll somewhere. supervised living homes, where teenage son we are not going to save money. In The second element of our alter- mothers will have to live in supervised order for her to work and get a job, she native piece of legislation that is criti- circumstances and stay in school as a has two requirements. She has to get cally important is that we say we are condition for receiving benefits. We are some training to get a good job. And going to protect America’s children. saying this matters in our country. then, in order to work at the job, she Yes, we are going to reform the welfare There is teenage pregnancy epidemic has to have some child care. If she does system, but we are going to do it the that this country must deal with. It is not get the training, she will not get right way, with the right incentives also an epidemic that eats up a sub- the job. And if she does not have child that require responsibility for oneself. stantial amount of our welfare benefits care, she cannot work. Then, when That is the foundation of our approach. to respond to it. Our proposal says we those two requirements are met, one But, at the same time, we are also can and should do something about it. other element has to be present. If the going to protect America’s children. As I indicated, the Senator from New job that person gets does not provide Our plan leaves no questions unan- York has done an enormous amount of health care, then we have to have some swered about whether America’s chil- work on this issue. I commend him for Medicaid transition benefits as well. dren will be protected. it. He was the impetus in our Demo- If we do not do those three things, That is why I am delighted to be here cratic caucus for saying: This is wrong. welfare reform will fail. All three to support the Daschle initiative. I was This is going to hurt our country. This things cost money in the short term. In part of a large group of people who is going to disintegrate our society un- the long term, they will save money. helped construct it. I was not the less we address it in the right way. But there is no way on God’s green major architect. I know the Senator This amendment, the Daschle initia- Earth to believe someone who says, if from New York and others support it as tive, addresses teenage pregnancy, in we reform this welfare system—and we well. my judgment, in a very significant should and we will—and do it the right I have taken slightly more time than way. I am very proud to say this is the way, that we will save $100 billion in I intended, but I appreciate the gener- right way to do it. It is the right way the next 7 years. We can put the coun- osity of the Senator from New York. to go about it. try on the right track. We can do the I yield the floor. We also say something else. We say right thing. We can end dependency on to a young woman who has a child out welfare by able-bodied people, but we The PRESIDING OFFICER. The of wedlock, ‘‘If you are going to get will not save $100 billion and it is time Chair recognizes the Senator from New benefits, you have a responsibility to for everyone in this Chamber to under- York. help us identify who the father is. You stand that. Mr. MOYNIHAN. Mr. President, may have that responsibility. If you do not The second point I would like to I thank the Senator from North Da- do that, you do not get benefits.’’ We make about the financing of welfare is kota, Senator DORGAN, for beginning are going to find out who the father is, the notion embodied in the Republican today’s debate, today’s critical debate, and we are going to go after deadbeat proposal, that we can solve this prob- in an open, thoughtful, fair-minded dads. lem quickly and easily if only we sim- manner. Deadbeat dads have a responsibility ply aggregate all of this money into a Could I comment on just one particu- to help provide for those children. Not block grant and ship it off somewhere lar point? The Senator raised the ques- just taxpayers, but the people who fa- and thereby create some nirvana by tion of the children born out of wed- thered those children have a respon- which the welfare problem is solved. lock, and he is quite right. In 1992, sibility to provide some resources to By and large, block grants are block- 1,224,876 children were born out of wed- help those children. They each have a headed. They will, in my judgment, if lock—in some census tracts, 80 percent responsibility to be a parent. But in used routinely and repeatedly, as some of all children born. Happily, North Da- the event they will not do that, we are have suggested, on virtually every kota has been spared—or spared itself. going to make sure that they own up to issue coming before the Congress, re- This is something altogether new to the responsibility of providing re- sult in the most egregious abuse and our experience. sources for those children. waste of the taxpayers’ money we will And 30 years ago, you could not have Our bill is tough on absent parents have ever seen. discussed it on the Senate floor. There who are delinquent in child support. Do you want to describe how to pro- is a maturity coming to our debates. Our bill is tough on this issue. When a mote waste in Government? I will tell This was a subject—the ratio, in 1992, child is born out of wedlock and when you how. You have one level of Govern- reached 30.1 percent. It is probably al- a mother says ‘‘I now want benefits,’’ ment raise the money and then send it most 33 now. It has gone up every year we insist that mother help us identify to somebody else and say, ‘‘You spend since 1970. the father, and that father help pay for it. No strings attached. We will not In 1970, it was 10.6 percent. So it has and contribute to the well-being of watch.’’ If you want to promote irre- tripled, the ratio, and the number of that child. sponsible, reckless, wasteful, wild, abu- children have tripled. I would like to mention two other sive spending, I guarantee you this We could not talk about this. We points about this legislation. I have blockheaded approach to block grants were not sure it was happening. Was it September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12761 an aberration, just the weather, some- Mr. President, I strongly support a of the world in which this proposal will thing like that? There used to be theo- serious effort to move people from the actually operate and creates the poten- ries that when there would be black- dependency of welfare to the independ- tial of some serious unfairness and a outs there would be more children con- ence of and self-sufficiency through violation of that moral commitment ceived. That turned out not to be so. employment. That is a fundamentally that we are making to these Ameri- We have a social crisis of a new important objective. cans. order—not a recession, not a drought, As we start this, I want us to under- First, I believe that the goal of the not a collapse of farm prices, nor an in- stand almost the moral dimension of welfare plan, which is to have 25 per- crease in mortgages, the things that what we are doing, and I will place that cent of the current welfare bene- have come with some periodicity and in the context of eight women with ficiaries employed in year 1 of this plan consequence to us, and which we have whom I spent a considerable amount of and 50 percent employed in year 5, is learned to understand pretty much and time in Pensacola who are part of this unrealistic. manage. We have never had this before, process of making the transition. In year 1, the definition of reaching and we have never talked about it be- Just to describe these eight women, that 25 percent is a month-by-month fore; not in the calm, thoughtful way they were six white and two African evaluation of how many persons who the Senator from North Dakota has American women. They were somewhat were on welfare had been moved into a done. older than I had anticipated. The I want to thank him most sincerely work position. And if at the end of the youngest was in the early twenties, up first 12 months of the fiscal year, you for setting a tone which I think and I to the early forties. All of them had hope will continue throughout this de- do not have an average of 25 percent, two or more children. Three of the then your State is subject to sanctions. bate. eight women had a child with a serious Mr. President, I look to my friend on I believe it is going to be virtually if medical disability. I was initially sur- not absolutely impossible to reach that the Republican side. Does he wish to prised that there would be that high an speak? 25 percent goal. There is a necessary incidence of medical disability. But on startup period in terms of developing Mr. PACKWOOD. I do. reflection, given the fact that these Mr. MOYNIHAN. If I may observe, the job placement programs, the job women typically had no or very limited the Senator from Florida is here. training programs, and the support Mr. PACKWOOD. I apologize. I can prenatal care with their children and services such as transportation, as well wait. I am going to be on the floor. had limited access to primary care as securing child care for the young de- The Senator may go right ahead. since their children were born, it is not pendents of these women, which makes Mr. MOYNIHAN. I yield to the distin- surprising that there would be that in- reaching the goal of a 25-percent objec- guished Senator from Florida 15 min- cidence of medical disability. tive in year 1 highly unlikely. These are women who are very com- utes. Equally as difficult will be to reach The PRESIDING OFFICER (Mr. mitted to a better life for their chil- dren through the achievement of inde- the 50-percent level in year 5. That is CAMPBELL). The Senator from Florida in large part because of whether the is recognized to speak for 15 minutes. pendence for themselves. Many of these women have limited educational back- jobs are going to actually be available. Mr. GRAHAM. Thank you very much, Pensacola, FL, happens to be an area Mr. President and my distinguished grounds and, therefore, the kind of job training in which they are now engaged that has a relatively growing economy, colleagues. I appreciate the courtesy. an economy which is creating a sub- I want to talk some about the struc- in Pensacola, the Welfare to Work pro- stantial number of jobs. But even there ture of the welfare reform proposal gram, is difficult for them. But they the administrators of the program that is before us and some concerns I are making a maximum effort to be stated that it will be very difficult to have as to whether we are building a successful. reach a 50 percent placement level foundation on reality with steel and In the course of attending one of the within a 5-year period. That would be concrete, or a foundation of sand based programs in which they are learning true because of the competition for on theory, hope, and avoidance of re- some of the basic skills that will be those jobs from all the other people in sponsibility. necessary, one of the women broke I am going to be talking from basi- down and cried. She said: ‘‘This is so the community who will be seeking cally two sources. First, I will talk difficult for me, but I understand the that employment—the issue of will from some statistics that are generic importance of this opportunity that I there be jobs that will be not just at and analytical of the legislation before am being given and, if I do not succeed, the barest minimum wage but at a us. I will also be talking from some not only will this likely be my last level high enough or at least offering a anecdotes which are personal and spe- chance but it will fundamentally sufficient potential to raise a sufficient cific. change the future for my children. I amount of money to be able to support For the last 21 years, I have had a want to succeed.’’ a family of a single mother and two practice of taking an occasional job in Our moral responsibility as a society, children, which is the typical family in a different area of interest within my Mr. President, is we are telling these Pensacola. State. In July, I took a job with one of women that you have 2, maybe 3 years There are 6,600 welfare families in the two welfare-to-work programs in to be successful in preparing yourself Pensacola, so the goal is to place 3,300 Florida, this one in Pensacola. This is and securing employment, and securing of those in work by the year 2000. That a program which is very similar to the employment at a level that will allow will be a challenge for Pensacola. But, objectives of both the underlying bill you to support your children. We are Mr. President, let us put that in the and the amendment that is before us. making a commitment to them that context of another American city, a It is mandatory; that is, participation not only are we going to provide them substantially larger city, and that is is required. It has the goal of placing a with what would be required to do so, Philadelphia. Philadelphia has not 6,600 high percentage of those persons who but there will be a job there that they people on welfare; it has 500,000 people are currently on welfare into employ- can secure upon the completion of who are receiving some form of public ment. It is exploring what are the prag- their preparation. And the con- assistance. matic requirements of accomplishing sequences of their failing to get that In Philadelphia, using the statistics that objective, and it is doing so in the job is that they and their children will provided by DRI McGraw-Hill on U.S. community of Pensacola, which is very have the level of support that they are Market Review, in 1994 there were representative of the kind of commu- currently receiving terminated or sub- 2,149,000 jobs in Philadelphia. In the nities across America in which this stantially altered and reduced. last year of their survey, which is 1997, type of program will be applied. So there is a commitment on both the projection is there will be 2,206,000 I am going to be using some of the in- sides. And it is from that point that I jobs in the Philadelphia area, or an in- formation and observations from that would like to draw some observations crease of approximately 47,000 jobs over experience also as the basis of my com- about the underlying bill which is be- that period from 1994 to 1997. We do not ments on the plan which is before us fore us today, because I believe it is have the statistics to the year 2000, but today. based on some unrealistic assessments assuming that that rate of increase S 12762 CONGRESSIONAL RECORD — SENATE September 7, 1995 continues, we could expect maybe an- cease the process of having the Federal alistic and would defeat not only the other 20,000 or 30,000 jobs to the year Government meet its responsibilities goal of moving people from welfare to 2000, so well under a 100,000-job growth by telling somebody else, generally a work, but would also undermine our and yet we are saying that by the year State or local government, what to do basic American humanitarian and com- 2000, half of this population of 500,000 and requiring them to use their re- passionate sense of responsibility to all people is supposed to be placed in jobs sources in order to achieve that na- of our citizens. in Philadelphia. tional objective. And finally, the reality of this pro- How is that going to happen? I think The PRESIDING OFFICER. The Sen- posal is in the extreme disparities that we have a level of unreality in terms of ator’s time has expired. will exist from State to State under the scale of the population that we are Mr. MOYNIHAN. Can the Senator use this plan. I mention unfunded man- saying has to be trained and placed and another 5 minutes? We want to be fair dates. In the case of Florida, about 75 their children supported and the num- to all Senators. percent of our Federal funds would be ber of jobs which are going to be cre- Mr. GRAHAM. If I could. required to meet the unfunded man- ated, particularly in those areas of the Mr. MOYNIHAN. I would be happy to dates. We are better off than Mis- country that are not experiencing the do it. I am listening to what he has to sissippi, where it will take 88 percent of kind of robust economic growth that a say. Mississippi’s Federal money to meet community such as Pensacola, FL, has Mr. GRAHAM. The reality is that their unfunded mandates, which com- experienced. this bill which we are about to pass pares to the District of Columbia, that My first point is that I think we have will be the grandfather of all unfunded can meet their unfunded mandates a statistical unreality in terms of what mandates. We are going to be imposing with only 46 percent of the Federal we are saying has to happen and what, significant new responsibilities on the money. in fact, is likely to occur. And for that States, without the resources to fund Why is there such a great disparity? reason, independent groups such as the those responsibilities, and that as we Because we start off with a tremendous Congressional Budget Office and the impose that grandfather of all un- disparity in how much Federal money General Accounting Office that have funded mandates, we are going to be per child is available under the pro- looked at this plan, have stated that 44 creating a whole series of stepchildren posal that has been submitted by the out of the 50 States will not be able to as its consequence. majority leader. A stark difference is meet the expectations of this legisla- Let me just use the example of my right within a mile of where we stand. tion—that 44 out of the 50 States are State, a family of three typically, and A poor child in the District of Colum- going to fall into the category of those in the case of all eight of the women I bia will get three times as much money that are nonperformers and therefore mentioned earlier, this is the case, a under this proposal of the majority subject to a 5-percent penalty. single mother with two children. The leader as will a poor child across the I would suggest that these numbers State of Florida provides $303 a month Potomac River in Virginia. are so unrealistic in terms of the kind in economic support, cash assistance to I think that is not only indefensible of commitments that we are prepared that mother and two children. That and unfair, but undermines the basic to make that the 5 percent penalty will $303 is roughly half Federal money and credibility of this proposal as a means be accepted as a fact of life for many half State money. Under this proposal, of moving people from welfare to work. States and that any serious effort to it is going to take 75 percent of the So, Mr. President, in those areas, I meet these unrealistic goals is likely Federal money that we have been pro- think we have a house that is being to be abandoned. viding for the support of that family of built on a foundation of sand. It is interesting to me the difference three in order to pay for the job train- Mr. President, we need to guard in which we are treating those pro- ing and related support activities and against passing legislation which has grams that we are about to ship off to the child care of that mother and her rhetorical mandates and aspirations, the States and say, ‘‘You run them,’’ family while she is preparing to work. but without the practical understand- such as welfare reform and Medicaid, There is no proposal to act to fund ing of what it would mean in the lives where we are setting these theoretical those additional activities. of people and, therefore, virtually as- goals, and then essentially abandoning In fact, the level of funding at the suring that we will have a failure of ac- any effort to do those things that will Federal level will be declining over the complishing our objectives and will be necessary to make those goals at- period of this program. So instead of have more decades of exactly the kind tainable, and how we are treating the that family having $303, it will see that of welfare issue, exactly the kind of one big program we are responsible for reduced to approximately $185 a month continuing dependence that we are try- running and that at least as of today which will be available for economic ing to ameliorate through this effort. no one has suggested be sent to the support because the remainder of the Mr. President, I urge the adoption of States to run, which is Medicare. There money, approximately $135, will be the more pragmatic amendment which we are saying that Medicare has to be used to pay for these other mandated has been offered by Senator DASCHLE treated above politics; that we have to services. So we are saying that this and his colleagues as the starting point be very, very careful it is structured family, which has been living on $303 a for serious, meaningful welfare reform. properly because we know we are going month, is now going to have to start Thank you, Mr. President. to be held responsible for how that one living on $180 a month while the re- Mr. MOYNIHAN. Mr. President, I is administered. mainder of the money is used to pre- yield myself 5 minutes, if I need that With welfare and Medicaid, we essen- pare the mother for a future job and to much, to thank the Senator from Flor- tially are saying we can abandon all re- provide child care for her dependent ida, the former Governor of Florida, sponsibilities for the pragmatic imple- children. who knows precisely of what he speaks mentation. That is going to be some- Mr. President, I think that is an un- when Federal formulas are involved. body else’s responsibility. realistic economic scenario. And it be- You heard the striking differences A second level of unreality is in the comes even more draconian since we between the jurisdictions of Florida, funding levels and specifically in the are no longer going to be requiring Mississippi, the District of Columbia, area of unfunded mandates to the States, at least after 2 years, and even and Virginia. I hope you also heard the States. It is interesting, when we came in a very soft way during the first 2 Senator’s comment about the city of here back in January with a very ex- years, to provide any continuing Philadelphia, the number of jobs in the pansive and aggressive agenda of do- match. So potentially not $85. If the city, the numbers created in recent mestic issues, which issue received pri- State of Florida were to decide to years. I have been trying to make a macy, which received that special rec- abandon its local match and not pro- point, as I said yesterday—I do not ognition of being Senate bill No. 1. vide any State funds, we could have know that I can persuade anyone, but I Well, that honor was assigned to the this family living on $35 a month, just can try to make it and I can argue— legislation that dealt with reducing un- that portion of the Federal money that which is the point that 30 years ago, we funded mandates, that as our No. 1 do- is left over after you have met your might have considered turning this mestic objective we were going to mandates. I think that is highly unre- subject back to the States, giving them September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12763 block grants of some kind, saying, stand. Those tranquilizers were not as be inexpensive if we are going to ‘‘You handle it. Cities, you handle it. It good as we thought. achieve real results. makes some sense since local govern- Here are some other cities. In De- I appreciate the constant reminder of ments are closer to the problem. It is troit, 67 percent of children were on the Senator from New York of those re- not that big a problem.’’ welfare at one point or another in the alities. It is today, in one after another juris- year of 1993; in Baltimore, 56 percent. Mr. MOYNIHAN. I thank my friend diction, a problem that has over- My time has expired. But I will re- from Florida, and I do particularly ap- whelmed the capacity of the city and turn to this subject. preciate his reference to the Family the State. Now I am going to suggest the ab- Support Act, which never promised a The Senator mentioned Philadelphia. sence of a quorum for 1 minute to see rose garden. We said if you try hard, In 1993, 57 percent of the children living whether the Senator from Oregon wish- you will have something to show for it. in the city of Philadelphia were on es to speak—I do not see him on the Pensacola does. AFDC, welfare, at one point in the floor—after which it is the turn of the Thank you, Mr. President. course of the year. At any given mo- Senator from Connecticut. The PRESIDING OFFICER. The Sen- ment, 44 percent—these are numbers The PRESIDING OFFICER. The ab- ator from Connecticut is recognized for never contemplated. Nothing like that sence of a quorum has been suggested. 20 minutes. Mr. DODD. Mr. President, before my happened in the Great Depression. And The clerk will call the roll. colleague from New York departs the these children are paupers. They are The assistant legislative clerk pro- floor and my colleague from Florida not from unemployed families, where ceeded to call the roll. continues, I want to commend my col- there is a house, an automobile, some Mr. MOYNIHAN. Mr. President, I ask league from Florida for an excellent insurance. unanimous consent that the order for statement. One of the few regulations the Fed- the quorum call be rescinded. And, let me just say, the distin- eral Government does have—the rest The PRESIDING OFFICER. Without guished Senator from New York has objection, it is so ordered. are all intended you have to waiver contributed more to the collective wis- Mr. MOYNIHAN. I am happy to yield for—if you have less than $1,000 in as- dom in this body on the subject of wel- to my friend. sets, you are a pauper. The cities can- fare reform than anyone. I say that Is 15 minutes sufficient for his pur- not handle it. And they will not. with all due respect to the other 99 of Just as when we began the deinstitu- poses? us in this Chamber, but the Senator Mr. DODD. Why do we not try 15. I tionalization of our mental institu- from New York has dedicated virtually may need 20. tions in the early 1960’s—at the last a lifetime of service focused on this Mr. MOYNIHAN. Twenty, it is. public bill-signing ceremony President complex issue. Kennedy had, on October 31, 1963, he Mr. DODD. I thank the Senator. She is no longer with us, but Barbara signed the Community Mental Health Mr. MOYNIHAN. May I record, Mr. Tuchman wrote a wonderful book Construction Act of 1963. I was present. President, the Senator from Oregon called the ‘‘March of Folly.’’ It was re- He gave me a pen. I had been involved does not wish to speak at this moment. lated to foreign policy failures with this in New York, where it began. So if the speakers are all on our side, it throughout history. What made her Transfer license. We were going to is because we are talking, I suppose, book unique is that she talked about build 2,000 community mental health about our bill. failures where those responsible for centers by the year 1980, and one per The PRESIDING OFFICER. The Sen- conducting foreign policy—from the 100,000 thereafter. ator from Connecticut, Mr. DODD, is Trojan Wars to the Vietnam war— We built about 400. We kind of over- recognized for 20 minutes. knew when they were about to do lapped and folded the program in and Mr. DODD. Mr. President, I thank my something that, in fact, it was wrong forgot about the program. We emptied colleague from New York. Before be- and that there were better alter- out the mental institutions. And we ginning, our colleague from Florida natives. But, they refused to recognize have been hearing about homeless shel- asked me to yield to him for a minute them. She described several historical ters all day. to raise a question to the distinguished events beginning with Troy, including I said yesterday, and I will repeat Senator from New York. the American Revolution, and several again, in 10 years’ time, with this legis- Mr. GRAHAM. Mr. President, I thank others. lation in place, with these time limits the Senator from Connecticut very Were she alive today and were she to in place, children will be in the streets. much. I appreciate his courtesy. write a domestic version of the ‘‘March Seventy-six percent of the children on I want to commend the Senator from of Folly,’’ I suspect our current debate welfare are on welfare for more than 5 New York for the excellent statement, on welfare reform might be a chapter years. and particularly that he brings us back in that book. My fear is, and I heard The Senator from Connecticut, I to reality, just what are the cir- my colleague from New York express hope, will keep that in mind—76 per- cumstances of the people that are this over and over again, we are miss- cent. About 40 percent—the remainder going to be affected by our actions. ing each other in the night as we dis- come and go quickly and are never a I would like to inject, briefly, for the cuss this subject matter. problem. Senator’s information and possibly fur- The Senator from New York has said But if we do this, we will have in my ther comment, some good news. I men- repeatedly we are not engaged in re- city of New York half a million people tioned that in Pensacola, there were form here at all. What we are engaged on the streets in New York. We wonder 6,600 welfare families. I am pleased to in is a dismantling, total dismantling about homeless people. They used to be say that in the first 18 months of the of a system with a faint hope that what in mental institutions. Now these chil- transition program, which is a program we are about to put in place is some- dren are in houses. They are in house- based on the 1988 legislation that the how going to serve the public in a bet- holds. We will wonder where they came Senator from New York sponsored, ter way. What we are talking about from. We say, ‘‘Why are these children that almost 600 of those 6,600 have, in here is reducing our Federal commit- sleeping on grates? Why are they being fact, been placed in employment, that ment to welfare by roughly $70 billion, picked up in the morning frozen? Why having occurred because there was a passing the cost on to the States and are they horrible to each other, a men- willingness to put the resources re- localities of this country and asking ace to all, and more importantly to quired to provide the kind of training them to assume the responsibility and themselves? Whatever happened?’’ and support, including child care, to burden of picking up this chore with When the homeless appeared in New those families to allow it to happen. little likelihood that we are going to York, we right away diagnosed it as a It can happen. This is not just a achieve the desired goals expressed, lack of affordable housing. That is not doom-and-gloom scenario. We are not with all due respect to the majority what it was. It was Federal policy in consigned to have to deal with this leader’s bill. its most perverse mode. Make a great problem in its current form forever. I just want to take a moment, before change and do not follow through. But it is not going to be easy, it is not getting into the substance of my re- Make changes you do not fully under- going to be quick, and it is not going to marks, and urge my colleagues to S 12764 CONGRESSIONAL RECORD — SENATE September 7, 1995 please listen —listen—to our colleague safe, affordable, and quality child care. tic way, and make the kinds of invest- from New York. There is a lot of wis- It ought not to be difficult for us to try ments that will need to be made if we dom in what he says. He knows this and come up with some ways to do are going to be successful. issue well. Historically, we have paid achieve this. The tendency to blame and punish is attention to our colleagues, regardless The benefit of all of this is not just certainly tempting. I understand the of party, regardless of ideology, who fiscal, it also has to do with the fabric politics of it. But in the long-term it is brought a special knowledge and expe- of our country. It has to do with help- not going to help us resolve the kind of rience to a subject matter. The Senator ing to provide people opportunities to difficulties that I think we have been from New York is that individual in have a sense of self-worth as we build asked to assume by our election to this our midst. We ought to be listening to our neighborhoods and communities. It body as national representatives—not him on this subject. is a critical element. And trying to find just our own States’ representatives So I hope in the coming days, we can the ways and the means to accomplish but national representatives. get away from a bit of the politics of that goal ought to be the subject of our There is strong evidence that the rise this issue and think about what we are discussions. We should not, as I said of poverty is, in large part, attrib- doing and what a mess we are likely to earlier, outdo each other in our rhet- utable to declining wages. There has create in this country, costing the mid- oric to indict people, in most cases, been a tremendous amount of evidence dle-class taxpayers billions of dollars who, through no fault of their own, are that over the past 21⁄2 decades wages before we are through, all in the name in this situation. have declined, and anxiety and fear has of some political debate about who is I left this chart here, Mr. President, grown among our people as a result of going to deal with the welfare recipient because it ought to be in everyone’s that trend. I hope we will keep this evi- more harshly than the next. mind. As our colleague from New York dence in mind as we consider this de- That ought not to be what this de- has pointed out, two-thirds of the peo- bate on welfare reform. bate is about. It ought to be about how ple we are talking about in this bill are If we take the view that the only pur- we reform our current system to make children; they are not adults, they are pose of welfare reform is to punish peo- it work better in a realistic, thought- kids. Two-thirds of the recipients are ple—as I said a moment ago, those who ful, prudent manner. Unfortunately, I America’s children. In Baltimore, De- have been getting something for noth- do not think that this has been the troit, Los Angeles, Philadelphia, there ing—then we are going to ignore the case. I know my colleague from New are staggering numbers of children who fact that welfare is an unwelcome fate York has other business to attend to, are recipients or dependents of families for most recipients. but I just felt very strongly when I where there is this dependency on pub- More important, we will miss the op- came over here to address this matter. lic assistance of one kind or another. portunity, in my view, for any kind of This is one of those rare occasions I hope, again, we can have an honest real, meaningful reform, because we when the ‘‘March of Folly’’ seems to be and thoughtful debate about how we will ignore what we must do to move upon us once again. can improve this situation, rather than people from the dependency of welfare Mr. President, I hope we will pay worsening it by creating a race to the to work: First, to provide them with some close attention to the proposals bottom. The Washington Post the education and training. Again, we all that are being offered by the distin- other day—I do not have it here with know we are entering a sophisticated guished Democratic leader and hope me today—had a lengthy article about age. There are fewer and fewer jobs that somehow in the next few days we what will happen as States race to cut where little or no education or training may come to our senses and find some benefits. As some States cut benefits, is needed. As it is right now, less than common ground on this issue. their actions will put great pressure on 1 percent of the jobs in this country are I read the other day that the distin- neighboring States to follow suit, or going to be available to people with guished majority leader announced in else risk becoming a magnet for fami- less than a high school diploma. In a Chicago that there will be no com- lies searching for ways to end their few years, it will be a college diploma. promises this fall. How does this insti- slide further down the economic ladder. You are going to have to have those tution function when the leader of our As the race proceeds, it will cause skills if you are going to move people body says there will be no compromise great damage to our national commit- to work. The jobs will not exist for peo- on a subject matter that will have a ment to address these problems. ple in this category without the train- profound effect on our country for Maybe I am wrong, but I honestly be- ing. years to come? We need to seek some lieve when there is a child in Penn- Second, you have to ensure that common ground and thoughtful analy- sylvania, or a child in Colorado, or a States are partners with the Federal sis to deal intelligently and effectively child in New York that is in trouble, I government, lest they engage in a race with the issue of welfare reform. have an obligation as a Senator to help to the bottom that rewards States for There is no debate about what we are them. I am a U.S. Senator from the spending less on moving their people trying to achieve: How do we move peo- State of Connecticut, but my interest from welfare rolls to payrolls. I do not ple from dependency to self-suffi- and concern about children is not lim- think anyone believes that is a wise ciency? We are now looking at grand- ited to the geography that I represent. course to follow. children and great-grandchildren of It is the country that I represent. And Third, and I think most important in people who have been dependent on so when there is a child who is hurting this debate, and I have referenced it al- welfare without the ability or the for- in a Western State, an Eastern State, ready—is to ensure that parents have tune of work. How do we move people or my own State, I believe that, the child care that they need in order to work in an intelligent way? How do through the constitutional process to keep a job in the first place. Child we make it possible for them to get which creates this institution, I ought care, I happen to believe, is the there and stay there, so that they have to bring a concern to this national linchpin of welfare reform. at least the basic protection of health body to grapple with these problems in No matter what else we do, if a par- care and some safe place to put their a way that makes sense for all of us. I ent cannot find a safe and affordable children? should not just assume that these prob- place for their young children during This is not a concept that is terribly lems are Colorado’s problem, or New the working day, that parent is not difficult to grasp, I hope. Every single York’s problem, or Pennsylvania’s going to be able to hold down a job. I family in this country ought to be able problem alone. That belief would run do not care how you look at that issue to relate to this. They do. When you go contrary to our sense of nationhood. or analyze it. That is a fact. to work, where is your child? Who is So the goals of work and independ- In my view, the alternative proposal watching your child? Every single per- ence and self-sufficiency and family offered by the majority leader, Senator son, from the highest paid chief execu- unity are all things that we ought to be DOLE, fails to meet this three-part tive officer down to the lowest wage striving for. standard. It represents, I think, a re- earner in this country, understands We are going to miss that mark sub- treat from the problem and not reform that critical issue: if you are going to stantially if we do not try and find of it. It does not even, in my view, de- go to work, you need to have access to ways to achieve those goals in a realis- serve to be called reform. All it would September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12765 do is package up Federal programs for third party for families who hit the should not be mistaken for defense of poor families, cut the funding by $70 time limit. So the children’s portion is the status quo. It is anything but. It billion, and ship the whole problem to held aside. If the family does not make ends unconditional receipt of assist- the 50 States. Is somebody going to tell it out of welfare in 5 years—you still ance. It replaces the entitlement to me that is reform? That is just passing have something for the kid. As it is benefits with entitlement to employ- the buck and asking the middle-class right now in the Republican proposal, ment services. It would cut off benefits taxpayer to have their property taxes you have nothing for that child. Does to anyone who refuses a job offer, and and sales taxes skyrocket at the local anybody really believe that is what we would require parents to sign a parent level—as we wash our hands of it. We should do? Are we going to look at the empowerment contract. have reformed the problem. Mr. Presi- face of that child in 5 years and say, ‘‘I As the title suggests, the Work First dent, we will have done nothing of the am sorry, your parents did not get off plan makes work a reality for people kind. of it, you are a loser and you get noth- on welfare, and not just simply a prom- The acid test of any welfare reform ing.’’ I do not know of a single person ise. proposal is its impact on children, in in this body that would sit and look Our alternative is built on a basic my view, because they are the majority that child in the face—not the number principle that work must be at the cen- of the recipients. Is a reform proposal or the statistic, but that child—and ter of real welfare reform. We would going to punish the children for the say, ‘‘you get nothing because your provide job training and child care as- mistakes or bad luck of their parents? parents did not make it off welfare in 5 sistance to help welfare recipients find It bears repeating time and time again years.’’ I do not believe that makes any and keep jobs. We would back it up that two-thirds of the AFDC recipients sense. I honestly do not believe that is with tough requirements and the re- are children. More than 9 million chil- what we will do. Nor do I believe that sources, Mr. President, to make that a dren received cash assistance in 1993. is what the States will do. But, this reality. Under the work first bill, existing The Republican welfare reform pro- bill calls for that. posal, as it is called, would single these Changing the welfare rules will not child care programs are consolidated children out for extraordinarily harsh make these children disappear. They and dedicated to child care. The bill guarantees child care for those re- treatment. I do not care what your ide- may very well end up out on the quired to work or prepared for work, ology or politics are, I do not know of street—as the Senator from New York ensuring that kids will not be left anybody that wants to see that happen. said—solely because of the mistakes or Yet, Mr. President, as a matter of fact, home alone. bad luck of their parents. We ought to The bill also provides 1 year of tran- that is just what happens under this be more creative and more responsible sitional assistance with options for an proposal. In my view, the Republican than that. extension for an additional year on a plan packages up punitive policies that Under the Republican plan, 3.9 mil- sliding scale basis. aim for the parent, but will hit the lion children could lose assistance In contrast, the Dole-Packwood bill child instead. under the 5-year time limit. More than acts as if the 4.3 million kids on AFDC Children should not be penalized be- twice that number would be jeopard- under the age of 6 and the 3.8 million cause of the happenstance into which ized if States move to the 2-year limit, on AFDC between ages 6 and 13 some- they have been born. I do not think we as some have suggested. how do not exist. want to see that be the case. I go back to the point of the Senator Under the Republican proposal, we We promise the elderly and veterans from Florida and the Senator from New will have less money in child care than a minimum level of support in our soci- York. In Detroit, 67 percent of the chil- we do today, less money before we put ety. Why can we not do the same for dren are on welfare. In Philadelphia, it all of the welfare mothers to work and children? We need a national commit- is 57 percent. There are some 500,000 send them out the door, less money for ment to see that children are not families, or people, on welfare in that these kids that have to be placed in abused, that they do not go hungry, city alone. Is anybody going to hon- some sort of a situation where they are and that their basic needs are being estly tell me that in 5 years, everybody safe. met. is going to be off? If you are not, the In the Dole bill, the three major child The Republican proposal, however, kids in that city are going to be the care programs that serve 640,000 chil- fails to provide even the most basic ones to pay the price because their par- dren disappear. That is a fact, Mr. minimum standards for our Nation’s ents were not able to find the jobs. President. They disappear, undermin- children. Mr. President, I want to That does not make any sense, Mr. ing the Federal-State partnership. stress that these children, I believe, are President. More thought needs to be There is absolutely no requirement our Nation’s responsibility. They are given to all of this. under the welfare reform proposal our Nation’s responsibility. Whether a Despite its tough rhetoric, the Re- being proposed by Senators DOLE and child lives in Mississippi, California, publican welfare reform bill is empty, PACKWOOD that States continue to use Connecticut, Colorado, or Pennsylva- in my view, when it comes to putting the money that they previously dedi- nia, we as a nation must look out for welfare recipients to work. The legisla- cated to child care. You do not have to the basic welfare of each and every one tion requires States only to dramati- do that any longer. You are off the of these young citizens. The American cally increase their participation rates. hook. So the States do not even have people, I think, understand the concept They impose this requirement, yet do to put a nickel into child care. In the of nationhood. They do not want us to not provide the resources to help earlier bill, they did. They have now pull the basic safety net out from States reach this goal. taken it out. under these children. Talk about an unfunded mandate. If Existing State requirements are gone The Republican plan, however, you do not get it done, if you do not on child care. If States wanted to pro- threatens to do just that. If a parent is meet that requirement in Philadel- vide the same level of services as cut off of welfare after a 5-year time phia—Philadelphia, with 500,000 peo- today, they could not, because the limit and is still not working, his or ple—in a couple of years, and do not money supply is simply not there. The her children are the real losers. The raise your participation rates, we pe- level of funding is frozen to 1994 levels, Republican proposal makes no allow- nalize Pennsylvania. at the same time we expect many more ance for these children. If you are a kid That is an unfunded mandate—no re- mothers to go to work. in that family, you have had it. I do sources to do it. My Lord, that is an in- According to numbers from the De- not believe that makes a lot of sense, credible burden to place on these partment of Health and Human serv- Mr. President. I think you ought to be States and localities as we wash our ices agencies, an additional $6 billion thoughtful about what is apt to happen hands entirely of it. for child care is needed over 5 years, down the pike here. The proposal being offered by the dis- over the fiscal year 1994 levels included The proposal being offered by the tinguished Democratic leader sends, I in the current Dole draft, to make the Democratic leader includes a 5-year think, a different message—not perfect, Dole welfare reform plan work. time limit, but it provides a voucher in but certainly one we ought to look at The only money dedicated to this the amount of the child’s portion to a as a way to incorporate these ideas. It critical component of welfare reform is S 12766 CONGRESSIONAL RECORD — SENATE September 7, 1995 the money authorized by the Labor and not monthly, goes through the anxiety. our mental institutions. We said we Human Resources Committee earlier They are out there working, single were going to provide for the children, this year for child care, for the child mothers trying to raise kids, or two-in- the young people and the older persons care and development block grant. Mr. come earners. who left. We were going to provide President, that serves a very small If you want to get an earful, talk to community care. But we did not pro- number of families. them about child care and the prob- vide the wherewithal. We almost, for a As the author of that legislation, lems they have. I am not talking about while, forgot we had ever done it. It with my colleague from Utah, Senator welfare recipients or working poor, but now seems to be lost with us entirely. HATCH, 5 years ago, I strongly support the average family that struggles every We deal with the problem of the home- the program, Mr. President. But it is week with where they are going to less as if it had no antecedent in our no substitute, frankly, for dedicated place their kids. Is it safe? Will they be decisions. funds protected from the budgetary OK? How much does it cost? Here we We are on the floor of the U.S. Sen- whims of this and future Congresses. are, telling millions of people to go to ate making a vastly more important Furthermore, the program was cre- work with no accommodation, no ac- decision. There were a million, almost ated, I point out, to help the working commodation for child care. a million persons in mental institu- poor, and is a mere fraction of what is Mr. President, it is lunacy to think tions when this bill was signed. There needed. It is clear under the Repub- this is reform. It is dangerous. As the are about 100,000 today. There are 14 lican proposal the working poor are Senator from New York has said, we million women and children on wel- going to lose, and lose substantially, will rue the day, we will rue the day if fare—14 million. When they end up on and middle-income taxpayers are going we adopt this legislation without ac- the streets, I hope somebody will re- to watch their taxes go up at the local commodating the kinds of investments member that it was foretold. level. that have to occur if this proposal is I wonder. The Dole bill even allows States to truly to work in the coming years. I yield the floor. use the meager amounts that have If we turn our back on this issue— The PRESIDING OFFICER. The Sen- been dedicated to child care for other and frankly, Mr. President, I say so ator from Pennsylvania [Mr. welfare programs, so you can get rid of with the highest degree of respect for SANTORUM] is recognized. it altogether. the individuals who are the authors of Mr. SANTORUM. Mr. President, I The majority leader modified his bill the bill—if we do that, we will create yield myself such time as I may in August. He gave States the option to significant damage in this country. consume. exclude parents with children under The damage will be similar to those I appreciate the comments of the the age of 1 from the work require- created, as the Senator from New York Senator from Connecticut. In fact, ments. There is no provision, however, described, to the deinstitutionalization with respect to the child care com- for other preschool and elementary-age of the mentally ill. ments he made, I think there are some children. Welfare reform requires far more legitimate points he does make. I find The bill does not provide adequate thought, Mr. President, far more myself wondering whether we do need funds for child care, and at the same thought. No compromise is a great po- to commit potentially more resources time, it is going to penalize and sanc- litical speech. But, it is not the way to to provide for people who are going to tion parents who cannot work because address serious, complex, and profound be required to work so they can have they do not have the child care or can- social policy issues. the opportunity to have some child not afford it. Mr. President, I hope in the coming care available to them. Mr. President, that is a no-win situa- days that we will develop a willingness I am hesitant, in fact reluctant, to be tion we are putting these parents in. It to sit down and work this out thought- for an entitlement for child care be- is just plain wrong. In my view, it will fully. I am hopeful that the Daschle al- cause I think that could be a slippery not work. As I read it, this welfare bill ternative will be adopted because it is. slope. I am not too sure we want to says it is OK to leave your children But, if that is not the case, I will provide an entitlement to child care home alone. You will go to work, but offer amendments with specific offsets for people who are on welfare and have you figure out how to deal with your to improve the Dole/Packwood bill. I people who are working mothers, who children. will say they will come from corporate need child care just as badly, have no In case anyone thinks that there are welfare, I let my colleagues know. entitlement. That, I think, creates a enough Federal dollars in child care So, Mr. President, I hope common double standard that may in fact en- under the current system, just look at sense will prevail in these coming days courage more people to get on welfare what has happened. Thirty-six States, and that we will find, as we have his- to get the child care benefit. So I do Mr. President, and the District of Co- torically on issues like this, some com- have some concerns about that. lumbia have waiting lists for child mon ground. The President has urged But I think it is a legitimate issue to care. it. Others have here including the sen- bring to the floor, to talk about how Listen to the numbers on waiting ator from New York. I think this no- we are going to have single mothers lists: In Texas, 35,000 children are on a compromise approach is unfortunate. with children work and not have the waiting list for child care. That is It is not a sound way to legislate, cer- resources available for child care. I today, now. I am not talking about tainly not in an area that is as impor- think that is an issue. I think the lead- after we pass this bill. Today, 35,000 are tant as this one. er came to the floor before the recess waiting. In Illinois, 20,000 children are I yield the floor. and admitted that that is an area we on a waiting list. In Alabama, 20,000 The PRESIDING OFFICER (Mr. hope to do some work on. children are waiting. In Florida, 20,000. KYL). The Senator from New York [Mr. We talk about bipartisanship. I think In Georgia, 41,000. MOYNIHAN] is recognized. that may be an area where we could Other States have chosen not to keep Mr. MOYNIHAN. Mr. President, I find some common ground. I think, a list, but the problem is present there, know the Senator from Pennsylvania again, on this side, we are going to be too. would like to have a dialog with the stopping short of an entitlement in na- Now, we are going to require more Senator from Connecticut. But just be- ture, but certainly to provide more day people to go to work while providing fore he does, may I say I brought to the care slots and to provide more funding less child care resources. With thou- floor a pen with which John F. Ken- for people to have choices as to where sands of kids already on waiting lists nedy, on October 31, 1963, signed the to take day care, that is not beyond for child care slots, how is that pos- Mental Retardation Facilities and the pale—at least from this Senator’s sible? Community Mental Health Centers perspective, that is not. Child care is not only a tremendous Construction Act of 1963. One of the things that concerned me, concern to those struggling to get off The Senator from Connecticut recog- however, about his talk was at least welfare. Talk to any middle-income nizes those pens. This was the last pub- the inference, if not the direct assault, family about child care. Have a con- lic bill signing of the Kennedy adminis- that somehow or another Republicans versation with a family that weekly, if tration, and we set about emptying out are slashing welfare. I think we have to September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12767 make this very clear. What we are even touch the system. The Republican crat bill, they lose their cash assist- talking about here, on the Democratic proposal was a modest reduction. This ance also. The only difference is they bill and frankly on the Republican bill, does not even meet the standard of re- replace the cash assistance with a is not slashing welfare. duction, hardly. And they are trying to voucher in almost an equal amount— I will give the numbers. Unfortu- put this up as changing welfare as we they have a slight reduction—a vouch- nately, the numbers do not match, nec- know it? Reforming the system? Giving er for them to be able to go out and do essarily, because the Democrats’ cal- not only the recipient a different pro- basically what they did with the cash. culation of what welfare is and the Re- gram but the taxpayer a break in fund- So in a sense it is not much of a pen- publicans’ calculation is a little dif- ing this system? alty. But we say if you are going to end ferent. Welfare, from my perspective, is It does not stand up. Either way, dependency, you cannot continue to obviously not just AFDC, but it is their system does not stand up to re- keep people on the system and pay AFDC and food stamps and child care duce spending significantly and ours them virtually the same they are mak- and a whole lot of other programs. certainly cannot be accused of slashing ing now on the system. You have to When you add all those programs up, and cutting. Ours is a responsible re- end dependency by ending dependency. we come up with spending this year of duction from a very dramatic increase. You cannot continue to provide for roughly $170 billion that we will spend A couple of other points I wanted to someone on the system and expect on welfare programs. make about the talk of the Senator them to leave the system. On the Democratic side, they add in from Connecticut. He said, as the Sen- I do not say that without the under- the earned-income tax credit and some ator from Louisiana discussed yester- standing that a lot of people leave the other social service programs, and they day and the Senator from New York system. But a lot of people are trapped come up with a figure closer to $190 bil- discussed yesterday, ‘‘How are you in the system because of the nature of lion. So we start at a different base. going to pay for these programs? You the dependency of it in which the bene- But let me give what, under the Repub- do not have the resources. We cannot fits continue. lican bill, we will spend 7 years from do it. The Governors won’t be able to So you cannot stand on the floor and now and what we would spend 7 years put these work programs in place and say, ‘‘We have to end dependency’’ and from now if we did nothing. there is no way for us to be able to fund say, ‘‘We cannot cut them off.’’ You If we did nothing, we would go from this program with the number of chil- cannot be for any dependency and not spending $170 billion on welfare today dren and single mothers on this pro- be for some termination of benefits at to, in 7 years, spending $302 billion on gram.’’ some point in time when the social welfare. That is if we did nothing. We I would remind the Senator from contract between the Government and would increase spending by $132 billion, Connecticut that the Republican Gov- the person the Government is attempt- a roughly 77 percent increase in spend- ernors Association strongly supports ing to help at some point ends, and the ing on welfare in the next 7 years. That the Dole package, strongly supports person has to do it on their own. is if we did nothing. the block grant approach, strongly sup- Now, what does this dramatic slash- ports the idea that if you give them The other point that I cannot more ing, punishing, cruel, blaming-the- just what they had this year in AFDC strongly disagree with is the Senator poor, Republican proposal do to welfare funding, and a little growth factor for from Connecticut repeatedly said, expenditures over the next 7 years? We the growth States which we have pro- ‘‘This is a national problem.’’ It is a are not going to spend in the year 2002 vided for in this bill, that they will be national problem. As a Senator from $302 billion, that is correct. We will able to run this program, put people to Connecticut, he cares about the chil- spend $289 billion. The increase will be, work, get people and turn the system dren in Philadelphia and he cares about not 77 percent over the next 7 years, from a maintenance system, a depend- the children in Colorado. The Presiding but 70 percent over the next 7 years. ency system to a dynamic system that Officer is from Colorado. I care about I know you can say a lot of things moves people out of poverty and do it the children from Connecticut and the about this program, but cruel slashing, for less money. For less money. children from Arizona. I just do not be- cutting, when you are cutting 7 percent I will remind you that these Gov- lieve that the Federal Government is of the increase out of a program that is ernors, the Republican Governors who the best person to help them. going to increase 77 percent over 7 support the Dole package represent 80 Sure, it is a national problem. But I years is hardly slashing. It is hardly percent of the welfare recipients in this think what we have found in decades of leaving people out on the street. country. Eighty percent of the welfare looking at what helps the poor in this Let us please stick to the facts. This recipients in this country are rep- country is the National Government is not a harsh bill. This is not a cruel resented by Republican Governors, and does not solve the problem. It is a na- bill. This is not a bill that blames any- they believe they can do a better job tional problem that calls for a local so- body. This is an honest attempt to try with less money than what the Federal lution. Sure, the Federal Government to solve the problem. And, yes, at the Government is doing today. has a role to play. We are going to con- same time try to accomplish some sav- So ask the people who are going to tinue. He says we are going to wash our ings—hopefully efficiencies, doing implement the program how they will hands of it. We are not going to wash things better, getting more people off do it and they will tell you they can do our hands of this. the rolls and back into productive soci- it. In fact, they want to do it. I will repeat the numbers to make ety, which will save money in the proc- It is interesting that the Senator sure the Senator from Connecticut un- ess. from Connecticut mentioned and fo- derstands. We are going to be spending Just so you understand what the cused a lot of his introductory remarks $289 billion under the Republican pro- other side is going to do, under their on how we have to change this depend- posal in the year 2002, a 70-percent in- numbers welfare spending is $190 bil- ency system, and used the word ‘‘de- crease. The commitment is there. But lion today and will increase to $333 bil- pendency’’ as it should be, as a pejo- what we are suggesting in this bill, lion by the year 2002, an increase of rative term. It is not a good thing. And which is philosophically different and $153 billion, a 75-percent increase. then later in his talk he talked about fundamentally different from what the So, $189—$190 billion to $333 billion. how cruel and horrible it was to cut Senator from Connecticut and many on Again, the Republicans start at $170 people off after 5 years with nothing. the other side of the aisle believe, is billion and we go to $302 billion. But He said, ‘‘We are going to cut them off that we solve problems best when it they use different numbers. Under the and there will not be any benefits.’’ deals with the poor by making it more Democratic proposal, their spending First off, that is not true. Children, personal and individual and local in na- would increase from $190 billion today, moms with children, will continue to ture; that community organizations not to $333 billion but to $330 billion. receive food stamps, will continue to and individuals solve problems better So, instead of a 75-percent increase, receive Medicaid, will continue to re- in dealing with people who have trou- you get a 74-percent increase. ceive housing benefits that they do in bles in their lives than a system that I would not even call that an adjust- any other social service. They will lose processes checks and papers and main- ment. That is not even—that does not their cash assistance. Under the Demo- tains people in poverty. S 12768 CONGRESSIONAL RECORD — SENATE September 7, 1995 I think everyone here understands rounded or built on the difficulty of Philadelphia and west Philadelphia, that this is a national problem, and maintaining people in poverty. and the only thing left, the only thing that that is why we are having this de- I cannot stress this point enough: No left in these neighborhoods—there are bate. If this was not a national prob- one who receives welfare benefits as no jobs left in these neighborhoods, lem, we would not be here debating it. their sole source of income gets rich. nothing of an institutional setting ex- Of course, it is a national problem. But You do not get rich on welfare. You cept the church. Why not let the people does that mean that the Federal Gov- maintain people. That is what the sys- who care most about these folks, why ernment has to solve the problem here, tem does. That is what it is built to not let the churches get involved in has to have instant solutions here for do—to maintain people at a level of providing welfare services. everybody to be treated the same in survival. Oh, I know we get real nervous about America? Of course not. National prob- It is not a system that you go into church and state, but, folks, I want to lems do not always require national so- with the expectation—people who have solve the problem. I want to help peo- lutions. They at many times require never been in the business when they ple. And I know many pastors—many solutions to be done and ideas to be think of welfare do not think there is a pastors—who would absolutely be the grown in the local communities or the system that people go into and they best people to work in those commu- individual who can help that person get are transformed into productive, work- nities. Sure, they would have over- out of poverty. ing citizens. That is what welfare does sight, there would be Federal oversight The Senator from Connecticut also in this country. Nobody believes that. or State oversight, but the people talked about how two-thirds of the peo- Nobody thinks of welfare as the system working with the folks in the commu- ple on welfare are children. That is a that changes people’s lives for the bet- nity would be people who know, people fact. It is very disquieting. He talks ter. They think of welfare as the safety who care about them, people who the about how cruel it is, that the Repub- net where people get caught in it. folks who end up on welfare trust, lican bill will in fact hurt children and We have to change that. That is what know that they care about themselves target children for their harsh treat- this bill does. It fundamentally and their families. ment. I will just remind the Senator changes the whole perception of what This is different. We are not walking that over the past 30 years we have welfare is all about. The whole expecta- away. We are facilitating a different tried a great experiment as a result of tion of someone who now gets onto approach. It is one that I know will the Great Society programs of the welfare is not how many are going to work, I know will work because it has 1960’s. We tried this experiment blind- be provided for whatever the length of worked in the past and I think it will ly, with absolutely no idea of whether time in poverty. But how will I be work better because the Federal Gov- this program was going to work. helped to get back on my feet to get ernment will provide a lot of the need- A lot of the criticism on the other out of poverty. That we will change the ed resources that in fact were not there side is we do not know whether turning system from one of maintenance and in the past. this back to the States is going to dependency to dynamic renewal, that We stand at a very important mo- work. We do not know it is going to is the challenge. And what many of us ment, as we vote on this substitute work. Well, I would suggest to you believe is that that is the challenge later today, whether we are going to back in 1965, 1966, or 1967, in the years best met by people who care most continue to try to micromanage and in which these programs were enacted about the people involved in the sys- have solutions based out of Washington in the early 1970’s, that a lot these pro- tem. And, yes, the Senator from Con- to run welfare or whether we are going grams were passed, and they had abso- necticut cares about the children in to turn away from that approach that lutely no idea whether they were going Philadelphia. He probably cares about we know does not work and move to to work. But they thought that it was my children. I will never forget the something different, exciting, dynamic, worth a try. In fact, I would say that a Senator from Texas, Senator GRAMM, that is going to help millions of people lot of the people who voted for these who suggested that on a talk show a leave welfare. programs did so with the best of inten- couple of years ago. Ira Magaziner was Mr. President, I yield the floor. tions and with the greatest of hopes on talking about health care, and Mr. CONRAD addressed the Chair. that this in fact would work. But it has Magaziner was saying, ‘‘I care about The PRESIDING OFFICER. The Sen- not. I think we did answer that ques- your children as much as you do, Sen- ator from North Dakota. tion. ator.’’ And Senator GRAMM shot back, Two-thirds of the people on welfare ‘‘Then tell me their names.’’ Mr. CONRAD. Mr. President, I have are children. But more of those chil- Yes, I care about children in Phila- listened to my colleague from Penn- dren are born out of wedlock today delphia and Hartford and Bismarck and sylvania and found that I agree with than they were in 1965. In fact, if you Fargo. I care about them. But that much of what he says in terms of where go back to 1960, the out-of-wedlock does not mean I am the best person to the decisions might be made, but I dis- birth rate in this country, the illegit- help them. The people in Fargo know agree with him in terms of his charac- imacy rate in this country, was 5 per- better how to solve this problem and terization of the divide that exists in cent. It is now 33 percent. how to deal with this person, to sit this debate. I do not really think it is I think everyone will admit now, across the table from them and say: a question of where should the decision both sides of the aisle, both philosophi- What can I do to help you get back on be made. cal perspectives will tell you that it is your feet and going? Not with the eye- In my own welfare proposal that I a harmful thing for our country. More shade down, hand out the check and made before the Senate Finance Com- of them are born out of wedlock. More process the next number. mittee, I left it entirely up to the of them are born at low birth weights. That is the fundamental difference States. Let the States decide what the More are born drug addicted, crack ad- we are debating here today. It is a dif- makeup of the program should be. Let dicted. More of them live in unsafe ference between holding on to the past the States decide what the eligibility neighborhoods and die violent deaths. and moving to the future. should be. Let the States decide what More of them have less opportunity. It is a great opportunity, it is a great the time periods are. Let the States de- More of them have less educational op- opportunity we have before us to make cide what the sanctions are. portunities and a chance for success. this system something that we can be That was not the divide in the de- That is the system we have today. proud of, that we can look and see ex- bate. The fundamental difference in I sometimes just become amazed that perimentation across the country. the debate was, should there be a con- someone could stand up on the floor In the Republican bill, we allow non- tinuation of an automatic stabilizer, a and say that what we are doing is cruel profit organizations to get involved mechanism that allows the State to be when the system today is as cruel as and be the welfare agency for that assisted by the Federal Government if we have ever seen in the history of this community. I know there are many there is a circumstance in which State country. What we are suggesting is not communities—the Senator from Con- resources are overwhelmed. cruel or harsh. What we are trying to necticut mentioned Philadelphia on Mr. President, if there is a flood in do is change a system that is sur- many occasions. I have been to north Mississippi, if there is a drought in September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12769 North Dakota, if there is an earth- child support obligations. And it sub- leader, this problem should come as no quake in California, if there is an eco- jects 9.5 million children and 4 million surprise. nomic collapse in Pennsylvania, some mothers to a future of hardship and When the Finance Committee de- of us believe just as fervently as does failure. That is why on both sides of bated welfare, I asked the Congres- the Senator from Pennsylvania that the aisle there is a fundamental com- sional Budget Office whether the Re- the Federal Government has an obliga- mitment to reforming our welfare sys- publican proposal had sufficient re- tion to make certain the kids in that tem and rebuilding it from the ground sources to meet its work requirements. State do not wind up on the street. up. It was a very important point, Mr. I remember being in the State of Mr. President, in January I began to President and my colleagues. The Con- California, going down the street in develop my own alternative welfare re- gressional Budget Office looked at the San Francisco, in one of the most afflu- form legislation. I called it the Work Republican plan and told us in open ent neighborhoods of that beautiful And Gainful Employment Act. I hoped hearing that 44 of the 50 States of these city, and encountering a young mother it would foster a bipartisan dialog on United States would have no work re- with two children sitting on the curb welfare. The WAGE Act was the first quirement under the Republican plan, with a sign that said, ‘‘I’m homeless. Senate proposal to completely reform a plan that puts itself forward as work Please help me.’’ I inquired of the our welfare system while maintaining oriented, tough on work. If the Con- woman, who was dressed as a middle- an economic safety net for States and gressional Budget Office said in testi- class person and her children were well children. mony before the Senate Finance Com- mittee that 44 of the 50 States under groomed, ‘‘How did you wind up on the It represented a substantial depar- the Republican plan will have no work streets of San Francisco?’’ And she said ture from the past. And I am proud requirement, that is not tough on to me, ‘‘My husband left without no- that many of the concepts included in work. That is not insisting that people tice, abandoned the family. I could not the WAGE Act are now in the Work go to work. That is no work require- make the house payment. I was just First proposal offered on our side. evicted yesterday.’’ And here sat this ment at all in 44 of the 50 States, be- Under the WAGE Act States receive cause the States would be better off young woman, a lovely young woman, unprecedented flexibility to experi- with two little kids on the street in taking the penalty than actually hav- ment. They can develop the methods ing the funds necessary to require peo- San Francisco, CA, begging for money for moving welfare recipients to work. to feed her children. ple to go to work. They have complete flexibility to de- Mr. President, that is a fundamental If, God forbid, we are in a cir- sign employment programs, determine cumstance in which California suffers a difference between what the Repub- eligibility criteria, develop sanctions, licans hold out as a work-oriented bill whole other series of economic calami- and determine the support that indi- ties or, closer to home, my home State and the Work First proposal advanced viduals receive. States may establish by this side, a proposal that has suffi- suffers through another devastating time limits of any duration, but those drought as we did in 1988 and 1989, cient funding to deliver on the promise limits only apply to participants who of moving people from welfare to work. there comes a time when a flat level of refuse to work. funding from the Federal Government And that ought to be the first test of The WAGE Act eliminates the uncon- does not do the job, does not protect any bill. No serious effort to reform ditional entitlement of AFDC, but un- people who I think everyone in this welfare can succeed without child care. like the blank check block grant ap- Chamber would want to see protected. Shortly before I offered my WAGE The fundamental debate here is are proach in the Republican bill, it does Act, Governors Carper, Carnahan, and we going to preserve an automatic sta- not abdicate Federal responsibility. In- Caperton wrote me in support of my bilizer that says to individual States if stead, my bill replaces AFDC with a bill. In their letter the Governors de- they suffer an economic collapse or new transitional aid program. Under scribe the elements needed for serious some other calamity, that it will not that program, welfare recipients must welfare reform. The Governors said in just be a flat funding from the Federal work in order to receive benefits. The part: Government and strained State re- WAGE Act also creates a block grant The litmus test for any real reform is sources that are ready to meet the to fund child care work activities and whether or not it adequately answers the fol- includes the resources to put people to lowing three questions: challenge but this country stands to- First, does it prepare welfare recipients for gether united. That is why we are the work. The only part of the current sys- tem that is maintained by my plan is work? United States of America. Over and Second, does it help welfare recipients find over, we have seen this country re- the safety net for States and children. a job? spond to tragedy. Whether it was the That is where we have a fundamental Third, does it enable welfare recipients to bombing in Oklahoma, the earthquakes difference and divide between the two maintain a job? in California, or the drought in my sides. My plan assures that as poverty The Governors went on to say, and I State, we stood together as one nation and population increase, as recessions quote: under God, indivisible, and we came to occur, and as natural disasters Your bill meets this test because it pro- help out, to make certain that a young confront our States, the Nation will vides assistance to prepare individuals for mother with two little kids was not on not abandon Americans in need. work, to help individuals find and keep jobs, and to ensure that work pays more than wel- the street because the husband de- Mr. President, I am disappointed in the partisan nature of the welfare de- fare. serted the family and the house pay- They went on to say: ment was not made. bate to this point. I very much hoped Mr. President, let me just say, if the that we would approach welfare on a Your bill appropriately recognizes the crit- bipartisan basis. In fact, Senator ical link of child care in enabling welfare re- American people agree on one thing, it cipients to work and emphasizes that both CHAFEE and I authored one of the few is that the current welfare system is parents have a responsibility to their chil- broken. Make no mistake about it. bipartisan welfare-related proposals, dren with the inclusion of measures to in- Both sides are offering dramatic the Children’s SSI Eligibility Reform crease paternity establishments, child sup- changes with respect to how we deal Act, which I incorporated into the port collections, and interstate cooperation with welfare in America. WAGE Act that I offered earlier this of child support enforcement. The current system is one that no- year. Mr. President, while the WAGE Act body respects. The taxpayers do not re- Mr. President, I listened to the ma- and Work First Act both recognize the spect it. Those who are caught in the jority leader on the floor in August critical child-care link, the Dole bill welfare system do not respect it. The when Senator KENNEDY questioned him gets a failing grade. Not only does it current system does not emphasize about the lack of resources for child fail to provide child care, but it kicks work. It contains perverse incentives care in the Republican bill. The major- children off of welfare roles if their that actually break up low-income ity leader said he was aware of the parents are unable to work because families. It allows parents to abdicate problem. He said he was discussing pos- child care is unavailable. That makes responsibility for raising their chil- sible solutions within his caucus. Mr. no sense. It is unconscionable to sub- dren. It allows fathers to escape their President, I would say to the majority ject children to a time limit regardless S 12770 CONGRESSIONAL RECORD — SENATE September 7, 1995 of whether their parents receive the Mr. President, while Work First pro- Under the Republican plan, States are child care they need to become em- vides States with unprecedented flexi- left to face crises on their own. Wheth- ployed. bility to develop welfare programs, it er faced with a drought in North Da- That is a catch-22 for the kids. But also requires States to match Federal kota, a flood in Mississippi, an earth- the Dole bill does precisely that. Mr. contributions so they do not get a free quake in California, or an economic President, not only does the Dole bill ride. The Republican plan does not. downturn in Pennsylvania, the Federal include insufficient resources for child We all agree that State flexibility is Government ought to help stabilize care and job training—and that is not important, but there is an enormous State economies. The Work First plan my estimate, that is the bipartisan difference between a flexible program continues the Federal Government’s Congressional Budget Office telling us and a blank check. The Dole block responsibility; the Dole plan does not. that that is a fact—it amounts to a grant program is a blank check. It di- The Republican bill includes a so- $16.7 billion unfunded mandate to the vorces who spends the money from who called rainy day loan fund. But the States. raises the money, and that is a pro- funding is simply not sufficient to We have heard a lot of talk around foundly misguided principle. We ought confront the magnitude of economic here about how bad it is to have an un- not to separate the responsibility of impacts that occur during State reces- funded mandate for the States. But raising money from the responsibility sions or disasters. Even New Jersey’s that is exactly what the Dole bill rep- of spending that money. Republican Governor has said the rainy resents, a huge unfunded mandate to There are some similarities between day fund in Senator DOLE’s bill won’t the States. It calls for more welfare re- the Democratic and Republican propos- get the job done. cipients to go to work, but it does not als. Both are significant departures The genius of a national approach to provide the money or the resources to from the status quo. They are depar- automatically assisting individual make that happen. It calls for child tures from a system that focuses too States that experience recessions, large care to be provided, but insufficient re- much on writing checks and too little population increases, high unemploy- sources are made available. on promoting work and self-suffi- ment, increases in poverty or natural Mr. President, the Republican plan is ciency. Both junk overly prescriptive disasters, is that we all support each from the land of make believe. You say Federal regulations, and both provide other in times of need. Part of what it and it is true. We are going to move significant flexibility for States. But binds us as a nation is our sense of mu- people to work. But the resources are the shortcomings of the Republican tual obligation and common purpose. not provided to make that happen, so proposal are a lost opportunity. With- Our entire Nation watched as Califor- it is all a hoax. It is just words. And, out significant changes now, the Re- nia struggled to overcome the devasta- again, that is not my analysis. That is publican proposal will undoubtedly re- tion from the L.A. earthquake. The the Congressional Budget Office telling quire substantial future revisions by same was true after Hurricane Andrew us 44 of the 50 States will not have a the Congress, and those revisions will and the Oklahoma bombing. And when- work requirement under this proposal. come after the Republican plan has ir- ever one State is in recession, we pro- There has been plenty of time since the reversibly harmed millions of vulner- vide an influx of national resources Finance Committee met to get this bill able children and wreaked havoc on through unemployment insurance and right. But, frankly, no serious effort State economies. other Federal programs. has been made. Let me highlight a few of the most The current funding structure auto- Now, I want this debate to be biparti- significant shortcomings in the Repub- matically adjusts to State need. It ac- san. The American people want it to be complishes automatically what any na- bipartisan. They do not care whether lican proposal and how our approach tion should guarantee to its citizens— the solution has a Democratic or Re- differs. First, the work requirements in the they will not be abandoned in their publican label. They just want the Dole proposal are hollow. The Repub- problem fixed. But they want real re- time of greatest need. But under the lican plan provides essentially flat form, not false promises, not just Republican proposal, States would funding for States while calling for an words, not just rhetoric. They want the have to borrow the money and pay it reality of changing this system. increased effort at putting people to back while they still may be in the Mr. President, when I set out to de- work. Work First, on the other hand, midst of a recession or other economic velop a welfare reform proposal, I makes a serious effort to provide the emergency. The Dole bill’s rainy day started with four principles. One, em- necessary resources to put people to fund is clearly a second-best approach. phasize work; two, protect children; work. It uses savings from the welfare Third, Mr. President, the Republican three, provide flexibility to the States; system to put welfare recipients to bill makes a hollow commitment to en- and four, strengthen families. work and includes the resources nec- sure that teen mothers will receive the Mr. President, a reformed welfare essary to fund work programs. adult supervision they need to improve system should require people to work I do not disagree with the goal of the their lives and the futures of their chil- in order to receive assistance. This is Republican proposal, but it simply does dren. where those of us on both sides of the not add up. If we are going to make an In the Finance Committee, I offered aisle, I think, are in agreement. I be- honest effort to put people to work, we an amendment that would have re- lieve there is a consensus that if people should remember the words of respon- quired all teen mothers to live with are going to get something, they ought sible commentators like the Repub- their parents, some other responsible to work. If a reformed welfare system lican Governor from Wisconsin, adult, or in an adult supervised setting does that and enables States to experi- Tommy Thompson, when he testified like a second chance home. To my sur- ment, helps keep families together, before the Finance Committee. Gov- prise, that amendment failed on a tie then the American people will have a ernor Thompson reminded all of us 10–10 vote. I would have expected over- system worth respecting. that it takes an upfront investment to whelming support for such a provision. The proposal I developed meets those have a work requirement. Senator But every Republican on the commit- tests. The Work First proposal, that I MOYNIHAN recalls that, no doubt. We tee except for Senator NICKLES opposed am proud to cosponsor with the Demo- need to provide resources for child care the amendment. cratic leader, does as well. But the Re- and job training if we are going to have Now the Republican bill includes the publican bill does not. a serious work requirement. adult supervision requirement and an- Mr. President, both my proposal and Second, the Republican plan elimi- other provision I have been advocating Senator DASCHLE’s put work first. nates the safety net for children and for some time—a requirement that They take action where the Republican the automatic stabilization mechanism minor parents stay in school. But proposal makes promises. Unlike the for States. Whatever the faults of the again, the rhetoric and reality are two Dole and Gramm proposals, they pro- current welfare system, and they are different things. First, the require- vide the resources necessary to make many, it does automatically adjust for ments are a facade because the bill pro- work a reality. And Work First pro- changing needs. vides no resources. Without sufficient tects children; the Republican plan I am going to conclude soon, because resources, infants and their young does not. I have colleagues waiting to speak. mothers who have no place to go will September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12771 simply be denied needed assistance. Act and Work First provide States member so well 30 years ago when my Second, the Republican plan fails to with unprecedented flexibility without colleague from New York warned this guarantee that adult supervised living dumping welfare completely on the Nation of what was to come, and he has environments will be available to backs of State and local taxpayers. been precisely correct in what he pre- young mothers as an alternative to liv- The block grant in the Republican dicted. ing in an abusive household. To be seri- bill is the height of irresponsibility. There is no other Member of this ous, any requirement that teenage par- History will prove that fact. We must Chamber, there is no other academic in ents live with a parent or other respon- all recognize that the need for a na- American society, there is no other ex- sible adult must provide alternatives tionwide safety net has nothing to do pert who predicted with such accuracy when no such adult is available. There- with whether Governors or Members of and such vision what would occur in fore, I plan to offer an amendment that Congress care more about children. Ob- this country. No one has matched the will provide Federal resources for sec- viously, we all care deeply about our predictive power of the Senator from ond chance homes. Second chance children. New York, and I think his views are homes are adult supervised living ar- But ending our Nation’s safety net owed special deference because he is rangements that provide the training, for children is extremely dangerous. the only one here who has a track child care, counseling, and other re- Neither Governors nor Members of record of accurately predicting what sources that teenage parents need to Congress can prevent the uncertainties would happen in 30 years. It is truly re- learn how to care for their children. that come from the business cycle, re- markable the vision that he has had And they work. cessions, population shifts between with respect to this issue, and I have When the Finance Committee held States and natural disasters. If we listened to and learned from my col- its hearings on welfare reform, Sister abolish a safety net for children, the league from New York. I hope other Mary Rose McGeady from Covenant security of our Nation’s children will colleagues, before this debate is con- House gave the most compelling testi- be left to chance, depending solely on cluded, will listen and learn from this mony we heard. She told us that Cov- where a child lives. It is inconsistent at very wise man. enant House works. Covenant House best for those who preach about moral- I thank the Chair and yield the floor. takes in teenage parents and helps ity and family values to support a plan Mr. MOYNIHAN addressed the Chair. them build a future for themselves and that undermines those values. The PRESIDING OFFICER. The Sen- their children. She also told us that The Work First plan strikes the right ator from New York. Mr. MOYNIHAN. Mr. President, I Covenant House has been extremely balance. It prohibits any unconditional thank my colleague on the Finance successful in preventing second preg- entitlement to welfare benefits. In- Committee and my friend from North nancies among the girls it serves. stead, it requires people to work in re- We know that 42 percent of welfare turn for welfare. While it includes a Dakota for his very generous remarks. recipients gave birth as teens. And we few basic requirements for States, it May I make the point that it was he also know that the younger a girl is also provides States with significant who asked in the Finance Committee, when she gives birth, the more likely flexibility. It wipes out the 45 State how are you going to provide for the she will become a long-term welfare re- plan requirements that are currently job training provisions in the majority cipient. But Covenant House and other in AFDC. Work First replaces the old measure, and the CBO simply said, second chance homes increase the requirements with only a few cat- ‘‘You can’t.’’ It was a clear and concise statement chance that these mothers will break egories. It provides States with the of what we are up against and what we out of the welfare failure chain. flexibility to design employment pro- We should not penalize the children grams; provide incentives to case man- are going to do to ourselves if we do of teenage mothers simply because of agers for successful job placements and not come to our senses. I thank the Senator from North Da- the circumstances into which they retention among the welfare popu- kota. were born. Nor should we allow their lation; determine program eligibility; I see my friend from Minnesota is mothers the option of getting a benefit and establish a number of other poli- here. check that is a ticket to their own cies under the State work program. Mr. GRAMS addressed the Chair. apartment. Rather, teenage mothers The last time the Senate acted on The PRESIDING OFFICER. The Sen- should have to finish school and learn welfare reform, we passed a bipartisan ator from Minnesota. how to take care of themselves and bill with 96 votes. There are many as- Mr. GRAMS. Mr. President, every their children. They should learn the pects of welfare reform on which Re- sports fan in America celebrated along kind of responsibility that will not publicans and Democrats can agree. with Baltimore’s Cal Ripken last night; only improve their lives, but the future But I am disappointed in the block- when he played in his 2,131 consecutive prospects of their children. That will grants-or-bust approach being taken by game and broke a baseball record most only happen it States receive the re- the Republican majority. There are re- thought could never be toppled. sources necessary to make second sponsible and innovative ways to ad- That is an impressive feat; even more chance homes a reality. dress this issue without the second- impressive when you consider that The U.S. Catholic Conference, the best pure block grant approach. ‘‘The Streak’’ represents more than 13 National Council of Churches, Catholic I developed the WAGE bill in order to years of dedication, sacrifice, and plen- Charities U.S.A., and many others demonstrate that there is, indeed, a ty of hard work. agree with me that second chance better way to reform welfare. The There is another consecutive streak homes should be included in reform. Work First Act closely parallels my ap- you should know about, one that has We are all concerned about the need for proach. I sincerely hope that my Re- not received nearly the attention that strong welfare reform that discourages publican and Democratic colleagues Cal Ripken’s has, but one that affects a out-of-wedlock pregnancies. I hope my alike will support Work First. Work lot more people, and imposes an enor- Republican colleagues will work with First scraps a system that is broken. It mous cost on the American taxpayers. me to make second chance homes a re- uses the best ideas to build an effective Worst of all, this streak has gone on ality. welfare system that will move people unchecked for more than 30 years. But while I see enormous potential into work and keep families together. Since the Great Society programs of for Republicans and Democrats to work And it allows States the freedom to try the 1960’s—for three long decades—tax- together on many aspects of welfare re- new ideas. I strongly believe that Work payers have suffered through a con- form, there is one significant problem. First offers the best possibility for bi- secutive Federal spending streak that The sponsors of welfare reform on the partisan welfare reform this year. has taken more than 5 trillion of their Republican side have shown complete Mr. President, I want to conclude by tax dollars and siphoned them off to unwillingness to move from their block thanking my colleague, Senator MOY- fund a welfare system that, frankly, grant approach. They argue that block NIHAN, who has been a visionary on this has done more harm than good. grants are the only way to provide question for longer than most people Mr. President, I hope Cal Ripken’s State flexibility. But, Mr. President, have been aware that it was a critical streak goes on forever, but the uncon- that’s simply not true. Both the WAGE problem facing this country. I can re- trolled welfare spending streak must S 12772 CONGRESSIONAL RECORD — SENATE September 7, 1995 come to an end, and it is up to us to Instead of encouraging the status None speaks more ably and with stop it. I rise today to remind my col- quo, the Republican welfare reform leg- more of a record in this regard than leagues of a simple truth, and that is, islation offers welfare families a fu- the Senator from Illinois. I see that he the people are demanding that this ture. It offers hope. Yes, it does ask has risen. I believe he would like to ad- Congress take responsibility for our something in return from those who dress the Senate in this matter. I ask broken welfare system and fix it. benefit from it. But what it gives back him how long he would like? Last year, when I was running for the is something infinitely more valuable: Mr. SIMON. Five minutes. Senate, I listened to Minnesotans as we self-esteem, a sense of accomplish- Mr. MOYNIHAN. In 5 minutes, the sat down together in their coffee shops ment, and a chance to create a better Senator from Illinois can say more and truck stops, in their businesses and life for themselves and their children. than most of us do in 50. I am happy to in their homes. The first step in creating that better yield him the time. They asked me over and over again: life does not require anything more Mr. SIMON. I thank the Senator ‘‘What are you going to do about wel- than a commitment. In breaking that from New York. I wish he were accu- fare?’’ long-held baseball record last night, rate in that. I told them we were going to fix it, Cal Ripken reminded us all that a per- We all want welfare reform. I heard and many of my colleagues made the son does not necessarily need to be the the Presiding Officer at a committee same promise. strongest, or the fastest, or the biggest meeting this morning talk about the As you know, we just returned from a player on the team to make a lasting need for that. I do regret that we do 3-week recess, and like many others, I contribution. Sometimes those with not have more of a bipartisan effort, had the opportunity to spend that time the most to give are simply the folks not only on this but on a lot of things. traveling my State, meeting with peo- who show up every day, ready to work, This has happened gradually over a pe- ple once again and again listening to eager to make a contribution. riod of years on the Hill, and I think it their concerns. Taxpayers do that. They show up for has not been a healthy thing. So when But the question this time was not work every day, put in 40-plus hours a the Senator from Minnesota makes his ‘‘What are you going to do about wel- week for their hard earned money. comments about the need for working fare?’’ The question now was ‘‘What are They make a contribution. together, I agree. I heard Senator TED you doing about it?’’ With our legislation, we are encour- STEVENS make similar comments yes- The people are expecting solutions, aging welfare recipients to step up to terday morning, and Senator BYRD has not delays, not the attempts we are the plate and take their turn at bat, to made some comments along that line. seeing to derail this critically impor- start lifting themselves, with our help, Real candidly, the principal bill that tant legislation. toward something better. We are not we have, without the amendment, does For three decades, it has been the expecting home runs, but we will ex- not deal with the problem of poverty, taxpayers who have paid the price for a pect them to show up at the ballpark, does not deal with the problem of jobs. welfare system that does little but en- ready to contribute. If we can accom- Whether you have a Democratic Senate courage dependency and illegitimacy. plish that, then we cannot help but or a Republican Senate, whether you For three decades, the taxpayers succeed. have a Democratic President or a Re- have continually turned over their Mr. President, I urge my colleagues publican President, one thing is not hard-earned dollars to individuals in- to get serious about moving this legis- going to change, one trend line: the de- stead of bettering their own families lation forward. I have heard about the mand for unskilled labor is going down. and helping secure their own futures. terms of bipartisan support and a bi- Most of those on welfare are people The taxpayers have been subsidizing partisan effort. I hope that is what we who do not have skills. And so to have hopelessness and despair. can come down to as we go on with this real welfare reform, we really have to Congress has attempted to repair this debate, that we do come to a consensus be talking about jobs, ultimately. But, mess before. The last major effort was that this is a bipartisan effort. I heard in the meantime, we cannot let people in 1988, with the passage of the Family my colleague from North Dakota say fall through the cracks. Support Act. On the day that con- we are not going to get everything he I heard what our colleague from ference report was passed in the House, wants or everything I want, but hope- North Dakota, Senator CONRAD, said my good friend, BILL ARCHER, now fully we can come together with a plan about Senator MOYNIHAN. Senator chairman of the Ways and Means Com- that does meet the needs, obligations, MOYNIHAN knows more about welfare mittee, went to the floor with a warn- and the responsibilities to our tax- than all of the rest of this body put to- ing. payers. And they expect nothing less. gether—meaning no disrespect to my He said: Thank you, Mr. President. colleagues here from Arizona and Min- My criteria for welfare reform are that I yield the floor. nesota, and anywhere else. But the re- after 5 years of implementation we should be Mr. MOYNIHAN. Mr. President, may ality is that we have, as a Nation, said able to say to the taxpayers of this country I congratulate the Senator from Min- we are committed to having a safety that we have been able to encourage and to nesota not only for the substance of his net for people. This bill, unamended, remove welfare recipients from the rolls so takes out the safety net. That is the that it results in a program which has fewer remarks but for the elegant way in welfare recipients than would occur under which last night’s events in Baltimore reality. The State maintenance effort the current law. We should be able to say to were used as a metaphor for what it that is now required will die. If Arizona the working people of this country that the was about. Having in my youth wants to do nothing, Arizona can do cost of this program will result, after 5 watched Lou Gehrig at the Yankee nothing. And if Illinois wants to do years, in reduced taxes necessary to pay for Stadium, I had a certain ambivalence nothing, Illinois can do nothing. welfare. This bill fails on both accounts. about it, but nothing like upward and Let me add one other point. The Dole Mr. President, he could not have been onward. bill takes a bill that emerged from the more right, and we should have lis- I will just say that regarding the sub- Labor and Human Resources Commit- tened. stance of what is hoped for in welfare, tee, dealing with job training and a Today, 7 years later, we have 1.3 mil- there is a consensus, surprisingly, and number of other things like that, and lion more families on the AFDC rolls it commences with the 1988 legislation, just drops it wholesale in here—a bill than we had back in 1988. Seven years which redefines a widow’s pension as a that I think most of us on the commit- later, the working people of America reality of this time. There is no agree- tee know needs to be refined. For ex- are paying more taxes than they have ment on how you finance—pay for— ample, the Job Corps is just decimated. ever paid before—4.5 percent more than what needs doing. Now, the Job Corps needs to be im- they paid in 1988. We cannot continue Yet, the Senator from Minnesota proved. But 79 percent of the people in to think that we will solve the welfare spoke very properly about the prospect the Job Corps are high school dropouts. problem by throwing more precious of consensus and bipartisanship, and I This is not a Sunday school class we taxpayer dollars at it, hoping that they hope we may yet find that. We have are picking up and saying we want to will do some good. And, at last, I think done it in the past; why not in the fu- help you along; these are people who we have a Congress that understands. ture? are on the fringes, and the Job Corps September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12773 has been a remarkably successful en- grandfathers, when you discussed very People will know if children are terprise. clearly the results of the Republican going hungrier, if more of the homeless I will have an amendment, Mr. Presi- plan: if it passes and is signed into law, are children. They will know where to dent, that is identical to a bill that it will undoubtedly mean children in point the finger, and it will be right Senator Boren and Senator REID and deep despair, and in deep poverty. Your here. If we take the Dole approach Senator Wofford and I introduced last image of children sleeping on grates without amending it—and I hope in a year, which will call for an experi- across this Nation is one which I take bipartisan fashion we will amend it— ment—basically, a WPA type of pro- very seriously. we will be hurting our children and we gram in four locations, to be picked by There are few in this Congress and will see the results of that and we will the Secretary of Labor, in which we few in this country and I could even know when and where it came from. will say that you can be on welfare 5 say, in my opinion, there are none, who I listened to my learned friend from weeks—not 5 years, not 2 years, but 5 have been so correct in their analysis New York talk about what happened to weeks—and you have to work 4 days a of what is happening to the poor in this the homeless after we moved to close week at the minimum wage. The fifth Nation. We have made many mistakes, down mental institutions. For all the day you have to be out trying to find a the Senator from Minnesota is correct, good reasons—we said, it is better to job in the private sector. We will give as we have tried to deal with this very have our mentally ill in smaller insti- you $535 a month—not much money, intractable problem. I hope we would tutions, smaller homes throughout the but at least something. I do not recall not replace some of those mistakes country. But something happened on the average in Arizona, but the average with even deeper mistakes. I, therefore, the way to the Forum. We ran out of welfare payment per family in Illinois applaud the call for bipartisanship as money and we never built those alter- is $367. And then projects would be we deal with this issue. natives. picked by local citizens, and these peo- Mr. President, I think it is important to note that we are talking here about This situation is worse because right ple will work on the projects, as we did off the top we know in the Dole bill we in the old WPA. the Nation’s children. If you look at my home State of California, approxi- are freezing spending. At least when Screen people as they come in. If my predecessors tried to reform the they cannot read and write, get them mately 70 percent of California AFDC recipients—that is, those who are on mental health system, they had a plan. into a program. If they have no mar- But this Dole bill is no plan. It is an ketable skill, then get them to a com- welfare—are children. Let me repeat: in my home State of California, 70 per- abdication, not a plan. This is very, munity college. very troubling. The PRESIDING OFFICER (Mr. cent of those on welfare are children. Children who were born into a cir- Now, one of the things that upsets COATS). The time of the Senator has me perhaps more than any other, is expired. cumstance not of their own making at all—just their circumstance. that there is no clear way in the Dole Mr. SIMON. Could I have 1 minute? bill that we are going to enable work- Mr. MOYNIHAN. The Senator from What we do here will impact them greatly. In many ways, we are their ing moms and working dads to rely on Illinois can have as much time as he child care. desires because he has so much to say protectors, Mr. President. We are their protectors. I hope we will not abandon Child care is really an incidental in and says it so well. the Dole bill. It is wrapped into a job Mr. SIMON. I thank my colleague them. As I listened to the Senator from assistance grant. The funds are frozen. from New York. I intend now to speak New York, my leader on this issue, I In California, we have thousands of for 2 or 3 hours, but I shall not. say that he has issued a warning that if One other great advantage of the kids today waiting in line to get into the Dole bill passes unamended, in fact WPA-type of program that I will offer child care. We do nothing. we will be doing just that. We will be in this amendment is we do not restrict I hearken this Senate back to the saying that regardless of our state- it to one person in a household. One of days of Franklin Delano Roosevelt, ments in all of our campaigns—that who is often praised by Republicans for the things that we have done through children are the most important thing, our welfare policies is discourage fami- his leadership. He knew we needed to that children are our future—that get women into the workplace. We all lies from sticking together. without our children getting a break, If you can have two people earning know about ‘‘Rosie the Riveter.’’ With- the country will go backwards. In fact out women going to work and building an income on a WPA-type of project, we will be walking away from the fu- then, frankly, they would have a the machinery of war that we had to ture. We would be walking away from build in this Nation—and we had to chance of not living in luxury, but our responsibility. there would be the economic incentive catch up because we were so behind in Many know I have had the great joy order to fight these battles—women for families to stick together rather of becoming a grandmother for the than families to separate. were relied upon in the workplace. And first time. As I looked at that little Franklin Delano Roosevelt knew a I certainly am going to support the child and saw all the love that he gets amendment offered by Senator woman was not going to abandon her on a daily basis, I know how pleased he child. She was going to need child care DASCHLE and Senator MOYNIHAN. I hope is. We can never guarantee anyone that we do not do real harm to this country while the husband was off at war and they will have that much love in their she was off in the factory. in the name of welfare reform. Every- life. thing that is under a label ‘‘welfare re- But, my goodness, we have to give According to Doris Kearns Goodwin form’’ is not real good for this country. the basic guarantee to these innocents, in the book ‘‘No Ordinary Time,’’ We have to recognize that. to these babies, that they will not be which I commend to everyone, nearly I yield the floor. left out in the cold. At least that, Mr. $50 million was spent on child care be- Mr. MOYNIHAN. Mr. President, I see President. At least that. fore the end of the war. And the women the able and learned Senator from Cali- Now, it was President Clinton who blossomed in the workplace because fornia has risen. She has asked if she brought this issue to our attention dur- they knew that their kids were OK. might have 12 minutes. She most cer- ing his campaign. ‘‘We must end wel- I like the Democratic alternative. I tainly can, and I look forward to hear- fare as we know it,’’ he said. I think think it makes sense because what it ing from her. that President Clinton has a great deal says is: You must work, but we will Mrs. BOXER. Thank you very much, of compassion in his heart for children. make sure that you do not abandon Mr. President. Thank you very much, I know that he agrees with us in the your children. The Democratic plan is Senator MOYNIHAN, not only for the Senate when we say, ‘‘Let us reform respectful of the family, is understand- time but for your extraordinary leader- welfare to benefit the children, not re- ing of the family. The Democratic plan ship, your vision. form it to hurt the children.’’ We will puts work first and children first. Work I think it should send a chill through be judged on how we handle this bill. first and children first. The Republican this body, whether we are Democrats We will be judged in the abstract at plan takes us out of the game. It says or Republicans, men or women, moms, first, but we will be judged by the re- to the States: Here it is. It is your dads, single people, grandmothers, or sults eventually. problem. S 12774 CONGRESSIONAL RECORD — SENATE September 7, 1995 The people in our States understand the aftermath of the Family Support is going to be signed, if in fact it is in the end it will be their problem, be- Act, we had considerable successes in signed, for such an occasion. cause what is going to happen when places such as Riverside. And we also Mr. President, I thank, again, the there are more helpless and more had a continued rise in the number of Senator from California. I see the Sen- homeless and more desperate people, families headed by women. ator from Michigan is on the floor. and people are tripping over them in The CBO has done the best analysis Would he like to speak? the street and we are out of it? you can do with these things, a regres- The Senator from Michigan asks 15 We have to balance the budget, and sion analysis. It states the caseload in- minutes. The Senator from Pennsylva- we will. We will not have the money for crease from late 1989 to 1992, increases nia has nobody wishing to speak. welfare. And it will be the greatest un- in the number of families headed by The PRESIDING OFFICER. The funded mandate of all time, because women explain just over half in the Chair will advise the Senator from New people are not going to allow their rise of the AFDC basic caseload. A York that the time remaining under communities to deteriorate. quarter was the recession. the time agreement for his side is 12 So I am very proud to support the I ask unanimous consent the analysis minutes and 45 seconds. Democratic alternative. I think it is be printed in the RECORD at this point. Mr. MOYNIHAN. The Senator from smart. I think it builds on what suc- There being no objection, the mate- Michigan is accordingly granted 12 cess we have had. In California we have rial was ordered to be printed in the minutes. We will have 45 seconds to had success. In Riverside County, for RECORD, as follows: wrap up. Is that agreeable? example, and in Los Angeles County, U.S. CONGRESS, Mr. LEVIN. I will be happy to take we have put a large percentage of wel- CONGRESSIONAL BUDGET OFFICE, 10. fare recipients onto the work rolls be- Washington, DC, August 6, 1993. Mr. MOYNIHAN. No, we understood cause we have really given them what Subject: CBO Staff Memorandum on Rising this would happen and it has happened. they need. But the Republican plan, Caseloads in the Aid to Families with De- The PRESIDING OFFICER. The Sen- that is going to lead to nothing but pendent Children (AFDC) Program. ator from Michigan is recognized. trouble—trouble in the States, un- We are enclosing a copy of ‘‘Forecasting Mr. LEVIN. Mr. President, I thank funded mandates laid on our State tax- AFDC Caseloads, with an Emphasis on Eco- my friend from New York. I also thank nomic Factors,’’ which was prepared by Jan- payers, laid on our local taxpayers. him, much more importantly, for the ice Peskin and John Tapogna in response to extraordinary wisdom, as well as pas- I come from the local end of things. a request from the Subcommittee on Human I got elected to the Board of Super- Resources of the Committee on Ways and sion, with which he addresses this sub- visors of Marin County a long time Means. To understand the upsurge in AFDC ject. The experience that he has, the ago. I got calls at home when anything caseloads that began during late 1989, the institutional and national memory was going on in the street. I can assure memorandum develops regression models which he carries around up there in his you, county supervisors and city coun- that estimate how various factors affect head, is unique. I just wish there were cil people and mayors and Governors caseloads. more of us like him in that capacity, to are going to be very upset when these The CBO model for the AFDC-Basic case- learn from experience not just what is load indicates that: achievable, but also to pass along the problems appear in their communities The effect on employment of the 1990–1991 and the Federal Government says, ‘‘It recession—and the relatively weak economy lessons of unintended consequences for is your problem.’’ before and after the recession—accounts for so many things that we do. Mr. President, an estimated 70 per- about a quarter of the recent growth in case- Mr. President, the Nation’s welfare cent of welfare recipients are children loads; and system does not serve the Nation well. and here we are walking away from Increases in the number of families headed It is broken in a number of places. It those children. We do not have to do it. by women explain just over half of the rise in has failed the children that it is in- Let us be tough on work and kind to the AFDC-Basic caseload. tended to protect. It has failed the Looking ahead to the 1993–1995 period, in- American taxpayer. children. That is what the Democratic creases in the AFDC-Basic caseload are ex- alternative does. I hope we will have pected to be sizable. The main underlying I am hopeful the debate in the Senate bipartisan support for that. My cities causes are growth in the number of families will result in a constructive effort in California are desperate about this. headed by women—especially by never-mar- which will finally end the current sys- Billions of dollars will be lost to the ried mothers—which is expected to continue tem and achieve meaningful reform. big counties in California with the Re- at a rapid rate, and the relatively weak eco- Meaningful reform will assure that publican plan—billions. Not millions nomic recovery that is forecast. children are protected, that able-bod- but billions. And the problem will not We hope you find this report useful. ied people work, and that child support go away. Mr. MOYNIHAN. I do not want to go enforcement laws are fully effective in So I stand with the former chairman, around looking like an Easter proces- getting fathers to support their chil- the Democratic ranking member of the sion here or something, but to my dren. Finance Committee. His vision should friend from California, that is the pen The history of this country’s welfare not be ignored. We should learn from with which John F. Kennedy, in his reform is littered with the remains of him. We should listen to him. He is the last public bill-signing ceremony, Octo- programs that have begun with high leader in this Nation on this issue. He ber 31, 1963, signed the Community expectations but fall short in reality. predicted what would happen in the Mental Health Construction Act of Welfare has too often been a cycle of communities, the out-of-wedlock 1963. dependence instead of independence. It births, and the problems that would We were going to build 2,000 commu- makes no sense to continue a system follow in society. And when he says he nity mental health centers by the year which contains incentives for people to knows we are going to see kids sleeping 1980 and 1 per 100,000 population after- be on welfare. We have an obligation to on grates, and misery, and children wards. We built 400 and we forgot what break this cycle for all concerned. who are out of control—he knows what we were doing. We emptied out the The imperative of ending welfare de- he is talking about. mental institutions. The next thing pendency has led me to conclude that So I stand with him proudly. I hope you know, the problem of the homeless one component of welfare reform must we will support the Democratic alter- appears. I was there. He gave me this be time limits on welfare benefits, in native and, if we lose that, that we will pen. And we said, ‘‘The homeless? order to force able-bodied recipients to come together on amending the Dole Where did they come from? It was cer- seek and secure employment. bill. I yield the floor. tainly nothing we did.’’ The Daschle work first bill fun- The PRESIDING OFFICER. The Sen- It was exactly something we did. damentally changes the current wel- ator from New York. When you see those children sleeping fare system by replacing a system of Mr. MOYNIHAN. Mr. President, may on grates in 10 years time in your city, unconditional, unlimited aid with con- I express particular personal thanks to do not think it will not be recorded, ditional benefits for a limited time. the Senator from California for her thanks to the Senator from California, But it does so without abandoning the generosity in her remarks, and to that you can see it coming. Somebody national goal of helping children. make the case—just comment—that in might keep the pen with which this bill Under the work first bill, in order to September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12775 receive assistance, all recipients must Consistent with the increase in em- We also know that the problem of sign an empowerment contract. This ployment, trainees also received re- teen pregnancy and unwed teenaged contract will contain an individual duced public benefits. All seven States parents is not going to be completely plan, designed to move the recipient moved a significant proportion of eliminated or easily eliminated. So I promptly into the work force. Those trainees off of AFDC. In four of the support provisions which require teen who refuse to sign a contract will not States, a significant proportion of the parents to continue their education get assistance, and tough sanctions trainees also were moved off of the and job training and to live either at will apply to those not complying with Food Stamp Program or received sig- home with an adult family member or the contract that they sign. I have long nificantly reduced benefit amounts. in an adult-supervised group home in believed that work requirements Additionally, the program evaluation order to qualify for benefits. should be clear, strong, and should be indicated that it significantly in- We should not erode the Federal safe- applied promptly. I am pleased that creased the amount of formal in-home ty net for low-income working families Senator DASCHLE has accepted a modi- care received by Medicaid clients and and for families who have exhausted fication at my request which adds a re- had significant beneficial effects on cli- their unemployment benefits. We fre- quirement that recipients be in job ent health and functioning. The eval- quently forget those families. Working training or in school or working in a uation also indicates that clients bene- families who lose their jobs get unem- private sector job within 6 months of fited from marginally reduced costs for ployment and then exhaust their un- the receipt of benefits, or, if a private the services that they received. employment. These are working peo- sector job cannot be found, in commu- As the 1986 evaluation of our dem- ple. nity service employment. The require- onstration project showed, this type of Tens of thousands of people in my ment would be phased in to allow the demonstration had great potential in home State of Michigan, over 329,000 States the opportunity to adjust ad- allowing local governments to respond nationally, who are working people ministratively. to priority needs and assist members of The Dole legislation requires recipi- their community in obtaining the who have exhausted their unemploy- ents to work within no more than 2 training necessary to obtain practical, ment benefits have had to move into years of the receipt of benefits. But meaningful private-sector employment welfare as a final resort. That was why wait that long? Why wait 2 years? and become productive, self-sufficient their final safety net. And responsible Unless an able-bodied person is in members of their community. reform must assure that in times of school or job training, why wait longer So experience has shown that we economic crisis, funds are available for than 6 months to require that a person must be much more aggressive in re- working families who have lost their either have a private job or be perform- quiring recipients to work. But, as we jobs and exhausted their unemploy- ing community service? require recipients to work, we must re- ment insurance. And the only way to There is no doubt that there is a member that another important part of do this is with a Federal safety net, great need in local communities across the challenge facing us is that two- that Federal safety net which the Sen- the country for community service thirds of the welfare recipients nation- ator from New York has spent so much workers. Last year, the demand for wide are children. Almost 10 million time analyzing and discussing before community service workers from the American children—nearly 400,000 in this body. President’s AmeriCorps Program was my home State of Michigan alone—re- Child care assistance is an important far greater than the ability to fund ceive benefits. We must not punish the facet of realistic welfare reform as it is them. According to AmeriCorps, of the kids in our welfare reform. for low-income working families who 538 project applications requesting ap- I am hopeful that the 104th Congress are not on welfare. Child care assist- proximately 60,000 workers, applica- will get people off welfare and into ance is essential to help recipients tions for only about 20,000 workers, jobs, in the privilege sector, if possible, keep a job and stay off welfare. Assist- about a third, could be funded. Projects but in community service, if necessary. ance is particularly needed in transi- ranged from environmental cleanup, to I want to again commend and con- tion periods moving from welfare to assisting in day care centers, to home gratulate Senator MOYNIHAN for his work. That is why child care assistance health care aides. So it is clear that decades of work on this issue. I want to is such an important feature of the there is no shortage of need for com- congratulate Senators DASCHLE, MI- work first plan, not just for people on munity service and for workers to per- KULSKI, BREAUX, and so many others of welfare but for low-income people, form community service. our colleagues who have worked on the whether or not they are on welfare. Mr. President, I have long been con- Daschle work first bill, which I am Another key element of any success- cerned about the cycle of dependency proud to cosponsor. ful welfare program will be assuring and the need to return welfare recipi- The work first bill is tough on get- that parents take responsibility for ents to work. As long as 14 years ago, ting people into jobs. But it provides their children. So we must toughen and in 1981, I was the author, along with the necessary incentives and resources improve interstate enforcement of Senator DOLE, of an amendment which to the States not only to require people child support. I very much support pro- was enacted into law to put some wel- to work, but to help people find jobs visions to require welfare recipients’ fare recipients back to work as home and to keep them. cooperation in establishing the pater- Mr. President, I have focused on health care aides, thereby decreasing nity of a child as a condition of eligi- making sure that able-bodied people on the welfare rolls and increasing the bility for benefits, and a range of meas- welfare work. That has been a focus of local tax base. ures such as driver’s license and pass- my efforts for over a decade now in this This demonstration project called for port restrictions, use of Federal income body, and I have described one of those the training and placement of AFDC tax refunds, and an enhanced database efforts, with Senator DOLE, that we ac- recipients as home care aides to Medic- capability for locating parents who do tually succeeded in putting into place aid recipients as a long-term care al- not meet their child support obliga- over a decade ago that had some very ternative to institutional care and was tions. subject to rigorous evaluation of dem- positive effects. But there are other onstration and the post-demonstration critically important elements of posi- The Daschle amendment which is be- periods. tive welfare reform. The number of fore us addresses these and other prob- The independently conducted pro- children born to unwed teenaged moth- lems. It ends the failed welfare system gram evaluation found that in six of ers has continued to rise at totally un- and replaces it with a program to move the seven demonstration projects, acceptable rates. We all recognize the people into jobs, to provide child care, trainees’ total monthly earnings in- need to do something about this and to to assure that parents take responsibil- creased by 56 percent to over 130 per- remove any incentives created by the ity for the children they bring into the cent during the demonstration period. welfare system for teenagers to have world, and it does this without penaliz- Evaluations of the post-demonstration children. I support teen pregnancy pre- ing America’s children. years indicated similarly positive and vention programs with flexibility for So I intend to vote for Senator significant income effects. the States in its implementation. DASCHLE’s work first welfare reform S 12776 CONGRESSIONAL RECORD — SENATE September 7, 1995 program to finally end the current sys- big bold letters, a sign that says spends $85 billion a year on corporate tem and achieve meaningful but realis- ‘‘Local taxpayers beware.’’ welfare—not including tax loopholes tic welfare reform. Sending severely underfunded block that cost many billions of dollars Again, I want to particularly single grants to the States with no real em- more. out our good friend from New York for phasis on work will cost all of us more The reason for this is simple. Low-in- the dedication which he has brought to in the end. The Senate Republican plan come children cannot hire high-priced this subject over so many decades, and cuts spending on welfare now, but you Washington law firms. Those who can for the wisdom which he imparts, and can be sure that local taxpayers will be hire expensive law firms are spared the for the warnings which he really gives picking up the tab later. reform axe this year. to all of us that we should do our best According to the Congressional Budg- The Senate Republican bill takes to reform the system but be aware of et Office, 44 of the 50 States will not food, child care, housing assistance and those unintended consequences. It is a meet work participation target rates in assistance for disabled children away lesson which each of us should heed. the Senate Republican bill because this from families, but continues the prac- I thank my friend for the time. plan fails to provide States with the tice of letting taxpayers foot part of I yield the floor. money needed to achieve these rates. the bill for wealthy corporations to The PRESIDING OFFICER. The Here is another unfunded mandate lease limousines. Chair would advise the Senator from being passed on to the State and local We must look at the entire welfare New York that he has 25 seconds re- taxpayers. system—including corporate welfare. maining. States must either swallow further Nobody on the Senate floor disagrees Mr. MOYNIHAN. I will use each of cuts in Federal payments to the that we need to reform welfare aid for those seconds to thank my incom- needy—or come up with more money low-income families. We do. There are parably learned and capable friend from their own coffers. too many programs that do too little from Michigan who has so wonderfully This makes no sense—unless the true to help people get back to work. guided us in legal matters through this purpose of this bill is to turn our back We need to ask more of those who re- Congress and who has spoken so wisely on the unemployed and further burden ceive assistance, but we should not about welfare and who has spoken gen- the taxpayer. You have to be tax-happy abandon those who play by the rules. erously about the Senator from New or cold-hearted to like this bill. We also need to continue programs York. In my home State of Vermont, the that reward low-income working fami- Mr. President, if I have 5 remaining Republican bill would cut over $77 mil- lies. seconds, I will retain them for some lion in cash assistance, supplemental This bill is just the latest attack by unspecified purpose. security income, child care, and food Republican leadership in Congress on The PRESIDING OFFICER. The time stamps over the next 5 years. low-income children and families. But Under the Republican block grant has expired. families on welfare are not the only Mr. DOLE. Mr. President, I suggest proposal there will be no adjustments targets. the absence of a quorum. for high unemployment or recession. Earlier this year, the Republican The PRESIDING OFFICER. The When the block grant money runs out, leadership announced plans to cut back clerk will call the roll. Vermonters will pick up the tab. the earned income tax credit [EITC]. Helping low-income Americans find a The assistant legislative clerk pro- This is a tax credit that rewards low- way out of poverty is a responsibility ceeded to call the roll. income Americans who work. It makes of both States and the Federal Govern- Mr. MOYNIHAN. Mr. President, I ask a huge difference for families strug- ment. The Republican plan abandons unanimous consent that the order for gling to pay the rent and buy food for any national involvement in providing the quorum call be rescinded. their kids. for the welfare of the Nation. The PRESIDING OFFICER. Without Yes, you heard it right. The Repub- States need more flexibility, but that objection, it is so ordered. lican leadership wants to raise taxes does not mean shedding our national Mr. MOYNIHAN. Mr. President, the for low-income working families. responsibility. majority leader has very generously I cannot support the Republican The Republican budget resolution suggested we might have an additional plan, but I intend to vote for the alter- also cuts Medicaid by $180 billion over 15 minutes for our side, and the Sen- native proposal offered by Senator the next 7 years. Medicaid provides ator from Vermont is present and I long-term care for low-income seniors, DASCHLE. The Democratic leader’s plan give him as much of that time as he continues a national commitment to the disabled and health care for low-in- wishes. keep families together and work their come children and families. The PRESIDING OFFICER. The Sen- way off welfare. Following through on the budget res- ator from Vermont is recognized. Families on welfare cannot get jobs if olution, the House just cut billions out Mr. LEAHY. Mr. President, I thank they do not have adequate child care of next year’s appropriations for edu- the distinguished Senator from New support. They cannot keep their jobs cation programs, Head Start and youth York and the distinguished Republican unless there is a transition period for work programs. leader for the courtesy that in my child care. At the same time, the House is gear- years here I have grown accustomed to The Democratic bill not only empha- ing up to pay for 20 additional B–2 receiving from both of them. sizes helping people find work—but bombers at $1 billion a pop. A plane Mr. President, I am concerned about backs it up with the child care nec- that the Pentagon has said it does not the welfare bill before us, the Repub- essary to go to work. even want. We need to get our prior- lican version. I know that a lot of very The Democratic alternative is a na- ities straight. good Senators on both sides of the aisle tional commitment to help children The Republican assault on programs have been wrestling with the problems and families work their way out of pov- that benefit low-income Americans we face, but I worry about just how erty. The Republican bill is a feel-good, comes at a time when census data that wrestling match may come out. do-nothing charade that takes a walk shows the gap between the rich and the Mr. President, the Republican wel- on the problem of poverty. poor is greater than at any time since fare bill is an all-out assault on low-in- There is a welfare scandal in this the end of World War II. come children and families. The bill is country that most Republicans have If the present trends continue, the anti-child, anti-family and it does been strangely silent about. It is the America that our children grow up in nothing to get people off welfare and scandal of corporate welfare. will look more like a Third World into a job. As we pause on the brink of slashing country, with deep gulfs between the The rhetoric being used to sell this food assistance and child care to needy rich and the poor. bill to the American people is full of families, I wish we would think a little Programs that keep poor families to- false promises. The bill is not reform. bit about the corporations that are re- gether, rather than tearing them apart It boxes up welfare problems and ceiving benefits from Uncle Sam. and programs that feed children so ships them off to the States. On the According to the conservative Cato they can learn, are investments in our outside of this box there ought to be, in Institute, the American taxpayer future. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12777 These investments will make Amer- it impossible for 44 States to comply that we have 336 Federal welfare pro- ica more productive. with the majority leader’s bill. I do not grams; 336 different Federal welfare Members of Congress have benefited wish to place such an unfunded man- programs, and they have not been from the opportunities which have date on the States. The Work First working. We are spending lots and lots made America the land of opportunity. plan recognizes that child care is a of money, and it has not been working. We have an obligation to make sure must for States to meet its tough work In 1994, we were spending about $241 that those same opportunities are participation rates. Moreover, only billion for welfare programs—$241 bil- available for the next generation. with sufficient child care can single lion—and that figure is increasing dra- We must work together to make re- welfare parents retain jobs and avoid a matically. Most of these programs are sponsible bipartisan changes to Federal return to welfare dependency. entitlements. Most of these programs programs that provide assistance to The Work First bill provides greater grow. The Federal Government defines low-income children and families. I incentives than welfare. It transforms eligibility, and then we see how much fear, however, the public policy is right the entire welfare bureaucracy, making they cost at the end of the year. We do now being overshadowed by Presi- it work-oriented. States are given the not budget them. We do not say, ‘‘Here dential politics. flexibility to administer the Work is how much money we are going to I hope that reason will prevail over First employment block grant them- spend on welfare.’’ They are entitle- hysteria as we all take a good hard selves or contract with private compa- ments. People are entitled to these look at how we can make welfare pro- nies to move temporary employment benefits. Whether it is food stamps, grams work better for all Americans. assistance recipients into full-time, whether it is housing assistance, Mr. HEFLIN addressed the Chair. private-sector jobs. Senator DASCHLE’s whether it is energy assistance, you The PRESIDING OFFICER. The Sen- bill is cost-effective. It would achieve a name it, we have a lot of programs ator from Alabama. savings of $21 billion over 7 years, all of where people are entitled to the bene- Mr. HEFLIN. Mr. President, I am which would go directly toward deficit fit, and we see how much it costs at the pleased that the Senate has finally em- reduction. And while the Work First end of the year. barked on an earnest and vigorous de- proposal imposes tough time limits for It is not too surprising, therefore, we bate on reforming welfare. Except for welfare assistance, it contains impor- find a lot of people who become ad- the balanced budget amendment, this tant protections for children, the inno- dicted to these entitlements and then is probably the most important legisla- cent victims of our current defective they demand their money; they are en- tion we will tackle in this Congress. system. titled, as by definition of the Federal There is no doubt that our current sys- There is an urgent need to improve Government. So they become addicted tem is failing welfare recipients and the welfare system in the United to Federal programs. They become de- taxpayers alike. I believe that all Sen- States. I hope that the Senate will pendent on the Federal Government. ators recognize the shortcomings that take advantage of this historic oppor- We have to break the welfare depend- exist in welfare and sincerely want to tunity to enact legislation to overhaul ency cycle we have in this country. rectify them. Although there are some our flawed programs and empower wel- One of President Clinton’s best lines tough issues yet to be resolved, let us fare recipients to break cycles of de- in his 1992 campaign said, ‘‘We need to not shirk the responsibility we have to pendency and become successful and end welfare as we know it.’’ Everyone all citizens of this country to work to- productive citizens. was applauding. Democrats, Repub- gether in passing meaningful welfare I yield the floor. licans, and Independents said, ‘‘Yes, we reform. Mr. MOYNIHAN addressed the Chair. need to, because we realize the system We have before us various proposals The PRESIDING OFFICER. The Sen- is not working and it has not worked to revise the Federal programs that ator from New York. very well.’’ provide assistance to the poor in our Mr. MOYNIHAN. I think at this point Mr. President, I ask unanimous con- Nation. After reviewing the different we may have a few moments remain- sent that a study done by the Congres- recommendations, I have concluded ing, which I would like to reserve for sional Research Service that lists the that the Work First legislation au- some unanticipated purpose. 336 welfare programs and their costs be thored by Senators DASCHLE, BREAUX, Seeing no Senators on this side, I see printed in the RECORD. and MIKULSKI contains the best alter- the Senator from Oklahoma. There being no obligation, the study natives to the current problems in our Mr. NICKLES. I suggest the absence was ordered to be printed in the welfare system. First and foremost, the of a quorum. RECORD, as follows: Work First plan mandates work for The PRESIDING OFFICER. The ab- welfare recipients and an end to gov- sence of a quorum has been suggested. OVERVIEW OF FEDERAL PROGRAMS AND SPENDING IN ernment dependency. The AFDC Pro- The clerk will call the roll. EIGHT WELFARE DOMAINS NOVEMBER 1994 gram would be abolished and replaced The assistant legislative clerk pro- by a time-limited benefit, conditional FY 1994 or ceeded to call the roll. Number 1995 appro- upon a recipient’s signing and comply- Welfare domain of pro- Mr. NICKLES. Mr. President, I ask grams priation (in ing with a parent empowerment con- unanimous consent that the order for millions) tract. Welfare offices would be trans- the quorum call be rescinded. Cash welfare ...... 7 * $17,171 formed into employment offices and The PRESIDING OFFICER. Without Child welfare and child abuse ...... 38 4,306 Child care ...... 45 11,771 ensure that welfare parents become objection, it is so ordered. Employment and training ...... 154 24,838 productive members of the work force Mr. NICKLES. Mr. President, we Social services ...... 33 6,589 Food and nutrition ...... 10 37,967 as soon as possible. Persons receiving have heard several of our colleagues, Housing ...... 27 17,516 temporary employment assistance particularly on the other side of the Health ...... 22 5,076 would be required to look for work aisle, talk about the need for welfare Total ...... 336 125,234 from day one and would be penalized reform. And I would say that there is * Figure for FY 1996. for turning down any legitimate job unanimous support in the Senate and Note. The figure of $125.2 billion does not include the $87 billion the offer. States would confirm that an in- in the country for welfare reform. But Federal Government spent on Medicaid or the $28 billion spent on Supple- creasing percentage of their welfare I also would say in my opinion the mental Security Income in FY 1994. populations are entering the work Democrat alternative leaves a lot to be Overview of selected Federal cash welfare force. Unlike the Republican leadership desired. programs for low-income people November 1994 bill, however, States would have access Let me just make a couple of general [In millions] FY 1996 to the necessary resources to fulfill comments about welfare before I talk Program spending work participation rates. Child care as- about the specific amendment that we AFDC Basic payments ...... $12,040 sistance would be available to help wel- AFDC Unemployed Parent pay- have before us today. ments ...... 1,124 fare parents successfully make the We have a lot of Federal programs, AFDC Emergency Assistance ...... 600 transition to employment. The Con- and we are spending a lot of money on AFDC Administration ...... 1,637 gressional Budget Office has stated welfare. It kind of shocks people. I told JOBS ...... 900 that the lack of child care would make people in my State this past month At-Risk child care ...... 300 S 12778 CONGRESSIONAL RECORD — SENATE September 7, 1995 Program spending Overview of Federal child care programs for Committee of Jurisdiction FY 1994 AFDC Transitional child care ..... 570 low-income people, November 1994 Program appropriation [In millions] Substance Abuse Prevention Total ...... 17,171 and Treatment Block Grant – Committee of Jurisdiction FY 1994 Source. Congressional Budget Office. Committee on Banking, Finance Program appropriation and Urban Affairs (4 pro- Note. All programs are under jurisdiction of the Committee on Agriculture (1 pro- Committee on Ways and Means. AFDC=Aid to Fami- grams): lies with Dependent Children. gram): ...... Community Development Food Stamp program ...... $180 Block Grant ...... – Overview of Federal child welfare and child Early Childhood Development abuse programs for low-income people, Novem- Subtotal ...... 180 Program ...... 6 ber 1994 Family Self-Sufficiency Pro- [In millions] FY 1995 Committee on Education and gram ...... – Committee of Jurisdiction appropriations Labor (25 programs): Homeless Supportive Housing and Program Student financial aid ...... – Program ...... – Education and Labor Committee Early Intervention grants for (15 programs): infants and families ...... 253 Subtotal ...... 6 Abandoned infants assistance $14.4 Title I (Education for the dis- advantaged) ...... 127 Child abuse State grant pro- Committee on Public Works and Even Start ...... 91 gram ...... 22.8 Transportation (1 program): ..... Children’s Justice Grant pro- Migrant Education ...... 26 Native Hawaiian Family Edu- Appalachian Childhood Devel- gram ...... opment ...... – Child abuse demonstration cation Centers ...... 5 School-to-work opportunities – Committee on Small Business (1 and research grants ...... 15.4 program): ...... Demonstration grants for Special Child Care Services for Disadvantaged College Guaranteed Loans for Small abuse of homeless children . Business ...... – Community based family re- Students ...... – Special Education Preschool Committee on Natural Resources source program ...... 31.4 (1 program): ...... Adoption opportunities pro- Grants ...... 339 Vocational Education ...... – Indian Child Welfare Act— gram ...... 13.0 Title II grants ...... – Family violence State grant Child and adult food program 1,500 Abandoned Infants Assistance program ...... 32.6 Act 1 ...... 15 Total (46 programs) ...... 11,771 Family support centers ...... 7.4 Child Care and Development 1 Missing and exploited chil- Jurisdiction shared by Energy and Commerce. Block Grant ...... 892 dren’s program ...... 6.7 Note. Dash indicates indiscernible amount. Child Development Associate Temporary Child Care for dis- Source. Congressional Research Service. Credential Scholarship ...... 1 abilities ...... 5.9 Comprehensive Child Devel- Overview of Federal employment and training Crisis Nurseries ...... 5.9 opment Centers ...... 47 programs for low-income people, November 1994 Grants to improve the inves- Head Start ...... 3,300 [In millions] FY 1995 tigation and prosecution of State Dependent Care Plan- child abuse cases ...... 1.5 Program appropriation ning and Development Guaranteed Student Loans ...... $5,889.0 Children’s Advocacy Centers . 3.0 Grants ...... 13 Treatment for juvenile of- Federal Pell Grant ...... 2,846.9 Temporary Child Care for Rehabilitation Services Basic fenders who are victims of Children with Disabilities Support ...... child abuse or neglect ...... and Crisis Nurseries ...... 12 Grants to States ...... 1,933.4 Ways and Means Committee (13 Adult Training Program ...... – JTPA IIB Training Services for programs): Economic Dislocation and the Disadvantaged Summer- Child welfare services ...... 292.0 Worker Adjustment Assist. Youth Employment and Train- Child welfare training ...... 4.4 Program ...... – ing Program ...... 1,688.8 Child welfare research and Job Corps ...... – JFPA Job Corps ...... 1,153.7 demonstration ...... 6.4 Migrant and Seasonal Farm- All-Volunteer Force Educational Family Preservation and fam- workers Programs ...... – Assistance ...... 895.1 ily support program ...... 150.0 School-to-work Transition Job Opportunities and Basic Independent living ...... 70.0 (overlapping with Edu- Skills Program ...... 825.0 Entitlement for Adoption (4 cation) ...... – State Legalization Impact Assist- programs) ...... 399.3 Summer Youth Employment ance Grants ...... 809.9 Entitlement for Foster Care and Training Program ...... – JTPA IIA Training Services for (3 programs) ...... 3,128.0 Youth Training Program ...... – the Disadvantaged-Adult ...... 793.1 Judiciary Committee (6 pro- Employment Service-Wagner grams): Subtotal ...... 6,621 Peyser State Grants ...... 734.8 Criminal background checks Vocational Education-Basic for child care providers ...... Committee on Ways and Means State Programs ...... 717.5 Court-appointed special advo- (11 programs): JTPA IIC Disadvantaged Youth .. 563.1 cates (CASA) program ...... 6.0 At-Risk Child Care ...... 361 Senior Community Service Em- Child abuse training program Child Care for Recipients of ployment Program ...... 421.1 for judicial personnel and AFDC ...... 528 Community Services Block Grant 352.7 practitioners ...... 0.8 Child Care Licensing Im- Adult Education-State Adminis- Grants for televised testi- provement Grants ...... – tered Basic Grant Programs ..... 261.5 mony ...... Child Welfare Services ...... – Vocational Rehabilitation for Victims of crime program ..... Social Services Block Grant .. 560 Disabled Veterans ...... 245.1 Grants to Indian tribes for Transitional Child Care ...... 140 JTPA EDWAA-Dislocated Work- child abuse cases ...... Child Care and Dependent ers (Governor’s Discretionary) . 229.5 Natural Resources Committee (3 Care Tax Credit ...... 2,700 JTPA EDWAA-Dislocated Work- programs): Child Care as a Business Ex- ers (Substate Allotment) ...... 229.5 Indian child and family pro- pense ...... – Trade Adjustment Assistance- grams ...... 24.6 Employer Provided Child or Workers ...... 215.0 Indian child protection and Dependent Care Services .... 675 Supportive Housing Demonstra- family violence prevention Tax Exemption for Nonprofit tion Program ...... 164.0 programs ...... 0.6 Organizations ...... – Food Stamp Employment and Indian child welfare assist- National Service Trust Pro- Training ...... 162.7 ance ...... gram ...... – Upward Bound ...... 160.5 Banking Committee (1 program): One-Stop Career Centers ...... 150.0 Family unification program ..... 76.0 Subtotal ...... 4,964 Economic Development-Grants for Public Works and Develop- Total (38 programs) ...... 4,306.1 Committee on Energy and Com- ment ...... 135.4 * Estimated amount of the total $2.8 billion appro- merce (2 programs): School-to-Work ...... 135.0 priation spent on child care. Residential Substance Abuse Federal Supplemental Education Source. Congressional Research Service. Treatment for Women ...... – Opportunity Grants ...... 125.0 September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12779 Program appropriation Program Appropriation Program Appropriations JTPA EDWAA-Dislocated Work- Section 235 Homeownership As- Setaside for Community Inte- ers (Secretary’s Discretionary) 114.7 sistance ...... 7 grated Services Systems ...... 11 Student Support Services ...... 110.3 Section 101 Rent Supplements ..... 0 Healthy Start Initiative ...... 110 Survivors and Dependents Edu- Home Investment Partnership Family Planning Program ...... 193 cational Assistance ...... 109.1 Program (HOME) ...... 1,400 Adolescent Family Life Dem- Vocational Education-TechPrep Homeownership and Opportunity onstration Grants ...... 7 Education ...... 104.1 for People Everywhere (HOPE) . 50 Indian Health Services ...... 1,963 Miscellaneous* ...... 2,562.0 Section 202 Elderly ...... 1,280 Projects for Assistance in Transi- Section 811 Disabled ...... 387 tion and Homelessness ...... 30 Total ...... 24,827.5 Housing Opportunities for Per- Immunization Program ...... 466 *A total of 93 programs with spending of less than sons with AFDC ...... 186 Vaccines for Children ...... 424 $100 million; an additional 31 programs are author- Emergency Shelter Grants to CARE Grant Program ...... 198 ized but had no appropriation for 1994. Homeless ...... Scholarships for Disadvantaged Source: U.S. General Accounting Office. Multiple Section 8 Moderate Rehabilita- Student Faculty (3 Programs) .. 37 Employment and Training Programs: Overlapping tion for SROs ...... Centers of Excellence ...... 24 Programs Can Add Unnecessary Administrative Supportive Housing for Homeless 1,120 Education Assistance Regarding Costs. (GAO/HEHS–94–80). Washington, D.C. Clarence Shelter Plus Care ...... Undergraduates ...... 27 Crawford, 1994. Innovative Homeless Initiatives Nurse Education Opportunities ... 4 Overview of Federal social services programs for Demonstration ...... low-income people, November, 1994 Section 502 Rural Home Loans .... 2,200 Total (22 Programs) ...... 5,076 [In millions] 55 Rural Housing Repair Loans ...... 35 Source. Congressional Budget Office. Rural Housing Repair Grants ...... 25 Mr. NICKLES. Mr. President, Frank- Committee of Jurisdiction FY 1995 Farm Labor Housing Loans ...... 16 lin Roosevelt once said: and Program Appropriation Rural Rental Housing Grants ...... 220 The lessons of history, confirmed by evi- Education and Labor Committee Farm Labor Housing Grants ...... 11 dence immediately before me, show conclu- (30 programs): Section 521 Rural Rental Assist- sively that continued dependence upon relief Community Services Block ance ...... 523 Grant ...... $391.5 Rural Self-help Housing TA induces a spiritual and moral disintegration Community Economic Devel- Grants ...... 13 fundamentally destructive to the national opment ...... 23.7 Section 523 Self-Help Housing fiber. To dole out relief in this way is to ad- Rural Housing ...... 2.9 Site Loans ...... 1 minister a narcotic, a subtle destroyer of the Rural Community Facilities . 3.3 Section 524 Rural Housing Site human spirit. Farm Worker Assistance ...... 3.1 Loans ...... 1 Franklin Delano Roosevelt was ex- National Youth Sports ...... 12.0 Section 533 Rural Housing Preser- actly right. We have induced a spir- Community Food and Nutri- vation Grants ...... 22 tion ...... 8.7 itual and moral disintegration of fun- Bureau of Indian Affairs Housing damental destructive values, and it has VISTA ...... 42.7 Grants ...... 19 VISTA—Literary ...... 5.0 been destructive to our national fiber; Special Volunteers Programs 0 Total (27 Programs) ...... 17,516 it has been destructive to the family. Retired Senior Volunteer Note: All programs except the Indian Affairs pro- We have a welfare system that does not Corps ...... 35.7 gram are under jurisdiction of the Banking Commit- work. Foster Grandparent Program 67.8 tee; the Indian Affairs program is under jurisdiction Since President Lyndon Johnson Senior Companion Program .. 31.2 of the Natural Resources Committee. launched the war on poverty in 1965, Senior Demonstrations ...... 1.0 Source. Congressional Budget Office. Demonstration Partnership welfare spending has cost U.S. tax- Agreements ...... 8.0 Overview of Federal food and nutrition payers about $5.4 trillion. Tragically, Juvenile Justice Formula programs for low-income persons, November 1994 as Roosevelt predicted, this culturally Grants (A+B ...... 75.0 [In millions] FY 1995 destructive system has heightened the Juvenile Justice Discre- Program Spending plight of the poor in this country, dis- tionary Grants ...... 25.0 Food Stamps ...... $24,750 couraging work and marriage. Today, Nutrition Assistance for Puerto Youth Gangs (Part D) ...... 10.0 one child in seven is raised on welfare State Challenge Grants (Part Rico ...... 1,143 E) ...... 10.0 Special Milk ...... 15 through the Aid to Families with De- Juvenile Monitoring (Part G) 4.0 Child Nutrition ...... 7,271 pendent Children Program. Nearly a Prevention Grants—Title V ... 20.0 Child Nutrition Commodities ...... 400 third of the children in the United Americorps: National Service Food Donations ...... 266 States are now born to single mothers. Trust ...... 492.5 Women, Infants and Children The number of children on AFDC has Service America ...... 50.0 Program ...... 3,297 tripled between 1965 and 1992, even Civilian Community Corps .... 26.0 CSFP ...... 107 though the total number of children in Youth Community Corps ...... ? Emergency Food Assistance Pro- Points of Light Foundation ... 6.5 gram ...... 123 the United States declined by 5.5 per- Runaway and Homeless HHS: Congregate Meals ...... 386 cent. Youth ...... 40.5 HHS: Meals on Wheels ...... 96 To fix this system, we must dras- Transition Living for Home- Food Program Administration .... 113 tically change it. Simply tinkering less Youth ...... 13.7 around the edges, as suggested by the Drug Education for Runaways 14.5 Total ...... 37,967 White House and regrettably by the Emergency Food & Shelter Source: Congressional Budget Office. Democrats’ substitute, is not an ac- (McKinney) ...... 130.0 Overview of Federal health programs for low- ceptable solution. Real welfare reform Emergency Community Serv- income people, November 1994 ices Grants ...... 19.8 must be linked to personal responsibil- [In millions] FY 1995 ity. It must provide incentives for Subtotal ...... 1,574.1 Program Appropriations work instead of dependence, incentives Banking Committee (1 program): Community Health Centers ...... $617 for marriage instead of children born Community Development Grant 4,600.0 Migrant Health Centers ...... 65 out of wedlock, and incentives to get a Judiciary Committee (1 pro- Health Care Services for Home- less ...... 65 good education and save money to buy gram): Legal Services Corpora- a home instead of dropping out of tion ...... 415.0 Health Services for Residents of Public Housing ...... 10 school and remaining in Government- Total (32 Programs) ...... $6,589.1 National Health Service Corps owned housing. Source: Congressional Research Service. Field Program ...... 45 The proposal before the Senate ful- National Health Service Corps fills the commitment—and the pro- Overview of Federal housing programs for low- Recruitment Program ...... 80 income people, November 1994 posal I am talking about is the Dole Rural Health Services Outreach proposal—fulfills the commitment to [In millions] FY 1995 Grants ...... 27 overhaul the welfare system and is the Program Appropriation Maternal & Child Health Block Section 8 ...... $2,800 grant ...... 572 result of important debate among the Public Housing ...... 7,200 Setaside for Special Projects of Senate Republicans in an effort to Section 236 Interest Deduction .... 0 National Significance ...... 101 strengthen our proposal. I believe this S 12780 CONGRESSIONAL RECORD — SENATE September 7, 1995 proposal should enjoy overwhelming how much we will spend.’’ It will not be said how important work requirements support from both Republicans and an open-ended entitlement. are. The Dole bill says 50 percent of the Democrats, as well as the White House. Not so under the Democratic pack- people have to be on work—50 percent The Dole substitute has strong work age. They replace AFDC with a new en- of all people. Under the Daschle pro- requirements to ensure that able-bod- titlement package that actually in- posal, it requires 30 percent of the cash ied welfare recipients find a job. It rec- creases spending. Spending will in- welfare recipients to engage in work- ognizes illegitimacy as a serious na- crease more than $16 billion than pro- related activities by 1997, and 50 per- tional problem and stresses the respon- jected AFDC costs over the next 7 cent by the year 2000. It sounds like it sibility of parenthood. It controls the years, and that is according to the Con- is the same. But as with the time lim- unlimited spending of welfare pro- gressional Budget Office, not just DON its on welfare benefits, these work per- grams by capping spending and consoli- NICKLES or the Republican Policy Com- formance standards are undone by the dating many overlapping programs. mittee. fine print. A substantial number of re- The Dole bill also consolidates 95 The Democratic bill does not impose cipients are excluded when calculating Federal programs in 3 block grants real time limits on welfare benefits. I the work participation rates—mothers with the option for States to request a have heard everybody say, ‘‘Well, we with young children, ill people, teen block grant for food stamps. We may have to have some limits,’’ and I am mothers, those caring for a family have an amendment to include food glad to see they approached time lim- member who is ill or incapacitated. To- stamps in the block-grant proposal, its in the Democratic bill, but they gether, these ‘‘clients,’’ as they are and certainly this Senator will support have exceptions, several pages of ex- now called under the Democratic bill, it. ceptions. make up 25 percent of the adult welfare The Congressional Budget Office As a matter of fact, they talk about population, and they are exempt from scores the Dole proposal as saving ap- a time limit and say, ‘‘Oh, yes, we are the accounting of the 50-percent re- proximately $70 billion over 7 years, going to put a limit of cash payments quirement. while the Democratic package that we of 5 years under the Democrats’ bill,’’ Think of that. We will have a welfare will vote on at 4 o’clock today saves but then if you look at page 3 of the population where 25 percent is now ex- only $21 billion. The bill also makes re- bill, as modified, we have exceptions. empt from the mandate that 50 percent forms in food stamps, housing pro- We have a hardship exception. That have to be at work. Well, if you add grams, child support enforcement, and goes for a page. We have exceptions for that together, that means that when SSI. teen parents. We will not count the the work requirements are fully phased The Dole bill has a real work require- years they are teens. There are excep- in, 62.5 percent of the adult recipients ment. Any able-bodied welfare recipi- tions for child-only cases, and other ex- will not be required to work or even ent will be required to find a job, and ceptions. In other words, this time get job training under the Daschle ap- work means work. Welfare recipients limit has loopholes that can just be ex- proach. That means five-eighths of the will no longer be able to avoid work by panded and expanded. people will not be required to get a job It exempts families that happen to moving from one job training program or go into work training because they reside in an area that has an unem- to the next. States will also be able to are exempt. So the time limits have all ployment rate exceeding 8 percent. require welfare applicants to look for a kinds of exemptions—a big exemption Originally, it was 7.5 percent. That job before even receiving a welfare means you do not have a 5-year time if you live in a high-unemployment check. limit if you happen to live in New York area, a big exemption if you are a teen I have heard my colleagues talk, and City, Washington, DC, Los Angeles, or mother. The work requirements have they have a great title for their bill. It Newark, NJ. A lot of cities, a lot of big exemptions because we excluded a is called the Work First Act of 1995, areas have unemployment rates ex- lot of people—25 percent of the adult and that sounds great. But you need to ceeding 8 percent, so they are exempt population—from that. That is why I look at the details. from the 5-year limitation. look at President Clinton saying, We now have 155 Federal job training Does that fix welfare as we know it? ‘‘What do we want out of welfare? We programs. They do not work. Why do Does that meet President Clinton’s want work requirements and time lim- we have 155? Because in almost every statement, ‘‘We want to end welfare as its.’’ But the bill is riddled with excep- Congress, every time somebody is run- we know it’’? That does not end it. It tions in work requirements and cer- ning for President they say, ‘‘The best means it will be a lifetime annuity if tainly in time limits. It says we want welfare program is a job,’’ so we come you live in a high unemployment area. responsible parenting. So do we. Maybe up with a new jobs program. That makes no sense. we can say we want responsible We did not eliminate any of the old We are going to exempt teenagers. If parenting and make that happen. ones not working, and we stacked on they are 16 years old and have a child Both bills, I might say, have pretty new. We have 155 Federal job training born out of wedlock, we will not count stringent hits on deadbeat or delin- programs. It is ridiculous. Under our the first 3 years and we will start quent dads or parents. So maybe there proposal, we put those together. We ba- counting after that. So they can be on is some commonality in that area. sically have one. Let the States decide for 7 or 8 years. But, Mr. President, my comment is which ones work. Some undoubtedly do Wait a minute. That is not what that we need to pass a welfare bill. I work. I hope so. We are spending a lot President Clinton’s rhetoric was. As a hope that we will pass a bipartisan bill. of money. It certainly does not make matter of fact, President Clinton said I hope our colleagues on the other side, any sense to have 155. That makes no on August 11: after we dispose of this amendment, sense whatsoever. What do we want out of welfare reform? We will look at the proposal Senator DOLE In regard to the substitute before us, want work, we want time limits, we want re- and myself and many other people have many people have said this is a great sponsible parenting. sponsored and be very serious. I know bill, this is going to help people move There is no time limit, not if you live there are a lot of amendments. We need into work. I am afraid—I am going to in an area that has high unemploy- to dispose of them. Maybe we will pass call it the Daschle bill—the Demo- ment. If you are a teenage mother, some and reject some. I hope our col- cratic substitute tinkers with the wel- that time limit is extended substan- leagues that have amendments will fare system instead of rebuilding it. It tially. bring them to the floor. I hope we will proposes to replace AFDC with a big- So I just want to say I have heard consider and dispose of them and, in ger, more expensive package of entitle- many colleagues on the other side the next few days, pass a significant ments. making very laudatory comments on welfare reform bill, one that eliminates Again, I want to underline ‘‘entitle- the Daschle bill. But the more I look, the open-ended entitlement, one that ments.’’ The Republican package says the more exceptions I see. It does not has savings for taxpayers and encour- we want to end welfare as an entitle- look like a welfare reform bill. It is ages work and moves people away from ment; people will not be entitled to re- kind of tinkering on the edges. Federal welfare dependency. ceive welfare. We will have a block- Let us talk about the work require- I think that is a big challenge. We grant approach. We will say, ‘‘This is ment because, again, President Clinton have not done it in decades. It needs to September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12781 be done. The biggest beneficiary—some no added money in the Dole proposal 2,000 acres of public land in Montana people think that Republicans are try- for that purpose. for $5 an acre—roughly $10,000. If the ing to do that so they can save some The Dole proposal also has a number Secretary winds up having to deed the dollars. Some people think this is man- of other shortcomings. For instance, land, and he certainly will under exist- agement, or we are just going to give the Dole proposal shortchanges States ing law, to the Stillwater Mining Co., the authority to the State. I think the in the Sunbelt, such as Arkansas, the next story you read in the Wash- biggest beneficiary of our changes will where immigration is on the increase. ington Post will be that the Secretary be welfare recipients, because we will The bill provides no additional funding of the Interior has deeded 2,000 acres of be making some changes so they will to take care of a recession when the land belonging to the people of this get off the addiction of welfare and number of applicants for welfare grow. country for $10,000 and underneath that they will be able to break away from It seems to me that the proposal is fa- 2,000 acres lies $38 billion worth of plat- the dependency cycle that so many tally flawed in a number of ways. So I inum and palladium. generations and individuals now are am going to strongly support the Mr. President, are these my figures? stuck on. Daschle proposal, which attempts to No, they are the figures presented by So, Mr. President, I think this is one address these issues. Every Member of the Stillwater Mining Co. Mr. Presi- of the most important pieces of legisla- the Senate wants to vote for welfare dent, 21⁄2 years ago, Stillwater said tion this Congress will consider, cer- reform. If you sit around the coffee they did not know whether they could tainly this year. I am hopeful that in shops at home, that is about all they make that pay off or not. They say the next few days we will be successful will talk about. However, we have to there is $38 billion worth of minerals in passing it. reform welfare in a commonsensical under it, but they did not know wheth- Mr. President, I know that our side is manner; not the willy-nilly approach er they could make it pay off. planning on going into a conference. I taken by the Dole proposal. Really? A year ago the Manville see my friend from Arkansas on the It seems to me that we speak loudly, Corp., which had jointly formed the floor. longingly and piously about the chil- Stillwater Mining Co. with Chevron Mr. DEWINE assumed the chair. dren of this country in this debate on bought Chevron out and took Still- Mr. BUMPERS. Mr. President, if I welfare. We overtly or covertly attack water public at roughly $13 a share. may address a question. I understand them in this proposal—the most vul- Last week, Manville sold its remaining that all the time remaining between nerable among our population. Nobody interest in Stillwater to a bunch of in- now and 3:30 belongs to the opponents knows for sure what the answer is. vestors for $110 million plus a 5-percent of the Daschle proposal; is that cor- However, Mr. President, I assure you royalty based on a net smelter return. 1 rect? the answer is not to make children any Not bad for a company that 2 ⁄2 years Mr. NICKLES. That is correct. worse off than they already are. ago said they did not know whether Mr. BUMPERS. I wonder if I can im- Let me just make a point about an- they could make it profitable or not. A year ago, when Stillwater went pose on the generosity of the Senator other kind of welfare. This morning’s public, the stock sold for $13. 1 year from Oklahoma to yield 5 or 10 minutes Washington Post had a story on the later—how I wish I had invested in this to me in opposition to his position. Federal Page indicating that the Sec- one—the stock is worth $23 today. It Mr. NICKLES. I am happy to. I will retary of the Interior yesterday signed had been up to $28. We cannot find the inform my colleague that we were a deed for 110 acres of land belonging to money for child care in the welfare re- planning on actually—we have a cau- the American people to a Danish com- form bill, while, at the same time, we cus going on at this moment that I was pany called Faxe Kalk. What do you deeded away $1 billion yesterday, and hoping to join in. So it is my intention, think the U.S. taxpayers got for that are getting ready to deed away another as I told the Senator from New York, 110 acres of land yesterday? $275—$2.50 $38 billion. to have the Senate stand in recess for an acre. What do you think the cor- Just before the recess, I offered an some period—say until 3 o’clock. I will poration Faxe Kalk got? One billion amendment on the Interior appropria- be happy to give my colleague 5 min- dollars’ worth of a mineral called trav- tions bill to renew a moratorium on utes. ertine. It is an aggregate source used the issuance of patents pursuant to the I yield the Senator from Arkansas 5 to whiten paper. 1872 mining law. However, the Senate minutes. Due to the 1872 mining law, still defeated the amendment 51–46. Instead, Mr. KERREY. Mr. President, can I firmly in place, the taxpayers of this my friend from Idaho offered an ask the Senator from Oklahoma, is he country, who lament the taxes they amendment that would require mining intending to do that and go into recess pay, saw $1 billion worth of their assets companies to pay fair market value for at that point? go down the tube. the surface of the land in the future, Mr. NICKLES. That was my hope. In 1990, Mr. President, I stood exactly but that is just for the surface, not the Mr. KERREY. I wonder if the Senator where I am standing right now and minerals. So instead of paying $275 yes- will entertain a unanimous-consent pleaded with the people of the Senate terday, the Faxe Kalk Corp. for $1 bil- that I speak for 10 minutes after the to impose a moratorium on patenting lion worth would have had to pay Senator from Arkansas and at that under the 1872 mining law which re- $20,000. point we go into recess? quires the Secretary of Interior to deed What a scam. Talk about welfare, Mr. NICKLES. Yes, but I will with- away billions and billions and billions welfare for some of our biggest cor- hold putting the unanimous-consent of dollars worth of gold, platinum, pal- porations, while we beat up on the chil- request. ladium, travertine, whatever, for $2.50 dren of this country and say to the The PRESIDING OFFICER. The Sen- or $5 an acre. I lost that year by two mothers, ‘‘No, we cannot give you child ator from Arkansas is recognized. votes. care for your child so you can go to Mr. BUMPERS. Mr. President, I want Mr. President, I wonder if the Sen- work.’’ to make a couple of observations and ator from Oklahoma will yield 2 addi- Mr. President, I yield the floor. take a slightly different tack on the tional minutes? Mr. KERREY. Mr. President, this issue of welfare than that which has Mr. NICKLES. I yield the Senator amendment unfortunately will prob- been debated. from Arkansas an additional 4 minutes, ably be defeated along party lines. First of all, I am deeply troubled by and at the conclusion of his remarks I I say unfortunately because there is the Dole proposal. I do not see how I yield the Senator from Nebraska 10 a significant amount of enthusiasm in can support it. One of the reasons I minutes. this body to respond to the people’s cannot support it is because there is no Mr. BUMPERS. I thank the Senator. concern about our welfare system and comprehensive plan on child care. Any I stood here and pleaded with this to try to change it. welfare proposal that does not consider body to put a moratorium to stop this The Democratic Party, as people child care is doomed to failure. Women practice, but lost 50–48. have observed and understand, have are not going to work unless they have Four days later, the Stillwater Min- very often had difficulty coming to- someplace that will take care of their ing Co. filed an application with the gether around change. That is not the children during work hours. There is Secretary for patents on approximately case with welfare reform. S 12782 CONGRESSIONAL RECORD — SENATE September 7, 1995 We have spent a great deal of time on sign their own program and encourages cient, effective and, hopefully, humani- this side of the aisle—not defending the States to redesign their infrastructure, tarian fashion as well. status quo—coming up with a proposal to streamline the processes. I yield the floor. that radically alters the status quo It provides incentive for States if the The PRESIDING OFFICER. Who with an attempt to pass legislation States exceed the required job partici- yields time? The Senator from Mon- that will respond to taxpayers who say pation rate. It does not freeze the funds tana. they do not like the current tax. in an inflexible block grant, but it does Mr. BAUCUS. Mr. President, on be- They think we are spending money say the States are required to maintain half of the majority leader, I yield my- with no results, and perhaps worse, some effort. self such time as I may consume. spending money and making the prob- Mr. President, this legislation by it- The PRESIDING OFFICER. Without lem more serious than it currently is self will not solve all the problems. I objection, it is so ordered. to the recipients who do not like the still believe that we need to raise the Mr. BAUCUS. Mr. President, this is a system, since many do not go onto wel- minimum wage. I still believe that we very important subject, welfare reform. fare by choice but are there as a con- need to hold on to the progress that I have approached the debate myself by sequence of divorce or separation and was made with the expansion of the trying to go back to the basics. I think find it difficult to get off once they are earned-income tax credit. all of us have attempted that. That is by asking why we have a welfare sys- on. Perhaps one of the most damaging tem at all, what should it do, and, just Mr. President, even providers today things that is done in the current budg- as important, what should it not do? increasingly are saying they do not et resolution is to reduce the earned- The answers to those questions, I like the current system. income tax credit. This welfare reform think, are simple. The Work First proposal is a serious proposal by itself will not solve all the We now do not have a welfare system attempt to respond to these concerns, problems. an attempt not to reduce the budget just in order to give money to poor Indeed, ideally for me, would be to deficit, but to reduce the rates of pov- people. That is not the point of welfare. pass the Daschle amendment and then erty and increase the self-sufficiency of It is not the point of welfare simply to include thereafter title 7 and title 8 of Americans who are struggling to get give money to poor people. Neither do the Dole proposal, which is essentially out of the ranks of poverty. That is the we have a welfare system to punish and the Kassebaum Work Force Develop- effort that we have before us. humiliate people, especially children, ment Act that consolidates and pro- It changes our system so that we for being poor. The reason we have a vides an awful lot more flexibility to first will have an emphasis on finding welfare system is to help people in a States to make job training programs and keeping a job; second, by providing tough spot get back on their feet and work. It is a very good piece of legisla- the support necessary to find and keep back to work; to promote with compas- tion. It could give the States the kind that job; and third, by providing the sion the values of work, personal re- of flexibility and the power that they States with more flexibility. sponsibility and self-sufficiency we all need to help people acquire the skills Mr. President, I urge citizens to un- share as Americans. necessary to be self-sufficient. derstand that the Daschle amendment The failure of our present system to abolishes AFDC. It replaces it with an I have no doubt that, if we were to meet these goals is a national tragedy. entitlement that is conditional upon pass this amendment—and I hope my It is a top concern of Montanans and of an individual who is able bodied being own skepticism about this current divi- all Americans, and rightly so. It seems willing to work. Those recipients must sion between Republicans and Demo- to me very sad that Congress is ap- sign a parent empowerment contract crats will not be warranted, I hope proaching welfare reform in a polar- that outlines their plan to move them- there will be Republicans who will vote ized, partisan way. After spending sev- selves into the work force, similar to for the Daschle proposal—if it is eral weeks at home listening, talking what many States have already done, passed, taxpayers will like it because to people, I know the American people including my own, the State of Ne- they will be getting their money’s expect better. They expect a serious ef- braska. worth, for a program that provides in- fort to solve a serious problem. And It provides a stimulus to develop the centives for people to work. The recipi- they are right. That is why I have work ethic by moving from an income ents will like it because it strengthens reached out to work with Republicans maintenance program to an employ- child support enforcement, it provides on welfare reform, and it is why I am ment assistance program. a contract that lets them know pre- disappointed to see how little effort the Mr. President, beyond that, this bill cisely what they are supposed to do, majority has made to work with Demo- recognizes that in order to keep that and it offers an alternative approach to crats and how little cooperation there job, individuals, parents, need to have the cycle of poverty and the cycle of is between the administration and the other things. In particular, it makes welfare dependency that many are try- Congress. certain that every single person that is ing to break. If we continue on this course, the moving into the ranks of the employed The people of the State of Nebraska, country will not get welfare reform. It has high-quality, affordable child care. in my recent campaign, indicated will get a partisan bill, maybe a veto, Otherwise, they will not be able to get strongly they want our welfare rules to and ultimately an embarrassing fail- it done. be written so work is given greater pri- ure. So, while we still have time, today Now, there is a tremendous differen- ority than welfare, so it is more attrac- I would like to urge us all to try a bit tial, Mr. President, between the rel- tive than being on welfare. This legis- harder to work better together, to do ative cost of child care for somebody lation responds precisely to that con- what we know is right, listen to the who is in the ranks of the poor and cern. They want the opportunity at the people, and get the job done. that of the people who are not poor. State level and at the local level to be In the past month, I have listened to Above poverty, American families able to design their own programs, and Montanans I meet along the highway. I spend about 9 percent of their income this legislation responds to that con- am walking across my State. I talk to for child care. Below poverty, it is al- cern. people on welfare and people who have most 25 percent of their income. It is not being driven solely by the fought their way off welfare and into This proposal, moreover, says that need to reduce the deficit. There is not jobs, to teachers from Head Start and many Americans are still struggling to an ideological bent to it that says it professionals from State government, try to be able to afford the cost of has to be one way or the other. It is county human service officers, to advo- health care. This extends the 1-year driven by a desire to be able to stand at cates for poor people, and to middle- Medicaid to 2 years and provides a slid- the end of the day and say this thing is class taxpayers who pay for our sys- ing scale. So again, there is a require- working better; that, from the tax- tem. ment of effort for health care. payers’ standpoint, from the bene- As heated as the welfare reform de- Mr. President, this legislation re- ficiaries’ standpoint, and from the pro- bate can be, I have learned that most sponds to States saying that they want viders’ standpoint, we have made our of us have some basic principles in more flexibility. It allows States to de- welfare system operate in a more effi- common. We agree that America needs September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12783 a welfare system, but one which en- child care. It merely gives States the narrow margin of votes. We will get a courages personal responsibility, en- option of exempting families with chil- veto. It will be sustained. And at the courages work and self-sufficiency, lets dren before their first birthday from end of the year, we will have no welfare States like Montana create systems the work participation requirements. reform. that make sense for our own unique We have to do much better. That does not have to happen. We problems, is fair to taxpayers, protects Second, the safety net for families still have time for serious work on a children, and helps keep families to- with children. While we must tell peo- serious problem. We can improve this gether. ple they have to go back to work in a bill, and ultimately get a good, tough, We agree the present system does not reasonable time, we have also to pro- fair reform. I hope my colleagues here achieve these goals. It is broken and it tect them when times are really tough: will join me. needs dramatic change. when a father suddenly leaves a family, Mr. President, I suggest the absence The Federal Government has admin- when a wage-earner is killed or dis- of a quorum. istered our major welfare program, Aid abled in an accident, when a business The PRESIDING OFFICER. The to Families With Dependent Children, closes, and when a young, single moth- clerk will call the roll. or AFDC, since the 1930’s. I think it is er suddenly loses her job. We cannot The legislative clerk proceeded to fair to say that AFDC has failed to live and we must not simply cut away the call the roll. up to these principles, and there is no whole social safety net. Ms. MOSELEY-BRAUN. Mr. Presi- dent, I ask unanimous consent that the reason to reinforce failure. The best So, if the Federal Government is order for the quorum call be rescinded. thing to do now is not to tinker with going to turn the welfare system over The PRESIDING OFFICER. Without the AFDC, or come up with a sub- to the States, we need a guarantee that the States will continue to provide objection, it is so ordered. stitute to it; it is to get the Federal Ms. MOSELEY-BRAUN. I now ask Government out of AFDC, turn it into their part of that safety net. We need a guarantee that, under unanimous consent that I be yielded 10 a block grant, let the States design dif- minutes to speak on the pending legis- ferent plans, come up with their own budget pressures as most of them are, they will not simply take the money lation. ideas and try to learn from one an- The PRESIDING OFFICER. Without other. and eliminate most or all benefits for people who truly need help. objection, it is so ordered. Therefore, it is with some reluctance Ms. MOSELEY-BRAUN. Mr. Presi- I will vote against the alternative pro- The Dole bill does not provide that guarantee. Instead, it merely says that dent, today we begin in earnest to posal by the Democratic leader. It has tackle the issue of welfare reform. In some good points: a time limit, work for 2 years, States must reach 75 per- cent or more of their present level of the next week we will decide if this requirements, a child care program, spending. After that, all bets are off. Congress will pass welfare reform legis- and protection for children. Those are That is not good enough. lation that attacks poverty and aids very important. But the proposal has a Third, the Dole bill contains provi- recipients to become self-sufficient or fundamental flaw. Under the proposal, sions which should not be in a welfare if we give in to the rhetoric, the hot the Federal Government will continue bill at all. All these should be removed. buttons, the slogans, the wedge issues, to administer welfare reform. I believe For example, it turns the Food ignore past economic appearance, and that will continue to cause a problem. Stamp Program into an optional block pass shortsighted and, I daresay, coun- It will continue to write requirements grant that was not in the committee terproductive legislation. for States, and I believe it will perpet- bill. It is in the Dole bill. This is un- To look first at some of the facts and uate a system that has failed. That is necessary, because the Food Stamp to suggest a reality check about this why, on balance, I prefer the welfare Program on the whole works. No doubt debate: There are currently some 14 reform bill offered by Senator DOLE. it can be improved in some ways, but it million people in the United States re- The Dole proposal makes a clean provides our families and children with ceiving aid to families with dependent break with the past. It converts the the food they need. children assistance, known as welfare. welfare program into a block grant, And turning food stamps into a block But, Mr. President, over 9 million of eliminating red tape and giving States grant is also dangerous, because it those people are children. The remain- the flexibility they need to run their threatens the nutrition of poor chil- ing 5 million of those people are adults. own program. And it does some other dren. States could eliminate nutrition So let us be clear what we are talking essential things. It is fair to taxpayers. services completely, which would about at the outset. When we talk It does not require States to adopt the threaten kids’ health. Or they could about welfare reform, we are talking more punitive approaches of the House turn them into cash grants, which about primarily children. Nine million bill, such as making States deny bene- would encourage fraud and abuse by re- of the 14 million people receiving wel- fits to families when they have more cipients. fare are kids; only 5 million are adults. children, or to unwed teenage mothers. In addition, the Dole bill contains a Now, of those adults, of those 5 mil- And by placing a time limit on benefits large and controversial job training lion adults, nearly 4 percent overall— and requiring work, it moves away program. This is a very important these are national numbers—nearly 4 from a program which is based on bene- issue which should be considered on its percent have been designated by the fit checks toward one which is based on own merits, not simply lumped into States—by the States—as incapaci- responsibility and self-help. the welfare bill without debate. tated or physically unable to work. Thus, I hope I will ultimately be able AMERICA NEEDS A BIPARTISAN REFORM Other estimates, Mr. President, which to vote for Senator DOLE’s proposal. Finally, and once again, my most im- include, among other conditions, men- But at this point I believe it has some portant criticism applies to the whole tal illness, substance abuse and the very serious problems. They can be approach Congress has taken to welfare like, put the number of those who are fixed, but we cannot evade them. reform. That is, I believe Congress is incapacitated and unable the work at These problems fall into three main treating this as a political issue rather about 18 percent. So 18 percent of the 5 areas: than a real issue. million people are unable to work. First, failure to provide for child That is wrong. The failure of the wel- That means then that somewhere be- care. First, women and children, the fare system is a serious social problem. tween 4.1 and 4.8 million AFDC recipi- people who receive the big majority of It is a top concern of the public, and ents are able to work, and, Mr. Presi- AFDC benefits, can only go to work if rightly so. It deserves to be more than dent, I agree that they should work. I they have a safe, dependable provider a political hockey puck. do not think there is anyone in this of child care, and child care is expen- But today, we have a Democratic bill Chamber, indeed in this country, who sive. When a mother comes off AFDC, and a Republican bill. Slogans and would deny that those people who can she is likely to start with a pretty low- press releases. All the things that have work should work. On this point I paying job. So, if we expect welfare re- made so many Americans fed up with think there can be absolute consensus. cipients to work, we must offer some politics. The difference, Mr. President, how- help with child care. But, at present, If nothing changes, we will get a par- ever, between the Democratic alter- the Dole bill offers no real help with tisan bill pushed through with a very native, the substitute amendment, and S 12784 CONGRESSIONAL RECORD — SENATE September 7, 1995 the underlying bill, between the Demo- and return back to the welfare rolls. assistance are children, and protecting cratic and the Republican approaches, An individual who is faced with the their future should be the goal of re- is that the Democratic approach, I be- prospect of not being able to afford form. lieve, asks two critical questions that health care may then have to leave One of the fundamental errors and apparently did not occur or at least are work and go back on welfare just to problems with the plan before us right not represented in the leadership bill. have their health needs attended to. now—the Republican plan, the leader- First question: What about the jobs Similarly, a mother, a single mother ship plan—is that the plan ends the 60- and attendant training and education particularly, or single parent faced year-old Federal commitment to pro- for those 4.1 to 4.8 able-bodied adults? with the prospect of leaving their child vide assistance to needy children. And, second, what about the children? alone, underaged child alone, in order States are given the option of leaving Again, 9 million children, what about to go to work will often be forced to children to go homeless and hungry. It them? To me, I believe that the bottom leave the work force and go on welfare is unconscionable to me, Mr. President, line of all of this is to ensure that chil- just to provide for child care. the Senate would ignore the plight of dren are protected. The question we So, the Work First bill, the Demo- children and allow that to happen. should ask ourselves when evaluating cratic alternative, includes those serv- During one of the hearings on welfare any welfare reform proposal is, what ices as a necessary component of wel- reform in the Finance Committee, I about the children? fare reform. The Work First bill not asked a sponsor, frankly, of the Repub- I introduced welfare reform legisla- only guarantees child care for those re- lican bill, who supported the total dis- tion earlier in the year. Every provi- cipients required to work under it; it mantlement of the safety net, ‘‘What sion in that bill, which was developed also expands and provides for the child about the children? What if this bill re- in conjunction and in conversation care development block grant, the ex- sults in children being homeless and with the task force of Illinois resi- isting program that helps low-income hungry?’’ And the response that I got dents, every provision of that bill working families to afford child care. was, ‘‘Well, if that happens, we will sought to improve the condition of As you know, Mr. President, there just have to come back in a couple children through economic opportuni- are a number of people who work but years and fix this.’’ ties for their families and to maintain who need the financial assistance so Mr. President, I submit that we can- a safety net for them. The whole idea is they can put their children into child not be that generous with the suffering to keep families and allow families to care so that they will not be forced of children in this country and that we come together to provide a nurturing back onto welfare rolls. This legisla- ought to start off fixing this problem atmosphere for children and at the tion, the Democratic alternative, pro- now. And that is why I support the same time provide those families with vides for those support services. Daschle alternative. an ability to support those children Mr. President, child care for the while providing a safety net for those working poor is critical. It can often CHILD CARE children. I believe that the Democratic make the difference between a working Under the Dole bill, work require- Work First bill, also known as the parent and a parent receiving welfare. ments and participation rates are in- Daschle substitute, builds on those In Illinois alone, in my State, we cur- creased but funding for child care is principles of support for families, sup- rently have a waiting list—a waiting not. Illinois alone will have to increase port for children, and an emphasis on list, Mr. President—of some 30,000 chil- child care by 383 percent to meet the work. dren, 30,000 kids, children, who need to work requirements in the Dole bill. The Daschle plan, the Democratic have slots in day care for which there Funding for recipients required to plan, includes all of the components are no slots available. The Democratic work will siphon off dollars from low necessary for successful welfare re- leadership recognizes that moving from income families. In a State that al- form. It is tough on work, including a welfare to work requires an upfront in- ready has a waiting list of 30,000, the guarantee of necessary support services vestment, and it has to be an invest- impact of the Dole bill could be dev- like child care and provides funding for ment that goes to the benefit of the astating. job creation, and above all, it protects children. This is a misguided approach if the children. That is the reason that I have The Work First bill provides ade- aim of reform is long term self-suffi- joined in cosponsoring the Democratic quate funding so the recipients will ciency. plan and support it wholeheartedly. have a real opportunity to move from JOB CREATION First, the Democratic bill provides welfare and into the private-sector that critical safety net for children. work force. And that is why I would en- On the jobs issue the Dole bill is si- Our bill ensures that no child will go courage all of my colleagues to take a lent. There is no recognition that job hungry or homeless due to the behavior good look at the leadership bill and en- creation and economic development of his or her parents. It affirms the courage their support of it, because are critical to communities that are Federal and State commitment to aid- only by providing support for child plagued by both high unemployment ing poor children. And in that regard, care will we be able to accomplish real and high poverty rates. Mr. President, I would point out that welfare reform. The bill assumes that recipients will in this country right now some 24 per- The Democratic plan recognizes no be able to find jobs after the 5-year cent, estimated 24 percent, of the chil- matter how skilled a recipient, if there time limit, which could be less at a dren in America fall below the poverty are no jobs or not enough jobs in the State’s option, but does not provide level. The highest level of child pov- community, there still can be no work. funding for job creation or provide ade- erty in the industrialized world is in Again, this job creation is another quate funding for support services that America today. I, therefore, think that major element that has to be part of will aid recipients to obtain and keep we cannot approach the issue of wel- any real welfare reform. This bill, the private sector jobs. In many poor com- fare reform without addressing the Democratic bill, the Daschle bill, pro- munities jobs do not exist and those question of child poverty, and address- vides funding for community-based in- that are available are not easily acces- ing the question of child poverty has to stitutions that invest in business en- sible. This bill buys into the ‘‘Field of take place in a Federal, State, and terprises and therefore helps to create Dreams’’ theme of: If you kick them off local collaborative and cooperative ar- new private-sector jobs for low-income they will work. rangement. persons, which then will help us to re- In many poor areas in Chicago, un- Second, Mr. President, the Demo- vitalize poor, underserved communities employment is between 20 and 40 per- cratic alternative, the Work First bill, and help us diminish the reliance on cent. 80 percent of black youth between includes critical support services such and the need for welfare. the ages of 16 and 19 are unemployed in as child care and health care. We know Mr. President, the Republican leader- Chicago and 55 percent of the 20 to 24 from past experience that the lack of ship bill falls short in the areas that I year-olds are out of work. It will be child care and health care causes many have just mentioned: work, child care, nearly impossible to move recipients poor people, many recipients, former job creation. And above all, it fails into permanent private sector jobs if recipients, to go back into transition children. Two-thirds of those receiving there is no effort to create jobs. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12785 Under the Dole bill States will have We live in one of the richest coun- continued their AFDC checks. They to increase the number of persons par- tries in the world, we have a $7 trillion could not be cut off, as we understand ticipating in work-job preparation ac- economy and a $1.2 trillion Federal in Missouri the requirements of AFDC, tivities by over 161 percent by the year budget, and yet we lag behind every even though they failed drug tests. 2000. To use my State as an example: other industrial nation in child pov- As I see it, if this is the effect of ex- Illinois will receive $444 million less in erty. Yesterday, this body voted to isting law or the Daschle amendment, AFDC funds, but will be required to in- give the Department of Defense $7 bil- then there would be an incentive for crease by 122 percent the number of re- lion more than they asked for. Clearly, people who wanted to stay on AFDC cipients participating in work-job prep- we have the wherewithal to do better simply to take drugs to prevent them aration activities. by this Nation’s children. What this from passing a drug test. This will be a tremendous burden on next week will show is whether or not I invite Members who are supporting Illinois. Our current caseload exceeds we have the will. the Daschle amendment to tell me if 700,000 people and 64 percent of the en- The PRESIDING OFFICER. The Sen- those two very important requirements tire caseload resides in one county. In ator’s time has expired. would be changed under the Daschle the year 2000, Illinois will be forced to Ms. MOSELEY-BRAUN. I will con- amendment. use 73 percent of its block grant alloca- tinue to express myself on this subject I thank the Chair, and I thank my tion to meet the Dole bill require- in the coming hours of this debate. colleague from Pennsylvania. ments. That leaves almost no funding Thank you. The PRESIDING OFFICER. Who for cash assistance or other programs The PRESIDING OFFICER. Who yields time? Mr. SANTORUM. I yield such time as supporting family stability. In addi- yields time? he may consume to the Senator from tion, the State and the city of Chicago Mr. SANTORUM. Mr. President, I yield 3 minutes to the Senator from Colorado. will have to create tens of thousands of The PRESIDING OFFICER. The Sen- Missouri. jobs to absorb former welfare recipi- ator from Colorado is recognized. ents who will have reached the 5-year The PRESIDING OFFICER (Mr. Mr. BROWN. Mr. President, I want to time limit. ABRAHAM). The Senator from Missouri. thank the Senator from Pennsylvania. UNFUNDED MANDATE Mr. BOND. Mr. President, I thank the I rise in strong support of the welfare What this means is States and local- distinguished Senator from Pennsylva- reform effort and to express several ities will be forced to pick up the tab, nia. I want to raise a question for my concerns about the effort to amend it, which means the cost will be passed colleagues on the other side of the aisle which is before the body now. First of along to all of us through higher State as to whether the proposed Daschle all, a very distinguished Member has and local taxes. amendment would deal with a very dis- just noted her, I know, genuine concern This leads me to my last point—the turbing situation we found in the State that families could be cut off without Dole will is an unfunded mandate. of Missouri. assistance. Let me assure her and other Welfare reform is not easy and it is Under the current law, and this is Members who may be listening to this not cheap. What we have learned from one of the reasons people are going debate that this bill is not about cut- successful State experiments like those nuts with welfare today, we have had ting people off who are genuinely in in Michigan and Wisconsin—is that an innovative program in Sedalia, MO, need and genuinely in need of help. As moving recipients into jobs can be done where the president pro tempore of the a matter of fact, what this bill does is but it is expensive, labor intensive, and Missouri State Senate worked with the continue the program in a significant time consuming. Division of Family Services, which ad- fashion. What it does do that is dif- Even Tommy Thompson, Governor of ministers AFDC, to try to find employ- ferent, in its main point, is give States Wisconsin, acknowledges the need for ees for a major employer coming to the the discretion to run that program, and an initial investment. He has stated Sedalia area, bringing 1,500 to 1,600 it has some big differences in this area. that ‘‘every time you change a system jobs. The first and biggest difference is you are going to have an up-front in- They had the very simple idea that if that we take money that is now sent to vestment, more transportation, more they would bring qualified AFDC re- the Federal bureaucracy to administer job training, more day care. And those cipients to the employer, then they this program and put that money into who think that you can just change the might help solve the problems of the programs to help the needy and help system from one based on dependency, people who did not have jobs and meet the State level administer the pro- where you receive a welfare check once the needs of the employer for workers. gram. a month, to one in which you require They sent over a number of workers. What we are doing with this effort is people to go to work, are going to be Some of the workers have accepted em- saying that it is no longer going to be sadly mistaken when you first start ployment, and the system seems to be a Federal bureaucracy that dictates to the program. Because there is an up- working very well for them. Some of the States and the counties how to run front investment.’’ them chose to find other jobs because their programs. We are going to give In order to meet the work and child they did not like this employer, and many of the decisions and administra- care costs associated with the Repub- that is a good result. Those two classes tion of programs to people on the line, lican bill, States will have to spend an of people found work. and the resources of the program will additional $16.7 billion. That is a very A third class of people was turned be diverted away from the bureaucracy large unfunded mandate. down for jobs. They continued to re- toward those people in need and toward It is no wonder that the Congres- ceive AFDC. Another class of workers those people who actually run the pro- sional Budget Office has predicted who refused to show up for jobs could gram. It does make a difference. It puts States won’t be able to meet the work be cut off, but they could only be cut more resources in the hands of the peo- and child care requirements in the Dole off of the AFDC rolls for 2 months— ple who can make a difference and help bill. It is easy to see why CBO assumes jobs for which they were qualified, well those in need. that 44 States will be unable to meet above the minimum wage, and they The second thing it does, I think, the bill’s requirements, preferring to were cut off, but they could only be cut that is so important and why I think it risk penalties instead. off for 2 months. would be a mistake to turn back to the CONCLUSION No. 1, would that restriction con- past is this: In the past, we have pre- We all want reform so that the wel- tinue under the proposed Daschle cluded people from being able to de- fare system works better. But we must amendment? velop effective, viable programs on the keep in mind that the system serves No. 2, and this is probably the most local level. I will simply give an exam- real people—the majority of whom are troubling part, two of the AFDC recipi- ple in Colorado. My own county, Weld children. Welfare should not be a wedge ents who went to the employer failed County, had a program that had the issue—it is a people issue. the mandatory drug test. Since they impact of reducing welfare rolls by a The Work First plan provides a real failed the mandatory drug test, they substantial amount during the first solution to the problems of poverty; were not offered jobs. They went back month of operation. It was an experi- the Republican plan ignores poverty. to the Division of Family Services and mental program. S 12786 CONGRESSIONAL RECORD — SENATE September 7, 1995 It ended up with a substantial num- I think most Members of the House ganization, a new department, or new ber of people having viable, substantive and the Senate would be surprised if bureaucracy. jobs that improved their lot in life and they knew those measures were in it. I Mr. SANTORUM. If I own a company, set them on the path toward getting remember the battle very well, because a small business, and I want to hire a out of poverty. It was one focused on I was in a position of the ranking Re- welfare recipient, they cannot refer job placement and opportunity, not publican on the Ways and Means Com- that person unless it is a newly created subsistence and welfare. mittee that worked on that. There job? Those who truly needed the assist- were three provisions added to the bill Mr. BROWN. They can if it is a pri- ance got it, but those who had the abil- in the House that restricted referrals vate company. But they cannot with ity to work and the desire to work were to work. regard to a city or State job. delighted to have the opportunity to One, the most damaging, literally Mr. SANTORUM. A city or State job. work, and that is what the program says that a State may not refer some- If you have a job available in the high- did. one to a job in the municipal govern- way department holding a sign up—we What happened to that program? It ment or State government unless that have all seen that—and you want to was shut down, and it was shut down job is an entirely new program. In refer a welfare recipient to that job, because it did not satisfy the demands other words, if they simply just have a you cannot do that today; is that of the Federal bureaucrats that ruled. vacancy in a program where they have right? That is what this bill is all about. a real job that performs real services Mr. BROWN. Under today’s law, you This is about giving your local coun- for real pay and you have a welfare re- could not. ties and cities and States the ability to cipient who is able to fill that job, they Mr. SANTORUM. Under the Daschle design programs that really work. If are not allowed to put that welfare re- proposal, could you refer that person? you believe Washington has all the an- cipient to work in that job. Mr. BROWN. My understanding is— swers, you will not want to do that. If What it has done is sabotage much of and perhaps Members will correct me if you believe in centralized planning and the efforts to turn this program I am wrong—in that amendment, they decisionmaking in the few hands of around. You can look in the Green do not fully change that prohibition. people in Washington, DC, that they Book that catalogs the welfare pro- On its face the amendment appears to can make a better decision than the grams. If you will look at the rhetoric repeal the prohibition, but it in fact people on the line, why, you want to of the 1988 bill, the line was that we continues it in a more subtle form. oppose the Dole amendment, you want have required either work or education Mr. SANTORUM. ‘‘Where are the to oppose the Republican proposal. or training, the emphasis being on jobs,’’ I hear. We are not allowed to What is at stake in this measure is the work. But when you look at the re- refer them to the jobs. Under our bill, ability to give the States and the cities sults, what we find is that only 4 per- we would create the opportunity for and the communities where these pro- cent of the people on welfare in the those referrals. Under their bill, they grams are run the ability to change JOBS Program are in a job or work ac- prohibit job placements. welfare. tivity. What you literally have done is Mr. BROWN. They keep in place a I do not think there is anyone in this create a program that was sabotaged major impediment to placing men and Chamber who would come forward and by that prohibition on work. women on those jobs. say they are proud of the results of the Now, Mr. President, the major focus Ms. MOSELEY-BRAUN. Would the war on poverty. Men and women, of the Dole amendment and the Repub- Senator like a response? Democrats and Republicans, liberal lican bill that has come out of commit- Mr. BROWN. Yes. and conservatives all look at the num- tee, the No. 1 item that I think has Ms. MOSELEY-BRAUN. The Daschle bers and they know that the number of value over and above everything else, Work First provision says that you people in poverty has gone up under is the repeal of the prohibition on cannot fire an individual who is work- the war on poverty, not down. They work; the repeal of that statute that ing in order to replace that worker know that in spite of spending hun- makes it illegal to refer welfare recipi- with someone currently receiving pub- dreds of billions of dollars, literally ents to existing job openings. It is a lic assistance. That is correct. So your trillions of dollars since the war on tragic mistake that was incorporated reference to a new job means the job is poverty started, that poverty is a big- into our laws in 1988. It is a tragic mis- not currently held by a worker, a per- ger problem today than it was when it take that has sabotaged our efforts to son already in the private work force. started. Part of it is because the kind help those who are poor among us turn Mr. BROWN. I appreciate that. Let of programs we designed have made their lives around. Tragically, the me say I agree with the Senator that people dependent on Government in- amendment before us does not fully somebody should not be fired to be re- stead of being designed to help make correct that error. In other words, if placed by a welfare recipient. But the them independent and give them oppor- you vote for the Daschle amendment, statute on the books now—and that is tunity. That is what this bill is all you will be voting to continue some of repealed by the committee proposal—is about. the prohibitions on work. one that makes it illegal to refer some- To go back to central planning, I Right now, the Finance Committee one to an existing opening. Now, the think, would be a mistake, and that is bill, and the Dole amendment, repeal purpose of that might be to protect why this bill is a good one, because it the prohibitions on work. If you wipe somebody from being fired—I have no gives broader decisionmaking to a those out with this weaker amend- problem with that—so that you could greater number of people and gives ment, you wipe out the major tool that replace them with a welfare recipient. flexibility to the States. It redirects I think can turn the welfare system I assume the concern is it might cost the resources so that more of it goes to around. less. I have no problem with that. the recipients and the people who run Mr. SANTORUM. Will the Senator I have a problem with the tragedy the program and less to bureaucrats. yield for a question? that has occurred since 1988, and that Third, Mr. President, I want to make Mr. BROWN. Yes. is prohibiting people from being re- a point I think is very important when Mr. SANTORUM. I want to make ferred to those jobs which are normally people cast their vote on the amend- sure I am clear on this. In current law, open, saying the only ones you can ment that is going to be before us. One the Senator is suggesting that if there refer them to are brand new agencies of the things that sabotaged welfare re- is a job opening which a welfare recipi- or bureaucracies. That is the basic con- form in 1988 was some amendments ent could qualify to do, and someone cern I have about the amendment be- that were added at the last minute. wants to hire the welfare recipient in a fore us, which I believe is the No. 1 Those amendments involved an effort work program for that position, they item that was a problem with the 1988 to outlaw referrals to work. I know cannot refer that person for the job; is bill. most Members are going to say, ‘‘What, that correct? I will mention that I offered an making it illegal to refer people to Mr. BROWN. The statute is very amendment on the floor of the House work?’’ But that is literally what the clear. They cannot refer them to it un- to instruct the conferees to repeal from law did. less it is an entirely new job, a new or- the bill those prohibitions on work. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12787 That measure passed by a large major- our communities to take a hand in run- part of a collective bargaining agree- ity in the House of Representatives at ning and designing these programs. ment, you cannot fill that. Any union- the time. It was a measure that, unfor- Pueblo County in Colorado designed an ized employee whose position is vacant tunately, though, the conference com- outstanding program that showed su- cannot be filled by a welfare recipient. mittee in 1988 chose to retain in the perb results. Unfortunately, it was shut This is a blatant bow to organized bill, and it has had continuing dev- down by Federal regulators because it labor, saying we will not take that per- astating affects on the abilities of did not fit their idea of what would son who holds that sign on the con- young men and women to turn their work and what would not work. I know struction project that says ‘‘stop’’ and lives around from poverty. San Diego County in California has ‘‘slow,’’ that is in most cases a con- It seems to me that what we ought to done a number of experiments that tracted service, an existing contract be doing with the welfare reform bill is were successful in helping people turn for service; that is a position that is looking for ways to help people get out their lives around. Unfortunately, they filled by the contractor for the State of poverty, instead of having a program could not be continued because they government and cannot be filled by a that keeps people in poverty. What we did not fit the Federal role model and welfare recipient; someone who works have done to people under the existing guides. in the State bureaucracy, who is a program is create a program that We have seen Jefferson County in member of a union. I imagine you makes it very difficult to get out of Colorado come forward with a very pro- could do this if you became a union poverty, to leave it, to turn their way gressive program. I am proud to say member and got off welfare, but if you of life around. What we have done in that I think many of the bills talked are in a work program, you cannot fill some States is create a level so people about here will give them the flexibil- that job. You cannot be referred for have to take a pay cut if they go to get ity to move ahead with that. But part that job under the Daschle-Breaux po- a job. Tragically, sometimes the bu- of this is understanding that central sition. reaucracy in these areas has chosen planning, centralization of decisions, It is a fancier way of saying—I know not to refer people to baseline jobs, be- centralization and controlling all wel- they were very uncomfortable with ginning jobs. fare programs, does not work. The coming out and saying we do not want The Denver welfare office, which I package that has been put together to allow people to be referred, because have visited several times, is a large since the war on poverty began has in- I got a lot of heat on that, but this is office that employs over 1,000 people creased poverty, not reduced it. It has a backdoor way of accomplishing the working on welfare-related programs reduced opportunity for people. So we same thing. at one location. Obviously, Denver is have an opportunity, in this next week, So I think we should tell it like it is. not as big as many of the cities rep- to pass what I think will be the single It is very clear here that almost all resented here on this floor right now. most important bill we will consider in city and State jobs, which are almost But the attitude, tragically, in many of this session of Congress, and that is all unionized jobs with the exception of those areas is that you should not start one of changing welfare, changing it political appointments, what we are at some of the basic jobs, that you from a program that locks people into talking about here is not allowing to should only refer people to jobs that poverty to a program that is designed replace vacancies. start at $8 or $9 an hour, or $10 an hour. to help people out of poverty. I think that is, as the Senator from Mr. President, let me mention that I I yield the floor. Colorado very eloquently stated, one of think it is terribly important for peo- Mr. SANTORUM. Mr. President, I the biggest impediments to moving ple to understand that the way you do yield myself such time as I may use. I people off welfare into jobs in which well in our economy is you start off on thank the Senator from Colorado for they can later become productive, is the ladder, and you climb it rung by his excellent remarks. I thank him for this prohibition. It remains in the rung by rung. You do not start off at the great work he has done on not only Daschle bill. I think it is a serious flaw the top. You do start off and work your this legislation but really in getting us in the legislation. way up by doing a good job in each re- here. He mentioned that he has been Ms. MOSELEY-BRAUN. Will the Sen- sponsibility that you have. One of the the ranking member on the Sub- ator yield? things I did while in high school was committee on Human Resources of the Mr. SANTORUM. I am happy to yield work 40 hours a week. I worked as a House Ways and Means Committee, to the Senator. gardener, a busboy, and a janitor. which is a position I was fortunate Ms. MOSELEY-BRAUN. Section 486 Those jobs were jobs that helped me enough to serve in for 2 years. I know of the bill does provide for the place- get better jobs. I think around this on that committee he worked to set a ment of people in employment. I wish country, what men and women find is lot of groundwork for us to work on to correct the statement. I hope the an opportunity—work means an oppor- welfare reform that we did in the misimpression that was given that the tunity for them to improve their way House, which became H.R. 4, that Daschle substitute prohibits people of life. passed, and added tremendously, even from being placed in public-sector em- What we have had is a welfare pro- in last year’s debate, by introducing ployment—it does not prohibit welfare gram in the past that has sought to his own bill last session to reform the recipients from being placed in public- isolate people from an opportunity to welfare system and again move the ball sector employment. What it does pro- get started. What we need more than forward on this subject. vide, as the Senator correctly noted, is anything else in the way of welfare re- I want to pick up on this issue of that it has to be done according to the form is a program that understands its worker displacement because I do not rules, and the rules which are collec- purpose and its function, and its focus think we got the full answer. I am tive bargaining agreements and others. ought to be to help people get out of reading from the bill, section 485 of the It does not prohibit the placement of poverty, not keep them in it. It ought bill. Subsection (C) talks about welfare recipient in the public sector. to be one that has a different image of nondisplacement. Mr. SANTORUM. Reclaiming my people. It ought to recognize that some ‘‘In general, no funds provided under time, it did not, except there are no people do need help, and we will pro- this Act shall be used in a manner that public-sector jobs other than the jobs vide that. But many people want, more would result in the displacement of any we are talking about in which you than anything else, an opportunity. currently employed worker’’—I accept could be placed. It sort of is giving They want, more than anything else, a that as meaning maybe someone who with one and taking away with the way to find a job, to prepare for the would be fired—‘‘or the impairment of other. The end result, there will not be skills, and help to begin that process. existing contracts for services or col- public-sector jobs the welfare recipi- I am proud that in the welfare reform lective bargaining agreements.’’ ents will be referred to. That is a very bill that came out of the Finance Com- Well, what does that mean? It means serious flaw in this amendment that is mittee, there are many ingredients that if you have any position that is a being put forward by the Democratic that I think will help turn this around. part of a collective bargaining agree- leader. The biggest one, other than repealing ment or contracted service, which just I am happy to yield 10 minutes to the the prohibition on work, is allowing about every city and State position is Senator from Virginia. S 12788 CONGRESSIONAL RECORD — SENATE September 7, 1995 The PRESIDING OFFICER. There social policy. We have to restructure tion, I have some serious concerns are 4 minutes remaining on the side of our welfare system to foster greater about the alternative plan offered by the Senator from Pennsylvania and 2 upward mobility, to reconnect the poor the Majority Leader. minutes remaining on the Daschle side. to the mainstream job market, to re- First, it guarantees neither adequate Mr. ROBB. Mr. President, I ask unan- ward self-discipline and hard work, to child care nor extended health benefits. imous-consent that I be recognized for encourage families to stay together, How can we require poor women to go 12 minutes to speak on the bill. and to restore to the poor and the dis- to work without ensuring that their The PRESIDING OFFICER. Accord- possessed both the benefits and the ob- young children are watched over and ing to the unanimous-consent agree- ligations of citizenship. protected? ment, at 3:30 there is to be 15 minutes I believe the Work First plan meets Second, CBO estimates that States available to the Democratic leader fol- those objectives. will need to collectively spend an addi- lowed by 15 minutes available to the With a 2-year time limit on benefits tional $5 billion by the year 2000—$5 majority leader. for adults—and a 5-year lifetime billion above what they are paying Mr. SANTORUM. I am happy to yield limit—this bill transforms welfare into now—to meet the work requirements the remaining 4 minutes on the Repub- the short-term safety net it was meant in the alternative bill. Where will lican side to the Senator from Virginia to be. It contains the funding necessary States get that $5 billion, Mr. Presi- and he can use the remaining time. to allow an individual to both sustain a dent, if federal block grants are frozen Mr. ROBB. I ask that I be recognized family in the short-term and secure for 5 years at current levels? And what until such time as the leaders come to and keep a job in the longer term. That is more vitally important to success- reclaim the time under the unanimous- is the definition of real welfare reform, fully improving our welfare system consent agreement. Mr. President. than effectively moving people into The PRESIDING OFFICER. Without In reality, single mothers need child jobs? objection, it is so ordered. care to work, and the Work First plan Finally, Mr. President, I am con- Mr. ROBB. Thank you, Mr. President. guarantees that child care. In reality, cerned that the alternative bill fails to Mr. President, I rise today in support families need extended Medicaid cov- require States to continue to contrib- of the Work First plan offered by our erage to bridge the gap created by ute their historic share. Democratic leader, Senator DASCHLE. I entry-level jobs with little or no bene- As a former Governor, I know that am pleased to be an original cosponsor fits—and the Work First plan makes reduced State support could mean fi- of this important legislation because I Medicaid available for an additional 12 nancial disaster for many cities and believe it both establishes firm bound- months. counties. On June l5, the U.S. Con- By addressing the practical obstacles aries to combat welfare dependency ference of Mayors unanimously adopt- to independence which so many poor and provides beneficiaries with genuine ed a resolution opposing the Senate Fi- families encounter today, the Work economic opportunity. nance Committee bill and endorsing First plan provides incentives to shat- George Bernard Shaw once said, ‘‘The the Work First plan, stating that it ter current barriers and allow individ- greatest of our evils and the worst of would ‘‘provide significantly greater our crimes is poverty.’’ uals to move up the economic ladder. And very importantly, Mr. President, assistance—to facilitate the transition And it is unconscionable, Mr. Presi- those who cannot find a private sector from welfare to work.’’ dent, that in America today we have job under the Work First plan are put The transition from welfare to nearly l6 million children living in pov- to work as well, either through work—that is our goal. That is the pur- erty. In l993, almost 30 percent of all workfare or community service. In pose, the spirit, the driving force be- children under age 3 lived in poverty fact, within 7 years of enactment, hind the Work First plan. and almost 50 percent of all African- nonexempt individuals are required to Mr. President, every time a welfare American children were poor. participate in community service jobs recipient earns a living wage, at least Between l989 and l993, the number of just 6 months after joining the welfare one more child in America moves out children receiving food stamps in- rolls. of poverty. creased more than 50 percent and in Two years ago, Mr. President, I Every time a welfare recipient earns l994 25 percent of our Nation’s homeless joined our former colleague from Okla- a living wage, at least one more child were children under 18. homa, Senator BOREN, in supporting in America sees their role model go to For the world’s greatest democracy legislation similar to the old Works work in the morning, earn a salary, (where the value and the freedoms in- Progress Act, which placed into public pay their bills, believe a little more in herent in each individual citizen are service jobs AFDC recipients who had their own ability and their self-worth, unparalleled anywhere on earth) these completed the JOBS Program and still and live in a world that is infinitely statistics portray both a moral di- remained unemployed. Requiring that stronger because they contribute to it. lemma and an economic burden of those individuals work for their bene- And every time a welfare recipient enormous consequence. fits appeals to my sense of what the earns a living wage, at least one more We have not only an obligation to shared contract between a society and child in America escapes from what improve the quality of life of genera- its people should encompass. could become a cycle of dependency tions of innocent children shadowed by Only by providing useful work—and and hopelessness that is inherently poverty, but also a responsibility to the values and discipline associated unAmerican—and for which we have an our taxpayers to both improve our wel- with work—can we offer the poor and obligation today to begin to break. fare system and to reduce the billions the disadvantaged a permanent way The moment, Mr. President, is before of dollars in lost productivity incurred out of poverty. I believe everyone bene- us. We have an opportunity—indeed, a each year as a result of current poverty fits from the sense of self-worth that responsibility—to help many of our levels. earning wages and contributing to his most vulnerable people better attain Mr. President, there are infrequent or her community engenders. the priceless gift of economic freedom. moments in time where constructive When we require beneficiaries to And we will make our country stronger and meaningful solutions can be found work we give them job experience—job in the future. to otherwise intractable problems. I experience that can open doors and This does not have to be a partisan honestly believe we have before us such bridge the gap between dependency and battle, Mr. President. Rather, it should a moment, and I hope we do not let genuine economic opportunity. be a bipartisan effort to identify tough, this opportunity slip from our grasp. The Work First plan is tough medi- effective solutions. At a minimum, we do not want to let cine, Mr. President, but I believe it es- As Franklin Roosevelt said during politics, or public opinion polls, or tablishes a pragmatic, compassionate his second inaugural address, ‘‘In every fears of 30-second sound bites on the process to lift many of our poor citi- land there are always at work forces evening news prevent us from doing zens out of poverty and into the eco- that drive men apart and forces that what is right. nomic mainstream. draw men together. In our personal And to do what is right, Mr. Presi- And while I believe the Work First ambitions we are individuals. But in dent, we have to rethink our Nation’s plan moves us firmly in the right direc- our seeking for economic and political September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12789 progress as a Nation, we all go up, or sistance only get it if they are eligible, care benefits. One of her children had a else we all go down, as one people and only if they meet their responsibil- preexisting medical condition, so medi- * * *.’’ ities. It is a time limited and condi- cal care was a necessity. The cost of I urge my colleagues on both sides of tional eligibility. For the needy, assist- child care for the two children was the aisle to join together in support of ance is there, but only if they do what making it impossible for both her and the Work First amendment. is necessary to get to work. No longer her husband to continue to work, and Mr. BRYAN. Mr. President, as an can welfare assistance become a life- still have enough earned income left to original cosponsor of the Democrats’ style. live on. Here is a couple trying to make Work First welfare reform plan, I urge Work First provides States with the it on their own, and they cannot. my colleagues to join us in supporting incentive to create welfare systems Work First recognizes the vital im- this proposal. Welfare reform needs to that will put people to work as soon as portance of child care assistance to be done now. possible. If a State does not meet its help welfare recipients get off welfare Work First does what all of us want target for putting welfare recipients to and get to work. It also recognizes that to do—it requires people receiving wel- work, it is penalized. If a State exceeds the many working poor, like the family fare to get to work as quickly as pos- the target, it is rewarded through a I just described, also need child care sible. It does this while also protecting funding bonus. help—for awhile—to enable them to those children at risk and dependent Work First, unlike the Republican stay in the workforce. upon the welfare assistance system proposal, does not use the block grant The Republican welfare reform pro- through no action on their part. approach. As a former Governor, I very posal, however, deals with this issue by This spring, I came to the Senate much understand the attraction of repealing child care assistance pro- floor to discuss the need to reform our block grants for Governors and their grams which today serve approxi- welfare system. I related what I had States. Quite often it can be a better mately 640,000 children. There is no learned after spending an entire morn- approach. guarantee that any State will provide ing at one of the busiest welfare offices But the notion that somehow block funds to implement a child care assist- in Las Vegas, the West Owens District grants are, in and of themselves, the ance program. Welfare Office, observing an eligibility answer to every problem we have with If it is truly our goal to get people determination interview, and meeting the current welfare program is dis- into the workforce permanently, then with welfare eligibility workers. I later ingenuous. Particularly when the Re- we must give these people the help—for also visited a welfare office in Reno. publican block grant proposal asks a limited time—that will enable them The need for extensive and immediate States to do more with less. to get there. Repealing the very pro- reform of the current welfare system If States are deprived of the funding grams that provide this assistance is was brought home to me most vividly necessary to do the job the Federal not the answer. during these visits. I believe Work This June, I introduced my Child Government is sending to them First gets us to that needed reform. Support Enforcement Act legislation through a block grant, all of the flexi- The Work First alternative is self-ex- modified from my bill last Congress to bility in the world will not enable the planatory. It puts the focus of the wel- help further strengthen our ability to States to do the job—let alone do it fare assistance program where it must get dead beat parents to responsibly better. be—on getting people to work as quick- provide for their children. I am pleased Under the Republican proposal, all ly as possible. All able-bodied recipi- Work First includes many of the same States are held to their fiscal year 1994 ents go to work immediately. Those provisions. who work receive the help they need to cash assistance level of Federal fund- No one who shares the responsibility get on their feet—they get an addi- ing for the next 5 years. How can rap- for bringing children into this world tional year of Medicaid health care idly growing States like Nevada pos- should be allowed to shirk that respon- coverage, and they get child care as- sibly provide for their increasing num- sibility later by refusing to admit pa- sistance. And for the working poor, ber of people in need based on yester- ternity or by failing to pay child sup- those trying to go it on their own, they day’s funding levels? And into the next port. get a 5-year child care phase-in to help 5 years? We all lament the increasing number ensure they can permanently join the And how does the block grant pro- of unwed teenage girls who have chil- work force. posal help States face economic reces- dren. This situation is particularly dis- Work First does this, while at the sions? Economic slowdowns impact heartening when these young mothers same time showing compassion for welfare assistance programs imme- are themselves mere children. But too those in dire straits, and for those chil- diately. Working families lose their often in the past, our public policies to dren who are at risk. It is too easy to jobs through no fault of their own, and try to stem this increase have focused forget in the heat of debate on this it can be a long time before a job is solely on the mother and ignored the very important issue that there are available again. These people need responsibility of the father. Those fa- people, and particularly children help. And yet Nevada and the other thers, who many times have already throughout this Nation who des- States are expected to provide for these walked away before their children are perately, and very legitimately need people on an already inadequate level even born, must face the reality of welfare assistance. We want a welfare of Federal funding. their parental and financial respon- assistance system that will be there for Work First also recognizes that the sibilities. those truly in need, yet ensures that inability to pay for child care is a Although Nevada is the fastest grow- they get on their own two feet as major hurdle for the many single ing State in the Nation, its population quickly as possible. mothers with children who want to is comparatively small with about 1.6 My State of Nevada is the fastest work. It is also a problem for low-in- million people. Yet its State Child Sup- growing State in the Nation. Rapid come working couples who are at risk port Enforcement Program had 66,385 growth States like Nevada benefit tre- of losing their jobs because they can- cases in fiscal year 1994, and collected mendously from the current entitle- not afford to pay child care on the $62.7 million of child support. Unfortu- ment status of the Federal welfare as- wages they receive. nately, the total owed was almost $352 sistance system. Today, if a person Earlier this year, I observed a welfare million, leaving an uncollected balance meets the eligibility criteria, he or she eligibility determination interview of almost $290 million. Already by is entitled to assistance. The entitle- which involved a young woman, who April this year, Nevada’s caseload had ment protects States like Nevada was working, and married with two grown to over 69,000 cases. which are experiencing incredible pop- young children. Both she and her hus- These cases represent only those ulation increases. As needy people band had jobs paying above the mini- children whose families are receiving move into these rapid growth States, mum wage, yet they could not provide Aid to Families with Dependent Chil- the Federal funding follows the popu- a living wage for their family of four. dren, or who are using the services of lation shift. Her employer kept her work hours to the county district attorney offices to Work First limits the entitlement to no more than 20 hours per week, so she enforce child support. The many Ne- welfare assistance. People who need as- was ineligible for job provided health vadans using private attorneys are not S 12790 CONGRESSIONAL RECORD — SENATE September 7, 1995 included. This scenario is repeated in gle mothers and their children that woman who made a conscious decision every State across the country. every effort is being made to get dead- to have a child, voluntarily left her The facts are simple. Nationally, one beat parents to pay up. We must ensure job, and then applied for and received in four children live in a single-parent the children receive adequate and con- welfare assistance. Her rationale was household. But one of the most star- sistent child support, so they are able that she had worked, and now the sys- tling statistics is that only half of to have the opportunity to become suc- tem owed her support while she stayed these single parents have sought and cessful, productive, and healthy adults. home to care for the child for its first obtained child support orders. For many single parent families, if 3 years. This means 50 percent of these single they could receive the child support Millions of single mothers get up mothers either have been unable to payments they are entitled to, it would every morning, get their children ready track down the father, have not pur- make the difference between being able for school or child care, and go off to sued support, or are unaware of their to maintain their financial independ- work, and we should expect no less legal child support enforcement rights. ence, and having to seek welfare assist- from those receiving welfare assist- Of the parents who have sought out ance. ance. No one should ever think welfare and obtained child support, only half I do support the Republican welfare assistance is going to be there for them receive the full amount to which they reform requirement that all food stamp because they voluntarily leave their are entitled. This means 25 percent of recipients, both the custodial and the jobs, or decide to have a child and want the single parents who have child sup- noncustodial parent, participate in to stay home to care for it. port orders actually receive nothing at child support enforcement efforts as a Americans are a compassionate peo- all. condition of food stamp eligibility. ple. They are always there to help peo- These facts should concern us. It is This requirement to participate in ple who are genuinely in need. They all too true that many single parents child support enforcement efforts needs care deeply about our country’s chil- must seek public welfare assistance in to be extended to all welfare and public dren. The outpouring from the hearts order to be able to support their chil- assistance programs. of Americans across this country in re- dren. When we taxpayers are asked to During my visits with Nevada eligi- sponse to the Oklahoma Federal build- lend a helping hand to these children, bility workers, over and over again I ing bombing verified that compas- we should be assured every effort is heard about problems with the Food sionate nature a thousand fold. being made to require absent deadbeat Stamp Program eligibility criteria. But most Americans are a hard- parents meet their financial respon- Work First deals with those problems. working lot, too. The vast majority of sibilities to those same children. Pub- People eligible for food stamps, with- Americans are out there every day lic assistance should not be the escape out children, are required to work or going to work—doing their best to pro- valve relied upon by those parents who get training to work as a condition of vide for their families on their own. want to walk away from their children. My child support enforcement legis- receiving benefits. And many of these hard-working Amer- Although the Food Stamp Program is lation and Work First provide the icans are single mothers who are the criticized, it has provided the most means to help shut that escape valve. sole breadwinner for their children, basic safety net—food—for those in Both provide States the authority to who pay for their own child care, and need, particularly in times of reces- withhold or suspend occupational and who struggle to make it by themselves. sion. The Republican proposal, how- professional licenses; Work First also It should come as no surprise when includes drivers’ licenses. Both allow ever, would give States the irrevocable these hard-working people feel a bit the denial of passports to noncustodial option to put their food stamp funds taken advantage of when they see able- parents for nonpayment of child sup- into a block grant. This option requires bodied people relying on the welfare as- port. Both provide for the reporting of States spend 80 percent of these funds sistance program. child support arrearages to credit bu- on food assistance. The other 20 per- The welfare system must be substan- reaus. Both require custodial parents cent is left to the States to use as they tially changed. On that we all agree. cooperate with paternity establish- wish. Again States are held to the We all agree too that there will always ment and enforcement of child support higher of either their fiscal year 1994, be people who will need the safety net as a condition of receiving cash assist- or the average of their fiscal year 1992– welfare assistance provides at some ance. The authority to collect child 94 expenditures as their funding level time in their lives. But the net should support from Federal employees and under the block grant approach. How be there only for a limited time, so members of the Armed Services is en- can this option possibly provide a de- people get back on their feet and per- hanced by both measures. Full faith pendable minimal safety net for those manently into the workforce. and credit of child support orders is im- who are most vulnerable to economic Work First will change the welfare proved, and States are required to downturns? food stamp funds should go system. It lets hard-working Ameri- adopt laws to void fraudulent transfers for food; that is too basic a human need cans know that we recognize their frus- by a person owing child support. to play with. tration with those who abuse the wel- Work First also allows States to pro- Good as Work First is, there are fare system. It lets Americans in need hibit noncustodial parents—the par- some problem areas of the current wel- know that conditional, time-limited ents who owe the child support—from fare system that it does not address. I assistance is there to help them if they receiving food stamp assistance. So will be proposing a welfare fraud meet their responsibilities to get to much of our efforts to establish and amendment to prohibit welfare recipi- work as soon as possible. And it does collect child support fall on the custo- ents who commit welfare fraud from this compassionately by protecting our dial parent—the parent who cares for being unjustly enriched because of that most vulnerable citizens. Work First the children and tries to make ends fraud. There are times when an individ- may not have all the answers, but it meet. This provision provides another ual, whose benefits are reduced because will get us well down the road to a way to find noncustodial parents and of an act of fraud, games the system by more fair welfare assistance system. ensure they meet their child support using his reduced monthly income to Mr. BIDEN. Mr. President, I am obligations. generate additional benefits from other pleased that the Senate is finally de- We must give our courts and law en- assistance programs. When welfare re- bating welfare reform. And, I want to forcement agencies the tools they need cipients are overpaid benefits, we need take a few minutes to discuss my views to crack down on delinquent parents. to allow the welfare system to inter- on the matter. The goal is not to drive those who want cept Federal income tax refunds to re- It is obvious to almost everyone—in- to meet their obligations to their chil- cover such benefit amounts. cluding those on welfare—that the cur- dren away, but rather to make sure We need a welfare system that does rent welfare system is broken. those ignoring their children under- not allow people to think that receiv- Too many welfare recipients spend stand that society will not tolerate ing welfare assistance is an option they far too long on welfare and do far too their irresponsible behavior. can choose to take when it is conven- little in exchange for their benefits. We must assure taxpayers who lend ient. We all read in the Washington Many of those who manage to get off the helping hand to impoverished sin- Post of the young, unmarried, working the welfare rolls only end up back on September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12791 them after a short period of time. And, to do. We should not abandon welfare If a parent is kicked off of welfare, for some, generations have made wel- entirely. All Americans must be secure the children—the innocent children— fare their way of life. in the knowledge that if something un- should continue to receive assistance This is unacceptable. And, I believe expected happens to them—the death for food, housing, and clothing. But, that trying to fix the problem through of a spouse, the loss of a job, the burn- that assistance should be provided for patchwork solutions is no longer an op- ing down of their house—that help will the children through a voucher to a tion—it will only fall short of what be there. third party—not cash to the parents. In needs to be done. Instead, we need to But, welfare must no longer be a way other words, adults should not be able end the current welfare system—scrap of life. We do no favors—including for to live off of their children’s benefits. it and start over. And, the new pro- the welfare recipients themselves—by The point here is that we should pro- gram must have as its fundamental keeping people on welfare indefinitely. vide nothing for adults who do not premise one basic thing: work. We must get people off of welfare—and work, but we should protect the chil- Back in 1987, I proposed a work re- keep them off. Welfare dependency dren who are not to blame. quirement for all welfare recipients. must be replaced with self-sufficiency Finally, in all of this talk and debate And, many of those ideas were em- and personal responsibility. about welfare mothers, let us not for- bodied in the Family Support Act of So, we should limit adults to 5 years get that there are two adults involved 1988—the bipartisan legislation crafted of welfare, returning the welfare sys- in creating a child. Those who bring by Senator MOYNIHAN. It was a good tem to its original intent—a system of children into the world should support first step. But, it is evident today that temporary assistance. their children—and that includes the the 1988 law did not go far enough. Mr. President, a mandatory work re- deadbeat parents, who are mostly dads. It is time—it is long past time, real- quirement and a 5-year time limit They should be forced to pay child ly—for us to require welfare recipients sound tough. And, they are. It is time support, and tough child support en- to work for their benefits. for some tough measures. forcement must be a part of any wel- We must make it unmistakably clear But, in the process we must be realis- fare reform effort. Getting tough on that welfare recipients have an obliga- tic. If welfare is truly to become a two- the deadbeat dads must be as high a tion to make every effort to end their way street—if our goal is to move wel- priority as getting tough on the wel- dependency. Citizenship is more than fare recipients into work and not just fare mothers. Remember, every dollar out onto the streets—then we cannot just a bundle of benefits. It is also a set not paid in child support is another ignore the issue of child care. of responsibilities. And, the primary dollar the Government may have to responsibility is to provide for yourself For a family living in poverty, the costs of child care can eat up almost 25 pay in welfare benefits. and your family by working. Since 1992, when I was appointed to a percent of their income. Expecting wel- Now, when I say ‘‘work,’’ let me be Senate Democratic task force on child fare recipients to work—demanding clear about what I mean. I mean work. support enforcement, I have argued that they work—will not work without I do not mean participation in bureau- that fathers who do not work and do child care. The work simply will not cratic programs. I do not mean partici- not pay child support should be re- pation in ‘‘work activities.’’ I mean pay. Welfare recipients will either go to work and leave their children alone quired to take a job—just as welfare real work. I mean a job. mothers should be required to work. And, if a private sector job cannot be —or not go to work at all. No one—no Absent parents who have failed to pay found, welfare recipients should still be matter how poor—should be asked to child support should be given a simple required to work, giving back to the choose between their job and their chil- choice. They could start paying what communities where they live by doing dren. Not only is child care the right they owe their children. Or, they could community service work. thing to do—but, without it, welfare In short, the new rule of the game reform will fail. take a community service job in order must be this: In exchange for a welfare In creating a new welfare system, we to earn the money they owe their chil- check, you do something for your bene- must recognize this reality by making dren. Or, they could go to jail. But, fits. You work. The government will sure that child care is available for the what they should no longer be able to help with child care and some job children on welfare when their mothers do is to abandon their children. training, if needed. But, all adults on are working. In addition, we must rec- Mr. President, I am absolutely com- welfare should be working. The culture ognize that many of those who leave mitted to passing a tough welfare re- of welfare must be replaced with the welfare only to return later do so be- form measure that emphasizes work culture of work. cause they cannot afford child care. We and personal responsibility—but pro- Let me be specific. should allow States to provide 2 years tects children in the process and main- First, we should require all welfare of child care assistance for those who tains a safety net for all Americans recipients to sign a contract in which have left welfare. And, we should make who need temporary help. they agree to work in exchange for all low income working families eligi- In evaluating the options, I believe their benefits. Those who refuse to sign ble for child care assistance—regard- that Senator DASCHLE’s proposal—the should not get benefits. less of whether they had ever been on Work First Act—comes closest to Then, welfare recipients should have welfare. meeting my goals. The Work First plan to look for a job immediately. They Mr. President, let there be no doubt. strikes an appropriate balance. It re- should have up to 6 months to find a We must be strict with the adult re- quires work and imposes a 5-year time job in the private sector. Six months, cipients of welfare. But, at the same limit. It guarantees child care and a period. time, we must be compassionate to- temporary safety net for all Ameri- Those who refuse to look for work ward the children. cans. It is tough on both welfare moth- should not get benefits. And, those wel- Two-thirds of those on welfare are ers and deadbeat dads. fare recipients who are not working at children—and we should not blame I believe that the Daschle proposal is the end of 6 months should work in a them or punish them for being born real welfare reform. And, I urge my public sector job or do community into poverty. More than one in every colleagues to join me in voting for this service work—or give up their welfare five children in America today is born important, significant, and long over- benefits. poor. That’s one poor child born every due overhaul of our welfare system. No more free lunches. No more free 40 seconds. And they were given no Mr. HARKIN. Mr. President, as we rides. choice in the matter. Abandoning these continue the debate on welfare reform And, Mr. President, there should be children—and they are all of our chil- I would like to begin by restating some no more permanent claim on public dren—is tantamount to abandoning our things that I talked about before we re- aid. Working for a welfare check—and future. cessed in August. everyone should work for their check— That is why I believe we must guar- I believe it is important for people to must be temporary. Welfare recipients antee child care. And, that is why we understand that there is agreement on must eventually work for a paycheck. should, while limiting adults to 5 years one issue here—the need to reform the Do not get me wrong. Temporary as- of welfare, keep the safety net for chil- welfare system. We may have dif- sistance is the right and humane thing dren. ferences of opinion about the best way S 12792 CONGRESSIONAL RECORD — SENATE September 7, 1995 to accomplish it, but on the central You can’t accomplish the goal unless Like the Iowa plan, Work First de- issue, there is agreement. you do certain things. That’s just com- mands responsibility from day one. There is not a single member in this mon sense. First, you have to take care And it ends the something-for-nothing Chamber who believes that welfare sys- of the kids. Second, you have to make system of today with one that truly tem is a success. It is failing the tax- sure that people have the skills and turns welfare into work. payers and it is failing the people who education necessary to get and keep It is built on the concepts of account- rely on it. jobs. Finally, there is no free ride, no ability, responsibility, opportunity, I had great hopes that we would be more government hand outs. and common sense. It will liberate debating welfare reform legislation We will provide a hand-up. But indi- families from the welfare trap. that enjoyed broad bipartisan support. viduals on welfare must accept respon- And it will strengthen families and In fact, I had written to the two lead- sibility from day one and grab on to help today’s welfare recipients finally ers asking that a bipartisan task force that helping hand. If not, then there walk off the dead end of dependence be appointed to find our common will be no check. and on the road to self-sufficiency. ground. A central element of the Daschle bill The Daschle Work First bill is a Mr. President, neither party has cor- is the requirement that all families on pragmatic, common welfare reform nered the market on good ideas and welfare must negotiate and sign a con- proposal and should be adopted. I urge sound solutions. Only by having voices tract that spells out what they will do my colleagues to vote for the amend- from all segments of the political spec- to get off of welfare. Failure to meet ment. trum, can we arrive at sound legisla- the terms of the contract will result in The PRESIDING OFFICER. The tion developed by using common sense. the termination of the cash grant. Democratic leader. Unfortunately, the Dole amendment A binding contract, like that in- Mr. DASCHLE. Mr. President, first was negotiated behind closed doors cluded in the Daschle bill, is currently let me commend the distinguished Sen- within the Republican caucus. The re- in place in Iowa. And it works. ator from Virginia for his excellent sult is legislation that is strong on ide- Over the past 22 months I have met statement and the support he has pro- ology, and short on true reform. With- with a number of individuals about the vided this legislation. His input and his out changes, I fear the Dole-Packwood Iowa Family Investment Program. participation has been invaluable on proposal may well replace one failed, Time after time I hear welfare recipi- this issue, as it has been on so many dependency inducing welfare system ents say that no one ever asked them others. I am very grateful for that. with many varieties of the same. about their goals. No one sat down and Let me reiterate my gratitude as Unfortunately, I vividly recall the talked with them about what it takes well for the assistance and leadership last prolonged economic downturn that to get off of welfare. provided by the distinguished senior gripped Iowa during the farm depres- Welfare recipients rightfully assumed Senator from New York, and the Sen- sion and accompanying deep recession that no one cared if they stayed on ators from Maryland, Louisiana, and so in agricultural States and commu- welfare indefinitely. That was the mes- many other Senators who have had a nities. The economy began to sour in sage of this obsolete system which kept vital role to play in bringing us to this 1981 and did not truly begin to turn welfare moms at home, while most point. As we have said now for the last about for the State until about 1987. other moms were employed outside the couple of days, our intent in offering That experience has forever changed home. this amendment is to hold out the hand the economic landscape of Iowa. Good There is a new message being deliv- of partnership to Republicans in bring- jobs are gone and will never return. ered in Iowa now. Welfare is a transi- ing forth a proposal that Democrats as Those were very difficult years, but tional program and people must be well as Republicans could support to contributions provided by a partner- working to get off the system. bring about meaningful welfare reform. ship with the Federal Government al- And the welfare picture is changing That is our goal. lowed my State and others in the Mid- in Iowa. More families are working and There are four fundamental aspects west to recover. One of the most seri- earning income. There are fewer fami- of that goal that we view to be very ous shortcomings of the Dole amend- lies on welfare. And the State is spend- important. First and foremost, we ex- ment is that it severs this important ing less for cash grants. pect, we want, we propose real reform. partnership. But we can’t get from here to there Second, we recognize that real re- Mr. President, today, we are debating without recognizing the magnitude of form is not possible without an appre- an alternative that has been proposed the problems facing most of the fami- ciation of the need to provide more op- by the Democratic leadership. Unlike lies on welfare. No skills. No education. portunities for work than are provided the pending Dole amendment, the No one to take care of the kids. today. Daschle Work First Act will, in fact, At a hearing on the Iowa welfare re- Third, we must protect children. We truly reform the welfare system. And form program, Governor Terry understand that we cannot provide op- in the process, will reduce the deficit Brandstad said, ‘‘There has been much portunities for work, we cannot truly by $20 billion. recognition that welfare reform re- engage in any kind of effort to encour- The Work First Act abolishes the quires up-front investments with long- age people to leave their homes, we current giveaway welfare system and term results. * * * ’’ cannot ask a mother to be separated replaces it with a conditional, transi- Iowa has begun to make those invest- from her children, without also ensur- tional benefit. Let me repeat this since ments, in partnership with the Federal ing that her children are going to be many seem to misunderstand—a condi- Government. And those investments cared for. tional, transitional benefit. are beginning to yield fruit in the form Finally, all of us must recognize that This proposal is not tinkering as of reduced expenditures for AFDC South Dakota is different from New some suggest. It is true, comprehen- grants. York, is different from Michigan. sive, real reform of an obsolete, failed The Work First bill also recognizes There ought to be, first, flexibility, system. that child care is the linchpin to suc- and, second, the realization that the Welfare as a way of life will no longer cessful welfare reform. We cannot re- last thing we want—given that this exist. There will be no more uncondi- quire welfare recipients to work, if Senate has put itself on record in oppo- tional handouts. Parents will be re- there is no place to put the kids. Plac- sition to additional unfunded man- quired to responsibility from day one ing children in harm’s way in order to dates—is to ask States to do things and must do something in return for make the parents work in unaccept- without adequately ensuring that the the welfare check. Failure to do so, able. The Daschle bill recognizes this funding is there to get them done will have consequences. reality. right. The Democratic leadership proposal Instead of simply slashing welfare Those are the four goals: Real re- starts with the following goal—to get and dumping all of the responsibility form, work, children, and flexibility welfare recipients employed and off of and all of the bills on to States and through an opportunity to sensitize welfare. And then develops a com- local taxpayers, the Daschle plan rep- people to the needs and the resources prehensive plan to make it happen. resents real reform and real change. necessary in the States themselves. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12793 We have had a good debate in the last We must also recognize, as the distin- giving States the flexibility makes a couple of days about many of these guished ranking member of the Fi- lot more sense. So, indeed, that is what goals and how they relate to each nance Committee has said on so many we have attempted to do, to recognize other. The reality is different than the occasions, that we must address the that States need flexibility, but to rec- rhetoric we have heard on many occa- problem of teenage pregnancy. While ognize, too, that there are certain cat- sions during this debate. we do not have all the answers to teen- egories of people who simply may not First, there is a fundamental dif- age pregnancy, we must recognize that be required, because of the extreme cir- ference between our approach and the there is a need there. We must try to cumstances in which they find them- Republican approach with regard to address the problem in a meaningful selves, to fit the neat, defined descrip- work. The Work First plan fundamen- way. There is a responsibility for us to tions that we have laid out in this tally redefines welfare as we know it care in whatever way we can, ensuring amendment concerning the time limit. by putting a great deal of emphasis on that teen parents get some guidance, So, Mr. President, the Work First ensuring that the skills can be pro- ensuring that teen mothers are given proposal is real reform. The Work First vided, but ensuring as well that we an opportunity to work through the amendment goes beyond rhetoric and have the resources to do the job. challenges they face as young mothers. meets the reality of reform. The Work The Republican plan, on the other We do that in the Work First proposal. First amendment does what we say is hand, simply boxes up the problem and We do not claim to have all the an- important if indeed we are going to re- ships the current system to the States. swers to teen pregnancy. No one does. define welfare. It provides the oppor- It tells the States, ‘‘You do it. You find No one can possibly tell you, unequivo- tunity for work. The Work First a way to ensure that we can come up cally, here is how we are going to stop amendment provides for child care and with some magical solution to all these teenage pregnancies. But we can say child protection in ways that are essen- goals, but we are not going to allow that teen mothers have to begin taking tial to the well-being of the future of you the resources adequate to get the responsibility. We can say that we have this country. job done.’’ Boxing up the plan and some initial steps in providing them Mr. President, the Work First sending it out is no solution. Providing with an infrastructure and with a amendment recognizes that we are not the necessary infrastructure, providing mechanism by which they can be pro- going to do a thing unless States have the resources, and ensuring a partner- ductive mothers first, workers second, the resources, and unless we share ship between the Federal Government or students third. This amendment those resources in a meaningful way, and the States truly is. does that. This amendment addresses giving maximum flexibility to the Second, we recognize, as I said in ar- the realization that unless we begin to States to decide how to use them. ticulating the goals of our amendment, put the pieces together in working Maybe that is why the U.S. Con- that we need to ensure that mothers with teenage pregnancy, recognizing ference of Mayors has endorsed one have the capacity to work, that young we do not have the answers, we are welfare reform proposal. They have en- mothers in particular have the re- never going to solve the problem at all. dorsed Work First because they are the sources—and from that the con- The Republicans have used quite a ones who are going to be charged with fidence—that they will need to go out bit of their time to say that, somehow, the responsibility of carrying out what and seek jobs, to go out and obtain the this is a plan run out of Washington. we do here. So the mayors understand skills, to go out and get the counseling, Nothing could be further from the all of this. They have said, on a biparti- to go out and get the education to en- truth. The truth is that the Work First san basis: We want the Work First sure that at some point in their lives plan is specifically designed to give plan. Local officials have also endorsed they can be productive citizens with States the flexibility that they need to one plan. Local officials have indicated the full expectation that they are do whatever it takes in their States, to they, too, understand the consequences doing this in concert with those of us recognize that in South Dakota we of no funding, understand the impor- who want to work with them to see have a different set of circumstances tance of child care, understand the im- that the job gets done right. than we might have in Florida or Cali- portance of providing maximum flexi- We recognize that if we are going to fornia. bility, understand the importance of reach this goal of putting people to You heard the charge that somehow funding and real work. And they, too, work, if we are going to ask a mother our plan is weaker on work than the support the Work First proposal. to leave the home, if we are going to one proposed on the other side, but the ask a young mother in particular to truth is the Work First plan is stronger Organizations of all kinds have come leave her children, then, my heavens, than the current Dole bill as it has forward to say this is the kind of legis- how long does it take for every Member been proposed. Our amendment re- lation they want us to pass. The Demo- of this Chamber to realize as well that quires community service after 6 cratic Governors have said again, as child care is the linchpin to making months. The Republican plan calls for late as this morning: This is what we that happen? Protecting children is no work until after 2 years. Our amend- want; this is what we need. This will do what this is all about; if we do not pro- ment provides for resources to help the job. tect children, if we do not ensure that mothers go to work. The Republican Mr. President, it has been a good de- the children are cared for, there is no plan is $16.5 underfunded. They say our bate. I am hopeful that, as so many way they are going to leave home. plan may have too many exemptions have expressed on the Senate floor in So it seems to me this is exactly from the time limit. The truth is that the last couple of days, we truly can what we have to produce in this Cham- both plans have exemptions. The Re- find bipartisan solutions to the chal- ber prior to the time we finish our publican plan has a 15-percent exemp- lenges we face in passing meaningful work on welfare reform: A realization tion, arbitrarily set. welfare reform. This is our best good- that protecting children, caring for As I said last night, if we use every faith effort to accomplish meaningful those kids as mothers leave for work, one of the criteria specified in our reform, to reach out to our Republican is an essential element of whatever amendment, including mothers who colleagues and say join us, to reach out welfare reform we pass. have young children, disabled, those across the board to Democratic and Re- The Republican plan ignores 9 mil- people who work in high-unemploy- publican Governors alike and say join lion children. It has been aptly de- ment areas, if we have in some way us, to reach out to all of those people scribed as the ‘‘Home Alone’’ bill, be- used up all of that 15 percent and still currently on AFDC who want to find cause there simply are not the re- find young mothers who have children, ways out of the boxes they are in and sources, the infrastructure, the mecha- are we then to say to them, ‘‘I’m sorry, say join us. We are providing new op- nism, the will on the part of many on we have arbitrarily set the line at 15 portunities, new solutions, and even the Republican side of the aisle to ad- percent. You happen to be in the 16th new hope for people who need it badly. dress this issue in a meaningful way. percentile. You have to go to work?’’ I Let us hope as a result of the passage We simply cannot be willing to leave do not think anyone wants to say that. of this amendment this afternoon that child care as the only aspect of our That is why we believe using selective we can begin our work in earnest to en- need to address the cares of children. criteria makes a lot more sense, why sure that the reality of welfare reform S 12794 CONGRESSIONAL RECORD — SENATE September 7, 1995 can be realized at some point in the not It seems to me that the Daschle- spent a lot of work on the floor just in too distant future. Breaux substitute merely replaces the the past few days and who has done a I yield the floor. current AFDC entitlement with a new, great job helping us a lot in the con- Mr. LOTT. Mr. President, may I in- or newly designated, entitlement, sup- ferences that we have had in an effort quire about how the time is divided at posedly time limited. to resolve some of the differences on this point? That is not even incremental change, our side. The PRESIDING OFFICER. At this and it cannot get us where the Nation I am prepared to say I think most of point, all time has expired. But 15 min- needs to go in modernizing, streamlin- the differences have been resolved on utes of time has been set aside at 3:45 ing, and reforming our programs of our side because we have tried to base for the majority leader under a pre- public assistance. our bill on three principles: Creating a vious unanimous-consent agreement. I hope that our colleagues who, for real work requirement, returning au- Mr. LOTT. Mr. President, while the one reason or another, plan to vote for thority to the States, and restraining distinguished majority leader is on his the substitute amendment will, there- welfare spending. These principles are way, I understand I can take a couple after, keep an open mind and open op- key to reaching our goal of dramatic of minutes of his time to make a brief tions about the Republican welfare bill reform that provides work, hope, and statement. this amendment seeks to replace. opportunity to Americans in need. I ask unanimous consent that I be al- It is a large package of very com- The amendment before us proposed lowed to do that. prehensive welfare reform. But I think by the Democratic leader fails to meet The PRESIDING OFFICER. Without it can significantly improve our these principles. The Democrats call it objection, it is so ordered. present system and move us toward Work First, but in fact, it is ‘‘weak Mr. LOTT. Mr. President, our time genuine welfare reform. It points the first’’—weak on work, weak on limit- for debate on this amendment is run- way toward the radical change that is ing welfare dependency, weak on State ning out. So I will keep these remarks needed. innovation, weak on savings, weak on brief and to the point. I urge my colleagues to vote against real reform. I urge my colleagues to vote against Daschle-Breaux and let us move toward REAL WORK REQUIREMENT the Daschle-Breaux substitute. I do not the adoption of the Dole welfare reform question the good motives behind it. I package. Let me just say, any bill that comes consider it a thoughtful attempt to I yield the floor. before us that is going to pass the Con- break out of the welfare status quo— Mr. PRESSLER. Mr. President, I ask gress and, hopefully, any bill signed by something which all of us want to ac- unanimous consent to proceed for 2 the President is going to have a real complish. minutes. work requirement in it which requires But I do not believe it does the job, The PRESIDING OFFICER. Is there able-bodied welfare recipients to find a at least not the way the American peo- objection? Without objection, it is so job, not stay at home and not stay in a ple want it done. ordered. training program forever, because For starters, it retains authority and Mr. PRESSLER. Mr. President, I rise when it comes to escaping poverty we decisionmaking about welfare right in support of the Dole approach on the know the old American work ethic is here in Washington. And it does so at a welfare bill. We must restore workfare true. Work works. And States, not the time when the States are seizing the to our welfare program. The system of Federal Government, must provide the initiative with far-reaching experi- welfare that we have in this country work requirements. However, we must ments and demonstration projects. In- was set up in the early 1960’s. I remem- hold them accountable. stead of fostering that process, by re- ber well the war on poverty, and the in- Our bill requires—and even there are turning both authority and resources tentions were good. But the result has some on our side who think our bill to State and local taxpayers, the been our inner cities have had does not go far enough, but our bill re- Daschle-Breaux amendment would re- generational welfare. The same thing quires 50 percent of all welfare recipi- tain the whole mechanism of Federal has happened on our Indian reserva- ents to engage in work in fiscal year micromanagement. tions. We all want to help people who 2000. And that is a fairly high barrier to The substitute amendment talks a need help. But we must restore the cross when you consider the young peo- good fight on two fronts: with regard to principle of workfare. That is what the ple and elderly and disabled unable to work requirements and a time limit for Dole bill does. work. receipt of welfare. But in both cases, Also, we must turn over to our States Our colleagues on the other side put there are so many provisos and loop- more of this responsibility, because the a number of loopholes ahead of real holes and conditions and exceptions States can judge who deserves welfare work. The Federal Government would that we couldn’t expect significant better. We now have all these Washing- exempt 25 percent of all welfare par- progress over the status quo. ton bureaucrats with the entitlement ticipants and only 50 percent of the re- We have had work requirements on programs, situated in Washington, DC, maining 75 percent of the welfare case- paper before, with impressive partici- making judgments on who should be on load would be expected to work by fis- pation rates mandated by various welfare in South Dakota or California. cal year 2000. The bottom line is the times certain. What we need now is suf- Under this new legislation, under this Democrats’ plan requires only 37 per- ficient flexibility for the States to reform, there will be workfare and the cent of able-bodied recipients to work reach those goals in their own ways. States will decide who gets welfare. in fiscal year 2000. The substitute amendment does not That will save the taxpayers money. By comparison, the Republican plan give it to them. But more importantly, it will reform requires 50 percent of all welfare recipi- Nor does it offer hope of turning the our welfare program so we will have a ents to work in fiscal year 2000. We tide against illegitimacy. That may be real welfare program that helps the leave the business of exemptions to the its most important shortcoming. There people who need it and requires people people who know best, the closest to is already a national consensus that il- to work who are able to work. It is the problem. That is the States, the legitimacy is the key factor that drives time for reform in welfare. Governors, the State legislators. the growth of welfare. It is the single Mr. President, I yield the floor. We believe States should design and most powerful force pushing women The PRESIDING OFFICER. The ma- run their own work program. And one and children into poverty. jority leader is recognized under the thing is certain about welfare reform. A welfare bill that does not frontally previous unanimous consent agree- No Federal bureaucrat will ever come address that issue—that does not make ment. up with a blanket program which reducing illegitimacy rates a central Mr. DOLE. Mr. President, I want to works equally well in all 50 States. goal—is simply not credible as welfare thank all my colleagues for their work, Through block grants to States and not reform. and my friend from New York, Senator waivers, the Federal Government can Another touchstone of true welfare MOYNIHAN, chairman of our committee, provide resources to fight poverty reform is whether a bill removes or re- Senator PACKWOOD, the Senator from without imposing the rules and regula- tains the entitlement status of welfare. Pennsylvania, Senator SANTORUM, who tions that ban innovation. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12795 I am reminded of a statement by the impose real lifetime limits on welfare as a Federal entitlement and renames distinguished Governor of Wisconsin, benefits by offering even more loop- it the ‘‘Work First Employment Block Governor Thompson, when he was holes. For example, a welfare recipient Grant.’’ speaking with seven or eight of our col- who has three children while on wel- RESTRAIN WELFARE SPENDING leagues in my office here, oh, maybe 4 fare can get up to 7 years of benefits No program with an unlimited budg- or 5 weeks ago, and some were insisting before reaching the 5-year limit. Even et will ever be made to work effec- that we continue to add strings. then, that recipient would still remain tively and efficiently. Therefore we Whether they are conservative strings, on the welfare rolls entitled to certain must put a cap on welfare spending. they are strings. And the Governor benefits and receiving vouchers, with- The Republican bill saves $70 billion said, I think maybe in a little bit of out a time limit, in place of cash bene- over 7 years. The Democrat bill saves frustration, that he was also an elected fits. only $21.6 billion over the same period official; he was elected by the same The Democrat bill even provides ex- of time. kind of people we are, and that nobody ceptions to these weak time limits, Mr. President, because it is weak on in the State of Wisconsin was going to turning major cities into welfare work, weak on limiting welfare depend- go without food or medical care. magnets. If a welfare recipient lives in ency, weak on State innovation, weak We have to give the Governors credit an area with an unemployment rate ex- on savings, weak on real reform, the for some integrity and ability and a ceeding 8 percent, none of the time Democrat bill fails the test to real re- willingness to do the right thing when spent on welfare counts toward the so- form. I urge my colleagues to vote it comes to welfare. And I think that is called 5-year limit. That would turn against it. generally the case, whether it is a cities that have relatively high unem- So I think overall, although I know Democrat or Republican Governor, a ployment rates like New York, Los An- there is a desire of everybody in this Democrat or Republican State legisla- geles, Washington, Philadelphia, De- body to do something about welfare, we ture; they are closer to the people. troit, and many others into time-limit- know it has failed. Notwithstanding We have not tried this. There prob- free zones. the best efforts of many to make it ably will be some horror stories. There But I think the most important thing work, it has not worked, and it is time always are going to be a few cases is that we want to return authority to that we take a hard look at dramatic where maybe a few things will go awry, the States. And we believe there is an reform. That is precisely what we in- but they go awry now. opportunity to do that. We want to tend to do. The Work Opportunity Act We give the States broad latitude to give the States the flexibility. The of 1995, in my view, is a step in that di- adopt the programs to meet the varied Governors want that. Republican Gov- rection. needs of their low-income citizens. The ernors want that, and I think many I will indicate to my colleagues that other bill does not allow States to take Democratic Governors want that. And following the vote on the Democratic over welfare programs. It replaces one that is why the majority of the Na- substitute, we will ask consent at that set of Federal rules and regulations tion’s Governors on the Republican time that all amendments that people with new ones, and States that want to side want that. might offer, they notify the managers I noticed Governor Wilson yesterday innovate must continue to come to today and then, if we can get the con- disagreed with our bill. He was not at Washington, ask for a waiver, wait, sent, those amendments would have to the Governors’ meeting. Had he been wait, wait, and finally get a waiver. We be offered by 2 o’clock tomorrow. there, I think he might have endorsed do not think that should be necessary. I have had a discussion about this it. I have written him a letter to ex- We believe States ought to be able to with the Democratic leader, Senator plain the bill so he will better under- innovate; there ought to be a lot of DASCHLE. I have not made the request stand it because he has it all confused flexibility. And I tell you that we have yet, but I do not believe he disagrees with some of the others. But I think 28 confidence in the Governors, again, in with our intent. Our intent is to move or 30 of the Governors, with the excep- both parties. tion of Governor Wilson, support our as quickly as we can to complete ac- Local welfare administrators and bill, and we believe it is a step in the tion, giving everybody all the time caseworkers must get recipients off right direction. they want for debate, offer the amend- welfare and into the workplace. To en- I hope that after the bill of the dis- ments they wish to offer, but, hope- courage results, the Republican bill tinguished leader on the other side, fully, conclude action on next Wednes- imposes a State penalty for failure to Senator DASCHLE, is disposed of, we can day afternoon. meet participation rates. There would then start debate and finish action on I would say that initially we had be a 5-percent reduction in the State’s this bill no later than 5 o’clock about 70 amendments on this side of annual grant. Under the Democrats’ Wednesday. We believe there will be the aisle. In my view, that would have bill, a first-time State failure to meet amendments on each side. We have probably boiled down to about 10 or 12 the participation rate would simply re- some amendments we cannot work out. amendments that may require rollcall quire the HHS Secretary to make rec- The ones we cannot work out we will votes. I am not certain the number of ommendations to the States for im- bring up and have a vote and determine amendments on the other side. But it proving them. what happens. So it seems to me that is my hope that we can reach some The local welfare administrators and we are on the right track. agreement so it would not be necessary caseworkers need to focus on getting The Republican leadership plan to file cloture, that we go ahead and welfare recipients into the mainstream eliminates the individual entitlement debate the bill, then finish the bill at and not focus on unnecessary Federal and replaces it with a capped block the earliest possible time and go on to bureaucracy and regulations. There- grant of $16.8 billion a year. something else. fore, the Republican bill delivers wel- I would say, finally, the Democrat I yield back the remainder of my fare dollars to the States directly from plan proposes to replace AFDC with a time. the Treasury and reduces the Federal bigger, more expensive package of enti- Mr. DASCHLE. Mr. President, I ask welfare bureaucracy. tlements costing the taxpayers over $14 for the yeas and nays. Able-bodied recipients must work to billion more than AFDC over the next The PRESIDING OFFICER (Mr. support themselves and their families. 7 years, including subsidies to families FAIRCLOTH). Is there a sufficient sec- To accomplish this, we require recipi- with incomes as high as $45,000 per ond? ents to work as soon as the State de- year. There is a sufficient second. termines that they are work ready or The Republican bill no longer will The yeas and nays were ordered. within 2 years, whichever is earlier. continue the burdensome rules and re- VOTE ON AMENDMENT NO. 2282, AS MODIFIED Moreover, our bill imposes a real 5-year quirements that accompany the old The PRESIDING OFFICER. The lifetime limit on receiving welfare ben- jobs program. The Work Opportunity question is on agreeing to the Daschle efits. Act repeals the jobs program and lets amendment No. 2282, as modified. Our colleagues on the other side have the States design real work programs. The clerk will call the roll. a work ready provision with many ex- The Democrat plan keeps many pro- The legislative clerk proceeded to emptions. Moreover, their bill fails to visions of AFDC and the jobs program call the roll. S 12796 CONGRESSIONAL RECORD — SENATE September 7, 1995 Mr. LOTT. I announce that the Sen- honor that has befallen me in the last tion of our heritage safe and free, and ator From Alaska [Mr. MURKOWSKI] is 3 years, and I do not want to visit fur- to this date not guaranteed. necessarily absent. ther that dishonor on the Senate. I re- Tax reform in 1986. We were up The PRESIDING OFFICER. Are there spect this institution and my col- against the verge of failure. The House any other Senators in the Chamber de- leagues too much for that. had passed a middling bill. I was chair- siring to vote? For 27 years, I have worked alongside man of the Finance Committee. Every The result was announced—45 yeas, BOB DOLE, TED STEVENS, and a few oth- day we were voting away $15 or $20 bil- 54 nays, as follows: ers from that era, and most of all with lion in more loopholes. [Rollcall Vote No. 400 Leg.] MARK HATFIELD, who is not just a col- I finally just adjourned the commit- YEAS—45 league but a friend of almost 50 years tee and said, ‘‘We are done.’’ I remem- Akaka Feinstein Levin and who I met when I was a teenage ber Bill Armstrong saying, ‘‘We are Biden Ford Lieberman Young Republican. He was a bright, done for the day?’’ And I said, ‘‘No, we Bingaman Glenn Mikulski Boxer Graham Moseley-Braun young, yet unelected legislator, who are done for the session, we will have Bradley Harkin Moynihan turned out to be my teacher, mentor, no more sessions.’’ Breaux Heflin Murray and friend. Bill Diefenderfer, my counsel, and I Bryan Hollings Nunn Bumpers Inouye Pell There have been many successes in went to the Irish Times for our two fa- Byrd Johnston Pryor these 27 years, some failures, some mous pitchers of beer. Those were the Conrad Kennedy Reid frustrations. Let me remember a few, if days I drank. I quit drinking years ago. Daschle Kerrey Robb I could have your indulgence. Hell’s I know why they call it courage—by Dodd Kerry Rockefeller Dorgan Kohl Sarbanes Canyon, that great gash in the Earth the time we finished a second pitcher Exon Lautenberg Simon that is the boundary between Idaho we drafted out on the napkin an out- Feingold Leahy Wellstone and Oregon with the Snake River run- line and really said, OK, they want tax NAYS—54 ning through it, the deepest gorge in reform, we will give them tax reform. Abraham Faircloth Mack the United States. In the late 1960’s, Here is an example where this body Ashcroft Frist McCain early 1970’s, for about 6 years, we had a can move when it wants to move. From Baucus Gorton McConnell battle on trying to stop a dam from the time that committee first saw the Bennett Gramm Nickles Bond Grams Packwood being built in the gorge and at the bill until they passed it in 12 days, PAT Brown Grassley Pressler same time to create a national recre- MOYNIHAN was a critical player. The six Burns Gregg Roth ation area. There is humor I see in of us met every morning at 8:30 before Campbell Hatch Santorum Chafee Hatfield Shelby this, and I smile at some of the news- the meeting. It passed the Senate with- Coats Helms Simpson paper stories I have seen recently in a month. So when people say this Cochran Hutchison Smith about business lobbyists writing legis- body cannot move, this body can move. Cohen Inhofe Snowe lation. Maybe some of the best advice I had Coverdell Jeffords Specter Craig Kassebaum Stevens I want you to picture this trip. We came from BILL ROTH, successor to D’Amato Kempthorne Thomas are on a raft trip in the river. I had John Williams, years ago, when he used DeWine Kyl Thompson been invited by environmentalists, the expression—we were having a de- Dole Lott Thurmond Domenici Lugar Warner most of whom I did not know. I had not bate in those days about the filibuster seen the gorge before. They wanted me and cloture and how many votes. In NOT VOTING—1 to see it and become involved in the those days I was in favor of lowering Murkowski saving of it. One night around the the number. I am not sure, even though So, the amendment (No. 2282), as campfire, I believe it was Brock Evans we are in the majority I would favor modified, was rejected. who, I think, is now with the Audubon that now, from two-thirds to 60 votes. Mr. SANTORUM. Mr. President, I Society, then with the Sierra Club—we John Williams said we make more mis- move to reconsider the vote. had a highway map of Oregon and takes in haste than we lose opportuni- Mr. MOYNIHAN. I move to lay that Washington, and he takes out a mark- ties in delay. motion on the table. ing pen, and he says, ‘‘I think this is If something should pass, it will pass. The motion to lay on the table was where the boundary is.’’ He draws it. It may take 4 or 5 years. That is not a agreed to. Somebody said, ‘‘What about those long time in the history of the Repub- Mr. MOYNIHAN. Mr. President, I minerals in Idaho.’’ So he crosses it out lic. Too often in haste we pass things suggest the absence of a quorum. and draws that up here. That became and have to repent. The PRESIDING OFFICER. The the boundaries. So for whatever advice I have I hope clerk will call the roll. The humor was—realizing this is we would not make things too easy in The legislative clerk proceeded to drawn with a marking pen—that when this body and slip through—I say that call the roll. you take it to the legislative counsel’s Mr. DOLE. Mr. President, I ask unan- as a member of the majority. office, if he says here—do you know imous consent that the order for the Tuition tax credits, a failure. PAT how many miles that is? If he would quorum call be rescinded. MOYNIHAN and I introduced the first The PRESIDING OFFICER. Without say, ‘‘Where are these boundaries?’’ I bill in 1977, and have been introducing objection, it is so ordered. would have to smile and say, ‘‘You will it ever since. Its day may come. It may Mr. DOLE. Mr. President, what is the have to call Brock.’’ be here. pending business? There was truck deregulation, an ar- One of the great moments of humor— The PRESIDING OFFICER. The cane subject that is probably saving you have to picture this situation—was pending business is the Dole amend- consumers more money than anything in the Carter administration. They ment No. 2280, as modified. in deregulation that we have done. were terribly opposed to this tuition Mr. DOLE. Mr. President, I ask unan- Abortion, early on, was a lonely fight. tax credit bill. Secretary Califano tes- imous consent that the Senator from I remember in 1970, 1971, when I intro- tified against it twice in the Ways and Oregon, Senator PACKWOOD, be recog- duced the first national abortion legis- Means Committee. Came to a Finance nized for 10 minutes. lation, I could get no cosponsor in the Committee hearing and Assistant Sec- The PRESIDING OFFICER. Without Senate. There was only one nibble in retary for Legislative Affairs Dick objection, it is so ordered. the House from Pete McCloskey, who Warden came to testify. He had pre- f did not quite come on as a sponsor. viously been with the United Auto There was a nibble 2 years before Roe Workers and was hired on as a lobbyist, ANNOUNCEMENT OF INTENT TO versus Wade. Those were lonely days. basically for Health and Human Serv- RESIGN FROM THE SENATE That is not a fight that is even yet se- ices—HEW as it was called then. Mr. PACKWOOD. I thank the Chair cure. Thirty seconds into his testimony, and the majority leader. Israel, and my trips there, the golden Senator MOYNIHAN leans forward and I think many of you are aware of why domes, the fight that so many of us had said, ‘‘Mr. Warden, why are you here? I am here today. I am aware of the dis- made year after year to keep that bas- Why are you here?’’ September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12797 Mr. Warden goes, ‘‘Why, I am the As- I must say in my many years of have a Republican candidate in every sistant Secretary for Legislative Af- teaching political science I never had a position on that ballot. fairs for the Department of Health, more brilliant student than Senator I remember that campaign very well Education and Welfare, and I am here PACKWOOD. Came to the university as a because I had known Senator Morse as representing the Secretary, the admin- freshman and he immediately estab- a Republican. I had campaigned for istration. lished himself as one who is knowl- Senator Morse as a Republican. I knew PAT goes, ‘‘No, no, Mr. Warden, I did edgeable about politics and is willing Senator Morse’s great abilities, and I not do the emphasis right. Why are to engage in politics and to invite still respect the contribution that ’you’ here? Secretary Califano testified other people to be involved in politics. former Senator Morse made to this twice in opposition to this bill in the I had been in the State legislature for country, particularly in areas of peace House. In this committee, where there about 6 years and had known his father and war. is a more favorable climate, where is who was one of the chief lobbyists in But I remember, too, that when Sen- the Secretary today?’’ the legislature representing the utili- ator PACKWOOD suggested a debate with Mr. Warden goes, ‘‘Why, I think he is ties industry. If Fred Packwood told Senator Morse—and we all know, for in Cleveland speaking.’’ you something, you knew it was true those of us who remember him, he PAT goes, ‘‘Well, where is the Under and you knew it was prudent. He estab- could make you believe black was Secretary? Why is he not here today lished himself as one of the outstand- white and white was black. In terms of representing the administration? Mr. ing lobbyists in that legislature. I his eloquence and his tenacity as a de- Warden, why?’’ knew his mother. bater, he was without peer in the U.S. ‘‘I am not sure.’’ Senate, from those comments made not And PAT’s voice rising, saying, Therefore, I speak even though there may be only but 10 years separating just by Republican Members, but by ‘‘Where is the Assistant Secretary for Democratic Members alike. And so Education? Mr. Warden, I was in the our ages, as sort of a long friend, per- haps partially a mentor, and most of Senator PACKWOOD not only suggested Kennedy administration when that po- but challenged him to a debate. sition was created and I can say that all, someone whose friendship I cher- ish. That is not terribly dramatic, in a man has utterly nothing to do at all. sense. But Senator PACKWOOD said, Mr. President, when young BOB PACK- He could be here testifying today. Mr. ‘‘And we will only have 2 minutes to WOOD became engaged in political ac- Warden, I will tell you where they are. answer a question.’’ Any of us who tion leading to his political career as They are up on the eighth floor of their were friends and knew Senator Morse, an elective officer, he launched a whole building, cowering under their desks, he could not tell you what the weather new style of campaigning in my State, afraid to come and testify on the most was outside in 2 minutes, because he best described as a slogan ‘‘People for important piece of education legisla- would attack the subject from its his- Packwood.’’ And he did not have to pay tion introduced in this century, and toric context, he would attack the sub- a high price to some kind of a public Mr. Warden that is why you are here. ject from its social context, from its relations firm to come up with that Now, please go on.’’ political, from its economic—he would Poor old Mr. Warden barely went on. kind of a focus that epitomized his give you the whole ball of wax, so to I had more humor in education from whole style of campaigning. He speak, and an hour and a half later you PAT than probably anybody here. thought it out. He demonstrated, Friendships beyond count. The cama- got the answer. again, a brilliant mind in his political And that was a very dramatic debate raderie is unbelievable. I look at JOHN activities. because it was televised. But the tele- CHAFEE sitting back here, my squash We were going through one of those partner. His secretary, about every 3 vision people did not just put the tele- wrestling matches in the Republican vision camera on the face. They real- months, kicks out our squash matches. Party that we are still going through Over 15 years, 202 to 199. His secretary ized that what was happening here was and perhaps we will always go through, a defeat in the making, because on the not only kicks out the matches, but and that is the wrestling between the the games and the scores within the sides of the podium, Senator Morse’s so-called liberal wing and the conserv- hands began to shake with uncer- match. JOHN every now and then pre- ative wing. At that particular time the tainty, realizing he was being cut off sents it to me, back we go, back and so-called party machinery was pretty forth, back and forth, and evenly before he ever got to the second sen- much in the hands of conservatives in tence of an answer. And it was prob- matched as you can be. our State, and the moderates felt that Some here—Senator BYRD would, ably one of the most historic if not the they were not being well represented most historic political debate in my Senator EXON would—some in my age within the party structure. So Senator group will remember General Mac- State’s history. PACKWOOD, at that time, organized At that point the pundits were all Arthur’s final speech at West Point: what was called the Dorchester Con- Duty, honor, country. saying: Aha, this young man coming ference. And in the Dorchester Con- along challenging this veteran and sage It is my duty to resign. It is the hon- ference he invited many Republicans orable thing to do for this country, for of Oregon politics, having been both a who represented the middle, the center, Republican and a Democrat and being this Senate. and said we have to epitomize the plu- So I now announce that I will resign elected to the U.S. Senate as a Repub- ralism of our party, both in our herit- from the Senate, and I leave this insti- lican and as a Democrat both. And that age and in our practice in current time. tution not with malice but with love, launched Senator PACKWOOD’s career And he launched that forum which is good luck, Godspeed. here in the Senate. Mr. HATFIELD addressed the Chair. still going on in my State after all He has many credits in his record. It The PRESIDING OFFICER. The these years, almost 30 years. does not mean that Senator PACKWOOD Chair recognizes the Senator from Or- So I say to my colleague that you and I have agreed on every issue. He is egon. have your footprints, you have your pro-choice. I am pro-life. That has di- Mr. HATFIELD. Mr. President, the imprint of legislation in the political vided us in terms of an issue, but not in political nightmare that has faced my life of our State, and your record can terms of a friendship. He has respected colleague now for almost 3 years is never be changed on that basis of your my position. I have respected his posi- coming to an end. contribution. tion. And that was, again, one of the I think in an ordeal of this type we I would like to come, then, to that characteristics of Senator PACKWOOD tend to focus on the negative or the very dramatic moment when Senator throughout his political life in my causes for leading to resignation. As he PACKWOOD decided that he would ven- State and in the U.S. Senate. He was has briefly reflected on the many ac- ture forth as a Republican candidate not a prisoner to dogma. He looked at complishments that he made during his against the impregnable, the the issue, he would make his assess- service not only here in the Senate but undefeated Senator Wayne Morse, for ment, and he would take his position. services he rendered to the State of Or- the U.S. Senate. He was a sacrificial I want to say with all due respect to egon as a political leader, as a legisla- lamb. He was one who was going to fill all of my colleagues that I serve with tor, I like to accentuate the positive. out the ballot because we wanted to today and those I have served with S 12798 CONGRESSIONAL RECORD — SENATE September 7, 1995 over almost the 30 years that I have study and can explain in detail so that here, offering amendments or debating been here, I have known no colleague I can understand it, and others can un- amendments that affected somebody that is his peer in taking a complex derstand it—whether it is Medicare, somewhere, some child or children or issue such as a tax package, dissecting Medicaid, welfare, capital gains, what- homeless, or whatever it might be, it, analyzing it, and explaining it so ever it is—anything in the jurisdiction whatever the issue might be. that the average citizen out there of the Finance Committee. I believe I would just say he has been an out- watching the proceedings could under- my colleagues on either side of the standing legislator, an outstanding stand. He has demonstrated that time aisle will acknowledge that BOB PACK- U.S. Senator, and someone whose leg- and time again. I not only give him WOOD has no peer. acy will be around for a long, long that accolade; he has certainly been a I can think of many, many times time, and a friend of mine. role model for me to be more brief than when he was able to bring us together. Mr. MCCAIN addressed the Chair. I have a tendency to be, having grown I am not talking about bringing to- The PRESIDING OFFICER. The Sen- up in a profession that had a 50-minute gether Republicans, but Democrats and ator from Arizona. lecture. Republicans, because of his expla- Mr. MCCAIN. Mr. President, I want So I just want to say to my dear col- nations and illustration of forceful ar- to speak briefly about our colleague, league, I wanted to take just a few mo- guments. And he knew the issue. We and my friend, BOB PACKWOOD. I will ments to focus on a record that cannot have served together, not always agree- not comment about the circumstances be expunged, and that in the total man, ing on every issue, but serving together that have compelled Senator PACK- and the total person, and the total pic- over the years and have been good WOOD to resign his office. I will not ture I hope we will be not only consid- friends over the years. speak about the merits of the case I know some may be pleased today, erate of that record and recognize that against Senator PACKWOOD. I can nei- record, but also recognize that he is a and some may not be pleased. But I be- ther reproach the Ethics Committee fellow human being. Even though the lieve that Senator PACKWOOD when he nor endorse their decision. I was spared media and the public often treats us as said duty, honor, and country means the burden of adjudicating this matter objects, we are human beings with precisely that. He has great respect for and it would not be fair for me to criti- emotions and with feelings. And I want the Senate and has always had great cize the result of their 3-year investiga- to say, as a fellow human being, I rise respect for the Senate. tion. I know the members of the com- to give these few remarks with a sad As soon as there was this report from mittee, and I know them to be decent heart, for I hurt with Senator PACK- the Ethics Committee yesterday there and principled Senators who would not WOOD in this particular moment. I were all kinds of questions and specula- take their responsibilities in this mat- count it a privilege to not only have tion about what will happen now? ter lightly. him as a friend for this length of time, I believe Senator PACKWOOD has made OB PACKWOOD is my friend. I am the right decision. I believe that a pro- But B but I look forward to many more years proud to call him my friend. And I can- tracted debate in the Senate may not of friendship. not bring myself to say that his depar- In closing, I want to say this lady sit- have changed anything. I must say I ture from the Senate is welcome. I ting next to Senator PACKWOOD, Elaine think it is very severe punishment. I surely know less about the case against Franklin, has been his right arm remember one case here where a Sen- the Senator than do the members of through battles and victories and dis- ator, charged with certain things, came the Ethics Committee, and I know that appointments. And when I was looking to the Senate floor 6 months after it they would not reach their decision ab- at a rather dismal situation in my last was reported by the Ethics Committee, sent their confidence that the decision election, she took her leave time and but not after a trial and not after con- was just. But I cannot accept it with her accumulated vacation and came viction on three counts. anything other than profound regret. out to the State of Oregon and engaged Having said that, I think Senator Nor can I comfort myself with an ap- full time in my campaign for reelec- PACKWOOD has made the correct deci- preciation that the Senate has in this tion. Even though that was a close sion. It is not easy. It has not been moment comprehended something election, I have to pay tribute to easy. It is always easy when you are about relationships between men and Elaine Franklin for her role in helping criticizing, but it is not as easy when women that, heretofore, male Senators to make it a victory. I think that is you are taking it. We all know that. are supposed to have failed to com- part, again, of the person picking key We have been on both sides. prehend. I did not feel that was the people, able people, as the Senator did But I must say that I have watched case prior to the Ethics Committee’s in Elaine Franklin. Senator PACKWOOD the last 24 hours Mr. DOLE addressed the Chair. and wondered myself how he was able ruling, and I do not think we deserve to The PRESIDING OFFICER. The to carry on. But then, again, I know be congratulated for suddenly evolving Chair recognizes the majority leader. BOB PACKWOOD. This is not the end of into more sensitive beings. Mr. DOLE. Mr. President, I will just BOB PACKWOOD’s career. He will con- I cannot claim that I have treated take a minute or two. I think Senator tinue to make a difference in the lives every human being I have encountered MCCAIN wanted to say a word. of many, many Americans. He only in my life fairly or generously. But I I think the BOB PACKWOOD we heard cited a few things. We can cite pages am confident that whether I have today is the BOB PACKWOOD that many and pages of legislation that bears his treated a person well or ill it had noth- of us have known over the years. I re- name or bears his name along with col- ing to do with their gender, and I re- member in 1968, BOB PACKWOOD calling leagues on the other side, bipartisan, sent assumptions that all men in this me. We were both running for the Sen- nonpartisan, in some cases partisan. He institution require an object lesson ate for the first time. He called me, I is a hard worker—nobody ever sug- made of BOB PACKWOOD so that we think, late at night or early in the gested otherwise—loyal to his party, might learn to treat one half of human- morning. We talked about each win- loyal to his constituents, and loyal to ity with dignity. ning, about coming to the U.S. Senate. his leaders. Thus, I cannot quietly or publicly, I came from the House. He came from So I would just say that obviously he genuinely or falsely say that BOB State political office. We ended up on deserves some time to get everything PACKWOOD’s departure was the nec- the same committee, the Finance Com- in order. It takes a little while around essary price for us to become better mittee—a very important committee. here to do things. I am not certain. He people. We could all become better peo- It had a number of outstanding chair- did not state an effective date. But I ple, but I seriously doubt the Senate’s men—Senator Long was there for a guess my colleagues would say some loss of BOB PACKWOOD will advance us long time, and I was there for a short reasonable time would be allowed— toward that goal. time; then Senator Bentsen, Senator even by the sharpest critics. Mr. President, let me also ask my MOYNIHAN, and Senator PACKWOOD. I look at the legislative record of colleagues to spare a little consider- I want to underscore what the senior Senator PACKWOOD and add it all up. ation for the whole of BOB PACKWOOD’s Senator from Oregon just stated. I do And I think about the many times he life and career in this institution be- not know of anybody who is a quicker stood on this floor in this place, right fore we lapse into self-congratulation. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12799 And let us also recall Biblical injunc- And I trust that I was able to return ing early morning, just hours away, 3 tions concerning forgiveness and un- that to him in earnest friendship. hours away. That apparently was not derstanding. No matter what our views I have prepared some notes. Many of enough, for that very next morning the of this matter are, we can all recognize you know me well, and when I really Ethics Committee delivered certain that this is a sad—a profoundly sad have something to say, I write it down files, records, and pleadings to the Jus- moment—for BOB PACKWOOD and for in my own way, no staff, no winging it, tice Department for ‘‘further proceed- the Senate. Let us not congratulate which has sometimes put me in a lot of ings’’ as to possible criminal matters, nor celebrate a thing today. This a mo- trouble. But I just want to share a few while the committee had made no pre- ment for grieving. things that come from down deep in- vious public reference as to any such BOB PACKWOOD is a man of great in- side, and they are brief. They may criminal conduct. dustry, intellect, and what used to be match some of the things said by my BOB PACKWOOD at that moment of called civic-mindedness. He is a pa- dear friend MARK HATFIELD and dear time said that he then had no choice triot, a devoted servant of his country. friend JOHN MCCAIN. but to remain in the Senate in order to The Almanac of American Politics ac- This remarkable career of BOB PACK- fight the charges from the firmest of curately described him as one of the WOOD’s public service will now end. The battlegrounds. most ‘‘legislatively accomplished of political story of his life will close on I remain terribly disturbed about the senators with a distinctive and consist- its final chapter. But other aspects of entire process. These are not personal ent set of principles he has backed for his life will go on. And we must not, we reflections upon members or any par- a quarter century.’’ cannot, and we should not forget the ticular member of the Ethics Commit- Every Member of this body knows extraordinary accomplishments and tee, I assure you. Oh, yes, yes, I know, the extent of his accomplishments. successes of this superior legislator we should brush all this past brooding They are vast even when compared to simply because of the maelstrom of aside because the feeding frenzy is now the records of other senior Members of negatives that have poured forth from on and the waters are now blood the Senate. On so many of the issues some who have chosen to act as judge, flecked and teeming with scissor- before the Finance Committee which jury, and executioner, at so many lev- teethed piranha. he so ably chaired, BOB PACKWOOD was els of our society. Where I personally get in a lot of considered the committee’s leading ex- He was the man who always fought so trouble in life is because of a simple pert. He has been for many years one of hard for women and their rights. No philosophy ingrained in me by a tough the Senate’s most effective advocates one can challenge that statement. He grandfather who practiced law and a for less regulation, freer trade, a sim- was the man who worked doggedly for dear and marvelous father who prac- pler and less burdensome tax code. civil rights and fairness and ticed law, who taught me the power I know that it pains him greatly to empowerment for the lesser people of and worth of that craft, and two stal- leave the Senate now that we are seri- society. He was the man, often the only wart sons who come now after me and ously addressing two problems to man, who carried the banner for wom- are practicing the very special profes- which he has devoted his considerable en’s reproductive rights when others sion of law. The best original advice energy and ability for years—welfare were unwilling to unfurl it. He was the was, ‘‘If anyone goes to jail, be sure it’s reform and saving Medicare. Both of man who fought for job equity and the your client.’’ these urgent and complex tasks will be crashing in of the glass ceiling for I liked that advice. I cherished that far more difficult to resolve absent BOB women in this country. Every single advice. But I learned a more important PACKWOOD’S leadership. thoughtful, activist women’s group was thing then, and it will always be so, But his broad intellect and keen once on his side ‘‘through thick or that there are always two sides, al- sense of service would not allow BOB thin,’’ at least until recent times. Then ways, always. We have only heard one. PACKWOOD to limit his work to only many of them consciously and cal- There is such a thing as due process those issues before the Finance Com- lously abandoned him, not willing to and fairness. That has not yet been mittee. They led him to participate consider even a shred of evidence por- completed. centrally in the debates over all the traying ‘‘his side’’ of the story. There are some stirring words in our major issues of our time. From the en- Now, please make no mistake here. I Nation’s founding documents and in all vironment to foreign policy, BOB PACK- am not defending what BOB PACKWOOD laws that take their breath of life from WOOD was a statesman—a distinguished did or did not do. I do not know the cir- those documents and what comes from statesman. cumstances of all of that, only what I them requires—no, certainly, it de- BOB is right. There is life after the have read and heard. And having prac- mands—that we must be able to Senate. And as he builds a satisfying, ticed law in real life for 18 years, it is confront our accusers; that we be able challenging, and interesting new life— my experience to pay guarded atten- to review and examine all papers and which I am confident he will do—Bob tion to what I read or hear. Justice, documents and witnesses that the can look back at his 27 years of Senate freedom, and due process depend on ‘‘prosecution’’ may deem relevant in service with enormous pride and satis- various rules of procedure and process. the case. We know that the process of faction. He has contributed more than There are few of such rules in the Sen- selecting evidence that is ‘‘relevant’’ or most to the welfare of his countrymen. ate or in the court of public opinion. ‘‘not relevant’’ does not rest with the He will have his regrets, as will we all. The Ethics Committee of the Senate parties but with an unbiased finder of But he cannot but feel that his country was established partly to avoid the fact. We cherish the law that any ac- is a better place for his service to it. travesty of a trial by the media. That cuser must at some point, in some pro- I commend him greatly for that serv- mission has now been seriously thwart- ceedings somewhere within the system ice; I grieve for him today; I regret this ed and twisted. of justice within this country, be re- moment’s arrival; I wish him good for- None of this recent crisis needed to quired to raise their right hand and tune, and say again, without reserva- have come to pass. I was serving as as- swear to God or make other affirma- tion: I am proud to call BOB PACKWOOD sistant leader of our party during a tion that what they are telling is the my friend. late night session in the month of No- truth, the whole truth and nothing but Mr. SIMPSON addressed the Chair. vember 1993. In the Chamber, we were the truth, and that person then, after The PRESIDING OFFICER. The Sen- debating and having a great public dis- affirming such an oath, is to be sub- ator from Wyoming. cussion of the issue of exercising the jected to cross-examination based upon Mr. SIMPSON. Mr. President, BOB Senate’s power of subpoena of one’s the rules of evidence and due process. PACKWOOD will soon be absent from us. most intimate, personal recollections, It is my understanding that 6 of the He is also my friend. He will always be one’s own diary. 19 accusers of Senator PACKWOOD have my friend. He was chairman of the Re- Late that night BOB PACKWOOD ap- not yet been identified in the media publican Senatorial Campaign Com- peared before Senator BOB DOLE and and do not wish even at this time to be mittee and helped to recruit me for myself in BOB’s office with his written publicly identified. Apparently, they this Senate post early in the year 1978. resignation in his hand, signed by him are to remain ‘‘unidentified’’ even to He has been loyal, steadfast, and true. and to be effective at 2 a.m. the follow- the extent of retaining that status as S 12800 CONGRESSIONAL RECORD — SENATE September 7, 1995 the committee releases the record of turn to the comfort and solace of our PACKWOOD was in the leadership at that the proceedings to date. own homes this night, visiting with time and conceived the idea of having Senator PACKWOOD indicates that a loved ones and friends and reflect upon retreats on the Eastern Shore where number of witnesses have come forward the sadness and tragedy of Senator BOB Republicans would get together and on his behalf because they have read PACKWOOD and of the victims—and I come up with plans for the future. It is about it or suddenly learned of the mean that—remember what can be BOB PACKWOOD who came up with the complaints against him on television asked and inquired of the accusers can idea of what is now the Republican or in the press. Additional witnesses also be the nature of an inquiry to the Senatorial Campaign Committee, with are not going to be able to come forth accused, which is this: How would you the Republican Senatorial Trust that as long as complainants remain un- feel if this were happening to you? he formed. When I ran for office, I re- identified. Perhaps there is yet some That is not a diversion. That is not a ceived a small amount of money from forum for Senator BOB PACKWOOD to clever phrase. That is not corny. It is the Republicans in the Senate, a very state ‘‘his side.’’ That will be his not naive. It is not uncaring. It is not modest amount. But BOB PACKWOOD choice, not mine. unresponsive. It is not the mumbling of really conceived the machinery that we So BOB PACKWOOD is leaving our a bald, emaciated 64-year-old Senator have now, and the result of the tremen- midst. We know not what the future from Wyoming who ‘‘just does not get dous funding that Republican can- will hold for him, but he is a fighter. it.’’ I have heard all of that guff before. didates at present are receiving. He has fought for women and their It is just something we should not for- Many have talked about his legisla- rights. He has fought for the lesser in get in life as we are pushed forward in tive achievements, but to my mind, the our society and for their rights. He is a the undertow of the immeasurable tide greatest single achievement in BOB true civil libertarian and his public life of the information age of a free society. PACKWOOD in legislative affairs was the should not be judged in parts but in The print and electronic media is now 1986 tax bill. That bill was absolutely sum total. He has conquered an afflic- playing all of the varied roles here- stalled, was going nowhere. It had tion that surely contributed to his tofore to be performed only by admin- come from the House, not much of a downfall, alcoholism. These last recent istrative and court tribunals. bill. It came over here. We argued with years have obviously been nightmarish There was a reason for the Ethics it. Everybody came up with sugges- for him and obviously also for his ac- Committee. It was to avoid a ‘‘public tions on how to reduce expenditures or cusers. hanging.’’ It was to avoid ‘‘frontier jus- how to have greater tax breaks. We all That is so true. But the Good Book tice.’’ It was to avoid ‘‘vigilante jus- competed with each other, took care of speaks of judgment and justice and tice,’’ if you will. That is one of the everybody in sight as the deficit rose truth and forbearance and tolerance reasons why it was created. Something and rose in our calculations. has surely gone awry. It will be up to and forgiveness, and we might draw on Then BOB PACKWOOD said, ‘‘That’s some of those timeless strengths and those of us remaining in the Senate to it.’’ It was he who came up with the attributes in judging this man. set the course anew. final program that we had. It was the And to my friend BOB PACKWOOD, God Very few of us in public service have 1986 tax bill. It was a Packwood tax bill bless you, Godspeed. You are loved by had a life unexamined, but now that that I and many others unanimously will be so to ever more degree. But how many. Thank you. [Applause in the galleries.] voted in the committee. I will never far back in life do we then go? As I The PRESIDING OFFICER. The gal- forget that evening. PAT MOYNIHAN was have said several times before, the AL lery will suspend. The Sergeant at there. Senator DOLE was there. When SIMPSON who was on Federal probation Arms is noted to restore order if there we finished that vote, a unanimous at the age of 18 is not the same AL are outbreaks in the galleries. vote, everybody stood and applauded SIMPSON standing here. The AL SIMP- Mr. CHAFEE addressed the Chair. the chairman of the committee for the SON who was thrown in the clink at age The PRESIDING OFFICER. The Sen- tremendous feat that he had accom- 20 for clubbing a guy around on the ator from Rhode Island. plished. streets of Laramie is not the same AL Mr. CHAFEE. Mr. President, I am So we will miss him. We will miss a SIMPSON standing here, although some- not going to review the bidding of why fine brain in this Senate. We will miss times the feelings are still burning we are here this afternoon, but I do him pacing across down in the well as down there. want to express my sentiments toward matters were debated and coming up [Laughter.] BOB PACKWOOD, for whom I have the and getting at his desk. Back and How far back do we go? Anyone here greatest respect and affection. forth. I will miss that distinctive walk want to go back in their life to 1969 to As Senator PACKWOOD mentioned, we he had, bent forward slightly as he see what you were up to? Check with have played 400 squash matches over charges over here. I will miss that so me. Come in. Let us have a visit about the past 12 years. Four hundred times much because we were very close that. we met at the squash club to play, and friends and will remain close friends, So if we in the Senate really are to in the game of squash—many may not and I will greatly miss him, as we all receive the same treatment, for this is know how it works, but you are very will. what the public is always demanding of dependent upon your opponent for call- Thank you, Mr. President. us, that we should expect the same ing whether a shot was fair or not. In Mr. MOYNIHAN addressed the Chair. treatment—no more and no less—than those 400 matches, never once—never The PRESIDING OFFICER. The Sen- our fellow men and women, then, pray once—did I have the slightest inclina- ator from New York. tell me why the statute of limitations tion or reason to say that what the call Mr. MOYNIHAN. Mr. President, I in any jurisdiction in America is no that BOB PACKWOOD made was other have not prepared any remarks for this longer than 6 years for offenses far than perfect. occasion, and I would be the first to as- more serious in nature than the ones Never once did I have any sense of sert that I am not especially prepared. charged against our brother from Or- questioning it, because I had total reli- Accordingly, to be brief, perhaps the egon. ance on him, and I still have that total more intense for that reason, to say That may be very difficult for some reliance and affection and respect for that in 18 years that we have shared to understand, but it is the truth. The him. this committee, as the Senator from statute of limitations is limited to 6 BOB PACKWOOD has one of the finest Rhode Island just said, they have been years in the most lenient of jurisdic- minds that I have seen since I have years of perfect trust between us and, tions and is an average of 3 years in been in the Senate. We have served to- on my part, profound admiration. most other jurisdictions, and yet they gether in the Finance Committee for 18 And just a moment’s good cheer. The have plumbed the scraps of life of BOB years, and it is BOB PACKWOOD who is Senator from Rhode Island will remem- PACKWOOD back to the year 1969. Where responsible for the Republican Party ber in those intense days leading up to does it all end? having as many Senators as we do the 1986 legislation, we would meet That would be a good question to ask here. each morning in Senator PACKWOOD’s ourselves, and many surely will not do When I first came to the Senate, office about 7:30 for coffee and plan the it in any public forum. But when we re- there were 37 Republicans, and BOB day’s strategy. If you would like to September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12801 know something about the Tax Code as Mr. SPECTER. Mr. President, this is as I said, the days of sharing with each it then was, it fell to me each morning a very sad day for many reasons. I other our family lifestyle when we first to read the service, as it were. I would think we are losing an outstanding came to Washington. Neither of us had find the previous day an advertisement Senator at a time when the Senate and a great deal of money. We did a lot of in the Wall Street Journal that said: the country needs his expertise very entertaining in our homes with one an- ‘‘Buy oxen, antelope’’—I do not know— badly. I join my many colleagues and other. ‘‘cattle, llamas * * * guaranteed express my sentiment about the friend- It is a time of change now, of great losses.’’ ship which I have enjoyed with Senator change. But change does not erase the And they would guarantee you losses PACKWOOD. I think that the Senate, the memories of good friendships, and it is and you could not but make money on country, Senator PACKWOOD, and the not a time to abandon those memories, the Tax Code. It was a scandal and the people who have registered complaints as far as I am concerned. country knew it. It is all gone now— about him would have been better I also remember the time when Sen- thanks to you, and thanks for so much served had there been public hearings. ator PACKWOOD flew up to Alaska in a else. There is just one line, perhaps of This is a view that I have always held Lear jet with me back in the days when help in the years ahead, of Dr. Johnson, and expressed with my vote in favor of Lear jets were not that safe, as I later who said, ‘‘How small, of all the ills those public hearings. found out in 1978. It was a long, hard that human hearts endure, that part I understand the business of the Sen- trip to fly to Alaska in a chartered which laws or kings can cause or cure.’’ ate. But I believe that we could have plane, because we had stayed here on This last spring Liz and I—your dear found the time here with many of the the floor of the Senate too long and Liz—went to Ephesus, where John took quorum calls, or perhaps on weekends, had an obligation to make a speech in Mary after the crucifixion. We saw or perhaps evenings, to have heard this Alaska and we did go up in a chartered Mary’s house and the site where John matter. I believe that America was en- plane. is buried in a basilica. We saw where titled to full disclosure. I believe the These memories come back in the Apostle Paul preached, and I can people who came forward with com- flashes, I think, to those of us as we sit think of only his lines from I Corin- plaints were entitled to be heard, and I and listen to developments that are thians: 13. ‘‘Now abideth faith, hope, think Senator PACKWOOD was entitled hard to understand, hard to com- and charity, these three; but the great- to have a defense. prehend, and difficult to deal with. est of these is charity.’’ I think that I, as a ‘‘juror,’’ a Sen- But, Bob, I want you to know that I The Greek—he was writing in ator, who had to pass on the issues, do cherish those memories. You have Greek—was ‘‘agape,’’ and in English we would have been prepared and better been a good Senator. I will not repeat translate it ‘‘love.’’ off had that been done. I have always the words that have been said on the Mr. President, I yield the floor. floor about the things we have worked Mrs. FEINSTEIN. Mr. President, I been opposed to plea bargains of any on here together. did not know Senator PACKWOOD well, sort. I understand the kind of pain that I know there is a group of Alaska Na- but I have watched him. I heard him on would have been involved had we gone tive people in my office waiting for me CNN last evening. I have heard him on through those hearings. But I think it now that, had it not been for the help other shows. I have listened to him, as would have served the institution well of Senator PACKWOOD, Senator MOY- the leader and the Senator from Wyo- and all of the parties well. I have had NIHAN and others, they would have suf- ming have pointed out, explain com- one other very painful experience with fered severe losses that would not have plicated issues in a vital and easily un- Senator PACKWOOD when I got six derstood way. I have listened as the stitches under my left eye a decade been recognized under the tax laws, heads of various women’s organizations ago. But I consider this day much more where other people had recognition of have indicated their respect for him painful. their net operating losses. Native peo- and for his long record of help. Mr. DOLE. Mr. President, I suggest ple, because of the strange hiatus in I recognize that service in this insti- the absence of a quorum. the Federal law, had not received the tution is not easy, that people are held The PRESIDING OFFICER. The recognition they should have had about to a standard, and after all, we are just clerk will call the roll. the ability to recover those losses mere reflections of everyone around us. The bill clerk proceeded to call the through the sale of them to other peo- We are complete with moles and warts roll. ple. and our own problems. So this is not a Mr. STEVENS. Mr. President, I ask It was the work of Senator PACK- happy day for me. I do not believe it is unanimous consent that the order for WOOD, Senator MOYNIHAN, and I remem- a happy day for the U.S. Senate. the quorum call be rescinded. ber Congressman Rostenkowski and I do believe it is a day of some cour- The PRESIDING OFFICER. Without others that recognized that inequity. It age and bravery on the part of Senator objection, it is so ordered. did lead to a tax loss. We admit that. PACKWOOD, because even those of us Mr. STEVENS. Mr. President, be- But that loss would have been there in who did not know him well know of his cause of other matters, I have not been any event but for the Federal law that love for this body—you could see it, it able to be on the floor during the state- they helped us change. is palpable, it is there—and his respect ments that have been made. I want to So times pass, and I find my heart for this body as an institution. I really comment about my friend from Oregon heavy with the decision made by Sen- think that kind of performance goes and his decision. I think it takes cour- ator PACKWOOD, but again in the posi- beyond any party label, and it goes be- age to face the facts, and Senator tion I hold now as chairman of the yond any trial and tribulation. PACKWOOD has. But like Senator DOLE, Rules Committee, I say that I spent My father used to always say to me, as I have walked through the building the day trying to figure out what we ‘‘Dianne, do not let a man be known for and through the Hall, I have been would do to handle a case of this mag- the last thing he does. Let him be thinking of the good times we have had nitude and of this complexity had he known for the best thing he does.’’ together. When we came here, particu- not made the decision. I think that is a legacy that hope- larly to the Senate, we had already So I think in the final analysis, the fully is being written here this after- met each other. As a matter of fact, I record should show that Senator PACK- noon. This is a sad day in a chapter of met BOB PACKWOOD at a picnic Presi- WOOD has saved the taxpayers of this history of the U.S. Senate, but it says dent Eisenhower had at his farm at country a great deal of money and one thing: We do have our failings, and Gettysburg, and one of the photographs saved the Senate a great deal of delay we do make our mistakes. But it is a that I cherish is a photograph of Sen- in a period of great change, where we sign of a wise man, and even a giant ator PACKWOOD, John Tower, and my- need to spend our time and devote our man, who stands and does what has to self standing there outside of the Ei- efforts to trying to find solutions for be done and goes on to fight another senhower home. the problems that really confront this day. We have had a long history of our country, very deep problems, problems, I thank you, Senator PACKWOOD, for a friendship and acquaintance. I am sad- I think, that the leadership Senator long and distinguished service to the dened that this day has come. But I PACKWOOD has given in the field of wel- U.S. Senate. want to really reflect on the good days, fare, Medicare, and tax reform will S 12802 CONGRESSIONAL RECORD — SENATE September 7, 1995 continue. The dynamics of his sugges- Mr. BROWN. Mr. President, I asked There can be no liberty where the legisla- tions will be carried out. The inertia of the bulk of the amendment be read, as tive and executive powers are united in the the Packwood move through the Fi- it just was, for a very simple purpose. same person or body or magistrates. nance Committee will continue, and It is a straightforward amendment. It Unless we adopt this amendment, strangely enough it will continue for is very basic. It simply calls for the you are going to have that power, both years to come without his being there. amount that is block granted under legislative and executive powers, com- Thank you. this bill to be spent in a manner in ac- bined in one person in six of our States. Mr. DOLE. I suggest the absence of a cordance with the laws and procedures In No. 47 of the Federalist Papers, quorum. for expenditures of the States’ own rev- Madison says this: The PRESIDING OFFICER. The enues. That may not sound like a revo- The accumulation of all powers, legisla- clerk will call the roll. lutionary or even controversial sugges- tive, executive and judiciary, in the same The assistant legislative clerk pro- hands, whether of one, a few, or many, and tion, but it is terribly important. whether hereditary, self-appointed, or elec- ceeded to call the roll. The core and essence of this welfare Mr. DOLE. Mr. President, I ask unan- tive, may justly be pronounced the very defi- reform is centered around the sugges- nition of tyranny. imous consent that the order for the tion that States and communities can That tyranny he talked about he quorum call be rescinded. do a better job in deciding how their The PRESIDING OFFICER. Without goes on to talk about in further depth funds are expended on welfare pro- when he says: objection, it is so ordered. grams assisting the poor than can a f From these facts by which Montesquieu centrally planned government, than was guided, it may clearly be inferred that in RECESS UNTIL 6 P.M. can a government thousands of miles saying, ‘‘There can be no liberty where the away from the action. It is the heart, legislative and executive powers are united Mr. DOLE. Mr. President, I move the at least in part, of what this welfare re- in the same person, or body of magistrates.’’ Senate stand in recess until 6 p.m. form is all about—the suggestion that The motion was agreed to, and at 5:36 Mr. President, that is the core of the money can be spent better by local lev- p.m. the Senate recessed until 6 p.m.; concern of this amendment. This els than it can be by the Federal level. amendment will simply provide, in whereupon the Senate reassembled Why would I raise this issue? The when called to order by the Presiding those six States where they do not now facts are that in six of our States it have it, that they will follow the nor- Officer (Mr. BENNETT). makes a difference. In 44 of our States mal legislative process. If we do not f the money is expended, as is provided adopt this, what we will in effect be FAMILY SELF-SUFFICIENCY ACT under the State’s own laws, generally doing is saying that the elected rep- in the same manner that the State’s The Senate continued with the con- resentatives of the people and the leg- own expenditures are allocated. But in sideration of the bill. islative branch will be ignored and Mr. BROWN addressed the Chair. six of our States a practice has been their priorities bypassed when it comes The PRESIDING OFFICER. The Sen- followed where the Governor alone de- to welfare reform under these block ator from Colorado. cides where block grant money is grants. We in this body have long rec- spent. AMENDMENT NO. 2465 TO AMENDMENT NO. 2280 ognized the difference between block If we believe that the States are bet- (Purpose: To provide that funds are expended grants and others where we have allo- in accordance with State laws and proce- ter able to decide how that money is cated the money ourselves. In categor- dures relating to the expenditure of State spent, then I think we have to be con- ical programs it has been normal to revenues) cerned about the situation in the ab- send the money back to the States, but Mr. BROWN. Mr. President, I rise to sence of this amendment. Literally, un- it has been sent back to the States offer an amendment and ask for its im- less this amendment is adopted, we will with guidelines from the Federal Gov- mediate consideration. see six of our States where the Gov- ernment, including elected legislators, The PRESIDING OFFICER. The ernor is allowed to both appropriate making the decisions on its allocation. clerk will report. the money, in effect decide where it is The prime difference between block The legislative clerk read as follows: to be spent, and administer that grants and the categorical grants is the The Senator from Colorado [Mr. BROWN], money; that is, distribute the money level of government which designs the for himself, Mr. MOYNIHAN, Mr. SIMPSON, Mr. and, as we will explore later on, even program. Under our block grants, the MURKOWSKI, Mr. KOHL, Mr. CAMPBELL, and have a strong voice in conducting the States design the programs. For cat- Mr. FEINGOLD, proposes an amendment num- audit of how that money is spent. egorical grants, most of the programs bered 2465. Literally, what we are doing, then, in are designed and established at the The amendment is as follows: those six States is giving into the Federal level. The State is to admin- At the appropriate place, insert the follow- hands of one person the ability to ap- ister the grant in accordance with Fed- ing: propriate, the ability to administer, eral directives. SEC. . EXPENDITURE OF FEDERAL FUNDS IN AC- and some significant control over the CORDANCE WITH LAWS AND PROCE- Mr. President, it makes sense that DURES APPLICABLE TO EXPENDI- audit of what they have appropriated when we move to block grants, that we TURE OF STATE FUNDS. and administered. This is contrary to allow the State legislative process to (a) IN GENERAL.—Notwithstanding any the very foundation of this country. It be part of this. other provision of law, any funds received by is contrary to the very theme of our This amendment is offered, not only a State under the provisions of law specified Constitution. It is contrary to those by myself but by Senator MOYNIHAN, in subsection (b) shall be expended only in accordance with the laws and procedures ap- philosophers who thought of our sys- Senator SIMPSON, Senator MURKOWSKI, plicable to expenditures of the State’s own tem and brought it to fruition. Senator KOHL, Senator CAMPBELL, and revenues, including appropriation by the Mr. President, any in this Chamber Senator FEINGOLD. State legislature, consistent with the terms who have read the very significant I believe the provisions of this meas- and conditions required under such provi- book of Senator BYRD, the distin- ure are broad and they are bipartisan. sions of law. guished Senator from West Virginia, I think they unite the interests of this (b) PROVISIONS OF LAW.—The provisions of cannot help but note not only his Congress, an interest that we ought to law specified in this subsection are the fol- musings about the history of our sys- have special recognition of. Would Sen- lowing: (1) Part A of title IV of the Social Security tem, but the intricacies of the Roman ators literally want to abdicate the Act (relating to block grants for temporary system. One of the lessons is the under- legislative responsibility to a chief ex- assistance to needy families). standing that there needs to be a divi- ecutive? Chief executives are respon- (2) Section 25 of the Food Stamp Act of sion of power. sible, are important members of our 1977 (relating to the optional State food as- I want to quote from some of our his- governmental functions, but they sistance block grant). torical documents because I think should not have combined with them (3) Subtitles B and C of title VII of this Act Members will find it interesting. In our (relating to workforce development). the legislative powers. (4) The Child Care and Development Block own Federalist Papers, Madison said it In addition to this, I want to draw Grant Act of 1990 (relating to block grants best. It is in No. 47, where he says the Members’ special attention to an- for child care). clearly: other factor in this bill. Under section September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12803 408 of the Dole amendment, it requires nities offered by the States, the in- your staff contact Sheri Steisel (624–8693) or States to conduct an annual audit of creased activity of State elected offi- Michael Bird (624–8686) for further assistance. expenditures under the Federal tem- cials, and the increased activity of in- Sincerely, porary assistance—AFDC, that is— terest groups at the State level. This JAMES J. LACK, State Senator, New York block grant. The auditor is required to increase is related to the expanded pub- and President, NCSL. be independent of the administering lic input opportunities established both State agency and approved by the U.S. in response to the Federal require- RESOLUTION SUPPORTING STATE AUTHORITY IN Treasury Secretary and the chief exec- ments as well as to the greater discre- WELFARE REFORM utive officer of the State. tion available to the States. Whereas, the 10th Amendment to the Con- Literally, what we are doing, then, is Mr. President, it is clear from follow- stitution of the United States reserves all we are allocating money to the States ing the background that this Congress powers not prohibited to the states nor dele- which, in some cases in effect, will be and independent advisory groups have gated to the United States to the states or to the people respectively, and; legislated or appropriated by a chief recognized the value over and over Whereas, the Constitution of the United executive, administered by that chief again of having elected State officials States neither prohibits power over welfare executive, and audited by someone that set the priorities. to the states, nor delegates power over wel- chief executive approves of. Or, put a Mr. President, this amendment is fare to the United States, and; different way, no one of which the chief straightforward. And it is basic. What Whereas, through the years the United it suggests is that we as a Congress States has assumed powers over welfare that executive does not approve can audit are inconsistent with the distribution of those funds. ought to make sure that the appro- powers between the United States, the This is untenable. I understand why priating function is performed by the states, or the people respectively under the some Governors may like this power, State legislatures or at least with re- United States Constitution, and; but I suspect, on reflection, many Gov- gard to the general standard of appro- Whereas, restoration of the Constitutional ernors will not like that power because priation that is followed by the States distribution of powers between the United what it gives them a special burden. themselves. States, the states or the people respectively It is endorsed by the National Con- should proceed at an expeditious pace to re- Some may say this is in line with what store the consistency of governing relation- we have done in the past. But let me ference of State Legislators. It is en- ships with the nation’s fundamental law, assure this body that it is not fully in dorsed by the National Speakers Con- and; line. Under the General Revenue Shar- ference. It is endorsed by the American Whereas, the welfare programs of the Unit- ing Act of 1972, Public Law 92–512, sec- Legislative Exchange Council. ed States have been largely unsuccessful, tion 123(a) addressed this. In subsection Mr. President, I ask unanimous con- enormously expensive and even counter-pro- sent to have printed in the RECORD the ductive to the welfare of recipients, and; 4 it said this: Whereas, the states are laboratories of de- It will provide for the expenditure of letters from and resolutions of these mocracy in which different policy ap- amounts received under subtitle A only in three bodies. proaches are tried, and the most successful accordance with the laws and procedures ap- There being no objection, the mate- policies are copied by states whose policy ap- plicable to the expenditures of its own reve- rial was ordered to be printed in the proaches are less successful, and; nues. RECORD, as follows: Whereas, restoration of state authority with respect to welfare is consistent with the In other words, the State government NATIONAL CONFERENCE OF fundamental democratic principle that gov- would have the ability to appropriate STATE LEGISLATURES, Washington, DC, August 4, 1995. ernment should be as close as possible to the those moneys under the same proce- people, and; Hon. HANK BROWN, dures that they follow now for their Whereas, the United States Senate Finance U.S. Senate, Washington, DC. own revenues. That is what we are ask- Committee has reported H.R. 4 which con- DEAR SENATOR BROWN: The National Con- tains language that would allow states to ex- ing in this amendment. It is consistent ference of State Legislatures is greatly ap- pend federal welfare funds ‘‘in any manner with the provision that Congress en- preciative of the leadership you have pro- that is reasonably calculated to accomplish acted in 1972 for general revenue shar- vided on a variety of federalism and inter- the purpose’’ of the bill, and; ing. governmental relations issues. Most re- Whereas, as reported by the United States In 1977 the Advisory Committee on cently, you were able to include language in Senate Finance Committee, H.R. 4 contains Intergovernmental Relations reported: H.R. 4 that reaffirmed the state legislature’s language requiring that federal funding for The commission recommends that the role in expending federal block grant funds. welfare be ‘‘expended only in accordance State legislatures take a much more active With the Senate about to undertake debate with the laws and procedures applicable to role in State decisionmaking relating to the on the Republican leadership’s welfare re- expenditures of the State’s own revenues, in- receipt and expenditures of Federal grants to form package, S. 1120, we wish to call upon cluding appropriation by the State legisla- the States. you again to ensure that state legislative ture,’’ and; Specifically, the Commission rec- policymaking and fiscal authority is in no Whereas, the above reference clauses in way compromised regarding any and all ommends that the legislatures take ac- H.R. 4 represent an important step toward block grants included in S. 1120. restoration of state authority with respect tion to provide for: inclusion of antici- As reported from the Senate Finance Com- to welfare; pated in Federal grants in appropria- mittee, H.R. 4 specifically stated that family Now therefore be it resolved, That the tion or authorization bills; prohibition assistance block grant funds received by the Board of Directors of the American Legisla- of receipt of expenditures of Federal state would be expended in accordance with tive Exchange Council urges the United grants above the amount appropriated the laws and procedures applicable to ex- States Senate to include the above reference without the approval of the legislature. penditure of the state’s own revenues. NCSL clauses in any welfare reform bill which it strongly encourages you to pursue insertion adopts. The recommendation goes on. of similar language in S. 1120, making it ap- But whether it is in the 1972 General plicable to all of the various block grants RESOLVING TO PRESERVE STATE LEGISLATIVE Revenue Sharing Act or the 1977 report and consolidations being considered, and AUTHORITY AND OVERSIGHT OF FEDERAL of the Advisory Commission, or the stands ready to assist you. Your language BLOCK GRANT FUNDS 1980 report of the U.S. Comptroller clearly reaffirms the roles that state law- Whereas, the National Speakers Con- General that dealt with the same sub- makers play in appropriating funds. We are ference represents the bipartisan and collec- concerned that giving governors direct con- ject, the theme is consistent. It was tive sentiment of the nation’s Speakers of trol over funds, even if it is optional with the House; and also a theme of provisions in the 1981 food stamps, could well violate state laws Whereas, the National Speakers Con- Omnibus Reconciliation Act, in the and practices. Your H.R. 4 language guaran- ference seeks to strengthen and preserve 1982 Job Training Act, and in the 1984 tees that there will be an open, deliberative state legislatures’ traditional appropriations U.S. Comptroller General’s report to process in expending any block grant mon- authority and oversight of all state expendi- Congress. There the subject was ad- ies. It does not change the governor’s role re- tures; and dressed, with this specific language— garding the state’s policymaking process and Whereas, the National Speakers Con- the public’s opportunity to influence it certainly ensures that the state legisla- ference recognizes that this authority is en- ture will be involved. shrined in our national and state constitu- State decisions for programs supported Thank you again for the leadership on and tions and is fundamental to the system of with block grant funds has been en- commitment you bring to these issues. NCSL checks and balances that defines the separa- hanced through the combined effects of is prepared to work closely with you as floor tion of power among the three branches of multiple public participation opportu- deliberations on S. 1120 proceed. Please have our government; and S 12804 CONGRESSIONAL RECORD — SENATE September 7, 1995 Whereas, the National Speakers Con- Mr. BROWN. It is precisely that in- morning at 9:30 unless it can be accept- ference believes that the appropriation and tent and more consistently constitu- ed. I understand there is no objection administration of block grants require the tional, I believe. on the Democratic side. full participation of both the legislative and Mr. MOYNIHAN. It seems to me, pre- Mr. MOYNIHAN. Not to my knowl- executive branches to develop and imple- ment effective policy; and cisely that. By constitutional proviso edge. Whereas, the National Speakers Con- the Congress guarantees to the States Mr. DOLE. There may be an objec- ference believes the most effective means of a republican form of government. I am tion. ensuring the full participation of the legisla- not sure whether this would fall under We are still looking for additional tive and executive branches of government is that admonition or injunction. amendments to be taken up this through the budget appropriation and ap- Mr. BROWN. Many of us were hopeful evening. We have agreed to amend- proval process; that admonition for a republican form ments on either side. I know the distin- Now, therefore be it resolved by the Na- guished manager on the other side does tional Speakers Conference, that the various of government meant just that. But Speakers of the House attending the Na- unfortunately, apparently it was not. not wish to offer his amendment this tional Speakers Conference in a bipartisan Mr. MOYNIHAN. I insist that repub- evening. We can lay it down. I think vote urge the United States Congress to sup- lican be with a small ‘‘r,’’ and at the that would take an hour, or 45 minutes, port the premise that all federal block time when Thomas Jefferson assumed tomorrow. grants received by the various states be ex- to run the democratic Republican Mr. MOYNIHAN. If it is agreeable, an pended only in accordance with the laws and Party. But we will not get into that de- hour and 30 minutes equally divided. procedures applicable to expenditures of the tail. Mr. DOLE. I have no objection to state’s own revenues, including appropria- that. tion by the state legislatures; and I would simply indicate that it would Be it further resolved, that the Conference be my disposition, absent any contrary Mr. MOYNIHAN. Will the Senator endorses the bipartisan amendment proposed information, to accept the amendment. from Nevada be generous enough to let by Senators Hank Brown of Colorado, Daniel If the Senator wishes a vote, of course us proceed with these technical mat- Patrick Moynihan of New York, Herb Kohl of that is his right. But I will defer to the ters for just a moment? Wisconsin, Frank Murkowski of Alaska and Senator from Colorado in this regard. The PRESIDING OFFICER. Does the Alan Simpson of Wyoming to the welfare re- Mr. BROWN. Mr. President, I would Senator from Nevada yield for that form bill; and be happy to have it accepted. I am ad- purpose? Be it further resolved, that the National Mr. REID. I do. Speakers Conference request the United vised there are Members who have con- States and the United States House of Rep- cerns about this. AMENDMENT NO. 2466 TO AMENDMENT NO. 2280 resentatives in any block grant legislation Mr. MOYNIHAN. So they would wish (Purpose: To provide a substitute that is enacted to ensure that the legislative to speak and perhaps to be heard. Very amendment) appropriating authority is protected; and well. I do believe we are at a point Mr. MOYNIHAN. Mr. President, I Be it further resolved, that copies of this where we may be reaching an agree- send an amendment to the desk in the resolution be transmitted to the Congres- ment on tomorrow’s schedule, Mr. second degree and I ask for its consid- sional delegations of the various states by eration. the Speakers of the House of those respective President. states. Mr. President, I see the distinguished The PRESIDING OFFICER. Without Approved this first day of September Nine- Senator from Nevada is on the floor. objection, the pending amendment of teen Hundred and Ninety-Five in Santa Fe, I yield the floor. the Senator from Colorado is tempo- New Mexico. Mr. REID addressed the Chair. rarily set aside, and the clerk will re- Mr. BROWN. Mr. President, I will re- The PRESIDING OFFICER. The Sen- port. serve the remainder of my time. ator from Nevada. The legislative clerk read as follows: Let me simply close with this Mr. REID. Mr. President, will the The Senator from New York (Mr. MOY- thought. As we give to the States an Chair inform the Senator from Nevada NIHAN) proposes an amendment numbered enormous grant of new authority and what the parliamentary status now is 2466 to amendment No. 2280. new responsibility, an ability literally on the Senate floor? Mr. MOYNIHAN. Mr. President, I ask to appropriate the funds and allocate The PRESIDING OFFICER. The Sen- unanimous consent that reading of the the funds that have been taken by the ator from Colorado is on a second-de- amendment be dispensed with. Federal Government, I think it is in- gree amendment. The PRESIDING OFFICER. Without cumbent upon us to make sure that is Mr. REID. There is no time agree- objection, it is so ordered. done wisely, and it is done well. To ment? (The text of the amendment appears suggest that we are going to con- The PRESIDING OFFICER. There is in today’s RECORD under ‘‘Amendments centrate in the hands of one person, no time agreement. Submitted.’’) the Governor, the ability to both ap- Mr. REID. Mr. President, I ask unan- Mr. MOYNIHAN. Mr. President, in propriate and administer and have a imous consent that the remarks I accordance with the agreement, such control over the audit is unacceptable. make appear elsewhere in the RECORD as it will be reached between leaders, I This amendment gives the States the so as not to interfere with the debate yield the floor with the understanding ability to preside over this money just on this amendment. that we will take this matter up to- as they do with their own money that The PRESIDING OFFICER. Without morrow. they raise. objection, it is so ordered. Mr. DASCHLE. Will the Senator from I urge the adoption of the amend- Mr. DOLE addressed the Chair. Nevada yield? ment. The PRESIDING OFFICER. The ma- Mr. REID. I am happy to yield. Mr. MOYNIHAN. Mr. President, may jority leader. Mr. DASCHLE. Just for clarification I thank the Senator from Colorado for Mr. DOLE. Mr. President, I wonder if of the schedule this evening, it is the offering this amendment which appears we might be able to get the yeas and leader’s intention to take up the Moy- to this Senator, and I believe to most nays on the Brown amendment. We will nihan amendment tomorrow and have Senators on either side of the aisle, as set that vote for tomorrow morning. other amendments offered if we can appropriate, and necessary because The PRESIDING OFFICER. Is there have them laid down tonight but no ad- there are principles involved. objection to the request? ditional amendments would be voted I am sure the Senator from Colorado Without objection, it is so ordered. upon tonight? agrees that constitutional government Mr. DOLE. Mr. President, if we could Mr. DOLE. That is correct. I know is a division of powers, and always con- ask for the yeas and nays on the Brown Members are going to want to be leav- templates that resources will be reve- amendment. ing fairly early tomorrow afternoon. It nues. These are revenues to State gov- The PRESIDING OFFICER. Is there a is not going to be possible unless they ernments that will be allocated in ac- sufficient second? are willing to come to the floor tonight cordance with agreements in the legis- There is a sufficient second. and debate the amendments and have lative branch and the executive branch. The yeas and nays were ordered. the votes tomorrow morning. We are That is the intent of the Senator’s Mr. DOLE. We will have an agree- searching on our side if we can ask the amendment. ment to have that vote tomorrow leader to search on his side. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12805 Mr. DASCHLE. If the Senator from two freshmen elected to the Nevada body for the time that they spent on Nevada will yield, let me urge my col- State Legislature in 1969. this very thankless job. leagues. We have been polling our Not only did he have a successful and Mr. President, I, of course, have Members and have been told that we distinguished career as a private attor- talked in detail about Senator BRYAN have about 130 amendments. If we have ney, but he also served in the Nevada and the person that he is. If I knew the that many amendments, there is no State Legislature as an assemblyman other five members as well as I knew reason why tonight we cannot have a and as a Nevada State senator. He Senator BRYAN, I am sure that I could good debate on some of these amend- served as attorney general of the State say the same things about them and ments. I would like to see a couple of of Nevada. He was elected twice to be the difficulty they had in arriving at them offered and debated tonight. The Governor of the State of Nevada and the decision they did. I am sure that if ranking member is here and prepared has been elected twice to be a U.S. Sen- I had spent the time with them as I to work with any of our Members on ator from the State of Nevada. have with Senator BRYAN, I could tell this side. So I hope we can do that. If The reason I mention this is I think, by their demeanor, I could tell by the we have that many amendments, there in the events that have taken place looks on their faces the consternation is no reason why at 6 o’clock tonight today, those six members of the Ethics and the difficulty they had in doing the we do not have more of an opportunity Committee who have toiled months work that they did on this case. to discuss some of these important and months have been kind of forgot- Mr. President, there is no way to matters. ten about. This was a job not sought by compliment and applaud these gentle- So I really urge all of our Democratic Senator RICHARD BRYAN, who was men and the lady who serve on this colleagues to cooperate in good faith chairman of the Ethics Committee. In committee in an adequate fashion, but and to come to the floor. This is a good fact, he took the job at his peril. He I, I hope on behalf of the entire Senate time to be offering the amendments, was running for reelection when then and the people of this country, express and we will accommodate Senators as majority leader George Mitchell asked to them my appreciation and our ap- they come to the floor. him to do his duty as a U.S. Senator preciation for doing what they did in Mr. DOLE. If the Senator from Ne- and accept this task, this ordeal, to be this case, that is, working the long, vada will yield further, I make the chairman of the Senate Ethics Com- hard, tireless hours they did and arriv- same request. This is normally the late mittee. ing at a decision that only they could evening, Thursday evening, and we I have never talked to Senator BRYAN arrive at. have not announced any votes this about the facts of the case that has Mr. President, in 1882, a member of evening but we are prepared to do that been before this body today. But I the very small Nevada Supreme if we can have the cooperation of Mem- know RICHARD BRYAN. I know him well. Court—there were three members of bers, if they just come to the floor, de- He and I have been friends for 30-odd the supreme court in 1882—in a case bate the amendment, with the excep- years or more. And I know how this cited at 106 U.S. 154, Justice Bradley tion of the amendment of the Senator case has weighed on him. I see it in his said in that case these words that I from New York, and then we can agree face. I see it in his demeanor. As I have think apply to what has taken place to vote on those tomorrow morning. indicated, I have never discussed the here today: ‘‘The event is always a Following the votes, we would take case with him. But I know Senator great teacher.’’ up the amendment of the Senator from BRYAN well, I repeat. I know that his Mr. President, the event that has obligation was to be fair to the vic- taken place today has been a great New York [Mr. MOYNIHAN], with 11⁄2 hours equally divided for debate. So we tims, to be fair to the accused and to teacher for us all and will be in the fu- will put out a hotline on this side, and this institution and, of course, the oath ture. this is the time to offer amendments. that he took as a Senator. Mr. NICKLES. Mr. President, I sug- We had 70-some on our list. You have, The time that he spent on this case gest the absence of a quorum. say, 150. If there are 200 amendments could have been spent working on The PRESIDING OFFICER. The out there, there ought to be somebody other issues, could have been spent clerk will call the roll. willing to come to the floor at 6:20 on with his family and his friends, but he The legislative clerk proceeded to a Thursday evening—it is not even spent not minutes, not hours, not days, call the roll. dark outside—and offer some amend- not weeks but months on this case. f When the elections took place last ments. We are prepared to do business. fall, Senator BRYAN became the rank- FAMILY SELF-SUFFICIENCY ACT I know the Presiding Officer is very ing member of the Ethics Committee, pleased to be here, and we will do our The Senate continued with the con- and Senator MITCH MCCONNELL became best. I thank my colleague. sideration of the bill. chairman of the Ethics Committee. Mr. REID addressed the Chair. Mr. DEWINE. Mr. President, I ask Mr. President, I think that we, as unanimous consent that the order for The PRESIDING OFFICER. The Sen- Members of the Senate, should all ac- the quorum call be rescinded. ator from Nevada. knowledge the work done by the Ethics The PRESIDING OFFICER. Without f Committee. I am speaking of my objection, it is so ordered. friend, Senator BRYAN. I am doing that Mr. DEWINE. Mr. President, I rise SENATOR BRYAN’S WORK ON THE because I know him so well. I know the today to discuss three amendments ETHICS COMMITTEE time that he spent. I know his back- that I intend to propose later in regard Mr. REID. The first criminal jury ground. I know what a good person he to this bill we are engaged today, this trial that I had involved a burglary is and how fair he tries to be with ev- week, and probably into the next week case. As I recall, the jury trial took erybody in everything that he does. with one of the most fundamental re- about 3 or 4 days. The reason I remem- Now, I can speak with more author- forms of the welfare system in over a ber the case so clearly is that I was the ity and certainty about Senator BRYAN generation. It really is a debate of attorney representing the defendant, than I can the other five members of great historic importance to not only the person charged with the crime. The the Ethics Committee, but these other the people who are on welfare, but to prosecutor of that case was RICHARD five individuals coming from their var- all Americans. BRYAN, then a young deputy district ied backgrounds and experiences led to The millions of Americans who are attorney in Clark County, NV. It was a this Ethics Committee that had a sense trapped in the cycle of welfare depend- good case. We had two young lawyers of duty. It was bipartisan in nature, ency need a way out. As we work on who had a real good battle in the and being bipartisan in nature reached this bill, I believe that we have to courtroom. a conclusion in this most difficult case. make absolutely sure that as we do Senator RICHARD BRYAN was an out- Senators MIKULSKI and DORGAN on the this, we do, in fact, give them a way standing lawyer. He was the first pub- Democratic side and Chairman MCCON- out and not just put them into another lic defender in the history of the State NELL, Senators CRAIG and SMITH are revolving door. of Nevada. He and I took the Nevada also to be given appreciation by this The purpose of the first amendment bar together in 1963. We were the only Senator and I hope the rest of this that I will offer will be to make sure S 12806 CONGRESSIONAL RECORD — SENATE September 7, 1995 that the States tackle the underlying come a full-fledged welfare client. It the more difficult welfare cases: the at- problem of the welfare system. Quite just makes common sense. If we as a risk people who need very intensive frankly, Mr. President, too often wel- society can intervene early, it is going training and counseling if they are ever fare ends up being quicksand for people to be cost-effective and it is going to going to get off welfare. instead of a ladder of real opportunity. work and it is going to make the dif- It will not do us any good as a soci- The underlying bill that we are work- ference in people’s lives. ety to pat ourselves on the back be- ing on will certainly help change that Under the bill as written, States are cause people are leaving AFDC, if at and helps change it by creating a work really given no incentive to make the very same time an even greater requirement that will help boost wel- these efforts to help people. If anything number of people are getting on the fare clients into the economic main- under the bill, there really is a dis- welfare rolls, and if the ones getting on stream of work and opportunity. incentive to do this. If a State takes an are an even tougher group than the We need to help people get off wel- active, aggressive, successful effort to ones who got off. fare. One very important way we can help people stay off welfare, then the The American people demand a much do this is by helping them avoid get- really tough welfare cases will make up more fundamental and far-reaching so- ting on welfare in the first place, and an increasingly larger proportion of lution. They demand real reductions in that is one thing that sometimes we the remaining welfare caseload, and the number of people who need welfare. miss in this whole debate about wel- that will make the work requirement Reducing the number of people on fare. We do need to worry about how to much tougher for a State to meet. welfare is certainly going to be a very get people off welfare. But if we can Under this bill as written, there is in- tall order. Since 1988, only half a dozen take action as a society that keeps centive really to wait to help people, to States or so have really managed to re- them from ever going on welfare, that wait, to wait until they are actually on duce their caseload. One of them, Wis- is a great accomplishment as well. It welfare. Then the States can get credit consin, has managed a very significant will not only do society a lot of good, for getting people off welfare. That reduction. It is going to be tough, but but it will be very important to the in- really does not seem to me to be the it is absolutely necessary. dividual who we are talking about. right way to do it or the right incen- This issue simply must be faced, and So this brings me to the specific pro- tive. it will be faced with all the creativity posal contained in my first amend- If States divert people from the wel- at the disposal of the 50 States, 50 lab- ment. fare system by helping them stay off oratories of democracy. This amendment would give States welfare in the first place, then the peo- How are States going to do it? There credit for making real reductions in ple who stay on welfare will tend to be are probably as many ways of doing it their welfare caseload, not illusory re- more hardcore, more hard-to-reach as there are States. I think that is one ductions based on just ordinary turn- welfare clients, and that will make it of the positive things about the under- over. more difficult for States to meet the lying bill. What am I talking about? Since 1988, work requirement. There is no single best answer. That 14 million Americans have gone off That, Mr. President, really is exactly is the key reason why we need to give welfare—14 million. Yet, during that the opposite of what we should be try- the States the flexibility to experi- same period, there has been a 30 per- ing to do. My amendment would elimi- ment. In Wisconsin, for example, the cent net increase in the welfare case- nate this truly perverse incentive. My Work First Program, with its tough load. What this tells us is there are a amendment would lower the work re- work requirement, has reduced applica- lot of people going on, a lot of people quirement that States have to reach by tions to the welfare system. That is a going off, but we are getting more peo- the very same amount that the States promising approach. We have to do ple coming on than are going off. have reduced their welfare caseload. other things, such as reduce the num- So we have to make absolutely sure Helping citizens stay off welfare is ber of out-of-wedlock births and get rid that we keep our eye on the ball and, just as important as making welfare of the disincentives to marriage. really, the ball that we are trying to clients work, just as important as mov- The bottom line is this, Mr. Presi- keep our eye on is the objective of ing people off welfare. Indeed, the rea- dent: We have to solve the problem and keeping people out of the culture of son we want to make welfare clients not ignore it. States should be encour- welfare dependency. work in the first place is, of course, to aged to take action. But they should be Under the bill, States will have to help them get off welfare. But—and encouraged to take action early to meet a work requirement, and that is this is a very important provision in keep people off of welfare, to help them good. But I think this policy will have my amendment—we cannot allow this before they drop into the welfare pit. I an unintended side effect, a side effect new incentive that I propose for case- believe this is the compassionate thing that I believe my amendment will help load reduction to become an incentive to do. I believe it is the cost-effective cure. for the States to ignore poverty. thing to do. If there is a work requirement, Under my amendment, States will be My staff and I, Mr. President, have States certainly will have an incentive given no credit for caseload reductions spent a considerable amount of time to try to meet that requirement. If achieved by the changing of eligibility talking to the people who run Ohio’s States face the threat of losing Federal standards. Ignoring the problem of pov- welfare operation, both at the county funding for failing to meet the work re- erty, Mr. President, will certainly not levels and at the State level. One of the quirement, I am afraid that they could make it go away. Arbitrarily kicking problems that they have continued to easily fall into the trap of judging their people off of relief is not a solution to talk to me about is just what I have welfare policies solely—solely, Mr. welfare dependency, and States should talked about, and that is, that what we President—by the criterion of whether not—I repeat, not—get credit for really need to do is keep people off of or not they help meet just that work changing their eligibility to meet this welfare. We do not want to be in the requirement. objective. situation that I used to find years and I believe that what we have to re- Welfare reform block grants are de- years ago when I was practicing law member is that the work requirement signed to give States the flexibility and when I was county prosecuting at- is not an end in and of itself. Our goal they need to meet their responsibil- torney, where we would have situations must be to break the cycle of welfare ities. They have to have more flexibil- where people were having problems, dependency, and we have found that ity. But they must not become an op- where people needed help—either job helping people stay off AFDC, never portunity for the States to ignore their training, or education, or just a little going on, through tools used by the responsibilities. States do need to be help to tide them over—and they could Government—job training, job search rewarded for solving the problem. Giv- not get that help. What the welfare de- assistance, rent subsidies, transpor- ing States credit for real reductions in partment would have to tell them is, tation assistance, and other similar caseload will provide this reward. wait until you get the eviction notice, measures—is a cheaper way of doing I believe this amendment will, in wait until they start putting your this than simply waiting for the person fact, yield another benefit. It will en- clothes and everything else out on the to fall off the economic cliff and be- able States to target their resources on street, then we can help you, then you September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12807 can get on welfare. And once you get Mr. President, we need this rainy day DEWINE, for an excellent statement. on welfare, all these things will happen fund, and we need to make sure that it His experience as a Congressman, his and you will get all these benefits. Our is not abused. experience as Lieutenant Governor of director, in the State of Ohio, of wel- Let me turn to the third amendment the State of Ohio, as well as a Senator, fare, Arnold Tompkins, makes an anal- I intend to offer. It has to do with a gives him a perspective that may be ogy to a light. He says you go up with subject that has troubled me in this better than most because he has been the switch or down, and you are either country for many, many years, and involved in administering these pro- on welfare or you are not. If you are on that is the issue of child support and grams. I think he has had some very it, you get all these benefits. If you are child support enforcement. When I dis- constructive, positive ideas that are not, you do not get the benefits. We cuss this issue, I again have to go back, really invaluable. I hope our colleagues have a difficult time giving people in my own mind, at least, to my experi- will pay attention. I compliment my some help to stay off of welfare. ence as a county prosecuting attorney. friend for his remarks. I think what we must make sure we One of my jobs, of course, was to try to I would also like to say at this time are doing when we pass this bill—which enforce the child support enforcement that we requested a list of amend- is a very, very good bill, and one of the laws. Mr. President, the third amend- ments, and the numbers were floating reasons it is a good bill, it has a realis- ment really is an attempt to make it around, whether there was 50 amend- tic work requirement in it. One of the easier for States to crack down on ments, 60 amendments, or 70 amend- things we have to make sure we are deadbeat parents. We are all aware ments. doing is allowing the States the flexi- that one of the key cost causes of our We are very willing to take up those bility and giving them some incentive social breakdown is the failure for par- amendments, see if we can incorporate to try to take the actions early on ents to be responsible for their own those amendments into the substitute which will prevent someone actually children. The family ought to be the bill that will be offered tomorrow, or from ever going on welfare. We must school for citizenship—preparing the have people offer their amendments. make sure that we, as we write this children for responsible and productive They can debate them. We will set bill, give the States credit for having lives. When the parents do not do that, aside the amendment and vote on the done that. it is very difficult for society to step in amendment tomorrow. Let me turn to the second amend- and fill the gap. If colleagues have amendments that ment that I intend to propose. It has to We need to reconnect parenthood and they would like to be considered and do with a rainy day fund. This amend- responsibility. We need to help States disposed of, and frankly I think we are ment is a very simple one. It is a rec- locate these deadbeats, establish sup- going to be more favorably disposed to- ognition of economic realities. When a port orders for the children, and en- night than we will be later on Friday State faces a recession, a number of force the orders. and certainly on Monday and Tuesday. things happen. One of them is that the My amendment attempts to address I encourage colleagues if they have welfare caseload goes up. The other this problem in two ways. First, it pro- amendments to please bring those to thing that always happens is the reve- vides for a more timely sharing of in- the floor and we will try to assist in nues going into the State go down. formation with the States. Today, the any way we can as far as disposing of It is as simple as that. When States Federal Parent Locator Service, in the them. are in the middle of a serious recession, U.S. Department of Health and Human Mr. President, I suggest the absence they are reluctant to borrow from a Services, gives the States banking and of a quorum. loan fund because they are, frankly, asset information about potential The PRESIDING OFFICER. The afraid they will be unable to pay the deadbeats on an annual basis, only clerk will call the roll. money back. I do not blame them. I be- once a year. The legislative clerk proceeded to lieve that we need an unemployment Mr. President, talk to the people who call the roll. contingency grant fund to make sure have to track down these deadbeats, Mrs. FEINSTEIN. Mr. President, I that when a recession hits, the Federal and they will tell you and other Mem- ask unanimous consent that the order Government will remain a partner in bers of the Senate how difficult that for the quorum call be rescinded. the process of taking care of the wel- process is. As I mentioned, I used to do The PRESIDING OFFICER. Without fare population. You will notice I say this when I was a county prosecutor. If objection, it is so ordered. ‘‘partner.’’ you have to wait a whole year to get Mrs. FEINSTEIN. Mr. President, I It should be just as clear, Mr. Presi- information about a deadbeat, there is understand there is a pending amend- dent, that this rainy day fund must not a pretty good chance that that dead- ment. I ask unanimous consent that become a back door to the re-Fed- beat is going to flee your jurisdiction. the amendment be set aside. eralization of welfare. The threshold The information that you get may be The PRESIDING OFFICER. Without for disbursements from this fund, I be- up to a year old—or even more—and objection, it is so ordered. lieve, has to be tough. And the thresh- will simply not be information that AMENDMENT NO. 2469 TO AMENDMENT NO. 2280 old in my amendment is, in fact, tough. will do any good. (Purpose: To provide additional funding to It has been described as follows: A My amendment is simple. It would States to accommodate any growth in the State, under my amendment, will not change that reporting requirement number of people in poverty) qualify if it has a ‘‘cold.’’ It will only from an annual basis to a quarterly Mrs. FEINSTEIN. Mr. President, I qualify if it has ‘‘pneumonia.’’ basis. send an amendment to the desk. It is my hope that this amendment Mr. President, these child support en- The PRESIDING OFFICER. The will not be controversial. I believe it is forcers are involved in a very difficult clerk will report. a necessary precaution for the inevi- but a very important job. I believe that The legislative clerk read as follows: table downturns in the economic cycle. we should cut—by 75 percent—the The Senator from California [Mrs. Under this amendment, the State has amount of time they have to wait for FEINSTEIN] proposes an amendment num- to meet two conditions to qualify for this very important information. bered 2469 to amendment No. 2280. aid from this fund. First, it has to Mr. President, I look forward to the Mrs. FEINSTEIN. Mr. President, I maintain its welfare effort at the fiscal debate on these and the other amend- ask unanimous consent reading of the year 1994 level. And unemployment has ments offered by my colleagues. I be- amendment be dispensed with. to be two percentage points higher lieve that we have a great opportunity The PRESIDING OFFICER. Without than in the previous year. States will in this year’s welfare reform bill—an objection, it is so ordered. then have to match these Federal funds opportunity to change the direction of The amendment is as follows: at the same rate as the matching for- welfare and to really change the direc- mula for Medicaid. And they will have Beginning on page 17, line 16, strike all tion of this country. through page 21, line 3, and insert the follow- to maintain their own effort. This is a Mr. President, I yield the floor. ing: tough requirement, but I believe it is Mr. NICKLES. Mr. President, first, I ‘‘(3) SUPPLEMENTAL GRANT AMOUNT FOR fair, and I believe that it will be of im- would like to compliment my friend POVERTY POPULATION INCREASES IN CERTAIN mense help to the States. and colleague from Ohio, Senator STATES.— S 12808 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘(A) IN GENERAL.—The amount of the grant census of population under section 141(a) of tion for use of this money under the payable under paragraph (1) to a qualifying title 13, United States Code (subject to such language of the Dole bill, and that is State for each of fiscal years 1997, 1998, 1999, periodic adjustments as may be necessary to irrespective of their actual growth of and 2000 shall be increased by the supple- compensate for inflation and other similar in poor youngsters. And, it excludes mental grant amount for such State. factors). ‘‘(B) QUALIFYING STATE.—For purposes of ‘‘(vi) CONSULTATION.—The Secretary shall many States that will experience this paragraph, the term ‘qualifying State’, consult with the Secretary of Education in growth in their caseloads. with respect to any fiscal year, means a carrying out the requirements of this sub- Under the Dole bill, 19 States receive State that had an increase in the number of paragraph relating to school districts. automatic additional funding, 2.5 per- poor people as determined by the Secretary ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— cent of the fiscal year 1996 grant in under subparagraph (D) for the most recent There are authorized to be appropriated to each of the years 1997 to the year 2000 fiscal year for which information is avail- carry out this subparagraph $1,500,000 for if, first, their State’s welfare spending able. each of fiscal years 1996 through 2000. is less than the national average level ‘‘(C) SUPPLEMENTAL GRANT AMOUNT.—For Mrs. FEINSTEIN. Mr. President, I of State spending and, second, popu- purposes of this paragraph, the supplemental rise today to offer an amendment that grant amount for a State, with respect to lation growth is greater than the aver- any fiscal year, is an amount which bears would provide additional funding to age national population growth. the same ratio to the total amount appro- States to accommodate growth which In addition, for reasons which are un- priated under paragraph (4)(B) for such fiscal may occur in their welfare caseloads. clear, certain States are deemed as year as the increase in the number of poor Legislation which provides the basis qualifying if their level of State wel- people as so determined for such State bears for this amendment is included in the fare spending is less than 35 percent of to the total increase of poor people as so de- welfare reform bill already passed by the national average level of State wel- termined for all States. the House of Representatives entitled ‘‘(D) REQUIREMENT THAT DATA RELATING TO fare spending per poor person in fiscal H.R. 4, the Personal Responsibility THE INCIDENCE OF POVERTY IN THE UNITED year 1996. As I understand it, only two STATES BE PUBLISHED.— Act. States qualify. Mississippi and Arkan- ‘‘(i) IN GENERAL.—The Secretary shall, to Title 1 of that bill includes a supple- sas are the only two States that would the extent feasible, produce and publish for mental grant to adjust for population qualify under that portion of the draft- each State, county, and local unit of general increases. In the House version, the ing. purpose government for which data have grant is $100 million annually for each This formula penalizes States which been compiled in the then most recent cen- of fiscal years 1997, 1998, 1999, and the have traditionally had higher levels of sus of population under section 141(a) of title year 2000. 13, United States Code, and for each school State welfare spending. So, in other district, data relating to the incidence of In the Dole bill, the supplemental words, if you have been a high benefit poverty. Such data may be produced by grant is $877 million over 5 years. The State, you are actually penalized by means of sampling, estimation, or any other House supplemental grant is distrib- the bill. And, it rewards States, irre- method that the Secretary determines will uted to States based on each State’s spective of their projected, or actual, produce current, comprehensive, and reliable proportion of the total growth. How- population growth or decline. data. ever, the Dole bill handles this formula I must say I am astonished that ‘‘(ii) CONTENT; FREQUENCY.—Data under in a very complicated manner which many States which are projected to this subparagraph— only benefits 19 out of the 50 States. ‘‘(I) shall include— have significant increases in their poor ‘‘(aa) for each school district, the number Frankly, by providing zero funding populations do not meet the definition of children age 5 to 17, inclusive, in families for growth, it does in the State of Cali- required by the Dole bill. It leads me to below the poverty level; and fornia. I have got to make that very conclude that this supplemental grant ‘‘(bb) for each State and county referred to clear. is not necessarily to accommodate in clause (i), the number of individuals age 65 The amendment I am proposing growth at all. or older below the poverty level; and today takes the same approach, as the Federal taxpayers are being asked to ‘‘(II) shall be published— legislation that passed the House of ‘‘(aa) for each State, annually beginning in spend almost $1 billion over 5 years in 1996; Representatives, with respect to the name of growth. But, in fact, the ‘‘(bb) for each county and local unit of gen- growth, and would apply it to the Dole result is that States which, until now, eral purpose government referred to in bill. California, which is projected to have spent less than the average in as- clause (i), in 1996 and at least every second experience a significant growth in its sisting the poor will now be subsidized. year thereafter; and poor population over the next 5 years, So, until now, they have not spent ‘‘(ccb) for each school district, in 1998 and under the present draft of the Dole bill, much, and, now, they are going to be at least every second year thereafter. would receive zero—zero. ‘‘(iii) AUTHORITY TO AGGREGATE.— subsidized by the taxpayers of all 50 ‘‘(I) IN GENERAL.—If reliable data could not There is no additional cost associated States. What kind of a bill is that? otherwise be produced, the Secretary may, with this amendment. In fact, there is Let me take a moment to review for for purposes of clause (ii)(I)(aa), aggregate some reason to believe that this meth- you what some of the benefit levels school districts, but only to the extent nec- od of accommodating growth equitably have been from some of the States who essary to achieve reliability. and objectively among all States might will be beneficiaries of this so-called ‘‘(II) INFORMATION RELATING TO USE OF AU- result in some cost savings when com- growth fund. In Mississippi the maxi- THORITY.—Any data produced under this pared to the underlying bill. In any clause shall be appropriately identified and mum monthly AFDC benefit for one- shall be accompanied by a detailed expla- event, the authorization of appropria- parent families with two children has nation as to how and why aggregation was tions, for the supplemental grant for been $120. That is $120 in combined Fed- used (including the measures taken to mini- each of the fiscal years, remains the eral-State AFDC grants. In Alabama, mize any such aggregation). same as in the Dole bill, and distribu- the combined maximum has been $164. ‘‘(iv) REPORT TO BE SUBMITTED WHENEVER tion of the additional funds is capped In Texas, the maximum benefit has DATA IS NOT TIMELY PUBLISHED.—If the Sec- by those amounts which total $877 mil- been $188. In Tennessee, $185. Louisi- retary is unable to produce and publish the lion over 5 years. ana, $190. Arkansas, $204. Kentucky, data required under this subparagraph for I would add another point. All States any county, local unit of general purpose $228. government, or school district in any year will be held harmless under this legis- Let us look at one or two States with specified in clause (ii)(II), a report shall be lation. That is to say, no State’s grant similar benefit levels. In Indiana, the submitted by the Secretary to the President will be reduced if the State experiences monthly benefit is $288. In Missouri, it of the Senate and the Speaker of the House a decline in its poor population. But is $292. But even though these levels of Representatives, not later than 90 days be- each and every State which experiences are similar to other States, they will fore the start of the following year, enumer- an increase in its poor population will receive nothing, zero, zip—nothing—to ating each government or school district ex- receive a corresponding increase in its accommodate any increase in their cluded and giving the reasons for the exclu- Federal grant to help them carry out poor populations. Why? Who would sion. ‘‘(v) CRITERIA RELATING TO POVERTY.—In the mandates of this legislation. draw this kind of growth formula? carrying out this subparagraph, the Sec- Let me briefly contrast this with the Let us look now at some high growth retary shall use the same criteria relating to approach in the underlying bill. As I States. Let us see what they get— poverty as were used in the then most recent said, only 19 States, meet the defini- Washington, for example. While the September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12809 Bureau of the Census projects a general is very difficult for anyone to argue for growth States, and under her pro- population growth of almost 10 per- against that. posed distribution it would increase cent, the Dole bill provides zero fund- I ask unanimous consent that the benefits under that portion of the fund ing for growth. Idaho is projected to amendment be temporarily set aside. to 27 States as compared to 10 States. experience a general increase in its Mr. NICKLES. If the Senator from In other words, under the Dole pro- population of almost 11 percent, Mr. California will yield, I appreciate her posal. President. Is it a growth State under amendment, and I want to thank her Mrs. FEINSTEIN. As compared to 19 the Dole bill? The answer is no. Fi- for coming to the floor and offering her States. The Dole proposal, as we under- nally, let us take a look at California, amendment. I see other colleagues, as stand it, benefits only 19 States. My the most populous State in the Nation well as the Senator from Illinois. I amendment benefits all States. I would and one which is projected to grow by again urge other Senators, if they have be happy to debate it. If I am wrong, I 6.25 percent over the next 5 years. It, amendments, I think we will be lot would be happy to admit it. This is our too, receives no additional funds to more receptive and also it will expedite belief. Our formula would benefit 27 meet the anticipated growth in case- the consideration of those amendments States, beyond those in the Dole bill, load. for tomorrow or on Monday. and would hold everybody else harm- Clearly, the growth fund in the un- I do not know that this—as a matter less. So nobody would go below what derlying bill is, as I have said, not a of fact, I doubt that allocation amend- their 1996 level is. true growth fund. It is a fund for some ments are the ones that will be readily Mr. NICKLES. Let me further try to other reason, but I do not think anyone agreed upon because some States win clarify so I will know and maybe just in this body should call it a growth and some States lose. Allocation for- help us tomorrow when we are consid- fund. I believe this is a fundamental mulas are always contested in almost ering these amendments. flaw in the Dole bill, as compared to any type of bill like this, whether it is Under the proposal of the Senator the House version of the welfare reform a highway bill or a welfare bill or other from California, it benefits 27 States. bill. allocations. The allocation formula the You do not change the amount of Senator is proposing under her amend- None of us in this body knows what money. So you spread it out over a few ment would be identical to the one now the future holds for our States—wheth- more States. Senator DOLE’s proposal currently in the House bill. er it is economic recession in a rust would have additional for the growth Mrs. FEINSTEIN. It is the same States that have large increases in pov- belt State, regional downturn in a sun- basis. That is correct. belt State, natural disaster in any part erty. It would benefit 19 States. So pre- Mr. NICKLES. The amendment is di- sumably they would do a little bit bet- of our country, or even Federal base rected toward States that have in- closures. What we do know is there will ter. So you are dividing up the same creases in welfare population. amount of money as compared to your be unanticipated regional economic Mrs. FEINSTEIN. That is correct any conditions and corresponding fluctua- growth proposal. We will have charts and all States. to make an analysis or comparison tions in the incidence of poverty. Any Mr. NICKLES. Welfare population under both proposals. State is susceptible to these cir- being defined as welfare children, or cumstances. This amendment, the Mrs. FEINSTEIN. They are not nec- just total welfare population of the essarily all of the growth States that amendment I am proposing, simply States. uses the same approach as in the House are benefited. Mrs. FEINSTEIN. It is defined as in- Mr. NICKLES. Mr. President, I thank bill, applies it to the $877 million, and crease in poor populations measured by my colleague. Senator DOLE’s proposal, says that you receive additional fund- current census data. I believe, is directed toward States ing for growth proportionate to your Mr. NICKLES. The information that that have significant increases in numbers published by the Bureau of the Senator handed out, the distribu- growth in poverty. And my guess is—I the Census. If your poor population tion formula that she is recommending have not studied these charts—but he goes up, you will get the corresponding and the impact on the States is on ac- talks about the growth funds for States proportional share of that fund. tually the second page of the handout that have significant increases in pov- but recorded as page 4. This, to me, is the fair way of doing erty. Yours maybe is a little broader it. No gimmicks, you use the census Is that correct? Mrs. FEINSTEIN. I did not bring distribution. figures. If you are a growth State, you I will tell my colleagues that there is get extra funding to carry out the man- those with me because we are making charts, and we were called, and we a dispute on both sides of the aisle. date. Frankly, most of the States, the This is probably not a partisan amend- overwhelming number of States, are came down before the charts were ready, I am afraid. ment as such because people wrestle projected to benefit, and also States with distribution formulas, and trying with no growth, or actual declines in Mr. NICKLES. I have a couple of charts. I want to make sure. I will con- to come up with most equitable for- population, are held harmless. And, fi- mula is not always the easiest thing to nally again, it costs no more money. fer with my colleague and friend. Mrs. FEINSTEIN. There are four do, particularly if they have a lot of in- You will have proposals before you charts. If I can take a look at them equities in past distribution formulas that use a little sleight of hand. Some when we finish, I would be happy to. which we have had with different pro- will reduce the base funding level cur- The Senator is absolutely correct. I grams. rently in the Dole bill and then add to know the formula is going to be dif- But I, again, want to thank the Sen- it. This amendment does not alter the ficult to change. If it looks like a ator from California for offering her initial grant in the Dole bill. This growth formula, if it is named like a amendment and sending it to the desk. takes the initial grant level, applies growth formula, it ought to talk and Does the Senator also have another the poverty data supplied by the Bu- walk like a growth formula. That is all amendment? reau of the Census, and simply says, as I am saying. Mrs. FEINSTEIN. That is correct, for the House in its wisdom did, that that More States are benefited by this. I tonight. data is used objectively to determine think 27 States fare better than in the Let me just say what I understand any additional funds which are pro- underlying bill are clearly benefited by the Dole does in this area. Then if I am vided to each and every State. So, Mr. this, and States which do not experi- wrong, I would be happy to know that. President, your State would benefit ence an increase are held harmless. These funds apply, if two things are from that. My State would benefit Mr. NICKLES. If my colleague will met: one, the State’s welfare spending from that for sure. That is what this yield further, she has 27 States that is less than the national average of amendment does. would presumably do better under the State spending; and, second, population Let me conclude on this amendment great portion of the bill, not the entire growth is greater than the national by saying that this is not a matter of bill. population growth. That does not nec- ‘‘winners’’ and ‘‘losers.’’ It is a matter Mrs. FEINSTEIN. That is correct. essarily relate to welfare population of accuracy and fairness involving the Mr. NICKLES. The Senator’s amend- growth. That is one problem that I distribution of Federal funds. I think it ment is allocating the money set aside have with it. S 12810 CONGRESSIONAL RECORD — SENATE September 7, 1995 AMENDMENT NO. 2470 TO AMENDMENT NO. 2280 your adolescent son is going to go out and one that maybe we can work on (Purpose: To impose a child support obliga- and get a young girl pregnant, you are and get it accepted on both sides. I tion on paternal grandparents in cases in going to have to pay for the uprearing think it is a good amendment. which both parents are minors) and the child support of that off- I am not as enthusiastic about the Mrs. FEINSTEIN. If I may, I now spring.’’ first amendment. In defense of Senator send the second amendment to the I think the time has come for this HUTCHISON, who really did an outstand- desk and I ask for its consideration kind of amendment. It is strong. It is ing job on this side of the aisle in The PRESIDING OFFICER. Without an amendment that attributes family working on the issue of formulas and objection, the pending amendment is responsibility. It is an amendment that trying to bring some compromise into temporarily set aside, and the clerk says parents of minors have respon- a very difficult issue, nobody is happy will report. sibilities and one of those responsibil- with allocations of formulas, as the The bill clerk read as follows: ities is to see to it that their sons do Senator from Oklahoma said. There are The Senator from California (Mrs. FEIN- not enter into this kind of conduct and States that win; there are States that STEIN) proposes an amendment numbered then walk away from their responsibil- lose. What we tried to do is hold at 2470 to amendment No. 2280. ity. least everybody harmless. We did under Mrs. FEINSTEIN. Mr. President, I So, I would now ask that that amend- the formula that is in the Dole bill and ask unanimous consent that reading of ment be set aside. then provided some reasonable amount the amendment be dispensed with. I yield the floor. of money for growth. I guess what is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without really the bugaboo here is how we de- objection, it is so ordered. objection, it is so ordered. The amend- termine what growth is and what is The amendment is as follows: ment will be set aside. fair. On page 654, between lines 15 and 16, insert Mr. NICKLES. Mr. President, while I suggest to you that if the Senator the following: my colleague from California is here, I from Texas [Mrs. HUTCHISON], were SEC. . ENFORCEMENT OF ORDERS AGAINST PA- have not had a chance to totally review here, what she would say is what is fair TERNAL GRANDPARENTS IN CASES her second amendment. I am very in- should not be based on what is—a sys- OF MINOR PARENTS. terested in this amendment. It is a tem that you receive money from the Section 466(a) (42 U.S.C. 666(a)), as amended tough amendment. If I understand it State based on how much money you by sections 915, 917(a), 923, 965, and 976, is amended by adding at the end the following correctly, if my colleague from Califor- put up, not on how many poor people new paragraph: nia will correct me if I misunderstood you have but how much money you are ‘‘(17) Procedures under which any child her statement, but the Senator’s willing to give to the poor people in support order enforced under this part with amendment would basically, if you your State. So if you are a State like respect to a child of minor parents, if the have a minor with a child, a single par- California, which is a high-benefit mother of such child is receiving assistance ent—the paternal grandparents would State and puts up a lot of money, you under the State grant under part A, shall be be liable for what expense? get more Federal dollars. It is a match. enforceable, jointly and severally, against Mrs. FEINSTEIN. For the child sup- The more you put up, the more money the paternal grandparents of such child.’’. port. A court order would be obtained you get. And so as a result, States like Mrs. FEINSTEIN. Mr. President, as I and the parents of the male child would California and, I would say, Pennsylva- have listened to the debate, there has be responsible for the child support of nia where I am from, which is above been a lot of talk about teenage preg- that offspring. average—not as high as California but nancy, youngsters impregnating Mr. NICKLES. Let me talk out loud above-average State as far as welfare youngsters, walking away from their or think out loud. So if you have a dollars—get more money from the Fed- responsibility, and really young chil- teenage mother, if you have in this eral Government because we are will- dren becoming pregnant, becoming case an unmarried single mother, and ing to put up more State dollars to teen mothers often by teen fathers. I if there is a court order placed against match the Federal funds. have heard many Senators say we must the father for child support, if that is Now, that is an equitable system the stop this. I believe we have a way to not collectible from the father, then way it exists today, but we are chang- send a major message to a constitu- the parents of the father in this case ing the system. Effective as a result of ency, and it is contained in this amend- would be liable for the child support? this bill’s passage there is no more ment. Mrs. FEINSTEIN. That is correct Federal match. There is no more every What this amendment would do is where the father is also a minor. dollar we put up or every—I think it is say that every State must have in ef- Mr. NICKLES. The primary respon- roughly 50–50—every dollar we put up, fect laws and procedures under which a sibility would still be the father. you put up a dollar and we go on to- child support order can be enforced, Mrs. FEINSTEIN. That is correct. gether. where both parents are minors, and, Mr. NICKLES. But if the father is de- What we do now is send a block grant the mother is a minor receiving Fed- linquent, if the father is not available to the States. Every State gets a block eral assistance for the child, against or unable to pay, for whatever reason, grant. What is that? It is an amount of the paternal grandparents of the child. unemployed, you name it, then the par- money irrespective of anything else. Ir- So if you are the mother and father ents of the absentee father in this case respective of how much you are con- of a boy child, and your boy child goes would be liable? tributing, we are going to give you an out and impregnates a minor girl who Mrs. FEINSTEIN. That is correct for amount of money that you will be able ends up on welfare as a result, you will minor fathers. And I would certainly to spend on AFDC to help mothers with be liable for a child support order welcome the Senator from Oklahoma children. It is not dependent anymore against you as the parents of that looking at this. If there is any way he on how much money you put up. It is young boy. thinks it could be made better, I would just a block grant. What I find increasingly is that child be delighted. Now, if we were going to design a support is a growing crisis. This has Mr. NICKLES. I compliment my col- block grant program from the start, if also been debated—and, frankly, the league from California for offering the we did not have the existing AFDC pro- lack of child support is one of the amendment tonight. I appreciate that. gram in place, how would we distribute major causes of children living in pov- I am interested in the amendment. It that money? Well, let me tell you how erty in my State; that is, the absence looks good from what I have seen. I it is distributed under the bill. It is dis- of child support—a parent, usually the will study it further and see if we can tributed based on how much money father, not always, but usually it is the support it. you got last year. father that just walks off and does not Mrs. FEINSTEIN. I thank the Sen- Think about this. Now we are giving support his child. ator. a block grant to take care of a popu- Well, if this is going to be a tough Mr. SANTORUM. Mr. President, I lation of children and in most cases welfare bill, let us address it. Let us join with the Senator from Oklahoma. mothers and we are basing it on last say, ‘‘Parents, you are responsible for Senator FEINSTEIN’s second amend- year’s amount of money that the State the behavior of your adolescent son. If ment, I think, is a positive amendment got, which, of course, from last year, September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12811 was based on how much the State was maybe is not growing as fast? If you money for Pennsylvania, but it is a lit- willing to pony up to get Federal dol- look at it from the perspective of not tle bit of money under the Feinstein lars and match it. It has no relation what has been but what a fair alloca- amendment. That might be my benefit, again to how many more persons but to tion formula should be now based on a but I do not think it is fair under the how much the State was willing to completely new model, you would sug- new allocation. I think it is fair to spend. gest that States having low-benefit lev- focus on the child, not where that child So what happens, there are many els that are growing should be the re- lives, in what State. States that are high-benefit States cipients of the increasing growth funds As the Senator from Connecticut said that are getting a lot more money per to have their children come up to par- earlier in the day, this is a Federal child than low-benefit States are get- ity with States like California and problem and we should have a Federal ting per child. If we were going to de- Pennsylvania and New York and oth- solution. I did not agree with the sec- sign a program today from start—let ers. ond part. It is a Federal problem. We us say we did not have an AFDC pro- That is what the Senator from Texas do not need Federal solutions, we need gram, we had no poverty assistance is suggesting. I would also suggest the local solutions. But the dollars that program at the Federal level; we were Senator from California is doing her come from Washington should be equi- going to start a program today—how duty. She represents a mega-State, a table across the country. That is what would we design a model for helping State that has been very generous with this growth formula attempts to do, to children? welfare dollars, and under her alloca- bring other States with lower benefits I suggest that what we would do is tion formula of the pot, I think Califor- up to meet the average. exactly what the Senator from Califor- nia—I think it is about $1.5 billion, I know it is going to be a difficult nia suggested. We should figure out money that would be allocated over the vote. I happen to be from one of those how many poor people there are in the next 7 years for these programs. They States that does not benefit under the State, people eligible for welfare, for get roughly half the money in Califor- current growth funds but would under AFDC, and allocate so many dollars nia under this program. It is a big the Feinstein growth fund. You would per person on welfare. We would take chunk. California is a big State. It has be very tempted, and I know many the number of people on welfare in the one-eighth of the population of the Members will be, to jump on for your country, we would say here is how country but they get about half the in- parochial interests. many dollars per person each State crease under this formula allocation. No. 1, I think it would be very dam- will get for that person on welfare and If I was from California, I would de- aging for the long-term interests of divide it up among the States. That sign a program that got me half the this bill. I think it is absolutely unfair would be a fair allocation formula. No money, too. I understand that. But it is when you look at the child, not where child in California is worth more than not fair when you consider the new the child lives and how much the Fed- a child in Mississippi or Vermont or rules that we have put in place. No eral Government is paying per child. I Oklahoma. longer do we require match. That is the think that should be the fundamental But that is not what we did. We did key here. California does not have to test of whether this formula is fair. not start out and say everybody is put up a penny to get this money any- I know this is going to be a very going to get the same irrespective. more. heated issue. It is one that is going to What we did was say children in Cali- What we are saying is because we do be talked about tomorrow, and I know fornia actually get more money be- not make them put up a penny any- the Senator from Texas will be far cause the State in the prior legislation, more and because they are getting more eloquent than I have been in de- the current AFDC law contributed much more per child than I think any fending her formula. I just want to more so children in California get $200 other State, with the possible excep- commend the Senator from Texas, Sen- per month per child and a person in tion of New York, we are not going to ator HUTCHISON, one more time, for the Mississippi may get $50. give them even more money because tremendous work she did in putting to- Now, what the Senator from Califor- they happen to be growing. We are gether an allocation formula which no nia says is that, well, we are subsidiz- going to take care of the States that do one thought could be done. We did not ing these bad States like Mississippi not get a lot of money and that are think we would be able to work this that did not contribute a lot of money growing also. one out. This was the issue that was to help the people in their State. So that is the basis for this discus- bogging us down. I hear a lot from the other side of the sion. And so while it may, to the virgin When it comes to money, everybody aisle about we should not be punishing ear on this subject, be a very appealing gets real tightfisted around here. We children—except, of course, if they hap- argument from the Senator from Cali- were able to work out something which pen to live in a State that is not a fornia that this is only fair, I mean we I think is defensible, not only from a high-benefit State in this example be- are growing and therefore we deserve political standpoint of folks being able cause that is exactly what we do with more money, I would suggest that if we to explain back home, but I think it is the Feinstein amendment. We punish are looking at it for the sake of the very defensible from a fairness perspec- children who live in low-benefit States child and not looking at where that tive of what this bill actually accom- that continue to get low benefits under child lives but looking at what the plishes. Mr. President, I yield the floor. the current program. Federal Government’s obligation is to Ms. MOSELEY-BRAUN addressed the What Senator HUTCHISON did was say, a child under a new system where Chair. look, let us look at, since we now no State matching dollars are irrelevant, The PRESIDING OFFICER. The Sen- longer require in this bill any kind of then I would suggest that growth fund ator from Illinois. matching State funds—there is no should be targeted to those States AMENDMENT NO. 2471 TO AMENDMENT NO. 2280 maintenance-of-effort provision in this where the Federal contribution per (Purpose: To require States to establish a bill. California can completely pull the child is the lowest. And that is what voucher program for providing assistance plug on every dollar of welfare spend- this amendment does. to minor children in families that are eli- ing that they are now required to spend I speak against my own interest in gible for but do not receive assistance) to get the Federal match. They do not this case because Pennsylvania is not Ms. MOSELEY-BRAUN. Mr. Presi- have to contribute a cent anymore and as high a benefit State as California dent, I send an amendment to the desk. they get all the money. And they get but it is an above-average benefit State The PRESIDING OFFICER. The two or three times as much per child as that is not going to receive any growth clerk will report the amendment. Mississippi. But now, again, California dollars according to the estimates. We The assistant legislative clerk read does not have to spend the money to are not going to receive a penny, and as follows: get that money. we would receive a small amount of in- The Senator from Illinois [Ms. MOSELEY- Now, how is it fair to say that Cali- crease under the Feinstein bill. BRAUN] proposes an amendment numbered fornia should get, because they are in- So it would be in my interest for 2471 to amendment No. 2280. creasing in population, even more Pennsylvania to vote for, I think it is Ms. MOSELEY-BRAUN. Mr. Presi- money per child than Mississippi which $6 million. It is not a whole lot of dent, I ask unanimous consent that the S 12812 CONGRESSIONAL RECORD — SENATE September 7, 1995 reading of the amendment be dispensed legislators and, again, indeed with the State relationship and cooperation, with. country around the issue of welfare and we can debate, as no doubt we will The PRESIDING OFFICER. Without generally, welfare reform and the ap- and will continue to, what that rela- objection, it is so ordered. propriate response to the challenge our tionship must be. But it, essentially, is The amendment is as follows: current system poses to this nation. a relationship between Government On page 12, between lines 22 and 23, insert Mr. President, I submit to you that that calls on our national community the following: this is an issue that, as the French to care for the welfare of poor children ‘‘(G) Assess and provide for the needs of a would say—there is an old expression— so that we do not have to go back to minor child who is eligible for the child ‘‘plus ca change, plus c’est la meme the friendless foundlings and the home- voucher program established under sub- section (c). chose,’’ the more things change, the less half-orphans that plagued so many On page 15, between lines 19 and 20, insert more they remain the same. of our communities at the turn of the the following: Quite frankly, I brought to the atten- century in America. ‘‘(d) CHILD VOUCHER PROGRAM.— tion of the Finance Committee, on So welfare reform then should, at a ‘‘(1) ELIGIBILITY.— which I serve as a member, an article minimum—at a minimum—ask the ‘‘(A) IN GENERAL.—A State to which a that had appeared in the Chicago His- question, and answer in the affirmative grant is made under section 403 shall estab- tory magazine in their spring issue. the question: What about the children? lish and operate a voucher program to pro- The article was entitled ‘‘Friendless We must always have an answer that vide assistance to each minor child who re- says that no State, no locality, no sides with a family that is eligible for but Foundlings and Homeless Half-Or- not receiving assistance under the State pro- phans.’’ The caption of the article said: community, no part of our national gram as a result of any reason identified by In 19th century Chicago, the debate over community will allow for children to the State, including— the care of needy children raised issues of go homeless and to go hungry. ‘‘(i) the time limit imposed under section Government versus private control and insti- So this amendment requires the 405(b); tutional versus family care. States to establish a child voucher pro- ‘‘(ii) a penalty imposed under section The article goes on at great length gram to provide services to minor chil- 404(d); or and, indeed, I have some pictures here dren who reside in families that meet ‘‘(iii) placement on a waiting list estab- from the article that showed the condi- the State’s income and resource cri- lished by the State for recipients of assist- teria for the temporary assistance to ance under the State program. tion of poor children in turn of the cen- ‘‘(B) PERIODIC ASSESSMENTS.—The State tury Chicago sleeping in the gutters needy family block grant, which is the shall conduct periodic assessments to deter- and the, turned over by their parents name of the block grant in the underly- mine the continued eligibility of a minor to orphanages, unable to be cared for ing bill, but who are not receiving as- child for a voucher under this subsection. because of the poverty of their parents. sistance. The amount of the voucher ‘‘(2) AMOUNT OF VOUCHER.— The homeless half-orphans title refers will be based on a pretime limit, per ‘‘(A) IN GENERAL.—The amount of a vouch- to women who during the turn of the capita rate, and would be a total er provided under the program established amount for each child. under paragraph (1) shall be equal to— century struggled to raise children alone and because of their economic The State would be called on, there- ‘‘(i) the number of minor children in the fore, even if the parent did not qualify family multiplied by circumstances could not afford to do so ‘‘(ii) the per capita assistance amount de- and were often called upon, compelled for failure to live up to the rules or for termined under subparagraph (B). even, to turn their children over to cutbacks or whatever reason, to assure ‘‘(B) PER CAPITA ASSISTANCE AMOUNT.—For halfway houses and orphanages and that the children would be entitled to essential services through a voucher purposes of subparagraph (A), the per capita others in order to provide just for the assistance amount is an amount equal to— system. basic sustenance of those children. ‘‘(i) the amount of assistance that would The voucher would be paid to a third I raise this not to inflame this debate have been provided to a family described in party that would provide the service. because I, again, very much appreciate paragraph (1) under the State program; di- So a child living in a family which no the way and the tenor this debate has vided by longer qualified for assistance would ‘‘(ii) the number of family members in taken, certainly this evening, but real- still be assured of essential services. such family. ly to begin talking about my amend- ‘‘(3) USE OF VOUCHER.—A voucher provided This amendment would assure that ment which calls on the States to es- children, are not punished for their under this subsection may be used to ob- tablish a safety net for children, and to tain— parents’ behavior. ‘‘(A) housing; put that amendment in context. Let us talk a little bit about welfare ‘‘(B) food; Essentially, the amendment itself for a moment. I think it is important ‘‘(C) transportation; says that when all is said and done, if to go back to the big picture issue— ‘‘(D) child care; and you will, at the end of the day, after welfare as a response to poverty. ‘‘(E) any other item or service that the the States, under the primary legisla- Right now, in this country, Mr. State deems appropriate. tion, have made all their rules, that in President, 22 percent of the children ‘‘(4) DELIVERY OF ITEMS OR SERVICES.—A the final analysis, no child—no child— live in poverty. This is higher than in State shall arrange for the delivery of or di- in America will be left to fend for rectly provide the items and services for any other industrialized nation. One in which a voucher issued under this subsection themselves, will be left without sub- every 5 children in America lives in may be used. sistence, will be left homeless, will be poverty. That means that 15 million On page 15, line 20, strike ‘‘(d)’’ and insert left hungry. children live in poverty—40 million ‘‘(e)’’. Bottom line, this amendment calls Americans total overall, but 15 million On page 24, line 24, insert ‘‘(including the on us to make an affirmation of our children live in poverty. That, Mr. operation of a child voucher program de- commitment to provide for the chil- President, is greater—frankly, it is 40 scribed in section 402(c))’’ after ‘‘part’’. dren and to make certain that welfare percent more than it was even in 1970. Ms. MOSELEY-BRAUN. Mr. Presi- reform does not become a subterfuge or To talk about what we mean in terms dent, I attempted earlier today to outlet for punishing kids for the sins of of poverty, for families of three, the speak to this issue in general, and now, their parents or the misfortune, indeed, poverty rate is $12,320 a year. A family I would like to speak to the issue of of their parents to be born into pov- of four is considered to be poor if they welfare reform and the legislation be- erty. have an income of $14,800 a year. Mr. fore us generally as well as file several I think it is important for us to talk President, 53 percent of female-headed amendments. a little bit about welfare in the context households in this Nation are poor, and At the outset, I would like to say of poverty as an issue, because really 23 percent of American families overall that, quite frankly, I am very pleased that is what it is. Welfare is not a are headed by women. So this becomes with the way this process is working. stand-alone problem, it is not some- a problem of particular urgency for In spite of all the slogans and the polit- thing you just say exists over here in a poor children, and particularly for poor ical speeches and the hot buttons and vacuum by itself. Welfare is not, and women. the wedge issues, the fact is that be- never has been, anything other than a Our child poverty rate here in the cause of this debate, we are undertak- response to poverty. It is a system, a United States is two times that of Aus- ing a conversation among ourselves as set of rules that calls on a Federal- tralia and Canada. Our child poverty September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12813 rate is four times that of France, Swe- greater detail about the level of State By the way, Mr. President, I ask den, Germany, and the Netherlands. involvement, the fact is that the unanimous consent that a copy of the And so we can see that child poverty is States already make a huge determina- article ‘‘Friendless Foundlings and a particular problem here in the United tion about who will participate in the Homeless Orphans’’ be printed in the States. It is a problem that has been AFDC program. RECORD. addressed somewhat by the existence of Mr. President, presently there are There being no objection, the article what is known as welfare, the AFDC some 14 million people receiving AFDC was ordered to be printed in the program. Again, AFDC is simply a re- in the country. That is a lot of people. RECORD, as follows: sponse to poverty. The fact of the matter is that that is [From the Chicago History magazine, I have a chart, Mr. President, of child about 5.3 percent of our total popu- Spring, 1995] poverty rates among the industrialized lation. But I think a more stunning FRIENDLESS FOUNDLINGS AND HOMELESS countries. This is the most recent data and compelling fact is not just that 14 HALF-ORPHANS available. As you can see, here is Fin- million Americans receive some sort of (By Joan Gittens) land, Sweden, Denmark, Switzerland. assistance under the Aid to Families Editor’s note: The debate over the care of It goes from 2.5 percent up to the Unit- with Dependent Children, but that 9 dependent children is not new. In the follow- million of those 14 million people are ing excerpt, Joan Gittens explores nine- ed States, which is 21.5 percent. We teenth-century attitudes towards child care have a higher rate than Australia, Is- children; 9 million of those people are in Illinois and Chicago. rael, the United Kingdom, Italy, Ger- children. So we hear the discussion There is perhaps no greater catastrophe for many, France, The Netherlands, Aus- about folks not pulling the wagon and children than when their families, for what- tria, Norway, Belgium, Switzerland, in the wagon having to be pulled and ever reason, no longer functions for them. Denmark, Sweden, and Finland. about whose fault all of these problems Not only must they contend with emotional Child poverty is a particular problem are and the like. I think it is important upheaval; they are left without caretakers here in the United States. The gap be- that we remain mindful of the fact that and must look to the broader society for sus- tenance and protection. If they are fortu- tween rich and poor children is greater fully two-thirds—9 million out of 14 nate, relatives or friends will step in and fill in our country than in any other indus- million—who will be the subject of the gap—if not emotionally, at least on a trialized country. Affluent households what we do here, are children. Only 5 practical level. The children unlucky enough with children in the United States—the million of those people receiving AFDC to have no surrogate parents must look to top 10 percent in terms of wealth—are are adults. the society at large to take an interest in amongst the wealthiest children in the Of those 5 million adults, Mr. Presi- their well-being. That this is at best a tenu- 18 industrialized countries that have dent, states reported that some 3.6 per- ous situation for a child is demonstrated by cent of their caseloads were disabled or the prevalence of the pathetic and mis- been surveyed. Of the poorest, the bot- treated orphan in folk and popular culture. tom 10 percent of children in the Unit- incapacitated. That encompasses the Yet folklore could scarcely exaggerate ed States in terms of wealth, we are people who are not able to work. So, life’s hazards for children dependent on pub- the third poorest among the 18 indus- really, of the folks we are talking lic bounty in Illinois. Despite the citizenry’s trialized countries surveyed. about in terms of welfare reform, some occasional intense regard—usually when a So the disparity in the children of 4.1 million out of the 14 million are particularly brutal story hit the news- the wealthiest in the world and the able bodied and able to work. Cer- papers—dependent children have been gen- erally isolated, remote from public con- children among the poorest is greater tainly, we start this debate with the sciousness, and without natural allies. in this country than in any other in- notion that anybody who can work ‘‘Their very innocence and inoffensiveness dustrialized nation. should work, and anybody who can leads to their disregard,’’ wrote one observer I have another chart here. This de- take care of themselves should be able bitterly. ‘‘They make no loud outcry and picts poor households with children. to do so. The question becomes, how- menace no one. Since there are so few voices Here is the United States with $10,923. ever, what about the children? What do raised in their behalf, it is not surprising Affluent households average almost we do about the children? that the persons charged with their care $65,536 annually. The length of the bars I daresay, Mr. President, that right should be ignorant of any problems they present, and blind to their real interests.’’ represent the gap between rich and now the way this legislation before us Besides being easy to ignore, dependent poor children. As we can see, here in is constructed, the children will lose children have historically been costly to the the United States, this gap is greater out. There is no guarantee or commit- state, requiring years of expense before they than anywhere else in the industri- ment by our national community that could become self-sufficient. How much the alized world. the children will be protected by the issue of their poverty has shaped their pros- So, as we approach the issue of wel- decisions that get made at the State pects the State Board of Charities noted late fare reform, we are approaching an level. On the one hand, I think we can in the nineteenth century, citing the telling fact that as early as 1795 the territory of Illi- issue of dealing with our response to a all agree that State flexibility is some- nois had created an orphans’ court to deal problem that is unique in the industri- thing that is a positive change, and with the estates of children who had lost alized world and a problem that has States ought to be able to make deci- their parents. The children most desperately been getting worse, not better. sions about how they handle their local in need, children without means or property, The issue of welfare inflames pas- population. had no court to watch over their interests. sions in the United States. Without At the same time, legislation that They had instead the overseer of the poor, getting into the passions, I want to does not provide a safety net for the who could apprentice children from destitute families even over their parents’ objections. talk a little bit about the facts in children essentially penalizes those Another territorial law underscored the in- terms of the AFDC program or what is children and makes any child living ferior protection accorded to dependent chil- known as the welfare program. As the here in the United States really at the dren. The law provided that apprentices and Chair is no doubt aware, AFDC has mercy of their location or geography. masters could take grievances to a justice of been a response to poverty that has So a child who lives in New York may the peace to rule on, thus enforcing on the been with us for a while. The system well find himself in the presence of a one hand the master’s right to obedience and has come under great challenge, and benevolent State legislature and Gov- hard work and on the other the apprentice’s that is really why we are here right ernor and find himself cared for and right to decent treatment and competent education. The law specifically excluded now, to debate the direction that we not having to sleep in the streets, as in from protection children apprenticed by the are going to take in terms of reforming the original picture I showed you. A local poor law officials. this program. What we generally refer child in New York may benefit, and in The conscious separation of ‘‘the state’s to as welfare is Aid to Families with another State a child may not. So the children’’ from those with parents continued Dependent Children, which was estab- children, once again, become victims in the Poor Law of 1819, the social welfare lished under the Social Security Act of to fortune and victims to the accident law passed the year after Illinois attained 1935. States obviously play a major role of geography and the accident of their statehood. But revisions of apprenticeship and poor laws in the next fifteen years re- in operating this program. States de- birth and of their address. It seems to flected a growing sense that the state owed fine eligibility, the benefit levels, and me, Mr. President, that that is not a a more even-handed treatment to the vulner- actually administer the program. So, result that we as a national commu- able children who looked to them for sup- again, while we will talk further and in nity should allow to happen. port. The Apprenticeship Law of 1926 and the S 12814 CONGRESSIONAL RECORD — SENATE September 7, 1995 Poor Law of 1833 made it the concern of the the civil rights of poor parents that had al- tion, as they would inevitably have done in state that dependent children’s apprentice- ways pervaded American poor laws. a small town or rural setting. The increase ships be monitored to some extent by the This cavalier approach toward destitute of this phenomenon of deserted children, lit- probate judge, who was charged to keep the families remained characteristic of those en- tle ‘‘foundlings’’ as they were called, was a bonds of indenture in his office and to inves- gaged in child welfare right through the gruesome measure of the hazards that the tigate indentured children’s situations from nineteenth century, a striking anomaly in a city could hold in store for young women and time to time. The laws also articulated some society where the sanctity of family ties was their unwanted children. of the expectations that the children might a paramount value. It was not until the end Orphans as a group grew in number as well. have: the right to decent treatment, ade- of the nineteenth century that some child All the dangers of disease were compounded quate education, a new Bible, and two suits welfare theorists would begin to argue for by crowded city life, by filthy tenements and of clothes (suitable to their station in life) at the rights of poor parents and to insist that equally filthy and dangerous work places. the end of the apprenticeship. Masters still the best care society could offer for children Children could lose one or both parents to a had great discretion to decide what was fit was to support them in their homes rather host of diseases such as cholera, small pox, and proper treatment, but there was at least than removing them. and tuberculosis. The United States suffered some sense that children dependent on the URBANIZATION AND THE GROWTH OF THE CHILD through three cholera epidemics, in 1832 and state had a right to proper care. WELFARE PROBLEM again in the 1840s and 1850s, and the fact that The Apprenticeship Law of 1826, in addi- The growing awareness of children in need the disease was waterborne insured that the tion to voicing some concerns about the pro- was a key characteristic of nineteenth-cen- poor, crowded into tenements and using the tection of dependent children, gave a further tury social welfare endeavors. In Illinois, as foulest of water, were among the hardest hit indication of an increasing sense of state re- in other areas of the country, this concern by the recurring plagues. ‘‘Half-orphans’’ (the standard term for sponsibility by expanding the definition of had its roots in a mix of philosophical, so- children who had lost one parent) also children requiring state attention. This law cial, and practical considerations. The years claimed the reluctant attention of the state. gave wide latitude to the overseer of the before the Civil War saw an outpouring of re- If the mother died, the children might come poor in indenturing children whom he form efforts on all levels, and because of to the attention of the larger society because deemed to be inadequately cared for, like the their vulnerability and dependence on they stood in need of care and nurturing. It children of beggars, habitual drunkards, and adults, children were prime subjects of this was possible that they would turn into some widows of ‘‘bad character.’’ This was the first heightened humanitarian sense. They ap- of the little ‘‘street arabs’’ about whom Chi- recognition that the state might need to in- pealed further because during the course of cago city officials expressed such concern. tercede even in families who had not turned the nineteenth century the concept of child- But a father’s death, on a practical level, to the overseers of the poor for help. And it hood as a special stage of development grew was even more catastrophic. Most poor fami- was the first articulation that the state had apace, drawing the attention of everyone lies patched together their meager income an interest in doing more than warding off from popular novelists to learned from money brought in by fathers, mothers, imminent starvation, that it also had an in- theologians. terest in the proper rearing of children and Nineteenth-century culture celebrated and children; working men, although they an obligation on some level to step in if such childhood’s intuitive goodness and inno- were paid very little, were routinely paid proper rearing was not going forward. cence, in contrast to the gloomy assessment more than women and children, and they This concern about proper child rearing of earlier centuries, which had seen children made the largest contribution to the family was a nineteenth-century phenomenon all at best as profoundly ignorant and at worst income. Widowed mothers, ill-equipped to across Western culture, but in the United as little bundles of depravity. Another rea- provide for their families, might find them- States it was especially tied to the repub- son for the attention to children’s needs was selves turning to the city or county for help lican experiment that must have been very the abiding concern that they be trained to to support their children. Children were also much on citizens’ minds in 1826, that fiftieth- be independent, responsible citizens, not left ‘‘half-orphaned’’ in fact, although not in anniversary year of the Declaration of Inde- merely for their own sake but for the health law, by their father’s desertion of the family. pendence. The adequate raising of children of the republic. Finally, attention turned to Sometimes this desertion was absolute; but was a humanitarian concern, but it was also dependent children because their numbers Hull-House resident Julia Lathrop wryly a practical matter for the survival of the swelled so markedly with the rapid growth of noted ‘‘the masculine expedient of tem- noble but risky political enterprise that was urban centers during the nineteenth century. porary disappearance in the face of the focus of so much anxiety and so much Chicago, a frontier outpost at its incorpo- nonemployment or domestic complexity, or international attention. In the 1840s, the Illi- ration in 1833, grew in the next sixty-seven both,’’ contending that ‘‘the intermittent nois Supreme Court gave this rationale for years to be the second largest city in the husband is a constant factor in the economic the state’s presumption to interfere in fam- United States, an industrial center that at- problem of many a household.’’ ily life: tracted immigrants from all over the world. Natural catastrophes like the Great Fire of The power of chancery to interfere with According to the national census, the popu- 1871 were another cause of dependency in and control, not only the estates but the per- lation of Chicago was 4,470 people in 1840; children, and family problems and the sons and custody of all minors within the 298,977 in 1870; and 1,698,575 in 1900. The rapid stresses of urban life were compounded as limits of its jurisdiction, is of very ancient growth of the city brought great wealth to well by the labor unrest that characterized origin, and can not now be questioned. This some, but it brought in its wake much suf- the last twenty-five years of the century. In is a power which must necessarily exist fering as well. Immigrants who came to the addition, the country experienced a financial somewhere in every well regulated society, city seeking a better life sometimes found panic approximately every twenty years: in and more especially in a republican govern- Chicago to be a place of opportunity, but 1819, 1837, 1857, 1873 and 1893. In Chicago, the ment, where each man should be reared and many found themselves enmeshed in a web of Panic of 1893 was delayed for a time by the educated under such influences that he may poverty, depression, and squalor, and the Columbian Exposition, but with the close of be qualified to exercise the rights of a free- devastating effects of urban life were par- the exhibition, jobs disappeared and all the man and take part in the government of the ticularly visible in children. In 1851 the city severity of that worst of nineteenth-century country. It is a duty, then, which the coun- charter noted a group that greatly concerned depressions was visited on the city. The year try owes as well to itself, as to the infant, to officials: ‘‘children who are destitute of prop- 1894 was in many ways a terrible time for the see that he is not abused, defrauded or ne- er parental care, wandering about the poor of Chicago. Compounding the depression glected, and the infant has a right to this streets, committing mischief, and growing was the violence and bitterness of the Pull- protection. up in mendicancy, ignorance, idleness, and man Strike, and the ultimate defeat of orga- To some extent the laws dealing with the vice.’’ These children, popularly called nized labor in the prolonged struggle. A adult poor reflected increased humanitarian ‘‘street arabs,’’ were viewed as potential small-pox epidemic struck the city; and the concern as well—Illinois outlawed the prac- trouble makers and therefore received offi- winter was one of the worst on record. The tice of auctioning off the destitute to the cial attention early. dependency rate soared. Families who had lowest bidder in 1827, for example—but it is In addition to these children there were never been able to save enough to have a striking that in its increased concern about others affected by the disruption of city life. cushion against disaster were utterly de- neglected children, the state paid little or no The legislature had made minimal legal pro- stroyed by such compounded misfortune and heed to the rights of poor parents. Earlier visions for illegitimate children, for exam- had to turn to the city and country for help. poor laws had given the overseer of the poor ple, in the early years of statehood; the pre- THE STATE RESPONSE TO DEPENDENT CHILDREN the right to indenture children without pa- sumption was that the mother would keep Although the vicissitudes of urban life and rental consent if the family had become a her baby and the town would support her and economic instability throughout the century charge upon the state, even if their poverty her child at subsistence level (and with the greatly expanded both the number and types was only a temporary catastrophe. The 1826 most grudging of attitudes) if the father of children in need of help, public officials law expanded the overseer’s discretionary could not be held to account and she could resisted innovation in dealing with the needs powers to decide on the fitness of parents, not manage for herself. But in the vast, of dependent children, lumping them with and while on the one hand that showed an in- anonymous city, a desperate mother could the rest of the dependent population rather creased concern for the well-being of chil- simply abandon her baby on the streets with- than addressing their particular needs as did dren, it also reflected a callousness toward out busy neighbors discovering the deser- the private organizations that began to September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12815 flourish in Chicago in the 1850s. In downstate was enforced cleanliness always the problem. effort revealed the prevailing attitudes of re- Illinois, dependent children were still pri- The poorhouse superintendent in Coles Coun- formers toward the parents of children who marily indentured through the middle years ty reported in 1880, apparently without em- were dependent because of poverty. Much ne- of the century. An 1854 revision of the ap- barrassment, that he could not remember gotiation was necessary to settle which or- prenticeship law manifested some special at- one bath having been taken in his sixteen phanages were to take the children, since re- tention to children’s needs, strengthening years in charge. The institution’s surround- ligious groups insisted that the children’s re- their right to basic education and protection ings reflected his laissez faire approach to ligious affiliations be respected. Yet in all by Poor Law officials who were to monitor hygiene. the negotiations, no one considered that the their treatment and to ‘‘defend them from It was still possible for poor families to re- poorhouse mothers might have an opinion all cruelty, neglect, and breach of contract ceive some measure of ‘‘outdoor relief’’ in about the removal of their children. The pri- on the part of their master.’’ An 1874 law fur- most counties of the state in the mid to late vate institutions involved required the ter- ther defined the child’s rights to proper care, nineteenth century, but such support was mination of parental rights before they specifically forbidding ‘‘underserved or im- very limited. Nineteenth-century economic would take the children. When the mothers moderate correction, unwholesome food, in- theory, reinforcing the already parsimonious in the Cook County poorhouse learned that sufficient allowance of food, raiment or lodg- attitude of Americans, posited that handouts their children’s well-being was to be bought ing, want of sufficient care or physic in sick- merely increased dependency and led to the at the expense of their parenthood, they pro- ness, want of instruction in their trade.’’ ‘‘pauperizing’’ of families, destroying their tested vigorously but without success. Some Such bad behavior on the part of the master initiative and drive to do better. Poorhouses reformers, in fact, expressed the view that gave the state sufficient cause to end inden- were set up to replace most outdoor relief, the mothers’ unwillingness to give up their tures. These revisions of the original appren- created with the notion that they must not children demonstrated their lack of affection ticeship law reflected the state’s ambiva- be too attractive or they would be crowded for their families. But in the end, the moth- lence about parental rights. The 1854 revision with shiftless types simply trying to live on ers succeeded in making an eloquent state- deleted the clause authorizing the removal the bounty of the town. In reality, authori- ment about these high-handed methods. of children from parents whom the overseer ties need not have feared such a thing. Any- When the officials from the child care insti- of the poor deemed unfit. But the 1874 law re- one who could possibly manage it stayed out tutions arrived to pick up the children, they stored intervention to some degree, allowing of the poorhouse. Those who entered were found that most of them were gone. To pre- the overseers of the poor to apprentice with- the unfortunate souls who had no one to pro- vent their removal to the orphanages, the out parental consent any child ‘‘who habit- tect them or find them a tolerable situation mothers had managed to find places outside in the outside world. Children shared the ually begs for alms.’’ the poorhouse for all but seventeen out of Although the basic concept of apprentice- poorhouse with the chronically sick, the el- seventy-five children. The Cook County ship for dependent children was shortly to derly poor, the insane, and the mentally and poorhouse had a rule that no parents who re- reappear in social welfare parlance as the in- physically disabled, as well as the ‘‘paupers’’ fused to give consent to the adoption of their novative notion of ‘‘free foster homes,’’ the who simply could not make an economic go children could enter the poorhouse, but in whole system of formal, legal apprenticeship of it on the outside. In Cook County, and 1880, the county agent objected to the rule as as a means of caring for dependent children elsewhere on a less grand scale, the essential inhumane and cruel. He refused to enforce was beginning to die out in nineteenth-cen- misery of the poorhouse was compounded by the policy, and his stance meant that chil- tury America. In northern Illinois counties, corruption. The staff jobs were filled by pa- dren began to enter the Cook County poor- particularly Cook County, poor law officials tronage, and those in charge of the various house again, with and without parents, less instead placed children in the poorhouse, and wards were thus unlikely to be much exer- than a year after the ‘‘rescue operation’’ of this trend became state-wide by the end of cised about the humane care of inmates. 1879. One of the most critical voices raised the century. Most often children were in the The concern that children were growing up against the abuses of the poorhouse and the poorhouse with their mothers, but a few or- in such a wretched setting did not disappear, presence of children there was that of the phans and illegitimate children ended up despite the limited success of the Cook Board of State Commissioners of Public there as well. County effort, but it took another forty The presence of children in the almshouse Charities, established by the legislature in years for the Illinois legislature to close was an enduring affront to reformers. In 1853 1869 to monitor and coordinate the various almshouses to children. In 1895 a law pro- a Cook County grand jury found the alms- social welfare efforts throughout the state. vided that orphan children could be removed house to be grossly inadequate, noting with The board’s power was originally very re- from the poorhouse and placed in private disapproval that ‘‘the section devoted to stricted. ‘‘The duties required of the commis- homes, but only when a private charity or women and children is so crowded as to be sion are quite onerous,’’ the First Biennial individual would assume the expenses con- very offensive.’’ The physical conditions of Report stated ruefully. ‘‘The powers granted nected with such placement. By 1900 a dozen this particular poorhouse did improve some- are very limited. The board has unlimited states, beginning with Michigan in 1869, had what over time, but those who concerned power of inspection, suggestion and rec- ended the practice of putting children in the themselves with child welfare universally ac- ommendation, but no administrative power poorhouse, but Illinois proved more resistant cepted the maxim that the poorhouse was no whatsoever.’’ Still, the State Board could to thoroughgoing reform. Finally, in 1919 the fit place for children. Forty years and much and did register vigorous disapproval, and it legislature passed a law limiting the time in reform agitation later, the situation was not made enough impact so that a bill to dis- the poorhouse to thirty days for girls under significantly better. Julia Lathrop, who solve the new monitoring agency was intro- eighteen and boys under seventeen, after toured the Cook County poorhouse many duced into the legislature almost imme- which other arrangements would have to be times as a member of the State Board of diately. The bill failed, but hostile legisla- made for them. This effectively ended the Charities, wrote this description of the chil- tors were able to limit inspection dramati- use of the poorhouse as a child welfare insti- dren there in 1894: cally at one point by cutting off all travel tution. By that time the number of children There are usually from fifty to seventy- funds for the commissioners. five children, of whom a large proportion are Despite such constraints, the State Board in Illinois poorhouses had shrunk consider- young children with their mothers, a very fulfilled an important function as the first ably: to 171 children in 1918 compared to 470 few of whom are for adoption. The remain- official agency in the state to collect and at the peak, 1886. der, perhaps a third, are the residuum of all tabulate information about the actual living CHILD CARE INSTITUTIONS UNDER PUBLIC the orphan asylums and hospitals, children conditions of dependent members of society, AUSPICES whom no one cares to adopt because they are including children. For example, the board Although the county poorhouses provided unattractive or scarred or sickly. These chil- reported that in 1880 Illinois almshouses most of the public care of destitute children dren are sent to the public schools across the housed 386 children; forty were assessed as in nineteenth-century Illinois, no one made street from the poor-farm. Of course they feebleminded, twenty-four diseased, fourteen much of an argument to counter the accusa- wear hideous clothes, and of course the out- defective, and eighty-three had been born in tions leveled against them of pinch-penny side children sometimes jeer at them. the almshouse. Of that eighty-three, sev- meanness and spiritual demoralization. In These children, as part of the poorhouse enty-nine were illegitimate, a fact pointed to reality, they existed as the most frankly population, were among the most stig- by almshouse critics to illustrate their con- minimal of offerings for children in need, matized and outcast members of nineteenth- cern about the inadequate separation of the with a policy set far more by a consciousness century society. Nobody went to the poor- sexes in the institutions. Some poorhouses of county expenditures than of children’s house if they could help it. These institu- had schools or arranged that children should welfare. Noted social welfare thinker Homer tions were deliberately set up to be as unat- attend the public schools in the vicinity; but Folks remarked in 1900 that ‘‘the states of Il- tractive as possible, a meager social mecha- in many county almshouses, the children did linois and Missouri, notwithstanding their nism intended merely to sustain life in the not go to school at all. Still, there was no large cities have been singularly backward dependent population. The poor, who could doubt in anyone’s mind that these children in making public provisions for destitute and pay with no other currency, were expected to were getting an education, a thorough neglected children.’’ In fact, Illinois had only pay with their dignity for their board and grounding in the seamier side of life. two child welfare institutions under public room. Lathrop spoke of ‘‘the absolute lack of In 1879 there was a movement in Cook auspices during the nineteenth century, both privacy, the monotony and dul[l]ness, the County to get children out of the almshouse far more specialized than the catch-all discipline, the enforced cleanliness.’’ Nor and into private child care institutions. This poorhouses provided by most counties. These S 12816 CONGRESSIONAL RECORD — SENATE September 7, 1995 institutions were the Soldiers’ Orphans’ ‘‘the cattle driver’’ by some of the Blooming- In addition to a competition among religions Home and, until 1870, the Chicago Reform ton/Normal locals because of his harsh treat- for the care of children, a strong sense of School. ment of the children. There was consistent ethnicity motivated founders of these insti- The Illinois Soldiers’ Orphans’ Home criticism that the children were made to tutions. Chicago had institutions represent- founded in 1865 in Normal, Illinois, was a work too hard, at tasks that were sometimes ing all nationalities; there were German or- state-funded institution for the care of chil- beyond them, and they were often kept home phanages, Irish orphanages, Swedish, Polish, dren whose fathers had been killed or dis- from school to work. One particularly dis- Lithuanian, and Jewish orphanages, as well abled in the Civil War. An institution with a tressing instance of work beyond the chil- as institutions founded by ‘‘native Ameri- limited purpose, the Soldiers’ Orphans’ Home dren’s capacity was the scalding death of a cans’’ of English stock. was meant to close once its original popu- three-year-old child, burned while being Besides motives of religion and ethnicity, lation had been cared for. But in the 1870s bathed by some of the older children of the institutions developed to respond to a vari- the eligibility for care was broadened to in- institution. ety of needs among children. Many of them clude children of all Civil War veterans, an Nor were the superintendents and their took in the children of the poor but insisted act that established the institution on a policies the only difficulty. The building, that parents relinquish their rights to the more permanent basis. Frequently the chil- planned by a board of trustees with a poeti- children before they were accepted. A few, dren were half-orphans whose mothers sim- cal turn, was gracefully adorned with turrets like the Chicago Nursery and Half-Orphan ply could not feed them any more. In 1872, and ‘‘crowned with a tasteful observatory.’’ Asylum, were founded to offer support to for example, 532 out of 642 children had living But Frederick Wines secretary of the State working mothers who could not keep their mothers. In 1879, the superintendent gave Board of Charities, assessed the building as a children at home, yet wanted to preserve this description of the newly arrived children thoroughgoing failure on a practical level. their families. The children lived at the in- for that year: ‘‘The class now entering are, There were no closets, no playgrounds, only stitution, but mothers were expected to visit for the most part, young and in particularly two bathrooms for over three hundred chil- them regularly and contribute something to- destitute circumstances—those whom their dren, no infirmary, and no private quarters ward their children’s support. The Chicago mothers have struggled long and hard to for the superintendent’s family. Perhaps Home for the Friendless originally took in keep, but who now find themselves, at the worst of all, there was no deep wellspring to homeless and battered women as well as chil- commencement of winter, without the means supply water. The well went dry after the dren but soon revised its mission to focus on for support, and know they must either send first year, and water had to be brought in by only on children. The Chicago Foundling them away to be cared for elsewhere, or per- railroad. The Soldiers’ Orphans’ Home, beset Hospital specialized in caring for the aban- mit them to remain at home to suffer. The by scandals and mismanagement, conjured doned infants found with such appalling reg- state must now take these burdens of care up the worst fears of Illinois citizens about ularity on the streets and brought by the po- and responsibility where the weary mothers public institutions run badly because of pa- lice to the institution for what care and lay them down.’’ tronage appointments. comfort it could offer. The mortality rate in The separation of children from mothers The Chicago Reform School, also a public foundling hospitals was always shockingly unable to provide for them financially was a institution, won approval from most critics high; the babies had frequently suffered from tragic constant in nineteenth-century chil- for efficient management and humane treat- exposure, and feeding them adequately and dren’s institutions. At least at the Soldier’s ment of its inmates. But the school’s in- safely, in the days before infant formula and Orphans’ Home there was some connection pasteurized milk, posed a major problem. volvement with pre-delinquent boys ended maintained between children and their fami- The desertion of infants was a disturbing and with the noted O’Connell decision of 1870, lies; mothers were not required to terminate highly visible form of child mistreatment, and the institution closed shortly after this. their parental rights when they placed their provoking an 1887 law that made such aban- With the exception of the inadequate provi- children there, and it was not uncommon for donment a crime resulting in automatically sion of the poorhouse, the responsibility for the children in the institution to spend time, terminated parental rights. But not all chil- dependent children in Chicago, from 1871 to sometimes whole summers, with their moth- dren left at the foundling hospital were the end of the century, was under private ers. The population of the home fluctuated abandoned on the streets. Dr. William Ship- auspices. with the season and with the economic cli- man, founder of the hospital, witnessed a mate of the times. THE GROWTH OF PRIVATE INSTITUTIONS IN THE poignant scene in which a mother and her This enlightened aspect of the place, how- 19TH CENTURY little boy said a heartbroken farewell to ever, was not typical of the administration. The state’s minimal response to dependent their baby before placing it in the cham- The Soldier’s Orphans’ Home was often children was an obdurate problem in the pagne basket used as a receptacle outside the plagued by scandals and investigations, and nineteenth century. An equally disorganiz- foundling hospital. In typical nineteenth the treatment of the children was very ing feature of child welfare in Illinois result- century fashion. Shipman sympathized with harsh. The fact that it was a publicly funded ing from state reluctance was the prolifera- a mother pushed to such lengths, yet his as- institution meant that it was scrutinized tion of private agencies to care for children. sistance took the form of only taking the fairly intensively by the State Board of These institutions mushroomed in the state baby, not of investigating ways that the Charities, and the board found little to (particularly in Chicago) in the last half of family might stay together. praise in the orphanage. The quality of ad- the nineteenth century, offering a wide vari- One development among private institu- ministrators varied widely, since they were ety of services to children, based in part on tions that especially reflected the growing appointed by the governor. The first super- their religious and cultural identification awareness of children and their needs was intendent, Mrs. Ohr, was a Civil War colo- and in part on the variety of needs that the the Illinois Humane Society, which began its nel’s widow with small children but no busi- complex crises of urban life created. These child saving work in 1877. By the time the ness capacity and a rapacious appetite for agencies, originally meant to fill the gap left population of Cook County had begun its elegance, furnished at the expense of the by the inadequacy of state responses quickly phenomenal growth, going from 43,383 people state. In 1869, early in her tenure, both the because entrenched in the public life of the in 1850 to 607,524 in 1880. Both the stresses of Springfield Register and the Chicago Times city. Their presence contributed to the frag- city life and its anonymity provoked child voiced accusations about serious mistreat- mentation that would plague child welfare abuse, according to Oscar Dudley, director of ment of the children. Although Mrs. Ohr and efforts in Illinois through the twentieth cen- the Illinois Humane Society, who observed her staff were exonerated, one steward was tury, resulting in a lack of coordination that that ‘‘what is everybody’s business is no- dismissed on the grounds that he had made left many dependent children unserved. By body’s business’’; and thus children could be sexual advances to a number of little girls in the end of the nineteenth century, critics in terribly treated by parents and guardians the institution. Mrs. Ohr weathered this Illinois and around the country began to see even though there were laws in effect to pro- upset, kept on because she was ‘‘a mother to the dominance of private agencies as a nega- tect them. The Humane Society originally these orphans,’’ in the words of the inves- tive and talk in terms of a stronger state or- began as the Society for the Prevention of tigating committee. But eventually she went ganization; but in the mid-nineteenth cen- Cruelty to Animals, but in 1877, Director too far; a combination of totally ignoring tury, the private child welfare institutions Dudley transferred the society’s attention to the trustees’ instructions, keeping the chil- were autonomous, both organizationally and cruelty against children by arresting an abu- dren from school in order to perform chores financially, not always by their own choos- sive guardian. There was, he wrote, ‘‘no rea- around the institutions, and thoroughly ing. son that a child should not be entitled to as profligate spending finally ended her career The Chicago Orphan Asylum, founded in much protection under the law as a dumb at the Soldiers’ Ophans’ Home some twenty 1848 to respond to the crisis of the cholera animal.’’ The Illinois Society for the Preven- years after she had launched it. epidemic of that year, was the first orphan- tion of Cruelty to Animals changed its name The two superintendents who followed Mrs. age in Cook County. It was followed in 1849 to the Illinois Humane Society in 1881, rec- Ohr were more business-like in their ap- by the Roman Catholic Orphan Asylum, ognizing that over two-thirds of its inves- proach, but they had no training in the care which aimed to serve Catholic children and tigations involved cruelty against children of children, orphans or not; they were strict- keep them out of the Protestant Chicago Or- rather than animals. Dudley asserted that ly political appointments. The most difficult phan Asylum. This carving out of religious from 1881, when the Humane Society began regime for the children up to the turn of the turf, begun so early in the history of child to keep records, until the time that he was century was that of a Republican politician care institutions was to be a major factor in writing (1893), over ten thousand children named J. L. Magner, who was nicknamed the development of orphanages in Chicago. had been rescued. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12817 The rescue operations were broadened from proved of such an arrangement. They urged qualities that brought rewards in an institu- cases of abuse to the protection of children Illinois to move in the direction of states tional setting—mindless obedience, depend- exploited by their employers, particularly like Kansas and Iowa, which had converted ence, obsequiousness—were the very traits when children were forced to beg or were en- veterans’ orphans’ homes similar to the Illi- that all agreed were destructive to the form- tertainers or victims of the infamous pa- nois Soldiers’ Orphans’ Home to state insti- ing of a healthy, independence adult citizen. drone system. Dudley reported great success tutions that served all dependent children, Furthermore, institutions by their nature in finding asylums and homes for these chil- regardless of religion, ethnicity, or parental seemed to foster abuse and bad treatment. dren, a situation receiving tacit approval status. These states and others around the Exposes and investigations of various insti- from the state, which did not at this point country were moving toward a point where tutions featured accusations of physical cru- assume responsibility for neglected or the state assumed primary responsibility for elty and psychological debasement. abused children or supervise private child dependent children, not by warehousing Institutions were expensive, physically and placement activities. them in local poorhouses but by placing psychologically barren, and downright un- natural for children, according to Charles STATE INVOLVEMENT IN THE LATE 19TH them in state-run, central institutions from Loring Brace, a minister who worked for the CENTURY which they were placed out into foster and adoptive homes. This system of central state Children’s Aid Society of New York. Brace The only real state or city involvement control was known as the ‘‘Michigan Plan,’’ began a program that took the street chil- with private institutions originally was that after the first state to enact the policy. Illi- dren of New York City and sought to im- the mayor, acting as guardian for dependent nois’s neighbors Wisconsin and Minnesota, as prove their lives not by placing them in the children, had the power to place them in well as Michigan, had state institutions for highly controlled environment of an institu- child care institutions. The city of Chicago dependent children, winning the approval of tion but by resettling them in homes in mid- (where most of the children’s institutions child welfare theorists who applauded such western and western states such as Illinois. flourished), the surrounding countries, and centralization. It was, they argued, more ef- He was convinced that the best solution for the state of Illinois all proved very reluctant ficient and economical, providing children children in need of placement was to provide to contribute financially to private institu- with far better, more consistent care than Il- homes in the simplest and most direct way, tions. The city did give very occasional as- linois’s system, where a child might be relying as much as possible on the basic sistance, in times of real crisis like the chol- placed with a superb private agency but goodness that he believed informed the souls era epidemics or the Great Fire of 1871, but might also be made to endure the grim inad- of most Americans, especially those who still it was limited in quantity and very episodic. equacies of the poorhouse. lived away from the corrupting city in the The most the city would do for the Chicago ‘‘The real contest, if such it may be virtue-producing agricultural heartland of Nursery and Half-Orphan Asylum, for exam- called,’’ wrote Folks in 1900, ‘‘will be be- the nation. The methods of the Children’s ple, was to provide that the city could buy or tween the state and the contract or subsidy Aid Society reflected the simplicity of lease the land upon which the asylum would systems. To put it plainly, the question now Brace’s moral equation. Brace and his associ- be built. For the Englewood Infant Nursery, being decided is this—is our public adminis- ates would arrive in a western town with a the assistance was even more meager: in 1893 tration sufficiently honest and efficient to trainload of children, and using the medium the city provided ten tons of hard coal and be entrusted with the management of a sys- of the local churches, would call upon citi- burial space for dead babies. For the children tem for the care of destitute children, or zens to give these needy young people a who managed to survive, the funding had to must we turn that branch of public service home. The entire plan of ‘‘free foster homes’’ come from other sources. over to private charitable corporations, leav- was really only an updated version of ap- The state did make one major concession ing to public officials the functions of paying prenticeship, in which the child agreed to in funding when it agreed to provide sub- the bills; and of exercising such supervision work in exchange for care and training, ex- sidies for the industrial schools that devel- over the workings of the plan as may be pos- cept that this child-placing organization, oped in the last years of the century. The sible? ‘‘Illinois was seen as nonprogressive in aided by such technological developments as schools were modeled after English institu- its increasing use of the subsidy system, al- the railroads, reached much farther afield tions made famous by the renowned English lowing private agencies to dominate the field than the overseers of the poor had done in reformer Mary Carpenter, who in the 1870s while the state remained relatively unin- earlier times. Free foster homes differed fur- and 1880s enjoyed considerable influence in volved in the care and protection of depend- ther in that they were no legal bonds struck the United States. The primary point of the ent children. at all between the child and his foster fam- schools, reflecting the use of the word ‘‘in- This minimal level of state involvement ily. Brace firmly believed that a child who dustrial,’’ was to train children to earn their offended against another philanthropic brought a willing pair of hands to a family own living in later life, although in fact the tenet, the idea that the state should have a would be valued accordingly and could safely training tended to be geared much more to- monitoring function over all agencies, public count on good treatment in his new home. ward a traditional agricultural economy and private, as well as keeping in touch with This notion proved, not surprisingly, to be than toward anything having to do with in- children who had been placed in families. overly sanguine, as the Children’s Aid Soci- dustry. Boys learned farming, some shoe and The State Board of Charities did visit the in- ety came to discover when the accusations broommaking, woodcarving and academic dustrial schools, which got public funds, but began to grow in the later years of the cen- subjects. Girls were primarily given a com- it was not until the Juvenile Court Act was tury that New York was not really solving mon school education and taught domestic passed in 1899 that the State Board was given children’s problems by the use of its ‘‘Chil- skills. responsibility for inspection of private as dren West’’ program but was merely dump- The willingness to fund the industrial well as public agencies for children. ing one of its troublesome populations onto schools was traceable to their mission: they Another significant change from an earlier other states. At various times the Children’s were founded to deal with older, view, at least among the more ‘‘advanced’’ Aid Society conducted surveys and studies of predelinquent street children who threatened thinkers, was a rejection of institutions as its ‘‘alumni,’’ claiming a very high success the public order by begging, consorting with the best substitute for a child’s family. In rate for the program, but critics questioned objectional characters, or living in houses of the nineteenth century, institutions and asy- the quality of these studies, and oppositions ill-fame. The law establishing industrial lums of all kinds had sprung up, not only in to Brace’s program continued. The 1899 Illi- schools added that children in the poorhouse Illinois but all across the United States. nois Juvenile Court Act forbade any agencies were proper subjects for the schools, which Asylums were not intended to be a dumping to bring children unaccompanied by their meant that in practice there was a mix of ground for society’s unfortunates, as the parents or guardians, without the approval younger veterans of the street. The State county poorhouses were, but were rather of the State Board of Charities. This was Board of Charities, which inspected the supposed to be a specialized environment in partly a protection against the importing of schools, objected to this mix, but the indus- which the needs of a particular dependent child labor in Illinois, but it was a response trial schools survived this criticism, as well population could be met most effectively. as well to organizations like the Children’s as a series of court challenges ranging from But it was not long before a set of critics Aid Society. The law included the provision civil liberties concerns to objections that the arose who stressed the negative effects of in- that any child who became a public charge schools were sectarian institutions and stitutions and urged that institutional life within five years of arrival in Illinois should therefore not appropriate recipients of state should be resorted to only under special cir- be removed to his or her home state. funds. cumstances or on a very temporary basis. The notion of placing children in families The development of the subsidy system, For special cases, like the handicapped, per- and the belief that normal family life was a the state funding of private institutions on haps institutions could provide resources and far healthier situation than institutions was an amount-per-child basis, was a phenome- training that they would not receive else- firmly entrenched in child welfare thinking non noted by Homer Folks in The Care of the where, these critics agreed; but for children by the end of the century. But the earlier, Destitute, Neglected and Dependent Chil- whose greatest problem was that for one rea- more naive, notion that foster families could dren, his end-of-the-century assessment of son or another their families were not func- be trusted to care for dependent children child care trends in the United States. Nei- tioning, the negative effects of institutions without supervision had been replaced in ther Folks nor other observers of current far outweighed the positive aspects. philanthropic thinking by a belief that it philanthropic trends, groups like the na- According to the anti-institutional analy- was important for an outside agency regu- tional Conference of Charities and the Illi- sis, the regimentation in institutions was de- larly to check on the child and act in his be- nois State Board of Charities, really ap- structive of initiative and individuality. The half. Coupled with this was the beginning of S 12818 CONGRESSIONAL RECORD — SENATE September 7, 1995 a move away from ‘‘free’’ foster homes to the Muncy’s Creating a Female Dominion in PRELIMINARY ESTIMATE OF THE NUMBER OF CHILDREN belief that boarding homes, foster homes in American Reform, 1890–1935 (New York: Ox- DENIED AFDC DUE TO THE 60 MONTH TIME LIMIT IN which a family got payment for keeping the ford University Press, 1991). Marilyn Irvin THE SENATE REPUBLICAN LEADERSHIP PLAN—Contin- foster child, were most productive of humane Holt’s The Orphan Trains: Placing Out in ued treatment. Child welfare theorists and prac- America (Lincoln: The University of Ne- titioners worried that if a family’s greatest braska Press, 1992) discusses one nineteenth- Percent- inducement to take a foster child was the century solution to the plight of urban or- Number of age of child’s potential economic contribution, phans. children Projected children de- denied there might be a strong incentive for them Ms. MOSELEY-BRAUN. So, Mr. number of nied AFDC AFDC be- to over-burden him with work, at the ex- because the President, in order to make certain State children on family re- cause the pense of his academic education, which re- AFDC in family re- that we do not have this accident of ge- 2005 under ceived AFDC ceived formers were coming more and more to see ography become the difference between current law for more AFDC for as the true and proper occupation of child- than 60 months more hood. children sleeping in the streets or chil- than 60 One final change in philanthropic theory dren provided for and given suste- months that saw little reflection in practice but was nance—food and shelter—I have pro- Oklahoma ...... 111,000 37,000 33 to bring about a revolution in twentieth-cen- posed this amendment, which says that Oregon ...... 97,000 30,000 31 tury social welfare was the growing convic- Pennsylvania ...... 517,000 194,000 38 the safety net will, in any event, be Rhode Island ...... 52,000 16,000 31 tion that the best thing that could be done there for the children. And that child South Carolina ...... 135,000 37,000 27 for children was to keep them with their poverty, which is a national issue for South Dakota ...... 18,000 6,000 33 families whenever possible. Students of soci- Tennessee ...... 246,000 75,000 30 us as Americans, will not then become Texas ...... 670,000 185,000 28 ety came increasingly to regard poverty as a Utah ...... 45,000 12,000 27 result of faulty economic and social struc- balkanized in terms of the response Vermont ...... 22,000 7,000 32 ture rather than of personal failings of feck- that is given by the Government, that Virginia ...... 166,000 50,000 30 Washington ...... 237,000 75,000 32 less or lazy individuals, and they disapproved our national community recognizes West Virginia ...... 93,000 33,000 35 of the kind of casual invasion of poor fami- that child poverty is a national issue, Wisconsin ...... 205,000 61,000 30 lies’ lives that could demand the sacrifice of Wyoming ...... 14,000 4,000 29 and child welfare, in the final analysis, Territories ...... 173,000 47,000 27 parental rights in return for assistance. This has to have at least a national safety belief in the preservation of the family be- net. And that is what this first amend- Total ...... 12,000,000 3,900,000 33 came a basic underpinning of the social wel- ment provides. HHS/ASPE analysis. States may not sum to total due to rounding. fare faith as it was articulated in the next The analysis shows the impact at full implementation. fifty years, and the state of Illinois, with its Mr. President, with regard to this It assumes States utilize a 15 percent hardship exemption from the time experiment in mothers’ pension programs, amendment I understand that these limit as permitted under the bill. was to be in the forefront of progressive amendments will be taken up tomor- Child poverty rates among industrialized practice in this area. row. Let me say also that there are ta- countries In the last decade of the nineteenth cen- bles that I ask unanimous consent to Percent tury, through, the innovations that would have printed in the RECORD showing Finland ...... 2.5 make Illinois notable a few years later were the number of children who will be de- Sweden ...... 2.7 nowhere in sight. Surrounded by vigorous nied or who are in jeopardy of being de- Denmark ...... 3.3 neighbors, Illinois was considered conserv- Switzerland ...... 3.3 ative in its reluctance to deal with its child nied assistance by virtue of the oper- Belgium ...... 3.8 welfare functions and in its willingness to re- ation of the underlying legislation. Luxembourg ...... 4.1 linquish the charge to private agencies. In There being no objection, the tables Norway ...... 4.6 fact, the state’s attitude toward dependent were ordered to be printed in the Austria ...... 4.8 children had changed very little in the RECORD, as follows: Netherlands ...... 6.2 course of the nineteenth century. The first France ...... 6.5 laws and provisions for dependent children PRELIMINARY ESTIMATE OF THE NUMBER OF CHILDREN Germany (West) ...... 6.8 had reflected a lack of ardor bordering on in- DENIED AFDC DUE TO THE 60 MONTH TIME LIMIT IN Italy ...... 9.6 difference, and at the end of the century, the THE SENATE REPUBLICAN LEADERSHIP PLAN United Kingdom ...... 9.9 state’s engagement in child welfare, despite Israel ...... 11.1 the crisis engendered by rapid growth and Percent- Ireland ...... 12.0 economic stress, was tepid at best. The com- Canada ...... 13.5 Number of age of bination of fiscal conservatism and ethnic children Australia ...... 14.0 Projected children de- denied and religious tensions meant that state ac- number of nied AFDC AFDC be- United States ...... 21.5 tion was regarded with suspicion in many because the State children on family re- cause the quarters and kept efforts fragmented and in- AFDC in family re- Ms. MOSELEY-BRAUN. Mr. Presi- 2005 under ceived AFDC ceived dent, in my State of Illinois, quite adequate to the need. There was also a fear current law for more AFDC for that the patronage and corruption for which than 60 frankly, it suggests some 34 percent of months more Illinois was already famous might make than 60 the children may be denied AFDC or state administration of programs for depend- months may be denied subsistence if the family ent children less effective than privately run Alabama ...... 122,000 37,000 30 violates the time limitation rule, efforts. Ironically, it was in part this very Alaska ...... 30,000 8,000 27 which would translate, Mr. President, disorganization and inaction that would lead Arizona ...... 170,000 46,000 27 Arkansas ...... 63,000 20,000 32 in some 203,000 children being at risk of to the founding of the Juvenile Court and California ...... 2,241,000 807,000 36 bring Illinois, however briefly, within the Colorado ...... 101,000 28,000 28 homelessness, being at risk of hunger. Connecticut ...... 136,000 41,000 30 I do not believe, Mr. President, that pale of reformers’ approval. Delaware ...... 28,000 8,000 29 FOR FURTHER READING District of Columbia ...... 56,000 21,000 38 we can take the kind of chances to Florida ...... 605,000 156,000 26 allow our children to once again end up The Historical Society Library has numer- Georgia ...... 348,000 116,000 33 ous pamphlets, annual reports, and other Hawaii ...... 48,000 15,000 31 as homeless half-orphans and friendless materials from institutions such as the Chi- Idaho ...... 17,000 4,000 24 foundlings. We have to assure our na- Illinois ...... 598,000 203,000 34 cago Nursery and Half-Orphan Asylum, the Indiana ...... 177,000 56,000 32 tional commitment is to child welfare, Chicago Home for the Friendless, and the Iowa ...... 82,000 25,000 30 and that the safety of our children is a Chicago Foundlings’ Hospital. For a broad Kansas ...... 73,000 22,000 30 Kentucky ...... 187,000 59,000 32 paramount concern and one that will historical perspective on the United States’s Louisiana ...... 235,000 81,000 34 not be abrogated without regard to care for needy children, see Joseph Hawes’s Maine ...... 55,000 19,000 35 what we do with regard to this legisla- The Children’s Rights Movement: A History Maryland ...... 185,000 59,000 32 Massachusetts ...... 256,000 82,000 32 tion overall. It is for that purpose that of Advocacy and Protection (Boston: Twayne Michigan ...... 553,000 217,000 39 Publishers, 1991) and James Leiby’s A His- Minnesota ...... 155,000 50,000 32 I file and submit this first amendment. tory of Social Welfare and Social Welfare Mississippi ...... 153,000 53,000 35 UNANIMOUS-CONSENT AGREEMENT Missouri ...... 218,000 73,000 33 and Social Work in the United States (New Montana ...... 28,000 7,000 25 Mr. NICKLES. Mr. President, I make York: Columbia University Press, 1978). To Nebraska ...... 39,000 12,000 31 a unanimous consent agreement re- learn more about child welfare reform be- Nevada ...... 30,000 9,000 30 New Hampshire ...... 24,000 7,000 29 quest. I ask unanimous consent that tween the Progressive era and the New Deal, New Jersey ...... 302,000 100,000 33 all amendments to H.R. 4 must be of- see Mina Carson’s Settlement Folk: Social New Mexico ...... 72,000 19,000 26 Thought and the American Settlement New York ...... 917,000 303,000 33 fered by 5 p.m. tomorrow; that if clo- North Carolina ...... 281,000 88,000 31 Movement, 1885–1930 (Chicago: The Univer- North Dakota ...... 15,000 5,000 33 ture is filed in relation to H.R. 4 or an sity of Chicago Press, 1990) and Robyn Ohio ...... 597,000 171,000 29 amendment thereto that the vote not September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12819 occur on that cloture motion prior to 6 sibility Act. Essentially it says that other work preparation activities and p.m. on Wednesday, September 13; that States shall not just knock somebody, support services that the State find ap- no amendment be given more than 4 a family, off for failing to meet the propriate.’’ hours equally divided; and the two work requirement unless they have Now, that is fine language. I have no leaders have up to 10 relevant amend- helped them to try and find a job. problem with that. But the question ments that would not have to be of- It is kind of basic. I will read it: becomes what if the State does not do fered by 5 p.m. tomorrow. The limitation described . . . shall not this? What then happens to the fami- The PRESIDING OFFICER (Mr. apply to a family receiving assistance under lies? What then happens to the chil- BURNS). Without objection, it is so or- this part if the State fails to provide the dren? dered. work experience, assistance in finding em- Again, this amendment simply, I Mr. NICKLES. Mr. President, I thank ployment, and other work preparation ac- think, seeks to clarify that in the my friend and my colleagues on both tivities. event the State has not done that, has sides of the aisle. Mr. President, the underlying legisla- not provided work experience assist- I announce that there will be no fur- tion, has a cutoff for assistance and ance in finding employment or the ther rollcall votes until morning. rules regarding work. For individuals work for the work preparation activi- There will be votes tomorrow morning, who do not go to work, they will not ties, that the individual then will not votes starting at 9:30. We may have as receive any support. be penalized for circumstances frankly many as three or four amendments we That is fine, Mr. President. I think that then are legitimately and, in a will be voting on, for Senators’ infor- we can all agree again, anybody who way that can be documented, beyond mation, so we ask them to be prompt. can work should work and anybody their control. Again, no more votes tonight. who has children ought to be respon- So that is the second amendment We will stay here for some additional sible in the first instance to take care that I submit for consideration of my time if Senators have additional of them. colleagues. amendments they wish to have consid- However, Mr. President, it is also a Mr. NICKLES. I appreciate the Sen- ered. We will be happy to consider reality that there are parts of this ator offering her amendments tonight. those. We have taken up a lot and we country in which frankly there are not Would the Senator please give us a are setting those aside and so I think the employment opportunities avail- copy of the amendments? I have a copy we are making some good progress on able that people can even take jobs. of your first amendment and comments the bill. The absence of jobs in some areas I or questions I might ask. If the Sen- Again, no further rollcall votes to- think is a major problem and frankly ator would like to go ahead, if we could night, and we will have rollcall votes defies some of the suggestions made have copies of both the second and stacked tomorrow morning beginning here that the problem with people re- third amendments, that would help. at 9:30. I thank my friend and colleague ceiving public assistance is that they Ms. MOSELEY-BRAUN. Absolutely. I from Illinois for allowing me to inter- just do not want to work. The fact of thought I had provided the Senator rupt. the matter is that the problem in very with a copy, but I will give it to him Ms. MOSELEY-BRAUN. Mr. Presi- many instances is that there are no right now. dent, I want to submit all of my jobs for people to work at. Even if they This is the third amendment and this amendments at this time. I want to wanted to work there are no jobs. is the second. make certain that I have enough time In fact, in my own State, we have AMENDMENT NO. 2473 TO AMENDMENT NO. 2280 to discuss and file my amendment this areas of my State in which unemploy- (Purpose: To modify the job opportunities to evening. ment ranges from 20 to 40 percent. The certain low-income individuals program) AMENDMENT NO. 2472 TO AMENDMENT NO. 2280 statistics indicate that 80 percent, The PRESIDING OFFICER. If there (Purpose: To prohibit a State from imposing frankly, of African-American males be- is no objection, the previous amend- a time limit for assistance if the State has tween the ages of 16- and 19-years-old ment will be laid aside. failed to provide work activity-related in the city of Chicago are currently un- services to an adult individual in a family The clerk will report. employed. The assistant legislative clerk read receiving assistance under the State pro- Mr. President, 55 percent of the 20- to gram) as follows: 24-year-olds are out of work. It is not Ms. MOSELEY-BRAUN. Mr. Presi- The Senator from Illinois [Ms. MOSELEY- possible to move recipients into perma- dent, my second amendment speaks to BRAUN] proposes an amendment numbered nent private-sector jobs if there is no the issue of State responsibility. I call 2473 to amendment No. 2280. effort to provide or create those jobs it a State responsibility amendment. I Ms. MOSELEY-BRAUN. Mr. Presi- and if the jobs are not there and if indi- send the amendment to the desk. dent, I ask unanimous consent that viduals have not been given some as- The PRESIDING OFFICER. The reading of the amendment be dispensed sistance in terms of transitioning. clerk will report. with. The assistant legislative clerk read Under the bill that we have before The PRESIDING OFFICER. Without as follows: the Senate, the number of people par- objection, it is so ordered. ticipating in the work/job preparation The Senator from Illinois [Ms. MOSELEY- The amendment is as follows: activities is estimated to increase by BRAUN] proposes an amendment numbered On page 122, between lines 11 and 12, insert 2472 to amendment No. 2280. over 161 percent by the year 2000. the following: Again, that means that States like Illi- Ms. MOSELEY-BRAUN. Mr. Presi- SEC. 111. MODIFICATIONS TO THE JOB OPPORTU- dent, I ask unanimous consent reading nois will receive some $444 million less NITIES FOR CERTAIN LOW-INCOME of the amendment be dispensed with. in AFDC funds, but on the other hand INDIVIDUALS PROGRAM. The PRESIDING OFFICER. Without be required to increase by 122 percent Section 505 of the Family Support Act of the number of people participating in 1988 (42 U.S.C. 1315 note) is amended— objection, it is so ordered. (1) in the heading, by striking ‘‘DEM- The amendment is as follows: work and job preparation activity. Those numbers just do not fit. Eight ONSTRATION’’; On page 40, between lines 16 and 17, insert (2) by striking ‘‘demonstration’’ each place the following: into three will not go. The numbers do it appears; ‘‘(4) FAILURE OF STATE TO PROVIDE WORK-AC- not add up therefore, I think it really (3) in subsection (a), by striking ‘‘in each TIVITY RELATED SERVICES.—The limitation is a real concern that States not be al- of fiscal years’’ and all that follows through described in paragraph (1) shall not apply to lowed to just kick people off without ‘‘10’’ and inserting ‘‘shall enter into agree- a family receiving assistance under this part ments with’’; if the State fails to provide the work experi- having done what the bill says they should do in providing people with (4) in subsection (b)(3), by striking ‘‘aid to ence, assistance in finding employment, and families with dependent children under part other work preparation activities and sup- transition to work. The text of the legislation says that A of title IV of the Social Security Act’’ and port services described in section inserting ‘‘assistance under the State pro- 402(a)(1)(A)(ii) to the adult individual de- the State has to outline how they in- gram funded part A of title IV of the Social scribed in paragraph (1). tend to ‘‘provide a parent or caretaker Security Act in the State in which the indi- Ms. MOSELEY-BRAUN. The second in such families with work experience, vidual resides’’; amendment I call the State Respon- assistance in finding employment and (5) in subsection (c)— S 12820 CONGRESSIONAL RECORD — SENATE September 7, 1995 (A) in paragraph (1)(C), by striking ‘‘aid to the demonstration program, most of cution of the underlying bill. This families with dependent children under part them had become economically self- amendment is designed to serve as a A of title IV of the Social Security Act’’ and sufficient within a year of their in- buttress against what has been charac- inserting ‘‘assistance under the State pro- volvement or interaction with the pro- terized as the race to the bottom. gram funded part A of title IV of the Social Security Act’’; and gram. Essentially, if a State decides to cut (B) in paragraph (2), by striking ‘‘aid to So the JOLI Program addresses the its cash assistance benefits, to cut the families with dependent children under title scarcity of jobs in many urban as well amount that it spends to address the IV of such Act’’ and inserting ‘‘assistance as rural communities and recognizes issue of poverty within that State, under the State program funded part A of the need to ensure that welfare recipi- then that State will be prohibited from title IV of the Social Security Act’’; ents and other low-income people have carrying forward unused block grant (6) in subsection (d), by striking ‘‘job op- access to employment opportunities in funds. portunities and basic skills training program (as provided for under title IV of the Social the private sector. It utilizes the ca- This is called—I call this the race-to- Security Act’’ and inserting ‘‘the State pro- pacity of community-based organiza- the-bottom amendment. The notion is, gram funded under part A of title IV of the tions and the private sector to develop if we send the States this money in a Social Security Act’’; and jobs so individuals who right now are block grant, there is nothing to pro- (7) by striking subsections (e) through (g) mired in poverty will have some op- hibit that State from saying we do not and inserting the following: tions and have some hope, and will want to have assistance for poor chil- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— have the ability to take care of them- dren. We are not going to address the For the purpose of conducting projects under this section, there is authorized to be appro- selves and their families. issue of job creation. We are not going priated an amount not to exceed $25,000,000 Again, we are talking about the 5 to train people to go back to work. We for any fiscal year.’’. million people who are adults who are are not going to provide the children Redesignate the succeeding sections ac- presently receiving public assistance with any assistance. We are just going cordingly. and who will, therefore, hopefully, be to further squeeze the amount of re- Ms. MOSELEY-BRAUN. Mr. Presi- given a hand up as opposed to a hand- sources devoted to the whole issue of dent, I am actually delighted that the out—will be given the ability to work, poverty in our State and we are going Senator from New York is on the floor will be given the ability to care for to take the money we get from the at this moment, because this next themselves and their children. I think Federal Government and use that to go amendment essentially makes perma- job creation is an integral part of any from year to year to year to year and nent a part of the Family Support Act honest welfare reform that we under- not maintain our own effort. that establishes what is called the Job take to have in this session of the Sen- If one State does it, then the next Opportunities for Low-income Individ- ate. State would be incentivized, if you uals Program. AMENDMENT NO. 2474 TO AMENDMENT NO. 2280 will, to do as much, which will then The JOLI Program—that is what it is (Purpose: To prohibit a State from reserving start—hopefully not, but might well called, JOLI, Job Opportunities for grant funds for use in subsequent fiscal start, if you will—a race to the bottom Low-income Individuals—is to create years if the State has reduced the amount and a cycle of the States trying to un- job opportunities for AFDC recipients of assistance provided to families under derbid one another in terms of the and other low-income individuals. the State program in the preceding fiscal amount of assistance that they provide Grants can be made to private, non- year) for poor people who live in that State. profit corporations to make invest- Ms. MOSELEY-BRAUN. Mr. Presi- I think that would be a real tragedy. ments in local business enterprises dent, I have a last amendment I send to As a result, this amendment simply that will result in the creation of new the desk. says that a State may not carry over jobs. This amendment authorizes ap- The PRESIDING OFFICER. If there funds from one year to the next if they propriations for a program that is al- is no objection, the pending amend- have reduced the amount of benefits ready in place as a demonstration pro- ment will be set aside. that are available for poor children and gram. This would make it permanent. The clerk will report the amendment. for poor families in that State. The rationale for the amendment is The assistant legislative clerk read Again, this stops the States from pe- that the underlying bill does not pro- as follows: nalizing poor people in ways that vide any support at all for job creation. The Senator from Illinois [Ms. MOSELEY- would be inconsistent with the legisla- Even though S. 1120 requires some kind BRAUN] proposes an amendment numbered tion. So it is, in that regard, simply a 2474 to amendment No. 2280. of work activity within 24 months, and preventive, protective, prophylactic eligibility for assistance ends after Ms. MOSELEY-BRAUN. Mr. Presi- amendment, if you will. some 60 months, whether the individ- dent, I ask unanimous consent that The other reason for this legislation, ual has found a job or not. So, there is reading of the amendment be dispensed just to be real candid in terms of the no question but that we will need to with. dollars, frankly, is that this legisla- see a great creation of thousands of The PRESIDING OFFICER. Without tion—because of the level of appropria- private-sector jobs in order to absorb objection, it is so ordered. tions, it has been estimated that the The amendment is as follows: the influx of new workers. States will, overall, have to cut. They So the JOLI Program actually helps. On page 25, strike lines 13 through 18, and will not have enough money, frankly, insert the following: It is working. It helps individuals to to do what is required of them in the ‘‘(3) AUTHORITY TO RESERVE CERTAIN become self-sufficient through the de- AMOUNTS FOR ASSISTANCE.— legislation. CBO has already advised velopment of microenterprises for eco- ‘‘(A) IN GENERAL.—A State may reserve that most States will not have the nomic development and other kinds of amounts paid to the State under this part for money to provide for the kind of job job training. The really good news any fiscal year for the purpose of providing, training, the kinds of transition serv- about JOLI is that this is not without fiscal year limitation, assistance ices—or certainly child care in this leg- reinventing the wheel. It is already in under the State program operated under this islation. So, that being the case, there place. It was authorized under section part. should not be any money left over. But ‘‘(B) EXCEPTION.—In any fiscal year, a 505 of the Family Support Act of 1988. State may not exercise the authority de- in the event there is, I think we should Under a recent evaluation of JOLI, scribed in subparagraph (A) if the State has put a buttress and a stop that says we the first 20 JOLI intermediaries—that reduced the amount of cash assistance pro- are not going to allow States to engage is, community-based organizations vided per family member to families under in this race to the bottom, engage in that are the grantees—have assisted the State program during the preceding fis- this effort to see who can be the most some 334 individuals to start or sta- cal year. punitive with regard to poor people in bilize their own businesses, and it has Ms. MOSELEY-BRAUN. Mr. Presi- that State. assisted an additional 535 people to se- dent, this last amendment—again, this So that is the last amendment. cure employment in jobs paying an av- is one of these efforts to keep the worst Mr. President, I want, in closing— erage wage of about $8 an hour, which from happening. Again, we all hope it and I have wanted to give my colleague is really quite remarkable. Of the 869 does not happen, that the States are a chance, so I kind of rushed through a low-income individuals benefiting from not less than responsible in their exe- little bit to try to speed up so he would September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12821 have the opportunity to present his who is born into poverty suffers the ac- But the first amendment that the amendment—to talk about this issue in cident of having been born poor. As a Senator has is a big one. It is an impor- another context. friend of mine once said, ‘‘It is your tant one. Our colleague should be able I had occasion, back in my State, to own fault for being born to poor par- to understand it. So I ask this ques- meet with and work with a task force ents.’’ I could not disagree with that tion: I am reading under ‘‘eligibility.’’ members came from all sectors—from point. This is talking about the underlying the business sector, from the commu- But the fact of matter is, we have to bill. But also I might mention under nity activist sector, people who were make sure that the accident of being the Daschle bill, there was a time limit advocates, actual welfare mothers born to poor parents is not exacerbated for welfare payments from the Federal served on the panel—to talk about the by where that took place. Government, 5 years. Under the amend- issues having to do with our response The question is whether or not, as ment of the Senator from Illinois, it to poverty. I started my conversation Americans, we will have the foresight says after the 5 years should expire and this evening saying welfare is not and to recognize that through this as the a welfare recipient still has a depend- has never been anything other than a very central issue of the nature of our ent child, the State would be mandated response to poverty; a response that Federal Government, the nature of to provide a voucher program to pro- engenders strong feelings, certainly, Federalism and the nature of our Na- vide assistance to the minor child. but that is what it is. We must not lose tion and the kind of country that we Is that correct? sight of the underlying issue as we ap- will have. Will we have a country in Ms. MOSELEY-BRAUN. That is cor- proach the question of how well the re- which everyone recognizes that the rect. sponse works. welfare of a child in Oklahoma, in Ne- Mr. NICKLES. The Senator also men- The point is that I believe we have, vada, or Iowa is as important to the tions that she did not want to have un- when all is said and done—we can talk Senator from California and the Sen- funded mandates in one of the other about differences in philosophy about ator from Illinois and the Senator from amendments but this would be—correct block grants and whether or not there New York as the welfare of a child in me, if I am wrong, you do not fund this is too much Federal bureaucracy. Al- his or her own State, or will we have a program. You just mandate that the though, frankly, the numbers, by the situation in which by virtue of the bal- States after 5 years would have to pro- way, do not support the notion that a kanization provided by this underlying vide a voucher program to provide as- whole lot of money that is presently bill, the only children about whose wel- sistance even though we do not give dedicated to the AFDC Program goes fare you or I can have a say about are them any money? into administration on the Federal the children in the State from which Ms. MOSELEY-BRAUN. We will not level. we are elected? give them the money. In fact, if any- In fact, most of the administrative I do not think, Mr. President, that is thing, the welfare of those children in expenses take place at the State level. a direction that the American people those families, if anything, should have I think it is important that we make want to see us fall off to. first dibs on the block grants that we that point. As we talk about the devolution in at the Federal Government level are I think it is also important—and I Government, the devolution that we providing the money that goes to the am digressing here—to point out that ought to consider to welfare work bet- States that is calculated to, and the because most of the administration ter, making it work efficiently, giving whole idea is to provide for the welfare takes place at the State and local people opportunity, giving people an of minor dependent children. level, it is likely that by operation of opportunity to go to work, giving chil- So if that minor dependent child has this new law, should it pass, the States dren the kind of care and the kind of a parent who does not comply with the will in fact be stuck with what has safety net that they need to have so work requirement or misses some other been called a huge unfunded mandate that they will have opportunities, so test that is set up, that child will still in that they will be called on to admin- they possibly will not have to be born be provided for first. to poor children, and their children, ister and to do things that they do not So, if anything, I call this the child whether or not they will have to be presently have the resources to do. And voucher, but really, if anything, it born to poor parents, that their chil- they are going to have to find the re- should be called the Child First amend- dren will have a chance to do better. ment. sources to do that from places other That is, it seems to me, consistent than the Federal Government. We will Mr. NICKLES. I wanted to make with the American dream and is con- sure, though, that we understood. Be- not be there to help out with State ef- sistent with the whole concept of what forts to create jobs. We will not be cause this has a benefit, it would not this Nation is about. have been provided under the Daschle there to help out with child care. We I therefore hope that a direction that will not be there to help out with the substitute. this bill takes in the final analysis, Ms. MOSELEY-BRAUN. Yes, it would administration of whatever the State when all is said and done, and the response is. That is a fundamental have. This particular safety net for amendments are put on it, that we re- children was provided for in the problem I think with the underlying affirm and not reject and walk away bill. Daschle substitute. from our national commitment to ad- Mr. NICKLES. I will be happy to re- But the point that I really want to dress the issue of poverty and to pro- make is one that the Senator from New view it. I appreciate my colleague. vide for the welfare of all of our chil- I just looked at the other amend- York I think has eloquently spoken to, dren. ment. She has one amendment that and it does go to the fundamental issue Thank you. says you want to have a pilot program of debate in all of this. That is the Mr. NICKLES. Mr. President, will the and you wanted to authorize $25 mil- question of common ground. That is Senator yield for a question? lion for the job opportunities for cer- the issue of whether or not we have a I compliment my colleague, one, for tain low-income individuals. Is that commitment as a national community her interest in her State, her constitu- correct? to address the issue of poverty, to ad- ents, and also for the fact that she has Ms. MOSELEY-BRAUN. That is cor- dress the issue of child welfare, or I think four or five amendments, and rect. whether or not we are prepared to bal- she was waiting to offer those tonight Mr. NICKLES. That is a program we kanize as a country into 50 different and discuss those. I have not had a have ongoing now. welfare systems, into 50 different re- chance to review all of them. I have Ms. MOSELEY-BRAUN. That is cor- sponses to poverty, into 50 different ap- looked at a couple of them. rect. proaches to child welfare, and whether I know my colleague from Pennsylva- Mr. NICKLES. How much are we ap- or not the welfare and the well-being, nia has an amendment he wishes to propriating for that program at this the possibility of potential for hunger, offer. We may have other amendments. point? the possibility of the potential for So I will be very brief. I will review Ms. MOSELEY-BRAUN. We are right homelessness of a child in this country these amendments a little more in de- now at about 5.6. So $5.6 million. will depend on an accident of geog- tail over the night and talk about them Mr. NICKLES. Just for my col- raphy. It is bad enough that a child possibly tomorrow. leagues’ information, according to S 12822 CONGRESSIONAL RECORD — SENATE September 7, 1995 CRS, we have 154—I have heard now Mr. NICKLES. Mr. President, I will to multiply programs by that kind of 155—various employment and training just make a brief statement, not nec- multiplier at this point. programs. This is one program that essarily continue the colloquy. The overall scope of this bill says we you would like to maybe take out of I appreciate the commitment of my are going to be saving—if we pass this the block grants and increase its fund- friend and colleague from Illinois. Just bill, we are going to be saving $70 bil- ing by fivefold. Is that correct? a couple of comments pertaining to lion. Now, we are talking about big Ms. MOSELEY-BRAUN. This is a this amendment. money. I will go back to the amend- demonstration. This is not just about This second amendment we have been ment that our colleague from Illinois training. There is a demonstration pro- discussing is rather small. It says we raised before, but I wish to be really gram that is already in existence for would have a $25 million pilot program brief because I know our colleague micro-enterprises development, for a to continue a program we already have from Pennsylvania has an amendment. variety of approaches to economic de- and quadruple its costs or multiply it But the initial amendment is a very velopment and job creation for low-in- by five. big amendment. And I will have to come individuals. This already exists. That is directly contrary to what we compare it—and I appreciate her state- Yet the increase is $5.4 million in fiscal are trying to do in this bill. As I men- ment that it was in the Daschle sub- year 1995. tioned before, according to CRS we stitute, but as I understand it, it is a Yes, there is a fivefold increase in the have 154—I put this in the RECORD ear- bill that would basically waive the 5- funding for this job training and job lier today—Federal job training pro- year requirement or time limit. creation program for low-income indi- grams, some of which—and I know my President Clinton said that he want- viduals. It is that increase. colleague from New York is the author ed to have a time limit, and we are But I would point out to my col- and sponsor of some—some of which talking about Federal payments—have league that there is no question— have probably done some good. A whole a time limit on how long an individual again, in the eyes of what we are with lot of them probably have not. And so or family can receive money from the doing here—that there is a suggestion to think that we have 155 and my col- Federal Government. If we are to end that you cannot do welfare reform and league from Illinois has picked out welfare as we know it, we are going to put people to work on the cheap. You one—— have to have some limitations. As I are going to have to make investment Ms. MOSELEY-BRAUN. Will the Sen- read the first amendment, as long as in those counties, in those States such ator yield for just a comment? there is a dependent minor child, you as Wisconsin where there is a success- This is not a job training program. would continue to have assistance. Now, the assistance from the Federal ful welfare reform experiment under This has nothing to do with job train- Government would be terminated after way. There is no question that to tran- ing. The JOLI Program is job creation. 5 years, cash assistance. Under the sition people from welfare to work re- It gives poor people the opportunity to Senator’s amendment, the State would quires that we give them something to access money, equity capital in order provide vouchers for supplemental as- work at, give them skills, training, and to start their own businesses and start sistance. That is an unfunded mandate. micro-enterprise loans to start busi- their own jobs. It is not job training. Maybe the States could take it from nesses or whatever. But there is some That is why it was distinct from the other savings in the program. I will try assistance required to leverage human job training debate. That is a whole to study that a little more. But the es- capability to provide that they get other debate. If you take a look at sence of it is the family can be on wel- back into the private sector and to get what the Family Support Act language fare forever if they continue to have back to work. that created the JOLI program you will see that it is not a job training children. And that is not the thrust of There are two counties in Wisconsin program. This amendment says let us what we are trying to do in the bill in which there have been work to wel- give poor people the opportunity to which is to have real incentive to get fare, a work transition pilot program. create their own jobs. off welfare, to break the welfare de- There is no question but that the in- Mr. NICKLES addressed the Chair. pendency cycle and to make some im- vestment is made on the front end to Ms. MOSELEY-BRAUN. If I may just provements. give individuals the ability to transfer respond to my colleague, since we are I do appreciate my colleague’s intro- off of welfare and to transfer from de- in a colloquy, some of the initiatives duction of the amendments and her pendency to independency. under JOLI have come from other parts statements and also her dedication to The JOLI Program has done that. It of the world. There has been a famous some of the things she is trying to do. has done it successfully. It was initi- experiment that started actually in But at least as far as this Senator is ated as a part of the Family Support India, I say to the Senator from New concerned, I do not think we will be, at Act. It works. It is not like trying York, in which poor people were given least I will not be able to accept the something brand new. It has worked. tiny loans called microloans to start first amendment as well. I will look at It seems to me that in light of the their own businesses. the other couple of amendments that fact that job creation is not addressed So it is not job training, and it is to our colleague introduced and will con- at all in the underlying legislation— be distinguished from the job training sider those. So again I would like to in- and it is not. There is no ability for debate. form my colleagues tomorrow morning creating jobs in the bill without this Mr. NICKLES addressed the Chair. at 9:30 my guess is we will have several amendment. The PRESIDING OFFICER. The Sen- rollcall votes. And again I thank my Mr. NICKLES. Will the Senator yield ator from Oklahoma has the floor. colleague from Illinois for introducing on that? Mr. NICKLES. Mr. President, I again her amendments. Ms. MOSELEY-BRAUN. Let me fin- appreciate my colleague’s initiative, Ms. MOSELEY-BRAUN. I wish to ish my point. In light of that fact that her commitment to her cause. I will thank my colleague from Oklahoma, there is no effort to leverage private just state that this Senator is going to except I would just say one thing. I do activities to create jobs, this amend- vote against it, and this will probably not mind the Senator taking issue with ment says let us take something that be one we will have a rollcall vote on the amendment one way or another, works and let us expand it so that since tomorrow. It does increase the author- but I think it is real important not to the States have to have, since individ- ization of this program by fivefold. One misrepresent what the amendment is uals who live in these various States may not call it a jobs program. I would about. It is not about keeping families will have to comport and comply with have to look and see if it was included on welfare forever. It is a child-first work requirements, let us give the on the list according to CRS as a Fed- amendment. It has to do with children. States some assistance in providing job eral employment and/or job training If the State decides to have a shorter creation and private sector entre- program. Maybe it is a lending pro- time limit than the bill or the family preneurial activity. gram. I am not sure it belongs—if it is is cut off because the parent will not go Mr. NICKLES addressed the Chair. a lending program and financing pro- to work, then we have to I think main- The PRESIDING OFFICER. The Sen- gram, maybe it should or should not be tain some kind of a safety net for that ator from Oklahoma. in this bill. I do not know that I want child. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12823 I do not believe the President of the the flexibility to run their own pro- AMENDMENT NO. 2477 TO AMENDMENT NO. 2280 United States or any other Member of gram without all the tripwires and red- (Purpose: To eliminate certain welfare bene- this body wants to set up a set of rules tape that is involved in the Federal fits with respect to fugitive felons and pro- that would leave us with 6-year-old system. bation and parole violators, and to facili- children sleeping in streets homeless That is Governors, as I said before, tate sharing of information with law en- forcement officers, and for other purposes) and hungry. I do not believe anybody Republican Governors, who represent Mr. SANTORUM. Mr. President, I wants to do that. But we do not have 80 percent of the welfare recipients in ask unanimous consent that the pend- any guarantee in the underlying legis- this country. Republican Governors are ing amendment be set aside, and I send lation, and that is what this amend- from States that represent 80 percent ment seeks to fix. an amendment to the desk. of welfare recipients and they say this The PRESIDING OFFICER. Without I yield the floor. is a good deal; they can live with this; objection, it is so ordered. The pending Mr. SANTORUM addressed the Chair. they want this. And they can create The PRESIDING OFFICER. The Sen- amendment will be set aside. The clerk the jobs to put the people to work as will report the amendment. ator from Pennsylvania. required by this legislation. Mr. SANTORUM. I thank the Chair. I The legislative clerk read as follows: I would also say that we eliminate, in The Senator from Pennsylvania [Mr. rise to offer an amendment. Before I do the Dole bill we eliminate the provi- that, I just want to make a couple of SANTORUM], for himself and Mr. NICKLES, sion in current law, which was main- proposes an amendment numbered 2477 to comments about what the Senator tained in the Daschle bill, we eliminate amendment No. 2280. from Illinois stated and characterized the provision that says if you are a Mr. SANTORUM. Mr. President, I the Republican leadership bill, which I city or State or any other kind of mu- ask unanimous consent that the read- am very hopeful will be adopted by the nicipality, you can no longer fill a va- ing of the amendment be dispensed Senate. She says that the bill balkan- cancy with a welfare recipient. That is with. izes welfare reform into 50 separate current law. You cannot fill a vacancy The PRESIDING OFFICER. Without programs and that this is bad, that ev- with a welfare recipient in a court- objection, it is so ordered. eryone should be treated the same. house or school or any other munici- The amendment is as follows: I happen to believe that that is the pality or government entity. On page 42, line 2, insert ‘‘, Social Security problem with this system, that every- What we say is, if there is a vacancy number, and photograph (if applicable)’’ be- body is treated the same and not par- there and you want to give someone on fore ‘‘of any recipient’’. ticularly well, and the balkanization welfare a chance, you can fill that va- On page 42, between lines 21 and 22, insert into 50 separate programs is a bad idea. the following new subsection: cancy with someone. I used the exam- But balkanization into a million indi- ‘‘(e) DENIAL OF ASSISTANCE FOR ABSENT ple earlier today, when we talked about vidual efforts to help poor people in our CHILD.—Each State to which a grant is made this, of folks on a road crew standing society is a good idea. And that is what under section 403— there with that sign: ‘‘Slow,’’ ‘‘Stop.’’ ‘‘(1) may not use any part of the grant to this bill does. You cannot fill that vacancy, if it oc- provide assistance to a family with respect Sure, it gives a lot of flexibility to curs, with a welfare recipient. to any minor child who has been, or is ex- the States, but there are many provi- You can today under the Dole provi- pected by the caretaker relative in the fam- sions in this bill which tell the States ily to be, absent from the home for a period sion. That is creating jobs. You want to and direct the States and encourage of 45 consecutive days or, at the option of the States to go farther; to go down to talk about creating job slots, that cre- the State, such period of not less than 30 and the local level and to the community ates a lot of job slots in communities not more than 90 consecutive days as the level and make this a program that is across this country that are illegal State may provide for in the State plan; a program that talks about commu- today. So we do expand the opportuni- ‘‘(2) at the option of the State, may estab- ties for people on welfare to get jobs lish such good cause exceptions to paragraph nities and neighborhoods helping (1) as the State considers appropriate if such neighborhoods and friends helping under this piece of legislation. Mr. President, one other comment. exceptions are provided for in the State plan; friends. And that is the dynamism that and is in this bill that has never been tried The Senator from Illinois said that ‘‘(3) shall provide that a caretaker relative from a Federal perspective before. children should not suffer because of shall not be considered an eligible individual So, yes, it is balkanization but not to being born accidentally into poverty. for purposes of this part if the caretaker rel- 50 but to 50 times 50 times 50 and more. Unfortunately, in this country and ative fails to notify the State agency of an And that is the excitement about this every other country in the world, pov- absence of a minor child from the home for erty exists. The difference between the period specified in or provided for under bill. That is why we are so committed paragraph (1), by the end of the 5-day period to seeing this happen. other countries and this country is that when you are born into poverty, that begins on the date that it becomes clear The Senator from Illinois also said to the caretaker relative that the minor that there is nothing in this bill about you are not frozen into poverty by the child will be absent for the period so speci- job creation, and I have heard this over Government which does not allow you fied or provided for in paragraph (1). and over and over again. And I feel like to rise in society. On page 130, line 8, insert ‘‘, Social Secu- a broken record getting up and re- There are many cultures and civiliza- rity number, and photograph (if applicable)’’ sponding to it. But I will say several tions in this world that doom you to before ‘‘of any recipient’’. the life in which you were born, but we On page 198, between lines 14 and 15, insert things. the following new section: do not have a caste system in this The Senator from Illinois said there SEC. ll. DISQUALIFICATION OF FLEEING FEL- is nothing about job creation. What she country. We do not have levels of class- ONS. is referring to, I assume the Senator is es in this country. The greatness of Section 6 of the Food Stamp Act of 1977 (7 referring to is that there is no Federal this country is that the grandson of a U.S.C. 2015), as amended by section 319(a), is dollars to place people in employment. coal miner who lived in a company further amended by adding at the end the There is no specific pot of Federal dol- town outside of Johnstown, PA, can be following new subsection: a U.S. Senator, as I am. ‘‘(o) No member of a household who is oth- lars to say we will pay for employment erwise eligible to participate in the food slots and for supervision and for paying That is the greatness of this country, stamp program shall be eligible to partici- their stipend while they are working. that we still offer opportunity, and pate in the program as a member of that or What I would say is that the Gov- that is what is lacking in the current any other household during any period dur- ernors of the States, the Republican system. We disincentivize people from ing which the individual is— Governors of the States, I believe 29 getting off the welfare roll by provid- ‘‘(1) fleeing to avoid prosecution, or cus- out of 30 of the Governors have said ing, as Franklin Roosevelt said, the tody or confinement after conviction, under that this bill is an acceptable bill to subtle narcotic to the masses of wel- the laws of the place from which the individ- them; that they do not need a big pot fare. We are going to get rid of the sub- ual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of of money if they can run their own pro- tle narcotic and turn that into the place from which the individual flees, or gram; that they can do it cheaper and Powerade, into a system to give them which, in the case of the State of New Jer- better, put more people to work, get the energy and the opportunity to sey, is a high misdemeanor under the laws of more people off the rolls if they have move forward and rise. such State; or S 12824 CONGRESSIONAL RECORD — SENATE September 7, 1995

‘‘(2) violating a condition of probation or ‘‘(7) provide that it shall be cause for im- offered by Representative BLUTE of parole imposed under Federal or State law.’’. mediate termination of the tenancy of a pub- Massachusetts having to do with fugi- On page 302 after line 5, add the following lic housing tenant if such tenant— tive felons who receive welfare. new section: ‘‘(A) is fleeing to avoid prosecution, or cus- Yes, that is right. There are people SEC. 504. INFORMATION REPORTING. tody or confinement after conviction, under who are fleeing the law, felons in which (a) TITLE IV OF THE SOCIAL SECURITY the laws of the place from which the individ- ual flees, for a crime, or attempt to commit warrants are out for their arrest, who ACT.—Section 405 of the Social Security Act, are hiding from the law on the welfare as added by section 101(b), is amended by a crime, which is a felony under the laws of adding at the end the following new sub- the place from which the individual flees, or rolls. You say, ‘‘How does that hap- section: which, in the case of the State of New Jer- pen?’’ Someone has been convicted of a ‘‘(f) STATE REQUIRED TO PROVIDE CERTAIN sey, is a high misdemeanor under the laws of felony and has escaped or violated pa- INFORMATION.—Each State to which a grant such State; or role or has been issued a warrant for is made under section 403 shall, at least 4 ‘‘(2) is violating a condition of probation or their arrest on a felony charge and is times annually and upon request of the Im- parole imposed under Federal or State law.’’; eluding the law. While eluding the law, and migration and Naturalization Service, fur- they sign up for welfare to support nish the Immigration and Naturalization (2) in section 8(d)(1)(B)— (A) in clause (iii), by striking ‘‘and’’ at the their eluding the law. Service with the name and address of, and You say, ‘‘Well, how can this hap- other identifying information on, any indi- end; vidual who the State knows is unlawfully in (B) in clause (iv), by striking the period at pen?’’ It is very easy to happen, be- the United States.’’. the end and inserting ‘‘; and’’; and cause in most States in this country, if (b) SSI.—Section 1631(e) of such Act (42 (C) by adding after clause (iv) the following you are on the welfare rolls and the po- U.S.C. 1383(e)) is amended— new clause: lice department wants to find out if (1) by redesignating the paragraphs (6) and ‘‘(v) it shall be cause for termination of the you are on the welfare rolls and they tenancy of a tenant if such tenant— (7) inserted by sections 206(d)(2) and 206(f)(1) have a felony warrant for your arrest, of the Social Security Independence and Pro- ‘‘(I) is fleeing to avoid prosecution, or cus- tody or confinement after conviction, under the welfare department cannot tell the grams Improvement Act of 1994 (Public Law police department that you are receiv- 103–296; 108 Stat. 1514, 1515) as paragraphs (7) the laws of the place from which the individ- and (8), respectively; and ual flees, for a crime, or attempt to commit ing benefits. Why? Because your rights (2) by adding at the end the following new a crime, which is a felony under the laws of to privacy are protected. If you are on paragraph: the place from which the individual flees, or the welfare rolls, you have a right of ‘‘(9) Notwithstanding any other provision which, in the case of the State of New Jer- privacy. of law, the Commissioner shall, at least 4 sey, is a high misdemeanor under the laws of You may be a murderer. In fact, one times annually and upon request of the Im- such State; or of the reasons I offered this amend- migration and Naturalization Service (here- ‘‘(II) is violating a condition of probation or parole imposed under Federal or State ment is just last year in Pittsburgh—I after in this paragraph referred to as the have a July 29, 1994, article about a ‘Service’), furnish the Service with the name law;’’. and address of, and other identifying infor- (b) PROVISION OF INFORMATION TO LAW EN- man who was on the welfare rolls. mation on, any individual who the Commis- FORCEMENT AGENCIES.—Section 28 of the When they found this guy in Philadel- sioner knows is unlawfully in the United United States Housing Act of 1937, as added phia, they found him and searched him, States, and shall ensure that each agreement by section 504(c) of this Act, is amended by obviously, and they found a welfare entered into under section 1616(a) with a adding at the end the following new sub- card with his photo on it, his correct State provides that the State shall furnish section: name. He did not even bother to lie such information at such times with respect ‘‘(b) EXCHANGE OF INFORMATION WITH LAW ENFORCEMENT AGENCIES.—Notwithstanding about what his name was. He was pro- to any individual who the State knows is un- tected by privacy. You say this must lawfully in the United States.’’. any other provision of law, each public hous- ing agency that enters into a contract for as- be an odd occurrence. This was a mur- (c) HOUSING PROGRAMS.—Title I of the United States Housing Act of 1937 (42 U.S.C. sistance under section 6 or 8 of this Act with derer, fleeing the law for years and col- 1437 et seq.), as amended by section 1004, is the Secretary shall furnish any Federal, lecting Government benefits. further amended by adding at the end the State, or local law enforcement officer, upon In Cleveland, they did a sting oper- following new section: the request of the officer, with the current ation, and they rounded up a lot of fel- address, Social Security number, and photo- ons at this sting operation and ‘‘SEC. 28. PROVISION OF INFORMATION TO LAW graph (if applicable) of any recipient of as- ENFORCEMENT AND OTHER AGEN- searched them, and they found out that CIES. sistance under this Act, if the officer— ‘‘(1) furnishes the public housing agency a third of the people they caught in the ‘‘(a) NOTICE TO IMMIGRATION AND NATU- with the name of the recipient; and sting operation that had existing war- RALIZATION SERVICE OF ILLEGAL ALIENS.— Notwithstanding any other provision of law, ‘‘(2) notifies the agency that— rants were on welfare. the Secretary shall, at least 4 times annually ‘‘(A) such recipient— I visited the police department in and upon request of the Immigration and ‘‘(i) is fleeing to avoid prosecution, or cus- Philadelphia and talked to their fugi- Naturalization Service (hereafter in this sub- tody or confinement after conviction, under tive task force. They have a fugitive section referred to as the ‘Service’), furnish the laws of the place from which the individ- task force in the police department in the Service with the name and address of, ual flees, for a crime, or attempt to commit Philadelphia. They have some 50,000 a crime, which is a felony under the laws of and other identifying information on, any in- outstanding fugitive warrants in the dividual who the Secretary knows is unlaw- the place from which the individual flees, or which, in the case of the State of New Jer- city of Philadelphia. Historically, what fully in the United States, and shall ensure the police officers have said is any- that each contract for assistance entered sey, is a high misdemeanor under the laws of into under section 6 or 8 of this Act with a such State; or where from 65 to 75 percent of the fel- public housing agency provides that the pub- ‘‘(ii) is violating a condition of probation ons they catch are on welfare of some lic housing agency shall furnish such infor- or parole imposed under Federal or State sort, whether it is food stamps or mation at such times with respect to any in- law; or AFDC, SSI, you name it, they are col- dividual who the public housing agency ‘‘(iii) has information that is necessary for lecting money while eluding the law. knows is unlawfully in the United States.’’. the officer to conduct the officer’s official duties; Not having to sign up for legitimate At the appropriate place, insert the follow- ‘‘(B) the location or apprehension of the re- work where they might be caught, they ing new section: cipient is within such officer’s official du- can stay home and run around with ll SEC. . ELIMINATION OF HOUSING ASSIST- ties; and their buddies at night and collect wel- ANCE WITH RESPECT TO FUGITIVE FELONS AND PROBATION AND PA- ‘‘(C) the request is made in the proper exer- fare. So you support them while the ROLE VIOLATORS. cise of the officer’s official duties.’’. Federal Government and the State and (a) ELIGIBILITY FOR ASSISTANCE.—The Unit- Mr. SANTORUM. Mr. President, the local counties try to track them down. ed States Housing Act of 1937 (42 U.S.C. 1437 amendment that I sent to the desk I This is absurd. et seq.) is amended— hope is going to be a noncontroversial So what we are suggesting is that the (1) in section 6(l)— amendment. I believe it is one that welfare offices, when contacted by the (A) in paragraph (5), by striking ‘‘and’’ at should get broad support, hopefully police department, must give the po- the end; (B) in paragraph (6), by striking the period unanimous support, of this body. It is lice department, if they have a war- at the end and inserting ‘‘; and’’; and an amendment that is very similar in rant—I am not talking about people (C) by inserting immediately after para- nature to one that was adopted in the just wanting to search who is on the graph (6) the following new paragraph: House of Representatives on their bill welfare rolls, but if you have a warrant September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12825 for someone’s arrest, a felony warrant, work. It is probably quite accurate. To ‘‘(aa) for each State, annually beginning in that you can contact the welfare office think that that is happening, it needs 1996; and say, ‘‘Has such and such signed up to be stopped. His amendment would go ‘‘(bb) for each county and local unit of gen- eral purpose government referred to in for welfare?’’ You can give the name a long way toward stopping it. clause (i), in 1996 and at least every second and address. And you will find, at least I ask unanimous consent to be added year thereafter; and the police told me, when it comes to re- as a cosponsor, and I hope my col- ‘‘(cc) for each school district, in 1998 and at ceiving welfare benefits, they give the leagues support it. least every second year thereafter. correct address to receive those bene- The PRESIDING OFFICER. Without ‘‘(iii) AUTHORITY TO AGGREGATE.— fits. They do not lie about what ad- objection, it is so ordered. ‘‘(I) IN GENERAL.—If reliable data could not dress those benefits go to. So you get Mrs. FEINSTEIN. Mr. President, I otherwise be produced, the Secretary may, ask unanimous consent that the pend- for purposes of clause (ii)(I)(aa), aggregate the name, the address—we have the school districts, but only to the extent nec- name—the address, the Social Security ing amendment be temporarily set essary to achieve reliability. number and a photo because a lot of aside. ‘‘(II) INFORMATION RELATING TO USE OF AU- these folks just have police sketches. The PRESIDING OFFICER. Without THORITY.—Any data produced under this You might have what their name is, objection, it is so ordered. clause shall be appropriately identified and but you may not have a good photo or AMENDMENT NO. 2469, AS MODIFIED shall be accompanied by a detailed expla- it may not be a recent photo. Mrs. FEINSTEIN. I want to modify a nation as to how and why aggregation was So what we do is give police a tre- used (including the measures taken to mini- prior amendment and also introduce mize any such aggregation). mendous advantage, at least according two additional amendments. I will try ‘‘(iv) REPORT TO BE SUBMITTED WHENEVER to the police departments I have talked to be brief. I call up amendment No. DATA IS NOT TIMELY PUBLISHED.—If the Sec- to and the research I have done, in 2469 and send a modification to the retary is unable to produce and publish the tracking down fugitive felons. desk. Once the amendment has been data required under this subparagraph for As I said before, I do not think this is modified, I ask unanimous consent any county, local unit of general purpose a controversial measure. I think this is that it be laid aside in the previous government, or school district in any year something that can and should be sup- order of consideration. specified in clause (ii)(II), a report shall be ported by everyone. submitted by the Secretary to the President The PRESIDING OFFICER. The of the Senate and the Speaker of the House There is an additional provision in amendment is so modified. of Representatives, not later than 90 days be- the bill that deals with another prob- The amendment (No. 2469), as modi- fore the start of the following year, enumer- lem on AFDC, and that is the term fied, is as follows: ating each government or school district ex- ‘‘when a child is temporarily absent Beginning on page 18, line 22, strike all cluded and giving the reasons for the exclu- from the home.’’ What happens there? through page 22, line 8, and insert the follow- sion. This is a separate issue than the fugi- ing: ‘‘(v) CRITERIA RELATING TO POVERTY.—In tive issue, but it is included in the ‘‘(3) SUPPLEMENTAL GRANT AMOUNT FOR carrying out this subparagraph, the Sec- amendment. POVERTY POPULATION INCREASES IN CERTAIN retary shall use the same criteria relating to STATES.— poverty as were used in the then most recent We have situations where you have a ‘‘(A) IN GENERAL.—The amount of the grant census of population under section 141(a) of mother and children or a child who, un- payable under paragraph (1) to a qualifying title 13, United States Code (subject to such fortunately, may be sent to prison or State for each of fiscal years 1997, 1998, 1999, periodic adjustments as may be necessary to sent to detention, or whatever the case and 2000 shall be increased by the supple- compensate for inflation and other similar may be, but be out of the home for a mental grant amount for such State. factors). period of years. Under the laws in most ‘‘(B) QUALIFYING STATE.—For purposes of ‘‘(vi) CONSULTATION.—The Secretary shall States, because the Federal law does this paragraph, the term ‘qualifying State’, consult with the Secretary of Education in with respect to any fiscal year, means a carrying out the requirements of this sub- not define ‘‘temporarily absent,’’ what State that had an increase in the number of paragraph relating to school districts. happens is that mom continues to re- poor people as determined by the Secretary ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— ceive welfare benefits for that child, under subparagraph (D) for the most recent There are authorized to be appropriated to even though the child has not lived in fiscal year for which information is avail- carry out this subparagraph $1,500,000 for the home for years or months because able. each of fiscal years 1996 through 2000.’’ they are in jail. ‘‘(C) SUPPLEMENTAL GRANT AMOUNT.—For AMENDMENT NO. 2478 We think that is sort of a silly idea. purposes of this paragraph, the supplemental (Purpose: To provide equal treatment for If the child is being otherwise detained grant amount for a State, with respect to naturalized and native-born citizens) any fiscal year, is an amount which bears because of incarceration as a runaway, the same ratio to the total amount appro- Mrs. FEINSTEIN. Mr. President, I whatever the case may be, we should priated under paragraph (4)(B) for such fiscal send an amendment to the desk and not continue to pay the mother the year as the increase in the number of poor ask for its immediate consideration. benefits for the child who is no longer people as so determined for such State bears The PRESIDING OFFICER. The living there. That, you would think, is to the total increase of poor people as so de- clerk will report. pretty much common sense, but under termined for all States. The legislative clerk read as follows: the Federal law today, that is not com- ‘‘(D) REQUIREMENT THAT DATA RELATING TO The Senator from California [Mrs. FEIN- mon sense. So we define what ‘‘tempo- THE INCIDENCE OF POVERTY IN THE UNITED STEIN] proposes an amendment numbered STATES BE PUBLISHED.— 2478. rarily absent’’ is. ‘‘(i) IN GENERAL.—The Secretary shall, to Again, I am hopeful this amendment the extent feasible, produce and publish for Mrs. FEINSTEIN. Mr. President, I will be agreed to and adopted, but I am each State, county, and local unit of general ask unanimous consent that reading of going to ask at this point for the yeas purpose government for which data have the amendment be dispensed with. and nays. been compiled in the then most recent cen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a sus of population under section 141(a) of title objection, it is so ordered. sufficient second? 13, United States Code, and for each school The amendment is as follows: There appears to be a sufficient sec- district, data relating to the incidence of On page 274, lines 23 and 24, strike ‘‘indi- ond. poverty. Such data may be produced by vidual (whether a citizen or national of the means of sampling, estimation, or any other United States or an alien)’’ and insert The yeas and nays were ordered. method that the Secretary determines will Mr. NICKLES. Mr. President, I wish ‘‘alien’’. produce current, comprehensive, and reliable On page 275, line 5, strike ‘‘individual’’ and to compliment my colleague from data. insert ‘‘alien’’. Pennsylvania. I think this is an excel- ‘‘(ii) CONTENT; FREQUENCY.—Data under On page 275, line 10, strike ‘‘individual’s’’ lent amendment. It is kind of bother- this subparagraph— and insert ‘‘alien’s’’. some to think that there might be ‘‘(I) shall include— On page 275, line 11, strike ‘‘individual’’ thousands of fleeing felons receiving ‘‘(aa) for each school district, the number and insert ‘‘alien’’. welfare, and maybe because there is a of children age 5 to 17, inclusive, in families On page 275, line 14, strike ‘‘individual’’ below the poverty level; and and insert ‘‘alien’’. lack of coordination between law en- ‘‘(bb) for each State and county referred to On page 275, line 20, strike ‘‘individual’’ forcement and welfare agencies and of- in clause (i), the number of individuals age 65 and insert ‘‘alien’’. fices, they are able to get away with it. or older below the poverty level; and On page 275, line 21, strike ‘‘individual’’ I do not doubt my colleague’s home- ‘‘(II) shall be published— and insert ‘‘alien’’. S 12826 CONGRESSIONAL RECORD — SENATE September 7, 1995 On page 276, lines 2 and 3, strike ‘‘individ- the Constitution does contain one federal deeming provisions under various ual (whether a citizen or national of the other distinction with regard to natu- benefits programs operate only as against United States or an alien)’’ and insert ralized citizens and their qualifications aliens (see, e.g., 42 U.S.C. § 615 (AFDC); 7 ‘‘alien’’. to be Members of Congress. It says, U.S.C. 2014(i) (Food Stamps)) and we are not On page 276, line 14, strike ‘‘individual’’ aware of any comparable restrictions on citi- and insert ‘‘alien’’. ‘‘No person shall be a representative zen eligibility for federal assistance. As a On page 278, line 1, strike ‘‘NONCITIZENS’’ who shall not have attained the age of matter of policy, we think it would be a mis- and insert ‘‘ALIENS’’. 25 years and been 7 years a citizen of take to begin now to relegate naturalized On page 278, line 8, strike ‘‘a noncitizen’’ the United States.’’ That is whether citizens—who have demonstrated their com- and insert ‘‘an alien’’. they are native-born or naturalized. It mitment to our country by undergoing the On page 278, line 13, strike ‘‘a noncitizen’’ also says, ‘‘No person shall be a Sen- naturalization process—to a kind of second- and insert ‘‘an alien’’. ator who shall not have attained the class status. On page 278, line 16, strike ‘‘a noncitizen’’ The provision might be defended legally on and insert ‘‘an alien’’. age of 30 years, and been 9 years a citi- the grounds that it is an exercise of Con- On page 278, line 22, strike ‘‘a noncitizen’’ zen of the United States.’’ gress’ plenary authority to regulate immi- and insert ‘‘an alien’’. I do not believe our forefathers nec- gration and naturalization, or, more specifi- On page 279, line 4, strike ‘‘a noncitizen’’ essarily foresaw the specifics of the de- cally, to set the terms under which persons and insert ‘‘an alien’’. bate which is before us today. But I do may enter the United States and become On page 279, line 6, strike ‘‘A noncitizen’’ believe they considered what distinc- citizens. See Mathews v. Diaz, 426 U.S. 67 and insert ‘‘An alien’’. tions should be made between natural- (1976); Toll v. Moreno, 458 U.S. 1, 10–11 (1982). We are not convinced that this defense would On page 279, line 8, strike ‘‘noncitizen’’ and ized and native-born citizens. And the insert ‘‘alien’’. prove persuasive. Though Congress undoubt- result of that consideration is reflected Mrs. FEINSTEIN. Mr. President, the edly has power to impose conditions prece- in the Constitution. dent on entry and naturalization, the provi- Dole bill requires that income and re- The Department of Justice has ex- sion at issue here would function as a condi- sources of an immigrant sponsor be pressed serious concerns about the con- tion subsequent, applying to entrants even deemed as available to the immigrant stitutionality on the proscription of after they become citizens. It is not at all when determining eligibility for all benefits as applied to naturalized citi- clear that Congress’ immigration and natu- federally funded, means-tested pro- ralization power extends this far. zens in this bill. In a letter to Senator While the rights of citizenship of the na- grams. This is the case, whether or not KENNEDY, dated July 18, a copy of the immigrant is a United States citi- tive born derive from § 1 of the Fourteenth which was also provided to me, Assist- Amendment and the rights of the naturalized zen. In other words, it creates two ant Attorney General, Andrew Fois citizen derive from satisfying, free of fraud, classes of citizens. A naturalized citi- states: the requirements set by Congress, the latter, zen, under the Dole bill, could not be The deeming provision, as applied to citi- apart from the exception noted [constitu- eligible for any form of assistance. I zens, would contravene the basic equal pro- tional eligibility for President], becomes a believe this is unprecedented and, as I tection tenet that ‘‘the rights of citizenship member of the society, possessing all the said, creates two classes of American of the native born and of the naturalized per- rights of a native citizen, and standing, in citizens, which will surely be chal- son are of the same dignity and are coexten- the view of the constitution, on the footing lenged in the courts on constitutional sive.’’ of a native. The constitution does not au- The letter goes on to say: thorize Congress to enlarge or abridge those grounds. rights. The simple power of the national Leg- So I rise today to offer an amend- To the same effect, the provision might be islature, is to prescribe a uniform rule of ment to this bill to provide equal treat- viewed as a classification based on national naturalization, and the exercise of this ment for naturalized and native-born origin; among citizens otherwise eligible for power exhausts it, so far as respects the indi- U.S. citizens. This amendment is co- government assistance, the class excluded by vidual. operation of the deeming provision is limited sponsored by Senators KOHL and SIMON. Schneider v. Rusk, 377 U.S. 163, 166 (1964) (in- to those born outside the United States. A It is supported by the National Gov- ternal quotations omitted) (statutory re- classification based on national origin, of striction on length foreign residence applied ernors Association, the National Con- course, is subject to strict scrutiny under to naturalized but not native born citizens ference of State Legislatures, the Na- equal protection review, and it is unlikely violates Fifth Amendment equal protection tional Association of Counties, the Na- that the deeming provision could be justified component). tional League of Cities, the United under this standard. Alternatively, it might be argued in de- States Catholic Conference, and the At this time, Mr. President, I ask fense of the provision that it classifies not Leadership Conference on Civil Rights, unanimous consent that the full text of by reference to citizenship at all, but rather as well as several other organizations. the letter from the Justice Department on the basis of sponsorship; only those natu- ralized citizens with sponsors will be af- The amendment simply removes any be printed in the RECORD. fected. Again, we have doubts about whether reference to citizens in all places in the There being no objection, the letter this characterization of the provision would underlying bill that require deeming, was ordered to be printed in the be accepted. State courts have rejected an and leaves in place the deeming re- RECORD, as follows: analogous position with respect to state quirements for benefits to legal aliens. U.S. DEPARTMENT OF JUSTICE, deeming provisions, finding that the provi- I think the question before the Sen- OFFICE OF LEGISLATIVE AFFAIRS, sions constitute impermissible discrimina- ate is this: Does the Constitution of Washington, DC, July 18, 1995. tion based on alienage despite the fact that the United States of America provide Hon. EDWARD M. KENNEDY, they reach only sponsored aliens. See for two distinct classes of United U.S. Senate, Barannikov v. Town of Greenwich, 643 A.2d 251, 263–64 (Conn. 1994); El Souri v. Dep’t of So- States citizens—those who are natural- Washington, DC. DEAR SENATOR KENNEDY: This letter fol- cial Services, 414 N.W.2d 679, 682–83 (Mich. ized and those who are native-born? I lows your question to Attorney General 1987). Because the deeming provision in ques- know of only one benefit which is de- Janet Reno regarding the constitutionality tion here, as applied to citizens, is directed nied by the Constitution to citizens of of the deeming provisions in pending immi- at and reaches only naturalized citizens, the our country who were not born in this gration legislation at the Senate Judiciary same reasoning would compel the conclusion country, and that one thing is the Committee’s oversight hearing on June 27. that it constitutes discrimination against Presidency of the United States. Arti- You have asked for our views regarding the naturalized citizens. Cf. Nyquist v. Mauclet, ‘‘deeming’’ provisions of section 204 of S. 269, cle II, section 1 of the Constitution ex- 432 U.S. 1, 9 (1977) (‘‘The important points are Senator Simpson’s proposed immigration that [the law] is directed at aliens and that pressly states that ‘‘no person, except a legislation. Our comment here is limited to only aliens are harmed by it. The fact that natural born citizen, or a citizen of the the question raised by application of section the statute is not an absolute bar does not United States at the time of the adop- 204 to naturalized citizens. mean that it does not discriminate against tion of the Constitution, shall be eligi- We have serious concerns about section the class.’’) (invalidating state law denying ble to the office of President.’’ That is 204’s constitutionality as applied to natural- some, but not all, resident aliens financial where the line is drawn for me. ized citizens. So applied, the deeming provi- assistance for higher education). I do not believe that, absent a con- sion would operate to deny, or reduce eligi- So understood, the deeming provision, as bility for, a variety of benefits including stu- applied to citizens, would contravene the stitutional amendment, the Constitu- dent financial assistance and welfare bene- basic equal protection tenet that ‘‘the rights tion gives this body the authority to fits to certain United States citizens because of citizenship of the native born and of the deny outright any benefits, save that they were born outside the country. This ap- naturalized person are of the same dignity one, to naturalized citizens. Article I of pears to be an unprecedented result. Current and are coextensive.’’ Schneider, 377 U.S. at September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12827 165. To the same effect, the provisions might In this bill, the deeming provision ex- cated shall pass through directly to the be viewed as a classification based on na- tends even to naturalized citizens. county the portion of the grant received by tional origin; among citizens otherwise eligi- Therefore, they would not be eligible. the State under section 403 which the State ble for government assistance, the class ex- Mr. NICKLES. If an immigrant determines is attributable to the residents of cluded by operation of the deeming provision such county; and is limited to those born outside the United comes into the country and goes ‘‘(C) the duration of the project shall be for States. A classification based on national or- through the processes to be a natural- 5 years. igin, of course, is subject to strict scrutiny ized U.S. citizen, they are required now ‘‘(3) COMMENCEMENT OF PROJECT.—After the under equal protection review, see Korematsu to have a sponsor, a sponsor that states conclusion of the negotiations described in v. United States, 323 U.S. 214 (1944), and it is that they will make sure that they will paragraph (2), the Secretary of Health and unlikely that the deeming provision could be not be a ward of the Government for Human Services and the Secretary of Agri- justified under this standard. See some period of time. culture may authorize a county to conduct the demonstration project described in para- Barannikova, 643 A.2d at 265 (invalidating Does the Senator know what that pe- state deeming provision under strict scru- graph (2) in accordance with the rules estab- tiny); El Souri, 414 N.W.2d at 683 (same). riod would be? lished during the negotiations. The Office of Management and Budget has Mrs. FEINSTEIN. I did know and I ‘‘(4) REPORT.—Not later than 6 months advised that there is no objection to the sub- cannot remember what it was. after the termination of a demonstration mission of this letter from the standpoint of Mr. NICKLES. I will review that. project operated under this subsection, the the Administration’s program. Mrs. FEINSTEIN. This is not just a Secretary of Health and Human Services and Sincerely, legal immigrant, but a naturalized citi- the Secretary of Agriculture shall submit to ANDREW FOIS, zen too. the Congress a report that includes— Assistant Attorney General. ‘‘(A) a description of the demonstration We are not talking here about remov- project; Mrs. FEINSTEIN. Mr. President, to a ing that requirement for legal immi- ‘‘(B) the rules negotiated with respect to great extent, we are a Nation of immi- grants in this amendment. This is just the project; and grants. There are very few of us in this for naturalized citizens. ‘‘(C) the innovations (if any) that the coun- body who could claim not to have been Mr. NICKLES. I am happy to have ty was able to initiate under the project. a product, in some way, of immigrants. the Senator’s amendment. I have not Mrs. FEINSTEIN. Mr. President, My mother was born in St. Peters- seen it before. I will be happy to review throughout the welfare debate it has burg, Russia. She left that country hid- it and we will take it up tomorrow often been stated that people closest to ing in a hay cart during the revolution. morning. the problem know how to best deal They crossed Siberia on their long Mrs. FEINSTEIN. I thank the Sen- with it. journey to California. My grandmother ator from Oklahoma very much. In fact, many States assign adminis- was widowed shortly after arriving in AMENDMENT NO. 2479 TO AMENDMENT NO. 2280 tration of Federal welfare programs to this country, left with four small chil- (Purpose: To provide for State and county counties. As a former mayor, and a dren. My uncle was a carpenter. My demonstration programs) former county supervisor, that cer- mother did not enjoy good health as a Mrs. FEINSTEIN. I send another tainly is the case in California. child and was hospitalized for many amendment to the desk. Many of the innovations and suc- years. There was no widow’s pension The PRESIDING OFFICER. The pre- cesses currently under discussion have then, no AFDC. And I am not one that vious amendment shall be laid aside. been initiated at the local level. In my believes that immigrants should come The clerk will report. earlier remarks on welfare reform, I to the United States to get on the dole. The bill clerk read as follows: mentioned several of them—initiatives But we do have a naturalization proc- The Senator from California, [Mrs. FEIN- made by counties to put people to ess which, after the designated waiting STEIN], proposes an amendment numbered work, to devise programs to really run period, and after meeting certain re- 2479 to amendment No. 2280. their programs with efficiency, and ap- quirements, immigrants take an oath, Mrs. FEINSTEIN. Mr. President, I propriate for their local communities. they become citizens of the United ask unanimous consent that reading of This amendment affirms that there States, with all of the privileges and the amendment be dispensed with. will be no limitation on the ability of benefits accorded to native-born citi- The PRESIDING OFFICER. Without a State to conduct innovative and ef- zens, save the one spelled out in the objection, it is so ordered. fective demonstration projects in one Constitution that I have read today. The amendment is as follows: or more of its political subdivisions. This bill essentially says that even if On page 69, strike lines 18 through 22, and It empowers the Secretary of Health naturalized—even if a naturalized citi- insert the following: and Human Services to jointly nego- zen for 20 years, your sponsor’s income ‘‘SEC. 418. STATE AND COUNTY DEMONSTRATION tiate with any county or group of coun- will be deemed as yours, and you will PROGRAMS. ties having a population greater than not be eligible for Federal benefits. ‘‘(a) NO LIMITATION OF STATE DEMONSTRA- 500,000 to conduct a demonstration Even if that sponsor is dying from TION PROJECTS.—Nothing in this part shall be project where the county would have cancer, and no matter what happens to construed as limiting a State’s ability to the authority and duty to administer the naturalized citizen, that natural- conduct demonstration projects for the pur- the operation of the welfare program ized citizen is exempted from coverage pose of identifying innovative or effective covered by this bill. program designs in 1 or more political sub- In essence, what it is saying, for under this bill. divisions of the State. I believe that violates the equal pro- ‘‘(b) COUNTY WELFARE DEMONSTRATION large counties, or a group of small tection clause of our Constitution and PROJECT.— counties, like in Wisconsin for exam- jeopardizes the fairness of the legisla- ‘‘(1) IN GENERAL.—The Secretary of Health ple, the Secretary would have the au- tion. So the amendment that I am sub- and Human Services and the Secretary of thority to be able to negotiate so that mitting is essentially equal treatment Agriculture shall jointly enter into negotia- the grant would go directly from Wash- for naturalized and native-born citi- tions with all counties or a group of counties ington to the counties. zens. having a population greater than 500,000 de- What does this mean? It means you Mr. NICKLES. Will the Senator yield siring to conduct a demonstration project take the State out of it. Why do I want described in paragraph (2) for the purpose of for a question? establishing appropriate rules to govern es- to take the State out of it? Because I Mrs. FEINSTEIN. Yes. tablishment and operation of such project. know what States do. They charge a Mr. NICKLES. I will be brief. I think ‘‘(2) DEMONSTRATION PROJECT DESCRIBED.— cost, they set up a bureaucracy, and I understand the amendment. The Sen- The demonstration project described in this therefore a portion of the money will ator is saying that immigrants to the paragraph shall provide that— end up in the State. The State can country should be able to receive wel- ‘‘(A) a county participating in the dem- often not send that money to the coun- fare benefits just as any other citizen onstration project shall have the authority ties, or find a reason not to send it, and can, is that correct? and duty to administer the operation of the even use it for other purposes. program described under this part as if the Mrs. FEINSTEIN. Only if they have county were considered a State for the pur- So in this amendment, the State in become United States citizens. In other pose of this part; which the demonstration county is lo- words, the deeming provision does not ‘‘(B) the State in which the county partici- cated would pass directly to the county apply if you are naturalized. pating in the demonstration project is lo- the portion of the grant determined by S 12828 CONGRESSIONAL RECORD — SENATE September 7, 1995 the State as attributable to the resi- they under the supervision of a family area-wide means test for full reim- dents of that county. day care home provider. bursement, tier I, of meals served in The duration of the demonstration Early this year, the operator of Wis- family day care and provides a much project is 5 years, after which time the consin’s smallest non-profit sponsor in smaller reimbursement for meals Secretary is directed to report to the my State, Linda Leindecker of Hori- served in homes that do not fall within Congress on the description, rules, and zon’s Unlimited in Green Bay, met a qualifying geographic area, tier II. innovations initiated under the with me to discuss her specific con- The Democratic alternative to the ma- project. Essentially, the block grants cerns about the proposals to modify jority leader’s bill also provides for ge- of the large counties could go directly the program she helps deliver. The ographic based means testing for to the counties, thereby I believe, CACFP, she pointed out, has greater CACFP but provides a slightly higher based on my experience, it would save benefits than might meet the eye. second tier reimbursement. money and be more efficiently used. While the clear goal of the program is Wisconsin’s day care home sponsors This was in the bill, my understand- to enhance the nutritional status of are alarmed by the small tier II home ing is, as it was originally drafted, and children receiving care by family day reimbursement and worry that this it was removed. We would by this care homes, it has many less obvious lower level of reimbursement will amendment place it back. It is similar benefits. Linda pointed out that the eliminate the incentive for family day to an amendment which was in the program provides a strong incentive for care homes to become licensed and ap- prior Daschle bill. small family day care homes to become proved by the State. As some homes I thank the Chair. I yield the floor. licensed by the State. A recent survey drop out of the program and operate Mr. FEINGOLD. Mr. President, I ask of over 1,200 day care homes in Wiscon- underground, even fewer will enter the that the pending amendment tempo- sin found that over 70 percent of those program at all, making regulated day rarily be set aside so I can offer two surveyed became licensed because of care less accessible and less affordable amendments which I expect will be ul- CACFP benefits. That means children to parents of young children. Sponsors timately accepted. are more likely to be in day care homes are also worried that the nutritional The PRESIDING OFFICER. Without that provide a safe and more healthy quality of meals served in tier II homes objection, the amendment will be set environment with more nutritious will decline as well. Fifteen cents, they aside. meals than unregulated day care point out, doesn’t buy much of a Mr. FEINGOLD. The first relates to a homes. These so-called ‘‘underground’’ healthy mid-day snack. study of the impact of changes on the homes are not only operating without I share those concerns, Mr. Presi- child care food program on program health or safety standards, but they dent. I am concerned that the marginal participation and family day care pro- are also better able to evade compli- benefit of day care home participation viders. ance with income tax laws as well. may no longer justify the cost of being I have worked with the majority and Not only must family day care homes regulated or licensed by the State. If minority on the Agriculture Commit- participating in the CACFP comply that is the case, I am concerned that tee on the language of the amendment, with State regulations, they are also not only the quality of day care will and I expect it will be accepted by the subject to random inspections of all decline, but that the quantity of af- floor managers. their homes by the CACFP sponsors. fordable day care will fall as well. Mr. President, This amendment is CACFP care providers must also under- While we are debating a bill that pro- very simple and it addresses an issue of go extensive nutrition education and poses to send more low-income parents great concern raised by my constitu- training programs conducted by spon- to work, it is important that there be ents in Wisconsin. sors to ensure that the children in par- A few months ago, the House of Rep- an adequate supply of safe and afford- ticipating homes are eating nutritious able day care for their children. resentatives repealed the entitlement meals as required by the program. In Mr. President, my amendment tries status for the Child and Adult Care total, Wisconsin family day care pro- to address those concerns by requiring Food Program and placed its funding in viders are serving nearly 12.5 million USDA to study the impact of the a block grant of other child nutrition healthy breakfasts, lunches, suppers changes to CACFP made in this bill on programs. The 10,000 family day care and snacks annually. program participation, family day care home sponsors in the United States Mr. President, the message I have home licensing and the nutritional worried the program would be swal- heard loud and clear from Linda and quality of meals served in family day lowed up by the larger, more well- other Family Day Care Home sponsors care homes. Since the impact of these known programs such as the Special in Wisconsin is that while the primary changes will likely be felt within the Supplemental Food Program for benefit of the family day care home first year or two following enactment, Women, Infants and Children. portion of the CACFP is the enhanced my amendment calls for a one-time The Family Day Home sponsors, who nutritional status of children in small study of this matter, rather than an administer aspects of the CACFP knew day care homes, the second most im- annual review. the House proposal effectively meant portant benefit is the role of this pro- the end of this very important pro- gram in creating more licensed and I think it is critical that Congress gram. Mr. President, the CACFP is a regulated family day care homes. That have access to the information they relatively small program that affects a benefits parents, taxpayers, and chil- need to conduct proper oversight of very large number of children in this dren alike. Federal programs. While the changes country. In addition to providing reim- Mr. President, I am pleased that the made to the CACFP in S. 1120 are in- bursements to providers for meals Senate Agriculture Committee did not tended to maintain program integrity served to low-income children in child take the drastic approach endorsed by while achieving fiscal responsibility, it care centers, it provides a blended re- the House. In particular, I am pleased is important that Congress find out imbursement for meals served in all that the Senator from Indiana [Mr. whether the legislation actually participating family day care homes— LUGAR] and the Senator from Vermont achieves those goals. those with six children or fewer. Most [Mr. LEAHY] recognized how important That is the intent of my amendment. children in the United States that cur- CACFP is to this Nation’s children by It is simple and straightforward but it rently receive day care are cared for in maintaining the identity and entitle- is important. small family day care homes. Even ment status of the program in S. 904 as The second amendment, Mr. Presi- more significantly, according to approved by the Agriculture Commit- dent, relates to authority to allow a Congress’s Select Panel for the Pro- tee housing project in Madison, Wisconsin motion of Child Health, pre-school age However, the legislation before us, to conduct a demonstration project children receive about three-quarters which incorporates the Agriculture that waives the current take-one, take- of their nutritional intake from their Committee’s bill S. 904, does make all section 8 requirement that requires day care providers. Those two facts em- some fundamental changes to the reim- a project which accepts a single section phasize the importance of ensuring bursement structure for family day 8 resident to take any other section 8 children receive nutritious meals while care homes. The bill establishes an applicant. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12829 The unfortunate result of this policy, agers to have as many of these amend- Committee on Economic and Educational Mr. President, is that sometimes it is ments offered tonight as possible, and Opportunities of the House of Representa- meant that a project will not accept they will be disposed of in due course. tives and the Committee on Agriculture, Nu- trition, and Forestry of the Senate. any section 8 residents at all. This AMENDMENT NO. 2480 demonstration program would not en- Mr. FEINGOLD. Mr. President, I ask (Purpose: To study the impact of amend- the pending amendment be set aside so tail any Federal cost. ments to the child and adult care food pro- I understand that neither the admin- gram on program participation and family I may offer my second amendment. istration nor the authorizing commit- day care licensing) The PRESIDING OFFICER. The tee has any objection to this amend- Mr. FEINGOLD. As I said, I expect pending amendment is set aside. ment and that they support moving in both of these ultimately to be accept- AMENDMENT NO. 2481 this direction in order to provide great- ed, and to expedite consideration I now (Purpose: To make an amendment relating er flexibility for these types of housing send the first amendment to the desk. to public housing) programs. The PRESIDING OFFICER. The Mr. FEINGOLD. I send my second I offer this amendment along with clerk will report. amendment to the desk. The PRESIDING OFFICER. The my senior colleague from Wisconsin, The bill clerk read as follows: Senator KOHL. The amendment would clerk will report. The Senator from Wisconsin [Mr. The bill clerk read as follows: provide an opportunity for Madison, FEINGOLD] proposes an amendment numbered The Senator from Wisconsin [Mr. WI, to demonstrate an innovative and 2480 to amendment No. 2280. FEINGOLD], for himself and Mr. KOHL, pro- emerging strategy in the operation of Mr. FEINGOLD. Mr. President, I ask the Department of Housing and Urban poses an amendment numbered 2481 to unanimous consent that reading of the amendment No. 2280. Development assisted housing program amendment be dispensed with. by eliminating the take-one, take-all Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that reading of the requirement. objection, it is so ordered. That provision requires the manager amendment be dispensed with. The amendment is as follows: or owner of multifamily rental housing The PRESIDING OFFICER. Without to make all units available to residents On page 283, after line 23, insert the follow- objection, it is so ordered. ing: The amendment is as follows: who qualify for section 8 certificates or (f) STUDY OF IMPACT OF AMENDMENTS ON vouchers under the National Housing At the appropriate place in title X, add the PROGRAM PARTICIPATION AND FAMILY DAY following: Act as long as at least one unit is made CARE LICENSING.— SEC. 10 . DEMONSTRATION PROJECT FOR ELIMI- available to those residents under the (1) IN GENERAL.—The Secretary of Agri- NATION OF TAKE-ONE-ONE-TAKE- terms of the long-term, 20-year section culture, in conjunction with the Secretary of ALL REQUIREMENT. 8 renter contracts. Health and Human Services, shall study the In order to demonstrate the effects of The availability of low-income hous- impact of the amendments made by this sec- eliminating the requirement under section ing is being seriously threatened across tion on— 8(t) of the United States Housing Act of 1937, this Nation. This is especially true (A) the number of family day care homes notwithstanding any other provision of law, when private property owners are con- participating in the child and adult care food beginning on the date of enactment of this program established under section 17 of the Act, section 8(t) of such the United States sidered who are increasingly choosing National School Lunch Act (42 U.S.C. 1766); Housing Act of 1937 shall not apply with re- to opt out of the HUD section 8 pro- (B) the number of day care home sponsor- spect to the multifamily housing project (as gram for a variety of reasons, as their ing organizations participating in the pro- such term is defined in section 8(t)(2) of the long-term contracts expire. gram; United States Housing Act of 1937) consisting The situation in this case in Madison (C) the number of day care homes that are of the dwelling units located at 2401–2479 is typical of these problems that are licensed, certified, registered, or approved by Sommerset Circle, in Madison, Wisconsin. being experienced nationwide. HUD it- each State in accordance with regulations is- Amend the table of contents accordingly. self recognizes this and has actually sued by the Secretary; Mr. FEINGOLD. Mr. President, I proposed, Mr. President, that we elimi- (D) the rate of growth of the numbers re- yield the floor. nate the take-one, take-all language. ferred to in subparagraphs (A) through (C); Mr. MOYNIHAN. Mr. President, I be- They project an elimination of the (E) the nutritional adequacy and quality of lieve the Senator from California meals served in family day care homes requirement will provide an incentive wished to speak. that— I was mistaken. I suggest the absence to attract new multifamily low-income (i) received reimbursement under the pro- housing developer owners and also re- of a quorum. gram prior to the amendments made by this The PRESIDING OFFICER. The tain existing ones. section but do not receive reimbursement Local government officials, private after the amendments made by this section; clerk will call the roll. The bill clerk proceeded to call the institutions, residents and apartment or owners in Madison in this case, Mr. (ii) received full reimbursement under the roll. Mrs. BOXER. Mr. President, I ask President, have agreed to a plan for the program prior to the amendments made by unanimous consent that the order for Summer Society Circle Apartments this section but do not receive full reim- bursement after the amendments made by the quorum call be rescinded. that will reduce the concentration of this section; and The PRESIDING OFFICER. Without low-income families and densely popu- (F) the proportion of low-income children objection, it is so ordered. lated in circumscribed areas. participating in the program prior to the Mrs. BOXER. Mr. President, I ask the They believe it will reduce crime and amendments made by this section and the pending amendment be laid aside. drug and gang activity and stabilize de- proportion of low-income children partici- The PRESIDING OFFICER. The velopment in neighborhoods by encour- pating in the program after the amendments pending amendment will be set aside. aging a mix of low- and moderate-in- made by this section. AMENDMENT NO. 2482 TO AMENDMENT NO. 2280 (2) REQUIRED DATA.—Each State agency come families. We believe the amend- (Purpose: To provide that noncustodial par- ment provides an opportunity to dem- participating in the child and adult care food program under section 17 of the National ents who are delinquent in paying child onstrate that public-private collabo- School Lunch Act (42 U.S.C. 1766) shall sub- support are ineligible for means-tested rative planning can result in increased, mit to the Secretary data on— Federal benefits) Mr. President, increased availability of (A) the number of family day care homes Mrs. BOXER. Mr. President, I send an quality housing for low- and moderate- participating in the program on July 31, 1996, amendment to the desk and ask for its income families. and July 31, 1997; immediate consideration. Accordingly, we urge the support of (B) the number of family day care homes The PRESIDING OFFICER. The the body. There is no additional cost licensed, certified, registered, or approved clerk will report. associated with this demonstration for service on July 31, 1996, and July 31, 1997; The bill clerk read as follows: and project, which simply allows this com- The Senator from California [Mrs. BOXER] (C) such other data as the Secretary may proposes an amendment numbered 2482 to munity to have greater flexibility in require to carry out this subsection. amendment No. 2280. operating in housing projects which (3) SUBMISSION OF REPORT.—Not later than meet the needs of the communities. 2 years after the effective date of Sec. 423 of Mrs. BOXER. Mr. President, I ask As I understand the parliamentary this Act, the Secretary shall submit the unanimous consent that reading of the situation, it is the desire of the man- study required under this subsection to the amendment be dispensed with. S 12830 CONGRESSIONAL RECORD — SENATE September 7, 1995 The PRESIDING OFFICER. Without This amendment is just another way will withhold because I do believe this objection, it is so ordered. for us to stand up and be counted and is an excellent amendment and if there The amendment is as follows: say: Look, you are not going to be enti- are small technical problems I will be On page 712, between lines 9 and 10, insert tled to get job training, vocational happy to work with my friends to the following: training, food stamps, SSI, housing as- straighten them out. SEC. 972. DENIAL OF MEANS-TESTED FEDERAL sistance, and the other means-tested So I will withhold, but I look forward BENEFITS TO NONCUSTODIAL PAR- Federal benefits if you are behind on to voting on this as soon as I can and ENTS WHO ARE DELINQUENT IN I will be back in the morning to debate PAYING CHILD SUPPORT. those child support payments. But we (A) IN GENERAL.—Notwithstanding any are ready to help you. If you will sign that, discuss it, at what time my col- other provision of law, a non-custodial par- a schedule of payments and you live up league thinks is appropriate. ent who is more than 2 months delinquent in to that schedule, we will make an ex- Mr. NICKLES. I appreciate my col- paying child support shall not be eligible to ception. league from California doing that. receive any means-tested Federal benefits. It is interesting to note that Ameri- Mr. President, I know of no other (b) EXCEPTION.—(1) IN GENERAL.—Sub- ca’s children are owed more than $34 Senators having amendments, and my section (a) shall not apply to an unemployed billion in unpaid child support. Talk colleague from New York as well. I sug- non-custodial parent who is more then 2 about lowering the cost of welfare, col- gest the absence of a quorum. It will be months delinquent in paying child support if my intention that the Senate stand in such parent— lecting unpaid support would be one of (A) enters into a schedule of repayment for the quickest ways to do it. Welfare recess until tomorrow morning shortly. past due child support with the entity that caseloads could be reduced by one-third But I will withhold for that for the mo- issued the underlying child support order; if families could rely on even $300 a ment. I suggest the absence of a and month, or less, of child support. Mr. quorum. (B) meets all of the terms of repayment President, $300 a month would add up The PRESIDING OFFICER. The specified in the schedule of repayment as en- to more than $3,000 a year. clerk will call the roll. forced by the appropriate disbursing entity. So my amendment would crack down The legislative clerk proceeded to (2) 2-YEAR EXCLUSION.—(A) A non-custodial on the deadbeat dads or the deadbeat call the roll. parent who becomes delinquent in child sup- Mr. NICKLES. Mr. President, I ask port a second time or any subsequent time moms, and basically say you have to shall not be eligible to receive any means- pay support or you are not going to get unanimous consent that the order for tested Federal benefits for a 2-year period the Federal assistance you would oth- the quorum call be rescinded. beginning on the date that such parent failed erwise be entitled to. The PRESIDING OFFICER. Without to meet such terms. So, Mr. President, I do not think I objection, it is so ordered. (B) At the end of that two-year period, need to continue this dialog with my f paragraph (A) shall once again apply to that colleagues. I think at this point I can individual. MORNING BUSINESS (c) MEANS-TESTED FEDERAL BENEFITS.—For rest on what I have said. I think the purposes of this section, the term ‘‘means- Boxer amendment sends a tough mes- (During today’s session of the Sen- tested Federal benefits’’ means benefits sage that we will have little tolerance ate, the following morning business under any program of assistance, funded in for people who fail to meet their child was transacted.) whole or in part, by the Federal Govern- support commitments. And we should f ment, for which eligibility for benefits is be tough on these people because they HONORING LOWELL C. KRUSE AS based on need. jeopardize the health and well-being of RECIPIENT OF THE HOPE AWARD Mrs. BOXER. Mr. President, I believe their children by failing to pay sup- this amendment is quite straight- port, and they are making the tax- Mr. ASHCROFT. Mr. President, forward. It basically says that, if a payers pay money that they, in fact, today I would like to congratulate a noncustodial parent is delinquent on owe to these children. So I rest my Missourian who has dedicated his life child support payments and gets into case on this amendment. I look forward to helping others. He has spent his en- arrears extending beyond 2 months, to its being voted upon. tire career in the medical field, not as that individual, that deadbeat dad or I ask my friend from Oklahoma and a doctor, but as someone just as dedi- deadbeat mom, as the case may be, will my friend from New York, is it nec- cated and just as committed to service. not be entitled to means-tested Federal essary to ask for the yeas and nays at Mr. Kruse is soon to accept the Hope benefits. this time, because I certainly would Award, the highest honor bestowed by I think it is very important that we like to have a vote on the amendment? the Multiple Sclerosis Society. He has do this. I do not think we should be in Mr. NICKLES addressed the Chair. served as a hospital administrator, vice the business of giving benefits to peo- The PRESIDING OFFICER. The Sen- president, and president; but through- ple who are neglecting their children. ator from Oklahoma. out, Mr. Kruse has never forgotten Many families go on welfare because Mr. NICKLES. Mr. President, I will those who are less fortunate. noncustodial parents are not paying be happy to respond to my colleague Mr. Kruse was born on February 9, their child support. from California. Certainly she has a 1944, in the small midwestern town of What we do in this amendment is we right to request the yeas and nays. I Lake City, IA. He earned a bachelor’s give people a second chance. We say if will support that effort. degree in business administration and they agree to sign a schedule and com- I have a couple of comments. I had psychology from Augustana College in mit themselves to the repayment of not seen the amendment. I may well Sioux City, SD, and went on to earn his the arrears and continue the payments support the thrust of it. Others may as master’s degree in hospital administra- on time, then they can get these bene- well. We are going to have a couple of tion from the University of Minnesota. fits. But if they fail again, they will rollcall votes in the morning and then Mr. Kruse started his career first as an have to wait 2 years before they get a have some debate over Senator MOY- assistant administrator at the St. Bar- chance at those benefits again. NIHAN’s proposal, have the rollcall vote nabas Hospital in Minneapolis, MN, I hope we will have broad support for on his, and we may have several other then became an associate adminis- this amendment. rollcall votes. It will certainly be the trator at the Metropolitan Medical Only about 18 percent of all cases re- Senator’s opportunity, if she wishes to Center in Minneapolis where he re- sult in child support collections across ask for the yeas and nays tomorrow. mained for 7 years serving as the vice this Nation. And that will also give her the oppor- president of community operations. And we have to remember we have 9.5 tunity to modify the amendment if it In 1977, Mr. Kruse assumed the re- million children counting on AFDC for would make it more agreeable and sponsibilities as president and CEO of support. We could really take people more acceptable. That would be my the Park Ridge Hospital and Nursing out of poverty quickly if the deadbeat recommendation. But, certainly, if she Home in Rochester, NY, and later parent, be it a mom or a dad—usually wishes to ask for the yeas and nays to- president and CEO of Upstate Health it is a dad but sometimes it is a mom— night she has that opportunity. System, Inc. in Rochester. In 1984, Mr. came through with their child support Mrs. BOXER. I thank my friend for Kruse returned to his roots in the Mid- payments. his honest answer. I appreciate it. I west, serving as the president and CEO September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12831 of Heartland Health System in St. Jo- S. 1221. A bill to authorize appropriations to rely more on their message than seph, MO, for the past 10 years. for the Legal Services Corporation Act, and their money. While Mr. Kruse has continued to for other purposes; to the Committee on Mr. President, poll after poll reveals strive for success, he has never turned Labor and Human Resources. the public’s loss of faith in the Con- By Mr. FAIRCLOTH: gress. One of the reasons this has oc- his back on others in his community. S. 1222. A bill to prevent the creation of an In New York, he was a member of the international bailout fund within the Inter- curred is that the public believes— Greater Rochester Area Citizens national Monetary Fund, and for other pur- rightly or wrongly—that special inter- League Board, the United Way, and the poses; to the Committee on Foreign Rela- ests control the political and electoral board of directors of the Rochester tions. system. In order to limit the ability of Area Career Educational Council. In f special interests to control the process, Missouri, he has served as chairman of and to change the perception that the St. Joseph Development Corp., as SUBMISSION OF CONCURRENT AND money controls politics, we must enact well as chairman of the St. Joseph SENATE RESOLUTIONS campaign finance reform. Chamber of Commerce, and is cur- The following concurrent resolutions A recent USA Today-CNN Gallup poll rently a fellow at the American College and Senate resolutions were read, and revealed that 83 percent of Americans of Health Care Executives. These are referred (or acted upon), as indicated: want campaign finance reform enacted. According to the same poll, the only just a few of the many contributions By Ms. MIKULSKI (for herself, Mr. Mr. Kruse has made to fulfill his com- SARBANES, Mr. WARNER, and Mr. two issues that the public feels are mitment and dedication to the commu- ROBB): more important than campaign finance nities in which he has lived. S. Res. 167. A resolution congratulating reform are balancing the Federal budg- Mr. Kruse has been the recipient of Cal Ripken, Jr. on the occasion of his break- et and reforming welfare. To the sur- numerous awards for his devotion to ing the Major League Baseball record for the prise of many, the poll showed that community service. In 1970, he was list- highest total number of consecutive games changing Medicare and cutting taxes played; considered and agreed to. has less support than did campaign fi- ed as one the outstanding young men By Mr. LOTT: in America. In 1976, Mr. Kruse was nance reform. S. Con. Res. 26. A concurrent resolution to Mr. President, I would like to outline awarded a Distinguished Service Award authorize the Newington-Cropsey Founda- and honored as one of 10 outstanding tion to erect on the Capitol Grounds and what the bill does: Spending Limits and Benefits: Senate young Minnesotans. In 1992, Mr. Kruse present to Congress and the people of the campaign spending limits would be received the Midland Empire Arthritis United States a monument dedicated to the based on each State’s voting-age popu- Center’s William E. Hillyard Jr. Hu- Bill of Rights; to the Committee on Rules and Administration. lation, ranging from a high of over $8 manitarian Award. million in a large State like California Throughout his career, Mr. Kruse has f to a low of $1.5 million in a smaller dedicated his life to helping and inspir- STATEMENTS ON INTRODUCED State like Wyoming. Candidates that ing those around him. It is clear from BILLS AND JOINT RESOLUTIONS voluntarily comply with spending lim- his achievements that he is truly com- By Mr. MCCAIN (for himself, Mr. its would receive: mitted to making a difference in the Free Broadcast Time—Candidates lives of many. Mr. Kruse is a great hu- FEINGOLD, Mr. THOMPSON, Mr. PELL, and Mr. WELLSTONE): would be entitled to 30 minutes of free manitarian who has given his time gra- broadcast time. ciously, caring for those who have been S. 1219. A bill to reform the refinanc- ing of Federal elections, and for other Broadcast Discounts—Broadcasters stricken by life threatening diseases. I would be required to sell advertising to am grateful for his service and com- purposes; to the Committee on Rules and Administration. a complying candidate at 50 percent of mend him for his dedication to helping the lowest unit rate. others, not just in Missouri, but across THE CAMPAIGN FINANCE REFORM ACT OF 1995 Reduced Postage Rates—Candidates America. Mr. MCCAIN. Mr. President, I am would be able to send up to two pieces f pleased to join with my colleagues, of mail to each voting-age resident at Senator FEINGOLD and Senator THOMP- the lowest 3d-class nonprofit bulk rate. MESSAGES FROM THE HOUSE SON, to introduce the Senate Campaign New Variable Contribution Limit—If At 1:02 p.m., a message from the Finance Reform Act of 1995. This bill, if a candidate’s opponent does not agree House of Representatives, delivered by enacted, would dramatically change to the spending limits or exceeds the Ms. Goetz, one of its reading clerks, an- American political campaigns. limits, the complying candidate’s indi- nounced that the House agrees to the This legislation is intended to help vidual contribution limit is raised from report of the committee of conference restore the public’s faith in the Con- $1,000 to $2,000 and the complying can- on the disagreeing votes of the two gress and the electoral system; to reaf- didate’s spending ceiling is raised by 20 Houses on the amendments of the Sen- firm that elections are won and lost in percent. ate to the bill (H.R. 1854) making ap- a competition of ideas and character, On the issue of Personal Funds: Com- propriations for the legislative branch not fundraising. Toward that end, we plying candidates cannot spend more for the fiscal year ending September 30, hope to level the playing field between than $250,000 from their personal funds. 1996, and for other purposes. challengers and incumbents. Candidates who spend more than that Again, I want to note, this bill is f amount are considered in violation of about placing ideas over dollars. While this act and therefore qualify for none INTRODUCTION OF BILLS AND my Democrat cosponsors may disagree, of this Act’s benefits. JOINT RESOLUTIONS I believe that Republicans won majori- Also candidates are required to raise The following bills and joint resolu- ties in Congress last year because the 60 percent of campaign funds from indi- tions were introduced, read the first American people understood and sup- viduals residing in the candidate’s and second time by unanimous con- ported our ideas for changing the home State. sent, and referred as indicated: American Government, not because we There is a ban on political action excelled at the money chase. We want committee contributions. In case a By Mr. MCCAIN (for himself, Mr. FEINGOLD, Mr. THOMPSON, Mr. PELL, to make sure that decisions about who PAC ban is ruled unconstitutional by and Mr. WELLSTONE): governs America—decisions that are so the Supreme Court, backup limits on S. 1219. A bill to reform the financing of profound in their consequences for cur- PAC contributions are also included. In Federal elections, and for other purposes; to rent and future generations of Ameri- such an instance, PAC contribution the Committee on Rules and Administration. cans—will be made by voters who have limits would be lowered from $5,000 to By Mrs. BOXER: a fair understanding of those con- the individual contribution limit. Ad- S. 1220. A bill to provide that Members of sequences. Congress shall not be paid during Federal ditionally, candidates could receive no Government shutdowns; to the Committee Campaigns, of course, cost money. more than 20 percent of their contribu- on Governmental Affairs. This bill recognizes that fact. It does tions from PAC’s. By Mrs. KASSEBAUM (for herself and not end campaign spending, but limits All franked mass mailings banned in Mr. JEFFORDS): it in a manner that forces candidates year of campaign. S 12832 CONGRESSIONAL RECORD — SENATE September 7, 1995 There is a requirement increased dis- this was very convincing, 59 percent; American people lose confidence in our closure and accountability for those somewhat convincing 31 percent; not ability to carry out their mandates and who engage in political advertising. very convincing, 5 percent; not at all the repercussions cannot be good for Bundling is limited. convincing, 4 percent; and do not know, our system of government. It requires Full Disclosure of all Soft 2 percent. So, Mr. President, I hope we will look Money contributions. Mr. President, let me repeat that. at this issue carefully. I hope we will There is a ban on personal use of When asked: We need campaign finance continue to try to work on a bipartisan campaign funds, which codifies a re- reform to make politicians accountable basis. And I hope that all of those who cent FEC ruling that prohibits can- to average voters rather than special are interested in this issue will under- didates from using campaign funds for interests, a total of 59 percent found stand that the Senator from Wisconsin personal purposes such as mortgage that argument very convincing, and 31 and I do not believe that we have come payments or vacation trips percent; somewhat convincing, a total up with a perfect document, there are This bill will affect both parties of 90 percent of those interviewed. parts of this bill that I have reserva- equally. It does what other bills in the When asked: We do not need cam- tions about, parts of this bill that the past did not, not benefit just one party. paign finance reform, the election in Senator from Wisconsin has reserva- And that is also why it has bipartisan November helped clean up a lot of prob- tions about. We cannot let perfect be support. lems in Washington, respondents said the enemy of the good. And always, if Mr. President, is this a perfect bill? their argument was very convincing, 13 there is one lesson here, it is that this No, it is not. I do not know if it is even percent; somewhat convincing, 19 per- issue must be addressed on a bipartisan possible to write a perfect campaign re- cent; not very convincing, 22 percent; basis and from a bipartisan standpoint. form bill. But it is a good bill, that ad- and not at all convincing, 39 percent. I reserve the remainder of my time dresses the partisan and nonpartisan Reducing the amount special interest and yield such time as he may use to concerns that have undermined pre- groups can contribute to a candidate the Senator from Wisconsin. vious reform attempts. As the Wash- would be very effective, 54 percent; The PRESIDING OFFICER. The Sen- ington Post said, ‘‘it would represent a somewhat effective, 34 percent. ator from Wisconsin is recognized. Mr. President, when the respondents large step forward.’’ Also, as many Mr. FEINGOLD. Mr. President, I were asked: Those who make large have noted, we cannot let the perfect thank the Chair. be the enemy of the good. campaign contributions get special fa- Mr. President, I especially want to We must take this step. The Amer- vors from politicians, respondents said thank the Senator from Arizona. I am ican people expect us to do at least this is one of the things that worries pleased to be a part of this effort, to be that much. you most, 34 percent; worries you a one of two authors in the McCain- Mr. President, I want to make a few great deal, 34 percent. Sixty-eight per- Feingold bill, and am pleased to hear additional comments. I note the pres- cent of the American people believe that Senator THOMPSON has joined us. ence of my friend and colleague from that those who make large contribu- Wisconsin, who is my partner in this tions get special favors from politi- I have worked with the Senator from Arizona already this year on a number effort, Senator FEINGOLD. cians bothers them most or bothers Sometimes, residing here in the Na- them a great deal. of issues and on a bipartisan basis tion’s capital, as we have to do a great What I am saying is that we need to about our concern about the revolving percentage of our time, we have a tend- reform this business. We must under- door. Members of Congress and staff ency to not be aware of the hopes and stand that money will always play a sometimes move rather quickly over to aspirations and frustrations of the role in political campaigns. In an ideal lobbying ventures. We are trying to do American people. Last week there was world that would not be the case. We something about that. a CNN poll that showed what the do not live in an ideal world. But there We worked hard together to try to do American people want Congress to do should be accountability. something about the great public frus- and what they expect Congress to do. I am pleased that Senator FEINGOLD tration about pork items being placed Mr. President, 88 percent of the Amer- and Senator THOMPSON and others are on appropriations bills, and are trying ican people want Congress to balance joining in this effort, the first biparti- to respond in another piece of legisla- the budget; 31 percent believe that they san effort in over 10 years. This is not tion that is attached to the line-item will do it. The next highest on that list a popular issue, Mr. President. It is not veto, a bill that could do something is 88 percent want Congress to reform one that the Congress would like to ad- about putting extraneous material on welfare; 47 percent expect them to do dress. There are those who are cynical emergency spending bills. it. Next in line is 83 percent of the about the real prospects of fundamen- I, of course, feel particular good American people want Congress to re- tal campaign finance reform since it about our recent effort and success on form campaign financing, while only 30 has been a high item on the agenda for the gift ban which this body enacted percent of the American people believe a long time. just prior to the recess that we just that Congress will do it. Frankly, I do not know if we will re- had. The article goes on to say Congress form campaign financing. But I do I have to tell you, back home the re- meanwhile has fallen to a 30-percent know this: If we do not do something in sponse to the gift ban was a lot more approval, its lowest level since Repub- this area, the very high disapproval intense than I expected. People are licans won control in January. Ana- that the American people have for our looking for any sign of hope that lysts say it is largely due to the slow- activities here in Congress will be re- things can change here in Washington. down in legislation as items have flected at the polls in November of 1996 Even though the gift ban itself is not moved to the Senate coupled with an since the American people have no something that changes the world or increase in partisan bickering over other recourse. It is not clear to me solves all of our problems by any Medicare and GOP squabbles over wel- what that reaction will be, whether it means, there was a feeling I got that fare reform. is a search for an independent party or people took some heart from that. Mr. President, I do not think we candidate. Our effort today in introducing this should rest easy when the approval of About 2 weeks ago was there was a campaign finance reform bill is all the American people of Congress is as poll taken by the Wall Street Journal about building on that initial success low as 30 percent. and NBC that showed that 6 out of 10 and doing it in an area that is even far Recently there was a poll done by re- Americans now would support an inde- more important; as the Senator from spected pollsters in this city. I would pendent party for a candidate, or Arizona has said, the changing of the like to quote three very important whether they would go back to the way we finance our campaigns. I am items from that poll. Democratic Party or they would be- very optimistic that a number of Mem- When asked: We need campaign fi- lieve that those on this side of the aisle bers from both sides of the aisle will nance reform to make politicians ac- are making a good effort. But I do join us in this effort soon. That is the countable to average voters rather know this: If we continue to experience indication I am getting from our con- than special interests, voters stated such high disapproval ratings, the versations. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12833 The Senator from Arizona said this going on here, that after the election And we know even though that sounds is, will be, and will continue to be a bi- somebody comes here and they are dis- like a lot of money, it does not even partisan effort. Senator MCCAIN is tracted or disconnected from them, and compare to the $50 million that was speaking to Democrats and I am speak- that the big money in campaigns has a spent in a Senate race in California ing to Republicans about this. We are lot to do with it. this past year. not dividing up the Senate because this So from the point of view of the pub- So we provide a voluntary limit, and has to be a product of the Senate. lic, we need this legislation. We also if you abide by the limit, you get bene- What we are really asking here is for need this legislation from the point of fits such as reduced television time and both political parties to, in effect, sort view of people who are challengers. We an opportunity to mail on a reduced of mutually disarm this money race in were all new candidates once for the basis to the constituents in your State. politics and to have a consensus that Senate. We all had to face the reality The second idea is what I would call the Senate and the Congress in this that people would come to us and say, a more Republican idea, an idea that I country will all be better off if we stop ‘‘Well, you may be qualified, but where have always liked, one idea I cam- this horrible trend for outrageous are you going to get the money?’’ That paigned on and I believe in it, and that spending in campaigns. ended up being the first question I was is that you should have to get a major- I agree with the Senator from Ari- asked any time I went anywhere in ity of your campaign contributions zona that this is not the perfect bill or Wisconsin or other places trying to fig- from individuals from your own home the ideal bill, if there is one. I believe ure out if I could run a credible race. State—not from PAC’s, not from out- in complete public financing of cam- How are you going to get the money? of-State interests, but a majority of paigns. I think it would be better if we Well, that has to change. Some of us the money has to come from the folks did not have any campaign contribu- were fortunate enough to win, maybe for whom you work, the boss—in my tions, if it was illegal to ask for cam- even without a great deal of money. case, the 5 million people who live in paign contributions. I think everybody But I cannot even imagine the thou- Wisconsin. I think that is a very im- would be better off. I suppose that is sands and thousands of Americans, portant provision to return us to the my ideal world. But I know that can- good Americans, people who would grassroots politics it has been. not pass here. have been wonderful Senators who did The third major provision has to do I introduced my own bill earlier this not even consider running because they with a rising trend that we have all no- year, S. 46. I thought it was a good bill believe this has become a game for ei- ticed and are all concerned about but it involved public financing. There ther the wealthy or the well connected. which makes the public terribly cyni- are difficulties in getting a majority on Finally, there is a third group that cal, and that is the proliferation of big that issue. But because campaign fi- this should have great appeal for, and money being spent by very wealthy in- nance reform is such an overwhelming that is the 100 Members of this body. dividuals to finance their own cam- priority, I was not only pleased to see Ask any Senator what they do not like paigns. This bill produces a voluntary some of the ideas of the Senator from about their job. Most are so delighted limit of approximately $250,000, depend- Arizona, but I was very surprised to see to be here and consider it a great ing on the size of your State, saying how far he would come to try to reach honor. The one thing that is the bane that if you spend over that of your own a consensus, to try to have a bipartisan of any Senator’s existence, if there is money, your opponent gets some ad- bill to solve this problem. I believe it is one, is this necessity of raising money. vantages in terms of raising funds to one of the biggest problems we have in For many it is a demeaning process, to make it more competitive. this country. I say the biggest problem be told that if you do not raise $10,000 we have in terms of our day-to-day op- a week, you are not going to have a So this combination, doing some- erations in trying to solve a particular chance and you are going to have more thing about the overall amount that is problem is balancing the Federal budg- opponents. It takes away from time spent, doing something about obtain- et. That is No. 1. with your family; it takes away from ing funds from outside of your own But if we want to talk about the pro- time with your constituents; it takes home State, and doing something cedure, if we want to talk about the away from time to actually do the job about the unfairness of the system that way this Government is run and why here in Washington, to understand the allows only the very wealthy to be able people feel it does not run right, I issues, to talk to other Senators and to to just get right in the middle of an think the most important issue is work out solutions. So from the point election, buy recognition and win an changing the way campaigns are fi- of view of the Senate and those who election, these three things I think nanced. seek the Senate and those who elect us, make for the core of a very effective I say this from the point of view of it is time to come together, com- bill. There are other provisions that maybe three different groups. The first promise if necessary, and have a real are important, but I think these three group, the most important group, is campaign finance reform bill. are the ones that will make this bill the public at large. The Senator from The Senator from Arizona has out- work and make the bill pass. Arizona says one of the reasons he lined already the major provisions. Let In addition, if a complying candidate thinks the Republicans won on Novem- me just highlight what I consider to be is faced by an opponent that is pouring ber 8 is this issue. I think he is right. the three core provisions that I think millions of dollars of their own money I think it is one of the reasons Bill make this bill very unique and not into their campaign, the complying Clinton and some of us won in 1992. It only strong but balanced from a par- candidate is granted the ability to does not mean we earned that support tisan point of view. And these are the raise additional campaign funds be- if we do not do campaign finance re- three provisions that all have to do yond the limits under current law. form. But I think it is one of the rea- with what happens if somebody com- I support that principle—that is, the sons. I think it has been a little bit plies with the incentives and with the idea that we should provide incentives surprising to people that in a reform limits in the bill in order to get various for candidates to limit their personal Congress that this issue of campaign fi- incentives. funding, and the idea that if one can- nance reform has not really come to First of all, there is a provision that didate is facing someone with such vast the fore. might be called the more Democrat- resources, the candidate without per- So from the point of view of the pub- supported provision. It was the one in sonal wealth should have access to re- lic, when they see the hundreds of S. 3 last year, the one that passed the sources of equal value. thousands of dollars poured into the Democratic Senate, and that is the vol- I do have concerns about this par- telecommunications bill or the regu- untary limit. We would place a vol- ticular provision that raises the indi- latory reform bill, you name it, this is untary limit based on the size of the vidual contribution limits and allows all happening in this Congress, the population in a State of how much can the complying candidate to raise hun- money race, the big contributions con- be spent in total in a U.S. Senate elec- dreds of thousands of extra dollars. I tinue, and it makes people feel that tion from about $1.5 million in the am not sure that furthers the goal of they are disconnected from their elect- smaller States to a maximum of about bringing down the overall costs of Sen- ed representatives, that something is $7 million to $8 million in California. ate campaigns—in fact, it may only S 12834 CONGRESSIONAL RECORD — SENATE September 7, 1995 add fuel to the fire. Providing the com- and Democrats should be working to- lars. That is just the average. In 1994, plying candidate with greater benefits gether to eliminate. The amount of nearly $35 million was spent between may be a better alternative to raising soft money raised just this year—num- the two general election candidates in the contribution limits. But again I bering in the tens of millions of dol- California alone. Nearly $27 million support the principle of finding a way lars—stands to undermine the reforms was spent by the candidates in the Vir- to encourage candidates to voluntarily of the Presidential Election System ginia Senate race. limit their personal spending. that have worked so well for over 20 So unless you win the Powerball There are other important provisions years now. drawing, or strike oil in your backyard in this legislation as well. We elimi- Let me say that I was disappointed in or are an incumbent Member of Con- nate a traditional incumbent advan- the Democratic National Committee’s gress, you are an automatic longshot tage—franked mass mailings, in the recent fundraising effort that literally to be even considered a credible can- calendar year of an election. The bill sought to sell access to the President didate for the United States Senate. contains another provision I have con- in exchange for campaign contribu- That is not expanding participation. cerns about, a ban on political action tions. I am very pleased that President That is not encouraging democracy. committee contributions including the Clinton, a longtime supporter of cam- That is sending out a clear message so-called leadership PAC’s. paign finance reform, denounced this that unless you are well-financed or If such a ban is ruled unlawful, PAC effort and distanced himself from it. well-connected, you should not be run- contributions will be limited to no This sort of fundraising has occurred ning for the United States Senate. more than 20 percent of a candidate’s while the White House was in control Finally, the time consumed raising campaign funds collected and the con- of Democrats and Republicans alike— contributions for reelection efforts is tribution levels for PAC’s will be low- and let me be clear here—both parties time taken away from legislative re- ered from 5,000 dollars to whatever the are guilty of this kind of fundraising sponsibilities of incumbents. Members applicable individual contribution lim- tactic that only underscores the need of Congress should not have to chose its are. for comprehensive reform that includes between those responsibilities or mak- Some view a PAC ban as a cure-all to soft money limits and disclosure. ing phone calls to potential contribu- our campaign finance problems. I am Finally, the bill will codify a recent tors. not so sure of this. First, according to ruling by the Federal Election Com- What we need to do is to return to a simple proposition: That is, money figures released by the Federal Elec- mission that bars candidates from should not determine the outcome of tion Commission, PAC contributions using campaign funds for personal pur- elections. Elections should be decided have remained at fairly equal levels poses, such as mortgage payments, by issues and ideas, not checkbooks over the past few election cycles. Ag- country club memberships and vaca- and campaign coffers. That does not gregate PAC contributions totaled $149 tions. mean that campaign contributions million in 1990, rose to $178 million in Most of these provisions were in- have no place in our election system. It 1992 and remained at $178 million in cluded in S. 46, the campaign finance simply means that all candidates 1994. reform legislation I introduced on the should have a legitimate and reason- During the same period, overall cam- first day of the 104th Congress, and I able opportunity to get their message paign spending has risen from $446 mil- am delighted that Senator MCCAIN and out to the electorate in their States. lion in 1990 to $724 million in 1994—a 62- I were able to come together, roll up I have reached that conclusion, the percent increase. So even though over- our sleeves and produce a comprehen- Senator from Arizona has reached that all campaign costs have skyrocketed in sive reform bill that is fair to Demo- conclusion and the majority of this recent years, the level of PAC con- crats and Republicans alike. body has reached that conclusion. tributions has remained relatively con- The fact is, I do not support every- Mr. President, we all know that Con- stant. thing in this bill. There are provisions gress is not held in very high regard by That is why I have very serious I would like to see modified. The legis- the American people. They are angry, doubts that banning political action lation I introduced in January called they are cynical and to a large extent committees will be very helpful in get- for full public financing for candidates they have lost faith in their Govern- ting a grip on the rapidly rising levels that agree to limit there overall cam- ment. All of these feelings have sprung of overall campaign spending. The Sen- paign spending. I continue to believe from a common belief that is shared by ator from Arizona does however make that public financing is the best way to so many of our constituents—a belief a compelling point that incumbents by reform a system that has created dra- that I find deeply troubling—that the and large are most likely to benefit matically unfair elections and caused Congress simply does not represent from PAC’s as illustrated by the shift Members of Congress to spend increas- them anymore. in PAC contributions from the Demo- ingly more time hosting fundraisers They see the television news ac- cratic Party to the Republican Party and less time fulfilling their legislative counts of Members of Congress relaxing following the 1994 elections. responsibilities. on a beach vacation paid for by lobby- Though I question the legality and However, if campaign finance reform ists. They find out that their Rep- rationale in banning PAC contribu- is to pass with bipartisan support, a ve- resentatives are receiving tens of thou- tions, I think it is entirely appropriate hicle for such reform must be found sands of dollars from this interest to limit the amount of PAC contribu- that can be supported by Members group or that interest group, and they tions a candidate may accept as a per- from both parties and from across po- have begun to wonder if the average centage of overall fundraising. The litical ideologies. I believe that this American really has any sort of voice backup provision in this bill—the 20 bill provides that vehicle. in Washington DC. They feel alienated, percent aggregate limit on PAC con- Having a fair and competitive elec- they feel disconnected and soon they tributions, as well as lowering PAC tion system is not a Democratic or Re- become distrustful. contribution limits so they are equal publican issue. How we elect our Rep- A few weeks ago, thousands of Amer- to individual contribution limits—is a resentatives is a cornerstone of our icans who have been frustrated by both good idea, and I would actually support Democratic political system. As a Na- parties’ inability to produce meaning- lowering that aggregate threshold, per- tion, we have always put a tremendous ful political reform met at the United haps 10 percent. value on participation in our Demo- We Stand America Convention in Dal- The bill also places new disclosure cratic process. We have repeatedly las. requirements and limits on the tremen- passed laws, even constitutional Politician after politician, from both dous amounts of soft money, that is, amendments, to expand the rights of parties, ranging from the distinguished the unregulated campaign funds that our citizens to vote and express politi- Senate majority leader to the general are poured into Federal campaigns in- cal viewpoints. chairman of the Democratic National cluding Presidential elections. Yet here we are with a campaign sys- Committee, stood at the lectern in Dal- Soft money represents a real problem tem in which the average cost of run- las and railed for campaign finance re- in our political system and this is ning for a seat in the U.S. Senate is es- form. Why? As one attendee at this clearly one obstacle that Republicans timated at $4 million. Four million dol- convention framed it: September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12835 When I look at a politician, I wonder who ship, and to move on a bipartisan basis Mr. McCAIN. Thank you, Mr. Presi- really owns him. I do not see them as people to change the system. dent. I just want to congratulate the with their own ideas. I think the people who Third, you cannot help but notice Senator from Wisconsin for a very fine are financing them tell them what to think. that at the conference in Dallas run by statement. I hope this is the beginning That viewpoint, Mr. President—one Mr. Perot, even though it may not of a process that can be completed. I that I believe is shared by millions and have been expected, one of the leading believe we have clearly stated that we millions of other Americans—is pre- topics was the need for campaign fi- are interested in a bipartisan effort in cisely why we are in such need of im- nance reform. And in the first speech this area. We are not interested in mediate and meaningful campaign fi- given at that conference by our former seeking political advantage or cam- nance reform. colleague, Senator Boren said that the paign advantage for either party. We Whether it is showering Members of conference should go on record in favor are interested in leveling the playing Congress with free gifts, meals or vaca- of the McCain-Feingold bill. field for incumbents and challengers, tion trips, or funneling huge campaign I also noticed that even before we in- which is clearly not the case today. I contributions to incumbent Members, troduced the bill today, we have al- appreciate the effort of the Senator it has become clear in the minds of the ready had editorial endorsements from Wisconsin and I have grown to ap- American people—and justifiably so— across the country. It is rare to receive preciate not only his dedication but his that the key to gaining access and in- editorial endorsements on a piece of tenacity. fluence on Capitol Hill is money. legislation before you even introduce Mr. President, I note the presence of And that is what our election system it, but this bill has already merited it. the Senator from Maryland in the has become all about—money. Can- We also understand that at least a no- Chamber, so I will yield back the re- didates are judged first and foremost tice will go out today that a couple of mainder of my time. not on their positions on the issues, our colleagues in the House on a bipar- Mr. THOMPSON. Mr. President, I ap- not by their experience or capabilities tisan basis will introduce this same bill preciate the opportunity to join my but by their ability to raise the mil- in the House. So there is reason to be- colleagues, Senators MCCAIN and lions of dollars that are needed in to- lieve that it will not just be an effort FEINGOLD, in the introduction of the day’s climate to run an effective con- in the Senate. Senate Campaign Finance Reform Act gressional campaign. Let me finally say I think the most of 1995. The bill we are introducing today telling proof that this thing can work It is well known that the American will return our campaign system to the is the vote we took in July. I came to people have very little faith in their people we represent. If an individual the floor of the Senate and simply elected representatives. It is a travesty wants to run for the United States Sen- brought up a sense-of-the-Senate reso- that the commonly held presumption is ate and can prove that their ideas and lution along with Senator MCCAIN that that Members of Congress are bought viewpoints represent a broad base of said we ought to consider campaign fi- and controlled by special interests. support, they will have the opportunity nance reform during the 104th Con- Another problem that affects the rep- to do so. gress. I expected that this would just utation and quality of our representa- I have said many times that we be accepted, that people would say, tive government is that once someone should not have a campaign finance ‘‘Fine. Let’s deal with that later.’’ But gets elected, they have a significant system that favors challengers or in- the majority leader, a person who has advantage in subsequent elections. cumbents, or candidates from either enormous respect in this body from Congress needs to move away from party. The bill we are introducing every Member, came down to the floor professionalism and more toward a cit- today represents the comprehensive, and indicated that he was not sure izen legislature. It should be more bipartisan reform that the American there could be a bipartisan effort, and open, instead of more closed. And people have been demanding for years. he moved to table my amendment to that’s because of the role that money not have campaign finance reform put This bill represents a compromise plays. Unless a candidate has access to on the agenda. that can be supported by Senators from large sums of money he or she is pretty Mr. President, he lost that vote. He across the ideological spectrum. It is almost never loses a vote out here. He much cut out of the process. This not perfect and it includes provisions has a tremendously high success leaves the field to the professional poli- which I and others might not support record. But 13 Republicans joined with ticians. standing alone. Each of us has swal- This legislation will do several various Democrats to say on a 57–41 lowed hard in some areas to put to- vote that, yes, during the 104th Con- things. First, it will help level the gether a responsible, bipartisan pro- gress we have to clean up this money playing field and help reduce the ad- posal. Taken as a whole and on bal- mess that is in Washington. We have to vantage that incumbents have. And it ance, it is a vast improvement over our stop this race to raise all this money will bring down the built-in advantage current system which can be described out here that takes us away from our of individual wealth. Second, it will re- as unfair at best and chaotic at worst. constituents. duce the reliance on private donations. Finally and very briefly, the question I think that is a good sign. It is a The new provisions which is the larg- I am getting is: Why do you think this sign that both parties want to work to- est step in a new direction is the one is going to succeed? This has been tried gether. And all I can say in conclusion that requires that most of a can- time and again. is the thing I especially like about didate’s money must be raised in his or Well, I can understand that senti- working with the Senator from Arizona her own State. For myself, I’d probably ment. Campaign finance reform is not is he does not just like introducing be in favor of even higher requirements even mentioned in the Republican Con- bills; he likes to win. This is an effort on this. tract With America. It is not even to pass a bill—not talk about it, pass a The most important element in all there. But there is still a strong feeling bill—send it to the President, and to this is what passage of this legislation that this should be done. Even though have by January 1, 1997, a whole dif- would do to improve public confidence. there is a disconnect between what the ferent way of electing Senators. The public is extremely cynical and Senator from Arizona has said when he So I thank the Senator from Arizona skeptical of the process of our Congress points out people believe this should be very much, and I look forward to this and our Government. We need to do ev- done but they do not think it can be effort. erything we can to turn that around. done, it will not happen, I think there Mr. McCAIN addressed the Chair. Much of the public’s concern has to do are signs it will happen. The PRESIDING OFFICER (Mr. with the role of money in our process. First, this is the first bipartisan ef- COVERDELL). The Chair recognizes the This would be a step in a downplaying fort of its kind for 10 years. That is Senator from Arizona. the importance of money in electing very important. Mr. McCAIN. Mr. President, I send our officials and in what is perceived to Second, I think the gift ban effort this legislation to the desk. be its effect on the decisions officials showed that there is a willingness on The PRESIDING OFFICER. The bill make after their election. reform issues to cross party lines, to will be received and appropriately re- Much of the public perception of the sometimes not agree with the leader- ferred. process is justified. We have got to S 12836 CONGRESSIONAL RECORD — SENATE September 7, 1995 start doing everything we can to en- promise on political reform. They be- that should be preserved in some form hance the stature and the confidence lieve it’s long overdue. as this bill moves forward. that people have in the Congress. Oth- On the first day of this Congress, I re- As I have said, there are some real erwise, we are not going to be able to introduced S. 116, my comprehensive problems with this bill, and both of its exert the leadership we need to in campaign reform legislation, which I primary sponsors have acknowledged other legislative areas. Right now believe should serve as a model for that. I will only identify a few. For ex- we’ve got feet of clay, and it makes the real, thoroughgoing reform of our cam- ample, if a noncomplying candidate re- rest of the body politic weak. Until we paign finance system. I said at the fuses to abide by spending limits, the do something about these fundamental time that I hoped we would move for- bill allows an increase in contribution parts of the political process, Congress ward quickly on real reform, despite limits for the complying candidate, as is not going to have the strength to the persistent opposition of most of my a deterrent to nonparticipation. I am sustain itself when we make the tough colleagues on the other side of the very troubled by this provision, be- decisions on fiscal matters, and other aisle. That bill has been bottled up by cause I think it could, in some cir- important areas such as welfare, tax the Governmental Affairs Committee, cumstances, increase individual con- reform, health care, and crime. which has thus far refused to even hold tribution limits, rather than decrease This proposal will help level the hearings on campaign reform. them, as I would prefer. Last year I of- playing field, open up the process, and There have been a number of other fered several amendments to reduce do away with some of the advantages campaign reform bills introduced this substantially individual contribution of incumbency. It will reduce the year, including the version of last limits. I continue to believe that this is amount of time a candidate and office year’s comprehensive bill introduced the way to go, coupled with other in- holder will have to spend on fundrais- by Minority Leader DASCHLE. None of centives. I hope that we will ultimately ing. It will reduce the role of money them have received serious consider- provide for another way to offer car- and reduce the reliance on private po- ation by the committees on jurisdic- rots, and wield sticks, to encourage litical contributions. And most impor- tion either. I hope that additional ele- candidates to comply with spending tantly, it will help renew public con- ments of my bill will be incorporated limits. fidence. into the final version of this bill if it In addition, the bill provides for a Mr. WELLSTONE. Mr. President, I moves forward. limit on personal funds spent in a cam- This bill is not perfect. Some of its am delighted to be an original cospon- paign to $250,000. I believe this is much provisions I don’t support. But even sor of the bipartisan legislation intro- too high, which is why I offered an with its warts, I have decided to be an duced today by Senators FEINGOLD and amendment last Congress, approved original cosponsor in the hope that it MCCAIN, to provide for broad, sweeping overwhelmingly by the Senate, to cut might provide a vehicle for real, bipar- reform of the way we conduct and fi- this limit down to $25,000. I believe tisan reform efforts this year. It does nance congressional elections. that is where the limit should be set, provide many of the central elements and I intend to work with my col- I have been proud to work with my of any significant reform plan. Its en- colleagues from Arizona and Wisconsin leagues to reduce that limit. actment would go a long way toward In short, while this measure is not as on a number of political reform issues, restoring integrity to our political comprehensive as earlier versions of and was very pleased to celebrate a process. campaign legislation which I have au- major victory with them as allies on Perhaps most important, it would thored or supported in the past, it the gift ban, passed just before the re- impose strict limits on the amounts would go a very long way toward real cess. After several years of struggle that candidates could spend in their reform. I think that as the bill moves and controversy in the face of strong campaigns. That is critical if we are to forward, it can be improved upon, and and persistent resistance by certain of address the huge amount of big money I intend to work to do that. But I com- my colleagues, including last year’s fil- that pours into campaigns, often from mend Senators FEINGOLD and MCCAIN ibuster by our Republican colleagues, well-heeled special interests. As with for their effort, and I hope the intro- it was a major victory for reformers. my bill, and others, the formula would duction of this bill will help to move us And in my conversations with people be based on the voting age population as soon as possible toward a major back in my State, they recognized its in each State. Candidates who agree to overhaul of the campaign finance sys- importance and said that it gave them abide by the limit would receive free tem, which has eluded us for so many renewed hope that we in Congress broadcast time, reduced postage rates, years. might respond to growing demands for and broadcast discounts as incentives political reform at the grassroots. for them to participate. By Mrs. BOXER: But the gift ban, and the passage of It also contains tough new provisions S. 1220. A bill to provide that Mem- lobbying reform, are only two key ele- to ban special interests from bundling bers of Congress shall not be paid dur- ments of the political reform agenda. contributions, bans contributions from ing Federal Government shutdowns; to The more significant reform, in my political action committees—with the Committee on Governmental Af- mind, and the one that will have even backup limits should the ban be found fairs. more far-reaching consequences for unconstitutional by the courts—bans FEDERAL GOVERNMENT SHUTDOWN LEGISLATION stemming the tide of special interest incumbent use of taxpayer-paid mass ∑ Mrs. BOXER. Mr. President, today I influence in the political process, is the mailings in an election year, imposes am introducing legislation that I be- effort to profoundly reshape the way tough new limits on so-called soft lieve is fair and necessary. we finance and conduct political cam- money contributions that can be used This bill says that if the Congress paigns in this country. to circumvent Federal financing rules, fails to do its work and cannot reach For many years, I and others have and prohibits the personal use of cam- agreement on the Federal budget—and pushed forward here in the Senate a paign funds. the Federal Government cannot pay its number of campaign finance reform Finally, it places a premium on con- bills—Members of Congress will not re- bills, only to see them die in the face of tributions from a Member’s own home ceive pay. near-unanimous Republican opposition, State, in an effort to ensure that Sen- Americans are being told every day including a sustained filibuster against ators are more accountable to those that we may come to a train wreck last year’s bill. I hope that as this bill who elected them than to big-money over the budget. Certainly, we have evolves, it will serve as the basis for special interests. It requires that a sub- major differences among Members of the grand bipartisan compromise on stantial majority of funds come from Congress and the President over what this issue that has so far eluded us. For one’s State, and that would be another our national priorities should be. Some that to happen, each side will have to big step toward reform. While it is true in Congress favor a huge tax cut for the consider giving up certain advantages that this specific provision has often rich paid for by crippling the Medicare that many believe the current system been seen historically as being harder system. I think that is cruel and un- now offers. Americans are looking for on Democrats than Republicans, I be- fair, and I am going to fight it. But that kind of cooperation and com- lieve this is an important principle even if we cannot agree on priorities, September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12837 all Members of Congress should agree matters. Sometimes the cases need to Sec. 17. Aliens. that we must pass the budget on time be litigated, but frequently, the clients Sec. 18. Training. and enable the Government to continue simply need legal counseling. Sec. 19. Copayments. Regrettably, Legal Services has been Sec. 20. Fee-generating cases. operating. Sec. 21. Welfare reform. I believe this legislation is important plagued with controversy over the last Sec. 22. Prisoner litigation. for two key reasons: decade. Critics have charged, with Sec. 23. Appointment of Corporation presi- First, it will help avert the predicted some validity, that Legal Services at- dent. Government shutdown because—with torneys have acted as advocates for po- Sec. 24. Evasion. their personal paychecks on the line— litical causes, such as welfare reform Sec. 25. Pay for officers and employees of the Members will understand the fear and and state redistricting cases. As a re- Corporation. uncertainty now being felt by the mil- sult, LSC has not been reauthorized Sec. 26. Location of principal office. Sec. 27. Definition. lions of Americans who rely on Govern- since 1977. ment services—from small businesses Today, I am introducing a Senate (c) REFERENCE.—Whenever in this Act an with Federal contracts to farmers to amendment or repeal is expressed in terms of companion bill to H.R. 1806, legislation an amendment to or repeal of a section or veterans to senior citizens to those introduced by Representatives MCCOL- other provision, the reference shall be con- who hold U.S. Government bonds. LUM and STENHOLM in the House of sidered to be made to section or other provi- Second, it codifies a principle that Representatives. I want to give Rep- sion of the Legal Services Corporation Act all other workers in America live by: If resentatives MCCOLLUM and STENHOLM (42 U.S.C. 2996 and following). you don’t do your job, you shouldn’t credit for their hard work in putting SEC. 2. FINDINGS. get paid. One of Congress’ most impor- this bill together, and for their dedica- Section 1001 (42 U.S.C. 2996) is amended to tant functions is to pass the Nation’s tion to assuring that low income Amer- read as follows: budget. If we fail in that critically im- icans retain access to our legal system. ‘‘FINDINGS portant task, it simply makes sense The legislation being introduced ‘‘SEC. 1001. The Congress finds the follow- that our pay should be docked. today addresses the concerns that have ing: This legislation would require that been expressed over the past several ‘‘(1) There is a need to encourage equal ac- pay for Members of Congress be docked years by limiting the types of activi- cess to the system of justice in the United if either there is a lapse in appropria- ties that Legal Services attorneys can States for individuals seeking redress of grievances. tions for any Federal department or handle. For instance, under the bill, agency or the Federal debt ceiling is ‘‘(2) There is a need to encourage the provi- Legal Services attorneys cannot rep- sion of high quality legal assistance for reached. resent tenants being evicted from pub- those who would otherwise be unable to af- I am very pleased that a companion lic housing projects for drug dealing. In ford legal counsel. measure is being introduced in the addition, attorneys will not be rep- ‘‘(3) Encouraging the provision of legal as- House of Representatives today by resenting incarcerated individuals on sistance to those who face an economic bar- Congressman DICK DURBIN. prisoner rights cases. rier to legal counsel will serve the ends of I ask unanimous consent that the The legislation also has new account- justice consistent with the purposes of the full text of the bill be printed in the Legal Services Corporation Act. ability provisions. Lawyers will be re- ‘‘(4) It is not the purpose of the Legal Serv- RECORD. quired to keep time sheets so federal There being no objection, the bill was ices Corporation Act to meet all the legal auditors can monitor the types of cases needs of all potentially eligible clients, but ordered to be printed in the RECORD, as being handled. New litigation safe- instead to be a catalyst to encourage the follows: guards will be implemented to protect legal profession and others to meet their re- S. 1220 against the filing of frivolous class ac- sponsibilities to the poor and to maximize Be it enacted by the Senate and House of Rep- tion law suits. And we will require LSC access of the poor to justice. resentatives of the United States of America in grantees to bid competitively for their ‘‘(5) For many citizens the availability of Congress assembled, legal services has reaffirmed faith in our LSC contracts. government of laws. SECTION 1. PAY OF MEMBERS OF CONGRESS Mr. President, Legal Services is an DURING GOVERNMENT SHUTDOWNS. ‘‘(6) To preserve its strength, the legal No Member of Congress may receive basic important program. I urge my col- services program must be made completely pay for any period in which— leagues to support the legislation being free from the influence of political pressures (1) there is a lapse in appropriations for introduced today, and ask unanimous and completely free of lobbying and political any Federal agency or department as a re- consent that the full text of the bill be activity. sult of a failure to enact a regular appropria- printed in the RECORD. ‘‘(7) There are over 2,000 non-profit organi- tions bill or continuing resolution; or There being no objection, the bill was zations advocating on behalf of the poor (2) the Federal Government is unable to throughout the United States and it is not ordered to be printed in the RECORD, as make payments or meet obligations because appropriate for funds regulated under the the public debt limit under section 3101 of follows: Legal Services Corporation Act to be ex- title 31, United States Code has been S. 1221 pended lobbying for or against positions reached. Be it enacted by the Senate and House of Rep- taken by those groups. SEC. 2. RETROACTIVE PAY PROHIBITED. resentatives of the United States of America in ‘‘(8) Attorneys providing legal assistance No pay forfeited in accordance with section Congress assembled, must protect the best interests of their cli- 1 may be paid retroactively.∑ SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ents in keeping with the Code of Professional REFERENCE. Responsibility, the Canon of Ethics, and the By Mrs. KASSEBAUM (for herself (a) SHORT TITLE.—This Act may be cited as high standards of the legal profession. and Mr. JEFFORDS): the ‘‘Legal Services Reform Act of 1995’’. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. S. 1221. A bill to authorize appropria- (b) TABLE OF CONTENTS.—The table of con- Subsection (a) of section 1010 (42 U.S.C. tions for the Legal Services Corpora- tents is as follows: 2996i) is amended to read as follows: tion Act, and for other purposes; to the Sec. 1. Short title; table of contents; ref- ‘‘(a) There are authorized to be appro- Committee on Labor and Human Re- erence. priated for the purposes of carrying out the activities of the Corporation— sources. Sec. 2. Findings. Sec. 3. Authorization of appropriations. ‘‘(1) $278,000,000 for fiscal year 1996, LEGAL SERVICES REAUTHORIZATION Sec. 4. Prohibition on redistricting activity. ‘‘(2) $278,000,000 for fiscal year 1997 LEGISLATION Sec. 5. Protection against theft and fraud. ‘‘(3) $278,000,000 for fiscal year 1998, ∑ Mrs. KASSEBAUM. Mr. President, I Sec. 6. Solicitation. ‘‘(4) $278,000,000 for fiscal year 1999, and introduce legislation along with Sen- Sec. 7. Procedural safeguards for litigation. ‘‘(5) $278,000,000 for fiscal year 2000.’’. ator JEFFORDS to reauthorize the Legal Sec. 8. Lobbying and rulemaking. SEC. 4. PROHIBITION ON REDISTRICTING ACTIV- Services Corporation [LSC] Act. Sec. 9. Timekeeping. ITY. Through this federally established Sec. 10. Authority of local governing boards. Section 1007(b) (42 U.S.C. 2996f(b)) is corporation, thousands of low income Sec. 11. Regulation of nonpublic resources. amended— Sec. 12. Certain eviction proceedings. (1) in paragraph (9), by striking ‘‘or’’ after Americans have access to our legal sys- Sec. 13. Implementation of competition. the semicolon; tem. Clients seek assistance with land- Sec. 14. Research and attorneys’ fees. (2) in paragraph (10), by striking the period lord-tenant disputes, domestic violence Sec. 15. Abortion. and inserting ‘‘; or’’; and cases, writing of wills, and other civil Sec. 16. Class actions. (3) by adding at the end the following: S 12838 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘(11) to— ‘‘(4) if success in asserting rights or de- the recipient or employee counsel of the re- ‘‘(A) advocate or oppose, or contribute or fenses of a client in litigation in the nature cipient may execute an agreement, in lieu of make available any funds, personnel, or of class action is dependent upon the joinder seeking a court order under subparagraph equipment for use in advocating or opposing, of others, an attorney may accept, but shall (A), government disclosure of the identity of any plan or proposal, or not seek, employment from those contacted any potential plaintiff. ‘‘(B) represent any party or participate in for the purpose of obtaining that joinder.’’. ‘‘(D) The court may punish as a contempt any other way in litigation, SEC. 7. PROCEDURAL SAFEGUARDS FOR LITIGA- of court any violation of an order of the that is intended to or has the effect of alter- TION. court under subparagraph (A) or (B)—or of ing, revising, or reapportioning a legislative, Section 1007 (42 U.S.C. 2996f), as amended an agreement under subparagraph (C). judicial, or elective district at any level of by section 6 of this Act, is further amended ‘‘(4) Any funds received from a defendant government, including influencing the tim- by adding at the end the following: by a recipient on behalf of a class of eligible ing or manner of the taking of a census.’’. ‘‘(j)(1) No recipient or employee of a recipi- clients shall be placed in an escrow account ent may file a complaint or otherwise pursue SEC. 5. PROTECTION AGAINST THEFT AND until the funds may be paid to such clients. FRAUD. litigation against a defendant unless— Any such funds which are not disbursed to ‘‘(A) all plaintiffs have been specifically Section 1005 (42 U.S.C. 2996d) is amended by clients within one year of the date on which identified, by name, in any complaint filed adding at the end the following: such funds were received shall be returned to for purposes of litigation, except to the ex- ‘‘(h) For purposes of sections 286, 287, 641, the defendant.’’. tent that a court of competent jurisdiction 1001, and 1002 of title 18, United States Code, SEC. 8. LOBBYING. has granted leave to protect the identity of the Corporation shall be considered to be a Section 1007(a)(5) (42 U.S.C. 2996f(a)(5)) is any plaintiff; and amended to read as follows: department or agency of the United States ‘‘(B) a statement or statements of facts ‘‘(5) ensure that no funds made available to Government. written in English and, if necessary, in a lan- recipients are used at any time, directly or ‘‘(i) For purposes of sections 3729 through guage which the plaintiffs understand, which indirectly— 3733 of title 31, United States Code, the term enumerate the particular facts known to the ‘‘(A) to influence the issuance, amendment, ‘‘United States Government’’ shall include plaintiffs on which the complaint is based, or revocation of any executive order or simi- the Corporation, except that actions that are have been signed by the plaintiffs (including lar promulgation by any Federal, State or authorized by section 3730(b) of such title to named plaintiffs in a class action), are kept local agency, or to undertake to influence be brought by persons may not be brought on file by the recipient, and are made avail- the passage or defeat of any legislation by against the Corporation, any recipient, sub- able to any Federal department or agency the Congress of the United States, or by any recipient, grantee, or contractor of the Cor- that is auditing the activities of the Cor- State or local legislative body, or State pro- poration, or any employee thereof. poration or any recipient, and to any auditor ‘‘(j) For purposes of section 1516 of title 18, posals made by initiative petition or referen- receiving Federal funds to conduct such au- United States Code— dum, except to the extent that a govern- diting, including any auditor or monitor of ‘‘(1) the term ‘Federal auditor’ shall in- mental agency, a legislative body, a commit- the Corporation. clude any auditor employed or retained on a tee, or a member thereof is considering a contractual basis by the Corporation, Other parties shall have access to the state- measure directly affecting the recipient or ‘‘(2) the term ‘contract’ shall include any ment of facts referred to in subparagraph (B) the Corporation; grant or contract made by the Corporation, only through the discovery process after liti- ‘‘(B) to pay for any publicity or propa- and gation has begun. ganda intended or designed to support or de- ‘‘(3) the term ‘person’, as used in sub- ‘‘(2) No recipient or employee of a recipient feat legislation pending before the Congress section (a) of such section, shall include any may engage in precomplaint settlement ne- or State or local legislative bodies or in- grantee or contractor receiving financial as- gotiations with a prospective defendant un- tended or designed to influence any decision sistance under section 1006(a)(1). less— by a Federal, State, or local agency; ‘‘(A) all plaintiffs have been specifically ‘‘(k) Funds provided by the Corporation ‘‘(C) to pay for any personal service, adver- identified, except to the extent that a court under section 1006 shall be deemed to be Fed- tisement, telegram, telephone communica- of competent jurisdiction has granted leave eral appropriations when used by a contrac- tions, letter, printed or written matter, or to protect the identity of any plaintiff; and other device, intended or designed to influ- tor, grantee, subcontractor, or subgrantee of ‘‘(B) a statement or statements of facts ence any decision by a Federal, State, or the Corporation. written in English and, if necessary, in a lan- ‘‘(1) For purposes of section 666 of title 18, local agency, except when legal assistance is guage which the plaintiffs understand, which United States Code, funds provided by the provided by an employee of a recipient to an enumerate the particular facts known to the Corporation shall be deemed to be benefits eligible client on a particular application, plaintiffs on which the complaint will be under a Federal program involving a grant claim, or case, which directly involves the based if such negotiations fail, have been or contract.’’. client’s legal rights or responsibilities and signed by all plaintiffs (including named which does not involve the issuance, amend- SEC. 6. SOLICITATION. plaintiffs in a class action), are kept on file ment, or revocation of any agency promulga- Section 1007 (42 U.S.C. 2996f) is amended by by the recipient, and are made available to tion described in subparagraph (A); adding at the end the following: all prospective defendants or such defend- ‘‘(D) to pay for any personal service, adver- ‘‘(i) Any recipient, and any employee of a ants’ counsel, to any Federal department or tisement, telegram, telephone communica- recipient, who has given in-person unsolic- agency that is auditing the activities of the tion, letter, printed or written matter, or ited advice to a nonattorney that such Corporation or any such recipient, and to any other device intended or designed to in- nonattorney should obtain counsel or take any auditor receiving Federal funds to con- fluence any Member of Congress or any other legal action shall not accept employment re- duct such auditing, including any auditor or Federal, State, or local elected official— sulting from that advice, or refer that monitor of the Corporation. nonattorney to another recipient or em- ‘‘(3)(A) Subject to subparagraph (B), any ‘‘(i) to favor or oppose any referendum, ini- ployee of a recipient, except that— Federal district court of competent jurisdic- tiative, constitutional amendment, or any ‘‘(1) an attorney may accept employment tion, after notice to potential parties to liti- similar procedures of the Congress, any by a close friend, relative, former client (if gation referred to in paragraph (1) or to ne- State legislature, any local council, or any the advice given is germane to the previous gotiations described in paragraph (2) and similar governing body acting in a legisla- employment by the client), or person whom after an opportunity for a hearing, may en- tive capacity, the attorney reasonably believes to be a cli- join the disclosure of the identity of any po- ‘‘(ii) to favor or oppose an authorization or ent because the attorney is currently han- tential plaintiff pending the outcome of such appropriation directly affecting the author- dling an active legal matter or case for that litigation or negotiations, upon the estab- ity, function, or funding of the recipient or specific person; lishment of reasonable cause to believe that the Corporation, or ‘‘(2) an attorney may accept employment such an injunction is necessary to prevent ‘‘(iii) to influence the conduct of oversight that results from the attorney’s participa- probable, serious harm to such potential proceedings of a recipient or the Corpora- tion in activities designed to educate plaintiff. tion; or nonattorneys to recognize legal problems, to ‘‘(B) Notwithstanding subparagraph (A), ‘‘(E) to pay for any personal service, adver- make intelligent selection of counsel, or to the court shall, in a case in which subpara- tisement, telegram, telephone communica- utilize available legal services if such activi- graph (A) applies, order the disclosure of the tion, letter, printed or written matter, or ties are conducted or sponsored by a quali- identity of any potential plaintiff to counsel any other device intended or designed to in- fied legal assistance organization; for potential defendants upon the condition fluence any Member of Congress or any other ‘‘(3) without affecting that attorney’s right that counsel for potential defendants not dis- Federal, State, or local elected official to to accept employment, an attorney may close the identity of such potential plaintiff favor or oppose any Act, bill, resolution, or speak publicly or write for publication on (other than to investigators or paralegals similar legislation; legal topics so long as such attorney does hired by such counsel), unless authorized in and ensure that no funds made available to not emphasize the attorney’s own profes- writing by such potential plaintiff’s counsel recipients are used to pay for any adminis- sional experience or reputation and does not or the court. trative or related costs associated with an undertake to give individual advice in such ‘‘(C) In a case in which paragraph (1) ap- activity prohibited in subparagraph (A), (B), speech or publication; and plies, counsel for potential defendants and (C), (D), or (E);’’. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12839 SEC. 9. TIMEKEEPING. except that such funds may not be expended applicant for the delivery of legal assistance Section 1008(b) (42 U.S.C. 2996g(b)) is by recipients for any purpose prohibited by to the eligible clients to be served; a dem- amended— this title or the Legal Services Reform Act onstration of willingness to abide by the re- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and of 1995 (other than any requirement regard- strictions placed on those awarded grants (2) by adding at the end the following: ing the eligibility of clients).’’. and contracts by the Corporation; and, if an ‘‘(2) The Corporation shall require each re- SEC. 12. CERTAIN EVICTION PROCEEDINGS. applicant has previously received an award cipient to maintain records of time spent on Section 1007 (42. U.S.C. 2996f), as amended from the Corporation, the experiences of the the cases or matters with respect to which by sections 6 and 7 of this Act, is further Corporation with the applicant. that recipient is engaged in activities. Pur- amended by adding at the end the following: ‘‘(E) No previous recipient of an award of a suant to such requirements, each employee ‘‘(k)(1) No funds made available by or grant or contract may be given any pref- of such recipient who is an attorney or para- through the Corporation may be used for de- erence. legal shall record, by the name of the case or fending a person in a proceeding to evict ‘‘(m)(1) The Corporation shall define serv- matter, at the time such employee engages that person from a public housing project if ice areas and funds available for each service in an activity regarding such case or matter, the person has been charged with the illegal area shall be on a per capita basis pursuant the type (as defined by the Corporation) of sale or distribution of a controlled substance to the number of poor people determined by case or matter, the time spent on the activ- and if the eviction proceeding is brought by the Bureau of the Census to be within that ity, and the source of funds to be charged for a public housing agency because the illegal area. Funds for a service area may be distrib- the activity.’’. drug activity of that person threatens the uted by the Corporation to one or more re- SEC. 10. AUTHORITY OF LOCAL GOVERNING health or safety of other tenants residing in cipients as defined in section 1006(a). BOARDS. the public housing project or employees of ‘‘(2) The amount of the grants from the Section 1007(c) (42 U.S.C. 2996f(c)) is amend- the public housing agency. Corporation and of the contracts entered ed— ‘‘(2) As used in this subsection— into by the Corporation under section (1) by striking ‘‘(1)’’ and ‘‘(2)’’ and insert- ‘‘(A) the term ‘controlled substance’ has 1006(a)(1) shall be an equal figure per poor ing ‘‘(A)’’ and ‘‘(B)’’, respectively; the meaning given that term in section 102 of person for all geographic areas, based on the (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and the Controlled Substances Act (21 U.S.C. most recent decennial census of population (3) by adding at the end the following: 802); and conducted pursuant to section 141 of title 13, ‘‘(2) The board of directors of any nonprofit ‘‘(B) the terms ‘public housing project’ and United States Code, regardless of the level of organization that is— ‘public housing agency’ have the meanings funding for any such geographic area before ‘‘(A) chartered under the laws of one of the given those terms in section 3 of the United the enactment of the Legal Services Reform States, a purpose of which is furnishing legal States Housing Act of 1937 (42 U.S.C. 1437a).’’. Act of 1995. assistance to eligible clients, and SEC. 13. IMPLEMENTATION OF COMPETITION. ‘‘(3) Beginning with the fiscal year begin- ‘‘(B) receiving funds made available by or ning after the results of the most recent de- (a) IN GENERAL.—Section 1007 (42 U.S.C. through the Corporation, 2996f), as amended by sections 6, 7, and 12 of cennial census have been reported to the shall set specific priorities pursuant to sec- this Act, is further amended by adding at the President under section 141(b) of title 13, tion 1007(a)(2)(C) for the types of matters and end the following: United States Code, funding of geographic cases to which the staff of the nonprofit or- ‘‘(l)(1) All grants and contracts awarded by areas served by recipients shall be redeter- ganization shall devote its time and re- the Corporation for the provision or support mined, in accordance with paragraph (2), sources. The staff of such organization shall of legal assistance to eligible clients under based on the per capita poverty population not undertake cases or matters other than in this title shall be awarded under a competi- in each such geographic area under that de- accordance with the specific priorities set by tive bidding system. cennial census.’’. its board of directors, except in emergency ‘‘(2) Rights under sections 1007(a)(9) and (b) REQUIREMENTS OF RECIPIENTS.—Section situations defined by such board. The staff of 1011 shall not apply to the termination or de- 1007(c) (42 U.S.C. 2996f(c)), as amended by sec- such organization shall report, to the board nial of financial assistance under this title tion 10 of this Act, is further amended by of directors of the organization on a quar- as a result of the competitive award of any adding at the end the following: terly basis and to the Corporation on an an- grant or contract under paragraph (1), and ‘‘(3) Funds appropriated for the Corpora- nual basis, all cases undertaken other than the expiration of any grant or contract tion may not be used by the Corporation in in accordance with such priorities. The Cor- under this title as a result of such competi- making grants or entering into contracts for poration shall promulgate a suggested list of tive award shall not be treated as a termi- legal assistance unless the Corporation en- priorities which boards of directors may use nation or denial of refunding under section sures that the recipient is either— in setting priorities under this paragraph.’’. 1007(a)(9) or 1011. ‘‘(A) a private attorney or attorneys, ‘‘(B) State and local governments or sub- SEC. 11. REGULATION OF NONPUBLIC RE- ‘‘(3) For purposes of this subsection, the SOURCES. term ‘competitive bidding’ means a system state regional planning and coordination Section 1010(c) (42 U.S.C. 2996i(c)) is amend- established by regulations issued by the Cor- agencies which are composed of substate ed to read as follows: poration which provide for the award of areas whose governing board is controlled by ‘‘(c)(1) Any non-Federal funds received by grants and contracts on the basis of merit to locally elected officials, or the Corporation, and any funds received by persons, organizations, and entities de- ‘‘(C) a qualified nonprofit organization any recipient from any source other than the scribed in section 1006(a) who apply for such chartered under the laws of one of the Corporation, shall be accounted for and re- awards in competition with others under States— ported as receipts and disbursements sepa- promulgated criteria. The Corporation shall ‘‘(i) a purpose of which is furnishing legal rate and distinct from Corporation funds. ensure that the system incorporates the fol- assistance to eligible clients, and Any funds so received, including funds de- lowing: ‘‘(ii) the majority of the board of directors rived from Interest on Lawyers Trust Ac- ‘‘(A) The competitive bidding system shall or other governing body of which is com- counts, may not be expended by recipients commence no later than one year after the prised of attorneys who are admitted to for any purpose prohibited by this title or date of enactment of this provision and all practice in one of the States and are ap- the Legal Services Reform Act of 1995. The previously awarded grants and contracts proved to serve on such board or body by the Corporation shall not accept any non-Fed- shall be set aside and subjected to this sys- governing bodies of State, county, or munici- eral funds, and any recipient shall not accept tem within one year thereafter. pal bar associations the membership of funds from any source other than the Cor- ‘‘(B) All awards of grants and contracts which represents a majority of the attorneys poration, unless the Corporation or the re- made under this system shall be subject to practicing law in the locality in which the cipient, as the case may be, notifies in writ- periodic review and renewed with the oppor- organization is to provide legal assistance. ing the source of such funds that the funds tunity for others to compete for the award, The approval described in subparagraph may not be expended for any purpose prohib- and in no event shall any award be granted (B)(ii) may be given to more than one group ited by this title or the Legal Services Re- for a period longer than 5 years. of directors.’’. form Act of 1995. ‘‘(C) Timely notice for the submission of SEC. 14. POWERS, RESEARCH, AND ATTORNEYS’ ‘‘(2) Paragraph (1) shall not prevent recipi- applications for awards shall be published in FEES. ents from— periodicals of local and State bar associa- (a) POWERS.—Section 1006(a)(1)(A)(ii) is ‘‘(A) receiving Indian tribal funds (includ- tions and in at least one daily newspaper of amended to read as follows: ing funds from private nonprofit organiza- general circulation in the area to be served ‘‘(ii) State and local governments or sub- tions for the benefit of Indians or Indian by the award recipient. state regional planning and coordination tribes) and expending them in accordance ‘‘(D) The selection criteria shall include agencies which are composed of substate with the specific purposes for which they are but not be limited to the demonstration of a areas whose governing board is controlled by provided; or full understanding of the basic legal needs of locally elected officials,’’. ‘‘(B) using funds received from a source the eligible clients to be served and a dem- (b) RESEARCH.—Section 1006(a) (42 U.S.C. other than the Corporation to provide legal onstration of the capability of serving those 2996e(a)) is amended by inserting ‘‘and’’ at assistance to a client who is not an eligible needs; the reputations of the principals of the end of paragraph (1), by striking ‘‘; and’’ client if such funds are used for the specific the applicant; the quality, feasibility, and at the end of paragraph (2) and inserting a purposes for which such funds were received, cost effectiveness of plans submitted by the period, and by striking paragraph (3). S 12840 CONGRESSIONAL RECORD — SENATE September 7, 1995

(c) ATTORNEYS’ FEES.—Section 1006 (42 that the policy or practice will continue to adopt a permanent system of client U.S.C. 2996e(f)) is amended by striking sub- adversely affect eligible clients, that the re- copayments for some or all of its programs section (f) and inserting the following: cipient has given notice of its intention to of legal assistance.’’. ‘‘(f)(1) A recipient, or any client of such re- seek class relief, and that responsible efforts SEC. 20. FEE-GENERATING CASES. cipient, may not claim or collect attorneys’ to resolve without litigation the adverse ef- (a) REPRESENTATION IN FEE-GENERATING fees from nongovernmental parties to litiga- fects of the policy or practice have not been CASE.—Paragraph (1) of section 1007(b) (42 tion initiated by such client with the assist- successful or would be adverse to the inter- U.S.C. 2996f(b)) is amended to read as follows: ance of such recipient. est of the clients.’’. ‘‘(1) to provide legal assistance with re- ‘‘(2) The Corporation shall create a fund to SEC. 17. RESTRICTIONS ON USE OF FUNDS FOR spect to any fee-generating case, except that pay defendants or clients under paragraphs LEGAL ASSISTANCE TO ALIENS. this paragraph does not preclude representa- (3). In addition to any other amounts appro- Section 1007 (42 U.S.C. 2996f), as amended tion of otherwise eligible clients in cases in priated to the Corporation, there is author- by sections 6, 7, 12, 13, and 15 of this Act, is which the client seeks benefits under titles ized to be appropriated to such fund for each further amended by adding at the end the II or XVI of the Social Security Act;’’. fiscal year such sums as may be necessary. following: (b) DEFINITION.—Section 1007(b) is amended ‘‘(3) If a Federal court has found an action ‘‘(o) No funds made available to any recipi- by adding at the end the following: commenced by a plaintiff with the assistance ent from any source may be expended to pro- ‘‘For purposes of paragraph (1), the term ‘fee- of a recipient involves a violation of Rule 11 vide legal assistance for or on behalf of any generating case’ means any case which if un- of the Federal Rules of Civil Procedure, or if alien unless the alien is present in the Unit- dertaken on behalf of an eligible client by an the president of the Corporation finds that ed States and is— attorney in private practice may reasonably an action commenced by a plaintiff with the ‘‘(1) an alien lawfully admitted for perma- be expected to result in a fee for legal serv- assistance of a recipient in any court in- nent residence as defined in section 101(a)(2) ices from an award to a client from public volves a violation of the standards of Rule of the Immigration and Nationality Act (8 funds, from the opposing party, or from any 11, or was commenced for the purpose of re- U.S.C. 1101(a)(20)); other source.’’. taliation or harassment, the president of the ‘‘(2) an alien who is either married to a Corporation shall, upon application by the United States citizen or is a parent or an un- SEC. 21. WELFARE REFORM. defendant, award from the Fund all reason- married child under the age of 21 years of Section 1007(b) (42 U.S.C. 2996f(b)), as able costs and attorneys’ fees incurred by such a citizen and who has filed an applica- amended by section 15(b), is amended— the defendant in defending the action. tion for adjustment of status to permanent (1) by striking ‘‘or’’ at the end of paragraph ‘‘(g)(1) The Board, within 90 days after the resident under the Immigration and Nation- (9), date of the enactment of the Legal Services ality Act, and such application has not been (2) by striking the period at the end of Reform Act of 1995, shall issue regulations to rejected; paragraph (10) and inserting a semicolon, and provide for the distribution of attorneys’ fees ‘‘(3) an alien who is lawfully present in the (3) by adding after paragraph (10) the fol- received by a recipient, in accordance with United States pursuant to an admission lowing: paragraph (2). under section 207 of the Immigration and Na- ‘‘(11) to provide legal representation for ‘‘(2) Such fees shall be transferred to the tionality Act (8 U.S.C. 1157, relating to refu- any person or participate in any other way Corporation and the Corporation shall dis- gee admissions) or who has been granted asy- in litigation, lobbying, or rulemaking in- tribute such fees among its grantees for the lum by the Attorney General under such Act; volving efforts to reform a State or Federal direct delivery of legal assistance, except ‘‘(4) an alien who is lawfully present in the welfare system, except that this paragraph that, subject to approval by the Corpora- United States as a result of the Attorney does not preclude a recipient from represent- tion— General’s withholding of deportation pursu- ing an individual client who seeking specific ‘‘(A) a recipient shall not be required to ant to section 243(h) of the Immigration and relief from a welfare agency where such re- transfer fees or other compensation received Nationality Act (8 U.S.C. 1253(h)); or lief does not involve an effort to amend or as a result of a mandated court appointment; ‘‘(5) an alien to whom section 305 of the Im- otherwise challenge existing law; or’’. ‘‘(B) a recipient may retain reasonable migration Reform and Control Act of 1986 ap- SEC. 22. PRISONER LITIGATION. costs customarily allowed in litigation plies, but only to the extent that the legal Section 1007(b) (42 U.S.C. 2996f(b)), as against an unsuccessful party; and assistance provided is that described in that amended by section 21, is amended by adding ‘‘(C) a recipient may retain the actual cost section. after paragraph (11) the following: of bringing the action, including the propor- An alien who is lawfully present in the Unit- ‘‘(12) to provide legal representation in liti- tion of the compensation of each attorney ed States as a result of being granted condi- gation on behalf of a local, State, or Federal involved in the action which is attributable tional entry pursuant to section 203(a)(7) of prisoner.’’. to that action.’’. the Immigration and Nationality Act (8 SEC. 23. APPOINTMENT OR CORPORATION PRESI- SEC. 15. ABORTION. U.S.C. 11553(a)(7)) before April 1, 1980, be- DENT. (a) PROHIBITION.—Section 1007 (42 U.S.C. cause of persecution or fear of persecution on Section 1005 (42 U.S.C. 2996d) is amended in 2996f), as amended by sections 6, 7, 12, and 13 account of race, religion, or political opinion subsection (a)— of this Act, is further amended by adding at or because of being uprooted by catastrophic (1) by striking ‘‘The Board shall’’ and in- the end the following: natural calamity shall be deemed to be an serting ‘‘The President, by and with the ad- ‘‘(n) No funds made available to any recipi- alien described in paragraph (3).’’. vice and consent of the Senate, shall’’; ent from any source may be used to partici- SEC. 18. TRAINING. (2) by adding ‘‘who shall serve at the pleas- pate in any litigation with respect to abor- Section 1007(b)(6) (42 U.S.C. 2996f(b)(6)) is ure of the President’’ after ‘‘the president of tion.’’. amended to read as follows: the Corporation,’’; (b) CONFORMING AMENDMENT.—Section ‘‘(6) to support or conduct training pro- (3) by striking ‘‘as the Board’’ and insert- 1007(b) (42 U.S.C. 2996f(b)), as amended by sec- grams for the purpose of advocating particu- ing ‘‘as the President’’; and tion 4, is amended by striking paragraph (8) lar public policies or encouraging political (4) by striking ‘‘by the Board’’ and insert- and redesignating paragraphs (9), (10), and activities, labor or antilabor activities, boy- ing ‘‘by the President’’. (11) as paragraphs (8), (9), and (10), respec- cotts, picketing, strikes, or demonstrations, SEC. 24. EVASION. tively. including the dissemination of information The Legal Services Corporation Act is SEC. 16. CLASS ACTIONS. about such policies or activities, except that amended— Section 1006(d)(5) (42 U.S.C. 2996e(d)(5)) is this paragraph shall not be construed to pro- (1) by redesignating sections 1013 and 1014 amended— hibit the training of attorneys or paralegal as sections 1014 and 1015, respectively; and (1) by striking ‘‘No’’ and inserting ‘‘(A) personnel necessary to prepare them to pro- (2) by inserting after section 1012 the fol- Subject to subparagraph (B), no’’; and vide adequate legal assistance to eligible cli- lowing new section: ents, to advise any eligible client as to the (2) by adding at the end the following: ‘‘EVASION ‘‘(B) No recipient or employee of a recipi- nature of the legislative process, or to in- ent may bring a class action suit against the form any eligible client of the client’s rights ‘‘SEC. 1013. Any attempt, such as the cre- Federal Government or any State or local under any statute, order, or regulation;’’. ation or use of ‘alternative corporations’, to avoid or otherwise evade the provisions of government unless— SEC. 19. COPAYMENTS. ‘‘(i) the governing body of the recipient has Section 1007 (42 U.S.C. 2996f), as amended this title or the Legal Services Reform Act expressly approved the filing of such an ac- by sections 6, 7, 12, 13, 15, and 17 of this Act, of 1995 is prohibited.’’. tion; is further amended by adding at the end the SEC. 25. PAY FOR OFFICERS AND EMPLOYEES OF ‘‘(ii) the class relief which is the subject of following: THE CORPORATION. such an action is sought for the primary ben- ‘‘(p) The Corporation shall undertake one Section 1005(d) (42 U.S.C. 2996d(d)) is efit of individuals who are eligible for legal or more demonstration projects in order to amended— assistance under this title; and study the feasibility of using client (1) by striking ‘‘V’’ and inserting ‘‘III’’; and ‘‘(iii) before filing such an action, the copayments to assist in setting the service (2) by striking ‘‘5316’’ and inserting ‘‘3514’’. project director of the recipient determines priorities of its programs. Based on these SEC. 26. LOCATION OF PRINCIPAL OFFICE. that the government entity is not likely to projects and such other information as it Section 1003(b) (42 U.S.C. 2996b(b)) is change the policy or practice in question, considers appropriate, the Corporation may amended by striking ‘‘District of Columbia’’ September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12841 and inserting ‘‘Washington D.C. metropoli- that the IMF stands ready for an emer- of the violence broadcast on television, tan area’’. gency bailout. and for other purposes. SEC. 27. DEFINITION. I think this is a bad idea, and I think S. 955 As used in section 1009(d) of Legal Services the United States and the Inter- At the request of Mr. HATCH, the Corporation Act, the term ‘‘attorney client national Monetary Fund [IMF] should privilege’’ protects only a communication name of the Senator from New Jersey made in confidence to an attorney by a cli- abandon further discussions about its [Mr. BRADLEY] was added as a cospon- ent for the purpose of seeking legal advice. creation. sor of S. 955, a bill to clarify the scope Claims of such privilege and claims of con- Unfortunately, I am not sure this ad- of coverage and amount of payment fidentiality do not, except to the extent pro- ministration will back away from this under the medicare program of items vided by court order, protect from disclosure proposal. For this reason, I am intro- and services associated with the use in to any Federal department or agency that is ducing legislation today that will stop the furnishing of inpatient hospital auditing the activities of the Legal Services the creation of any new international Corporation or any recipient (as defined in services of certain medical devices ap- bailout fund. proved for investigational use. section 1002 of the Legal Services Corpora- The bill will prevent any funds from tion Act), or to any auditor receiving Fed- S. 1000 being used, directly or indirectly, for eral funds to conduct such auditing, includ- At the request of Mr. BURNS, the the creation of this new international ing any auditor or monitor of the Corpora- names of the Senator from Texas [Mrs. tion, the names of plaintiffs that are a mat- fund. HUTCHISON], the Senator from Colorado ter of public record or documents which have Mr. President, our own country is been seen by third parties, including all fi- going into debt approximately $800 mil- [Mr. BROWN], and the Senator from In- nancial books and records. The Corporation lion a day. We simply cannot afford to diana [Mr. LUGAR] were added as co- shall not disclose any such information, ex- be bailing out foreign countries that sponsors of S. 1000, a bill to amend the cept to the Inspector General of the Corpora- have pursued poor economic policies. It Internal Revenue Code of 1986 to pro- tion, to Federal or State law enforcement, is bad enough that we have spent $12.5 vide that the depreciation rules which judicial, or other officials, or to officials of apply for regular tax purposes shall appropriate bar associations for the purpose billion on Mexico. After this, we should say no more to Mexico, and no more to also apply for alternative minimum of conducting investigations of violations of tax purposes, to allow a portion of the rules of professional conduct.∑ any other country. If the United States keeps up this tentative minimum tax to be offset by By Mr. FAIRCLOTH: spending pattern, who is going to bail the minimum tax credit, and for other S. 1222. A bill to prevent the creation out this country? We sent a troubling purposes. of an international bailout fund within signal to the world that we were not S. 1009 the International Monetary Fund, and going to get our economic house in At the request of Mr. D’AMATO, the for other purposes; to the Committee order when the Senate refused to pass name of the Senator from Nevada [Mr. on Foreign Relations. a balanced budget amendment, and the BRYAN] was added as a cosponsor of S. INTERNATIONAL MONETARY FUND LEGISLATION dollar declined as a result. I know for 1009, a bill to prohibit the fraudulent ∑ Mr. FAIRCLOTH. Mr. President, I certain that we will never balance the production, sale, transportation, or have spoken on a number of occasions budget if we continue policies like bail- possession of fictitious items purport- in opposition to the United States bail- ing out Mexico. ing to be valid financial instruments of out of Mexico. To date, the United Mr. President, in conclusion, if the the United States, foreign govern- States has provided $12.5 billion for United States is serious about bal- ments, States, political subdivisions, Mexico to prop up the Mexican peso. I ancing our budget—and about avoiding or private organizations, to increase remain skeptical that the United other debacles like Mexico, we will the penalties for counterfeiting viola- States will ever have this money re- move quickly to stop the creation of tions, and for other purposes. paid. this new fund. I would urge the Senate S. 1025 The Banking Committee held hear- to move forward on this legislation.∑ At the request of Mr. INHOFE, his ings approximately 2 months ago in f name was withdrawn as a cosponsor of which a number of Mexican citizens, S. 1025, a bill to provide for the ex- some of them prominent political oppo- ADDITIONAL COSPONSORS change of certain federally owned lands sition leaders, said that we would never S. 356 and mineral interests therein, and for be repaid. At the request of Mr. SHELBY, the other purposes. What is particularly bothersome name of the Senator from West Vir- S. 1028 about the Mexico debacle is that the ginia [Mr. BYRD] was added as a co- At the request of Mrs. KASSEBAUM, United States taxpayer is guaranteeing sponsor of S. 356, a bill to amend title the name of the Senator from Oregon repayment to investors in Mexican 4, United States Code, to declare Eng- [Mr. HATFIELD] was added as a cospon- bonds who at the time were earning ex- lish as the official language of the Gov- sor of S. 1028, a bill to provide in- traordinary returns, some 30 percent to ernment of the United States. creased access to health care benefits, 40 percent on Mexico bonds. These in- S. 434 to provide increased portability of vestors were aware of the risks. health care benefits, to provide in- As a reponse to this crisis, the ad- At the request of Mr. KOHL, the name creased security of health care bene- ministration, along with the Inter- of the Senator from Mississippi [Mr. fits, to increase the purchasing power national Monetary Fund [IMF], is now COCHRAN] was added as a cosponsor of of individuals and small employers, considering the establishment of an S. 434, a bill to amend the Internal and for other purposes. international fund to bail out other Revenue Code of 1986 to increase the countries that find themselves in the deductibility of business meal expenses SENATE RESOLUTION 133 same position as Mexico. The adminis- for individuals who are subject to Fed- At the request of Mr. HELMS, the tration calls this an Emergency Fi- eral limitations on hours of service. name of the Senator from Montana nancing Mechanism—but the truth is S. 490 [Mr. BURNS] was added as a cosponsor that it’s another bailout on an inter- At the request of Mr. GRASSLEY, the of Senate Resolution 133, a resolution national scale. name of the Senator from Oklahoma expressing the sense of the Senate that The most troubling aspect of this is [Mr. INHOFE] was added as a cosponsor the primary safeguard for the well- that the new fund will create a moral of S. 490, a bill to amend the Clean Air being and protection of children is the hazard for other countries. What will Act to exempt agriculture-related fa- family, and that, because the United stop a country from pursuing reckless cilities from certain permitting re- Nations Convention on the Rights of economic policies, from going deeper quirements, and for other purposes. the Child could undermine the rights of into debt—knowing that if they fail, S. 772 the family, the President should not the newly created fund stands ready for At the request of Mrs. HUTCHISON, the sign and transmit it to the Senate. a bailout. What will prevent investors name of the Senator from Virginia [Mr. SENATE RESOLUTION 149 from investing in the most risky Gov- ROBB] was added as a cosponsor of S. At the request of Mr. AKAKA, the ernment bonds—with full knowledge 772, a bill to provide for an assessment name of the Senator from Utah [Mr. S 12842 CONGRESSIONAL RECORD — SENATE September 7, 1995

HATCH] was added as a cosponsor of The exhibit is made possible by the AMENDMENTS SUBMITTED Senate Resolution 149, a resolution ex- Newington-Cropsey Foundation, an or- pressing the sense of the Senate re- ganization which works for the preser- garding the recent announcement by vation of 19th century art and culture THE FAMILY SELF-SUFFICIENCY the Republic of France that it intends of New York’s Hudson River Valley. ACT OF 1995 to conduct a series of underground nu- Organized to preserve the paintings clear test explosions despite the cur- and historic studio of Jasper Francis rent international moratorium on nu- BROWN (AND OTHERS) Cropsey, the foundation has donated clear testing. AMENDMENT NO. 2465 numerous works to significant institu- SENATE CONCURRENT RESOLUTION 26—RELATIVE tions including the White House, the Mr. BROWN (for himself, Mr. MOY- TO A MONUMENT DEDICATED TO THE BILL OF NIHAN, Mr. SIMPSON, Mr. MURKOWSKI, RIGHTS U.S. Department of State, the Metro- politan Museum of Art, Yale Univer- Mr. KOHL, Mr. CAMPBELL, Mr. Mr. LOTT submitted the following FEINGOLD, Mr. BYRD, and Mr. HELMS) concurrent resolution; which was re- sity, Princeton University, and other domestic and international fixtures. proposed an amendment to amendment ferred to the Committee on Rules and No. 2280 proposed by Mr. DOLE to the Administration: Following the ‘‘Eagle’’ exhibit, the bill (H.R. 4) to restore the American S. CON. RES. 26 Newington-Cropsey Foundation has of- family, reduce illegitimacy, control Resolved by the Senate (the House of Rep- fered the sculpture for permanent welfare spending and reduce welfare de- resentatives concurring), placement on the Capitol Grounds. pendence; as follows: SECTION 1. AUTHORIZATION. At this time I would like to submit a At the appropriate place, insert the follow- The Newington-Cropsey Foundation is au- resolution that will accept this gift ing: thorized to erect on the Capitol Grounds and present to Congress and the people of the from the Newington-Cropsey Founda- SEC. . EXPENDITURE OF FEDERAL FUNDS IN AC- tion and urge that the Senate pass it CORDANCE WITH LAWS AND PROCE- United States a monument dedicated to the DURES APPLICABLE TO EXPENDI- Bill of Rights (referred to as the ‘‘monu- expeditiously. TURE OF STATE FUNDS. ment’’). The monument shall be erected SENATE RESOLUTION 167—CONGRATULATING CAL (a) IN GENERAL.—Notwithstanding any without expense to the United States. RIPKEN, JR. other provision of law, any funds received by SEC. 2. DESIGN AND REVIEW. a State under the provisions of law specified The design and plans for the monument Ms. MIKULSKI (for herself, Mr. SAR- in subsection (b) shall be expended only in shall be subject to review and approval by BANES, Mr. WARNER, and Mr. ROBB) sub- accordance with the laws and procedures ap- the Architect of the Capitol. The monument mitted the following resolution; which plicable to expenditures of the State’s own shall be erected on a site to be determined by was considered and agreed to: revenues, including appropriation by the the Architect of the Capitol, subject to the State legislature, consistent with the terms approval of the Committee on Rules and Ad- S. RES. 167 and conditions required under such provi- ministration of the Senate and the Commit- sions of law. Whereas on May 30, 1982, Cal Ripken, Jr. tee on House Oversight of the House of Rep- (b) PROVISIONS OF LAW.—The provisions of resentatives and in consultation with the became the regular starting shortstop for law specified in this subsection are the fol- Newington-Cropsey Foundation. the Baltimore Orioles baseball club; lowing: SEC. 3. ACCEPTANCE OF MONUMENT. Whereas Cal Ripken, Jr. has not missed a (1) Part A of title IV of the Social Security After the completion of the monument ac- single day of work in the intervening 14 Act (relating to block grants for temporary cording to the approved plans and specifica- years; assistance to needy families). (2) Section 25 of the Food Stamp Act of tions, the monument shall be accepted by Whereas on September 6, 1995, Cal Ripken, the Congress on behalf of the people of the 1977 (relating to the optional State food as- Jr. played in his 2,131st consecutive Major United States for permanent placement on sistance block grant). League Baseball game, breaking the long- the Capitol Grounds. (3) Subtitles B and C of title VII of this Act standing record held by the great Lou (relating to workforce development). Mr. LOTT. Mr. President, I rise today Gehrig; to recognize the work of Greg Wyatt, (4) The Child Care and Development Block Whereas Cal Ripken, Jr. has been a first- Grant Act of 1990 (relating to block grants the sculptor-in-residence at the Cathe- rate role model for the young people of Balti- for child care). dral of St. John the Divine. more, the State of Maryland, and the United Mr. Wyatt is exhibiting his sculpture, States; MOYNIHAN AMENDMENT NO. 2466 the bill of rights ‘‘Eagle’’, in the Rus- Whereas Cal Ripken, Jr. has been named sell Senate Office Building September by America’s baseball fans to 13 American Mr. MOYNIHAN proposed an amend- 5–9, 1995. League All-Star teams; ment to amendment No. 2280 proposed By this exhibition of his craft, Mr. by Mr. DOLE to the bill H.R. 4, supra; as Whereas Cal Ripken, Jr. was named the Wyatt expresses the freedoms we are American League’s Most Valuable Player for follows: guaranteed by the Bill of Rights the 1983 and 1991 seasons; In lieu of the matter proposed to be in- through a work of art for all Ameri- serted, insert the following: Whereas Cal Ripken, Jr. was a member of cans. the 1983 World Series Champion Baltimore SHORT TITLE; TABLE OF CONTENTS. As president of the Cathedral of St. Orioles baseball team; (a) SHORT TITLE.—This Act may be cited as John’s fantasy fountain fund, Mr. the ‘‘Family Support Act of 1995’’. Whereas Cal Ripken, Jr. was named the Wyatt also contributes by instructing (b) TABLE OF CONTENTS.—The table of con- Most Valuable Player in the 1991 All-Star tents for this Act is as follows: talented apprentices in appreciation game; for the renaissance tradition. Studio Sec. 1. Short title; table of contents. apprenticeship leads to the develop- Whereas Cal Ripken, Jr. has twice been Sec. 2. References to Social Security Act. awarded baseball’s most prestigious award ment and promotion of the arts, which TITLE I—STRENGTHENING THE JOBS for excellence in fielding, the Gold Glove PROGRAM benefits every American citizen. Award, for the 1991 and 1992 seasons; Our Bill of Rights is an historic liv- Sec. 101. Increase in required JOBS partici- ing document that should be the focus Whereas in the distinguished career of Cal pation rates. Ripken, Jr., he has demonstrated an extraor- Sec. 102. Promoting work. of our continuous study and apprecia- dinary work ethic, and dedication to his pro- tion, for it outlines the most fun- Sec. 103. Funding for the JOBS program and fession, his family, and his fans; and child care. damental freedoms and protections we Sec. 104. Evaluation of the JOBS program. enjoy as Americans. Whereas the humility, hard work, desire, and commitment of Cal Ripken, Jr. have TITLE II—AID TO FAMILIES WITH The ‘‘Eagle’’ that Mr. Wyatt is pre- made him one of the best-loved and the most DEPENDENT CHILDREN senting is a tribute to those freedoms enduring figures in the history of the game Subtitle A—Requirements for Teenage and to the strength of a nation built on of baseball: Now, therefore, be it Parents individual rights. As we return in Sep- Resolved, That the United States Senate Sec. 201. Case management for parents tember to begin the remainder of the congratulates Cal Ripken, Jr. for his out- under age 20. year’s work, I urge my colleagues to standing achievement in becoming the first Sec. 202. Participation in educational activ- take time to view this work of art and player in the history of Major League Base- ity. reflect upon all that it represents. ball to compete in 2,131 consecutive games. Sec. 203. Living arrangement requirements. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12843 Subtitle B—State Flexibility Sec. 363. Authority to collect support from (2) in subparagraph (B)— PART I—ESTABLISHMENT OF INTERAGENCY Federal employees. (A) in clause (ii)(IV), by striking ‘‘fiscal WELFARE REVIEW BOARD Sec. 364. Enforcement of child support obli- years 1994 and 1995’’ and inserting ‘‘any fiscal gations of members of the year beginning after fiscal year 1993’’; and Sec. 211. Interagency Welfare Review Board. Armed Forces. (B) in clause (iii), by striking subclauses (I) Sec. 212. Waiver application. Sec. 365. Voiding of fraudulent transfers. and (II) and inserting the following: Sec. 213. Review and approval of applica- Sec. 366. State law authorizing suspension of ‘‘(I) the average monthly number of indi- tions. licenses. viduals required or allowed by the State to Sec. 214. Definition of State. Sec. 367. Reporting arrearages to credit bu- participate in the program under part F who PART II—ADDITIONAL PROVISIONS CONCERNING reaus. have participated in such program in months WAIVERS Sec. 368. Extended statute of limitation for in the computation period (including individ- Sec. 221. Schedule for consideration of waiv- collection of arrearages. uals who combine employment and partici- er applications. Sec. 369. Charges for arrearages. pation in such program for an average of 20 Sec. 222. State authority to establish cer- Sec. 370. Denial of passports for nonpayment hours a week in that month in such period), tain AFDC rules. of child support. plus the number of individuals who are em- Sec. 223. Waiver authority for the JOBS pro- PART VIII—MEDICAL SUPPORT ployed for an average of 20 hours a week in gram. that month in such period, divided by Sec. 381. Technical correction to ERISA def- ‘‘(II) the average monthly number of indi- TITLE III—CHILD SUPPORT inition of medical child support ENFORCEMENT viduals required to participate under the order. program under part F in such period (other Sec. 300. Short title. PART IX—ACCESS AND VISITATION PROGRAMS than individuals described in subparagraph Subtitle A—Improvements to the Child Sec. 391. Grants to States for access and vis- (C)(iii)(I) or (D) of section 402(a)(19) with re- Support Collection System itation programs. spect to whom the State has exercised its op- PART I—ELIGIBILITY AND OTHER MATTERS Subtitle B—Effect of Enactment tion to require their participation), minus CONCERNING TITLE IV–D PROGRAM CLIENTS the average monthly number of individuals Sec. 395. Effective dates. who are being sanctioned in such period pur- Sec. 301. Cooperation requirement and good Sec. 396. Severability. cause exception. suant to section 402(a)(19)(G).’’. TITLE IV—SUPPLEMENTAL SECURITY (b) CONFORMING AMENDMENTS.—The Family Sec. 302. State obligation to provide pater- INCOME Support Act of 1988 (42 U.S.C. 1305 note) is nity establishment and child amended by striking section 204(b)(2). support enforcement services. Sec. 401. Revised regulations applicable to Sec. 303. Distribution of payments. the determination of disability SEC. 102. PROMOTING WORK. Sec. 304. Rights to notification and hear- in individuals under the age of (a) INCREASED EMPLOYMENT AND JOB RE- ings. 18. TENTION.—Section 481(a) (42 U.S.C. 681(a)) is Sec. 305. Privacy safeguards. Sec. 402. Directory of services. amended to read as follows: Sec. 403. Use of standardized tests and their ‘‘SEC. 481. (a) PURPOSE.—It is the purpose PART II—PROGRAM ADMINISTRATION AND equivalent. of this part to assist each State in providing FUNDING Sec. 404. Graduated benefits for additional such services as the State determines to be Sec. 311. Federal matching payments. children. necessary to— Sec. 312. Performance-based incentives and Sec. 405. Treatment requirements for dis- ‘‘(1) enable individuals receiving assistance penalties. abled individuals under the age under part A to enter employment as quick- Sec. 313. Federal and State reviews and au- of 18. ly as possible; dits. Sec. 406. Special accounts for individuals ‘‘(2) increase job retention; and Sec. 314. Required reporting procedures. under the age of 18. ‘‘(3) ensure that needy families with chil- Sec. 315. Automated data processing require- Sec. 407. Continuing disability reviews for dren obtain the education, training, and em- ments. individuals under the age of 18. ployment that will help them avoid long- Sec. 316. Director of CSE program; staffing Sec. 408. Coordination of services for SSI term welfare dependence.’’. study. children. (b) STATE AGENCY RESPONSIBILITIES.—Sec- Sec. 317. Funding for secretarial assistance tion 482(a)(2) (42 U.S.C. 682(a)(2)) is amend- TITLE V—MISCELLANEOUS PROVISIONS to State programs. ed— Sec. 318. Data collection and reports by the Sec. 501. Uniform alien eligibility criteria (1) by striking ‘‘(2) The’’ and inserting Secretary. for public assistance programs. ‘‘(2)(A) The’’; and Sec. 502. Deeming of sponsor’s income and PART III—LOCATE AND CASE TRACKING (2) by adding at the end the following new resources to an alien under the subparagraphs: Sec. 321. Central State and case registry. supplemental security income, ‘‘(B) The State agency shall establish pro- Sec. 322. Centralized collection and disburse- aid to families with dependent cedures to— ment of support payments. children, and food stamp pro- ‘‘(i) encourage the placement of partici- Sec. 323. Amendments concerning income grams. pants in jobs as quickly as possible, includ- withholding. Sec. 503. Adjustment to thrifty food plan. ing using performance measures that reward Sec. 324. Locator information from inter- Sec. 504. Failure to comply with other wel- staff performance, or such other manage- state networks. fare and public assistance pro- ment practice as the State may choose; and Sec. 325. Expanded Federal parent locator grams. ‘‘(ii) assist participants in retaining em- service. SEC. 2. REFERENCES TO SOCIAL SECURITY ACT. ployment after they are hired. Sec. 326. Use of social security numbers. Except as otherwise specifically provided, ‘‘(C) The Secretary shall provide technical PART IV—STREAMLINING AND UNIFORMITY OF whenever in this Act an amendment is ex- assistance and training to States to assist PROCEDURES pressed in terms of an amendment to or re- the States in implementing effective man- Sec. 331. Adoption of uniform State laws. peal of a section or other provision, the ref- agement practices and strategies in order to Sec. 332. Improvements to full faith and erence shall be considered to be made to that achieve the purpose of this part.’’. credit for child support orders. section or other provision of the Social Secu- (c) SERVICES AND ACTIVITIES UNDER THE Sec. 333. State laws providing expedited pro- rity Act (42 U.S.C. 301 et seq.). JOBS PROGRAM.—Section 482(d)(1)(A)(i) (42 cedures. U.S.C. 682(d)(1)(A)(i)) is amended— TITLE I—STRENGTHENING THE JOBS (1) in the matter preceding subclause (I), PART V—PATERNITY ESTABLISHMENT PROGRAM by striking ‘‘shall’’ and inserting ‘‘may’’; Sec. 341. State laws concerning paternity es- SEC. 101. INCREASE IN REQUIRED JOBS PARTICI- and tablishment. PATION RATES. (2) in subclause (I), by striking ‘‘(as appro- Sec. 342. Outreach for voluntary paternity (a) IN GENERAL.—Section 403(l)(3) (42 U.S.C. priate)’’ and all that follows through the establishment. 603(l)(3)) is amended— semicolon and inserting a semicolon. PART VI—ESTABLISHMENT AND MODIFICATION (1) in subparagraph (A)— (d) JOB PLACEMENT VOUCHER PROGRAM.— OF SUPPORT ORDERS (A) in clause (v), by striking ‘‘and’’; (1) ADDITION OF PROGRAM.—Section 482 (42 (B) in clause (vi), by striking the period U.S.C. 682) is amended— Sec. 351. National Child Support Guidelines and inserting ‘‘or 1996;’’; and (A) in subsection (d)(1)(A)(ii)— Commission. (C) by adding at the end the following new (i) in subclause (III), by striking ‘‘and’’ at Sec. 352. Simplified process for review and clauses: the end; adjustment of child support or- ‘‘(vii) 30 percent if such year is 1997; (ii) in subclause (IV), by striking the pe- ders. ‘‘(viii) 35 percent if such year is 1998; riod and inserting ‘‘; and’’; and PART VII—ENFORCEMENT OF SUPPORT ORDERS ‘‘(ix) 40 percent if such year is 1999; (iii) by adding at the end the following new Sec. 361. Federal income tax refund offset. ‘‘(x) 45 percent if such year is 2000; and subclause: Sec. 362. Internal Revenue Service collec- ‘‘(xi) 50 percent if such year is 2001 or any ‘‘(V) a job placement voucher program as tion of arrearages. year thereafter.’’; and described in subsection (h).’’; S 12844 CONGRESSIONAL RECORD — SENATE September 7, 1995 (B) by redesignating subsections (h) and (i) operated under this subsection in achieving ‘‘(F) $1,200,000,000 in the case of the fiscal as subsections (i) and (j), respectively; and employment for individuals participating in year 1996, (C) by inserting after subsection (g), the such voucher program. Such standards shall ‘‘(G) $1,300,000,000 in the case of the fiscal following subsection: take into account the economic conditions year 1997, ‘‘(h) JOB PLACEMENT VOUCHER PROGRAM.— of the State in determining the rate of suc- ‘‘(H) $1,600,000,000 in the case of the fiscal (1) The State agency may establish and oper- cess. year 1998, ate a job placement voucher program for in- ‘‘(ii) The State shall, not less than once a ‘‘(I) $1,900,000,000 in the case of the fiscal dividuals participating in the program under fiscal year, evaluate the job placement year 1999, this part. voucher program operated under this sub- ‘‘(J) $2,200,000,000 in the case of the fiscal ‘‘(2) A State that elects to operate a job section in accordance with the performance- year 2000, and placement voucher program under this sub- based standards established under clause (i). ‘‘(K) $2,500,000,000 in the case of the fiscal section— ‘‘(iii) The State shall submit a report con- year 2001, and each succeeding fiscal year,’’. ‘‘(i) shall establish eligibility requirements taining the results of an evaluation con- (2) APPLICABLE PERCENTAGES.— for participation in the job placement vouch- ducted under clause (ii) to the Secretary and (A) IN GENERAL.—Section 403(l)(1) (42 U.S.C. er program; and a description of the performance-based 603(l)(1)) is amended— ‘‘(ii) may establish other requirements for standards used to conduct the evaluation in (i) by striking ‘‘(l)(1)(A) In lieu’’ and in- such voucher program as the State deems ap- such form and under such conditions as the serting ‘‘(l)(1) In lieu’’; and propriate. Secretary shall require. The Secretary shall (ii) by striking ‘‘(including expenditures’’ ‘‘(3) A job placement voucher program op- review each report submitted under this and all that follows through subparagraph erated by a State under this subsection shall clause and may require the State to revise (B), and inserting ‘‘an amount equal to the include the following requirements: the performance-based standards if the Sec- greater of— ‘‘(A) The State shall identify, maintain, retary determines that the State is not ‘‘(A) 70 percent; or and make available to an individual applying achieving an adequate rate of success for ‘‘(B) the Federal medical assistance per- for or receiving assistance under part A a centage (as defined in section 1118 in the case list of State-approved job placement organi- such State.’’. zations that offer services in the area where (2) CONFORMING AMENDMENTS.—Title IV (42 of any State to which section 1108 applies, or the individual resides and a description of U.S.C. 681 et seq.) is amended— as defined in section 1905(b) in the case of the job placement and support services each (A) in section 403(l) (42 U.S.C. 603(l))— any other State) plus ten percentage points, such organization provides. Such organiza- (i) in paragraph (1)(A), by striking in the case of expenditures made by a State tions may be publicly or privately owned and ‘‘482(i)(2)’’ and inserting ‘‘482(j)(2)’’; and in operating such a program for in a fiscal operated. (ii) in paragraph (4)(A)(i), by inserting ‘‘a year.’’. ‘‘(B)(i) An individual determined to be eli- job placement voucher program,’’ after ‘‘on- (B) CONFORMING AMENDMENTS.—Section gible for assistance under part A shall, at the the-job training,’’; and 403(l) (42 U.S.C. 603(l)) is amended— time the individual becomes eligible for such (B) in section 431(a)(6) (42 U.S.C. (i) in paragraph (2)(A), by striking ‘‘para- assistance— 629a(a)(6))— graph (1)(A)’’ and inserting ‘‘paragraph (1)’’; ‘‘(I) receive the list and description de- (i) by striking ‘‘482(i)(5)’’ and inserting and scribed in subparagraph (A); ‘‘482(j)(5)’’; and (ii) in paragraph (3)(C), by striking ‘‘para- ‘‘(II) agree, in exchange for job placement (ii) by striking ‘‘482(i)(7)(A)’’ and inserting graph (1)(A)’’ and inserting ‘‘paragraph (1)’’. and support services, to— ‘‘482(j)(7)(A)’’. (b) FUNDING FOR CHILD CARE.— ‘‘(aa) execute, within a period of time per- (3) EFFECTIVE DATE.—The amendments (1) FUNDING FOR JOBS AND TRANSITIONAL mitted by the State, a contract with a State- made by paragraphs (1) and (2) shall be effec- CHILD CARE.— approved job placement organization which tive with respect to calendar quarters begin- (A) IN GENERAL.—Section 402(g)(3)(A) (42 provides that the organization shall attempt ning with the second calendar quarter begin- U.S.C. 602(g)(3)(A)) is amended to read as fol- to find employment for the individual; and ning after the date of the enactment of this lows: ‘‘(bb) comply with the terms of the con- Act. ‘‘(3)(A) In the case of amounts expended for tract; and (e) ELIMINATION OF REQUIREMENT TO PRO- child care pursuant to clause (i) or (ii) of ‘‘(III) receive a job placement voucher (in VIDE EDUCATIONAL ACTIVITIES TO INDIVIDUALS paragraph (1)(A), the applicable rate for pur- an amount to be determined by the State) AGE 20 OR OLDER; PERMITTING STATES TO poses of section 403(a) shall be the greater for payment to a State-approved job place- PROVIDE EMPLOYMENT SERVICES FOR NON- of— ment organization. CUSTODIAL PARENTS.—Section 482(d) (42 ‘‘(i) 70 percent; or ‘‘(ii) The State shall impose the sanctions U.S.C. 682(d)) is amended— ‘‘(ii) the Federal medical assistance per- provided for in section 402(a)(19)(G) on any (1) by striking paragraph (2); centage (as defined in section 1118 in the case individual who does not fulfill the terms of a (2) by redesignating paragraph (3) as para- of any State to which section 1108 applies, or contract executed with a State-approved job graph (2); and as defined in section 1905(b) in the case of placement organization. (3) in paragraph (2), as so redesignated— any other State) plus ten percentage ‘‘(C) At the time an individual executes a (A) by striking ‘‘up to 5’’; and points.’’. contract with a State-approved job place- (B) by striking the second sentence. (B) EXTENSION OF THE TRANSITIONAL CHILD ment organization, the individual shall pro- (f) INCREASE IN PERIOD IN WHICH EARNED IN- CARE PROGRAM.—Section 304(b) of the Family vide the organization with the job placement COME DISREGARD MAY APPLY UNDER WORK Support Act of 1988 (42 U.S.C. 602 note) is voucher that the individual received pursu- SUPPLEMENTATION PROGRAM.—Section 482(e) amended— ant to subparagraph (B). (42 U.S.C. 682(e)) is amended in paragraphs (i) by striking ‘‘(1)’’; and ‘‘(D)(i) A State-approved job placement or- (2)(G) and (4), by striking ‘‘9 months’’ and in- (ii) by striking paragraph (2). ganization may redeem for payment from serting ‘‘12 months’’. (2) FUNDING FOR AT-RISK CHILD CARE.—Sec- the State not more than 25 percent of the (g) STATE FLEXIBILITY FOR THE JOB SEARCH tion 403(n)(1)(A) (42 U.S.C. 603(n)(1)(A)) is value of a job placement voucher upon the PROGRAM.—Section 482(g) (42 U.S.C. 682(g)) is amended to read as follows: initial receipt of the voucher for payment of amended— ‘‘(A) 70 percent, or, if higher, the Federal costs incurred in finding and placing an indi- (1) in paragraph (2)— medical assistance percentage (as defined in vidual in an employment position. The re- (A) by inserting ‘‘, and subject to para- section 1118 in the case of any State to which maining value of such voucher shall not be graph (3),’’ after ‘‘section 402(a)(19)(B)(i)’’; section 1108 applies, or as defined in section redeemed for payment from the State until and 1905(b) in the case of any other State) plus the State-approved job placement organiza- (B) by striking ‘‘applies)—’’ and all that ten percentage points, of the expenditures by tion— follows through the period at the end and in- the State in providing child care services ‘‘(I) finds an employment position (as de- serting ‘‘applies) at such time or times as pursuant to section 402(i), and in administer- termined by the State) for the individual the State agency may determine.’’; and ing the provision of such child care services, who provided the voucher; and (2) in paragraph (3), by inserting ‘‘, not in- for any fiscal year; and’’. ‘‘(II) certifies to the State that the individ- cluding any period of job search that oc- (c) EFFECTIVE DATES.— ual remains employed with the employer curred at the same time that the individual (1) IN GENERAL.—Except as provided in that the organization originally placed the was participating in another activity under paragraph (2), the amendments made by this individual with for the greater of— this part’’ after ‘‘12 months’’. section shall take effect on the date of the ‘‘(aa) 6 continuous months; or SEC. 103. FUNDING FOR THE JOBS PROGRAM AND enactment of this Act. ‘‘(bb) a period determined by the State. CHILD CARE. (2) APPLICABLE PERCENTAGES.—The amend- ‘‘(ii) A State may modify, on a case-by- (a) FUNDING FOR THE JOBS PROGRAM.— ments made by subsections (a)(2) and (b) case basis, the requirement of clause (i)(II) (1) INCREASE IN FUNDING.—Section 403(k)(3) shall take effect on October 1, 1996. under such terms and conditions as the State (42 U.S.C. 603(k)(3)) is amended— SEC. 104. EVALUATION OF THE JOBS PROGRAM. deems appropriate. (A) in subparagraph (E), by striking ‘‘and’’; (a) EVALUATION OBJECTIVES AND DEVELOP- ‘‘(E)(i) The State shall establish perform- and MENT.— ance-based standards to evaluate the success (B) by striking subparagraph (F) and in- (1) OBJECTIVES.—The Secretary shall de- of the State job placement voucher program serting the following: velop and implement a plan for evaluating September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12845 the programs operated by the States under SEC. 202. PARTICIPATION IN EDUCATIONAL AC- ‘‘(D) shall provide monetary incentives for part F of title IV of the Social Security Act TIVITY. more than minimally acceptable perform- (42 U.S.C. 681 et seq.). Such plan shall be de- (a) IN GENERAL.—Section 402(a)(19)(E) (42 ance of required educational activities; and signed to develop information to— U.S.C. 602(a)(19)(E)) is amended to read as ‘‘(E) shall provide penalties which may be (A) assess the impacts of such programs follows: those required by subsection (a)(19)(G) or, with respect to— ‘‘(E) that the State agency shall— with the approval of the Secretary, other (i) cost effectiveness; ‘‘(i) in the case of a custodial parent who monetary penalties that the State finds will (ii) the level of earnings achieved; has not attained 20 years of age, has not suc- better achieve the objectives of the program. (iii) welfare receipt; cessfully completed a high school education ‘‘(3) When a monetary incentive is payable (iv) job retention; (or its equivalent), and is required to partici- because of the more than minimally accept- (v) the effects on children; and pate in the program (including an individual able performance of required educational ac- (vi) such other factors as the Secretary who would otherwise be exempt from partici- tivities by a custodial parent, the incentive may determine; pation in the program solely by reason of shall be paid directly to such parent, regard- (B) provide guidance to the Secretary in subparagraph (C)(iii)), require such parent less of whether the State agency makes pay- making any necessary changes and improve- to— ment of aid under the State plan directly to ments in the performance standards required ‘‘(I) attend school, such parent. by section 487 of such Act (42 U.S.C. 687); and ‘‘(II) participate in a program that com- ‘‘(4)(A) For purposes of this part, monetary (C) enable the Secretary to provide tech- bines classroom and job training, or incentives paid under this subsection shall nical assistance to the States to assist them ‘‘(III) work toward attainment of a high be considered aid to families with dependent in improving such programs and in meeting school education (or its equivalent); children. such standards. ‘‘(ii) in the case of custodial parent who ‘‘(B) For purposes of any other Federal or (2) DEVELOPMENT OF PLAN.—The plan de- has not attained 20 years of age, but has suc- federally assisted program based on need, no scribed in paragraph (1) shall be developed by cessfully completed a high school education monetary incentive paid under this sub- the Secretary in consultation with rep- (or its equivalent), and is required to partici- section shall be considered income in deter- resentatives of the States. pate in the program (including an individual mining a family’s eligibility for or amount who would otherwise be exempt from partici- (b) DEFINITIONS.—For purposes of this sec- of benefits under such program, and if aid is pation in the program solely by reason of tion: reduced by reason of a penalty under this subparagraph (C)(iii)), require such parent to (1) SECRETARY.—The term ‘‘Secretary’’ subsection, such other program shall treat participate in a JOBS activity (including a means the Secretary of Health and Human the family involved as if no such penalty has work activity) approved by the State; Services. been applied. ‘‘(iii) establish criteria in accordance with (2) STATE.—The term ‘‘State’’ means any of ‘‘(5) The State agency shall from time to the 50 States, the District of Columbia, the regulations of the Secretary under which a custodial parent described in clauses (i) and time provide such information as the Sec- Commonwealth of Puerto Rico, the Virgin retary may request, and otherwise cooperate Islands, Guam, and American Samoa. (ii) who has not attained 20 years of age may be exempted from the requirements under with the Secretary, in order to permit eval- (c) AUTHORIZATION OF APPROPRIATIONS.— such clause but the number of such parents uation of the effectiveness on a broad basis There are authorized to be appropriated such exempted from such requirements shall not of the State’s program conducted under this sums as may be necessary for fiscal years exceed 50 percent in fiscal year 2000 or any subsection.’’. 1996 through 2000 for the purpose of carrying fiscal year thereafter; and (c) EFFECTIVE DATE.—The amendments out the provisions of this section. Any sums ‘‘(iv) at the option of the State, some or all made by this section shall be effective with so appropriated shall remain available until custodial parents who are under age 20 (and respect to calendar quarters beginning on or expended. pregnant women under age 20) who are re- after October 1, 1996. TITLE II—AID TO FAMILIES WITH ceiving aid under this part will be required SEC. 203. LIVING ARRANGEMENT REQUIRE- MENTS. DEPENDENT CHILDREN to participate in a program of monetary in- centives and penalties, consistent with sub- (a) IN GENERAL.—Section 402(a)(43) (42 Subtitle A—Requirements for Teenage section (j);’’. U.S.C. 602(a)(43)) is amended— Parents (b) STATE OPTION TO PROVIDE ADDITIONAL (1) in the matter preceding subparagraph INCENTIVES AND PENALTIES TO ENCOURAGE (A), by striking ‘‘at the option of the SEC. 201. CASE MANAGEMENT FOR PARENTS EENAGE ARENTS O OMPLETE IGH UNDER AGE 20. T P T C H State,’’, SCHOOL—Section 402 (42 U.S.C. 602) is amend- (2) in subparagraph (A), by redesignating (a) IN GENERAL.—Section 482(b) (42 U.S.C. ed by adding at the end the following new clauses (i) and (ii) as subclauses (I) and (II), 682(b)) is amended by adding at the end the subsection: respectively, following new paragraph: ‘‘(j)(1) If a State chooses to conduct a pro- (3) by striking ‘‘(A) subject to subpara- ‘‘(4) CASE MANAGER.—The State agency gram of monetary incentives and penalties graph (B),’’ and inserting ‘‘(A)(i) subject to shall— to encourage custodial parents (and pregnant clause (ii),’’, ‘‘(A) assign a case manager to each custo- women) who are under age 20 to complete (4) in subclause (II) of subparagraph (A)(i), dial parent receiving aid under part A who is their high school (or equivalent) education, as redesignated— under age 20; and participate in parenting activities, the (A) by striking ‘‘(where possible)’’, and ‘‘(B) provide that case managers will have State shall amend its State plan— (B) by striking ‘‘or other adult relative’’ the training necessary (taking into consider- ‘‘(A) to specify the one or more political and inserting ‘‘other adult relative, or other ation the recommendations of appropriate subdivisions in which the State will conduct adult supervising the living arrangement’’, professional organizations) to enable them to the program (or other clearly defined geo- and carry out their responsibilities and will be graphic area or areas), and (5) by striking subparagraph (B) and insert- assigned a caseload the size of which permits ‘‘(B) to describe its program in detail. ing the following: effective case management; and ‘‘(2) A program under this subsection— ‘‘(ii) clause (i) does not apply in any case in ‘‘(C) provide that the case manager will be ‘‘(A) may, at the option of the State, in- which the State agency— responsible for— clude all such parents who are under age 21; ‘‘(I) determines that the physical or emo- ‘‘(i) assisting such parent in obtaining ap- ‘‘(B) may, at the option of the State, re- tional health or safety of such individual or propriate services, including at a minimum, quire full-time participation in secondary such dependent child would be jeopardized if parenting education, family planning serv- school or equivalent educational activities, such individual and such dependent child ices, education and vocational training, and or participation in a course or program lead- lived in the same residence with such indi- child care and transportation services, ing to a skills certificate found appropriate vidual’s own parent or legal guardian; or ‘‘(ii) making the determinations required by the State agency or parenting education ‘‘(II) otherwise determines in accordance to implement the provision of section activities (or any combination of such ac- with regulations issued by the Secretary 402(a)(43), tivities and secondary education); that there is good cause for waiving such ‘‘(iii) monitoring such parent’s compliance ‘‘(C) shall require that the case manager clause; and with all program requirements, and, where assigned to the custodial parent pursuant to ‘‘(B) if an individual is not residing in an appropriate, providing incentives and apply- paragraph (3) or (4) of section 482(b) will re- alternative adult-supervised living arrange- ing sanctions, and view the needs of such parent and will assure ment that is approved by the State agency, ‘‘(iv) providing general guidance, encour- that, either in the initial development or re- the State agency (in consultation with the agement, and support to assist such parent vision of the parent’s employability plan, child welfare agency) is required to assist in his or her role as a parent and in achiev- there will be included a description of the the individual in locating an appropriate liv- ing self-sufficiency.’’. services that will be provided to the parent ing arrangement;’’. (b) EFFECTIVE DATE.—The amendment and the way in which the case manager and (b) EFFECTIVE DATE.—The amendments made by this section shall be effective with service providers will coordinate with the made by this section shall be effective with respect to calendar quarters beginning on or educational or skills training activities in respect to calendar quarters beginning on or after October 1, 1996. which the custodial parent is participating; after October 1, 1997. S 12846 CONGRESSIONAL RECORD — SENATE September 7, 1995

Subtitle B—State Flexibility (b) ACTION ON APPLICATION.—The Board ‘‘(4) The authority provided by paragraphs PART I—ESTABLISHMENT OF shall establish a schedule for the consider- (1) and (2) of this subsection shall expire 5 INTERAGENCY WELFARE REVIEW BOARD ation of a waiver application submitted years after the date on which this subsection SEC. 211. INTERAGENCY WELFARE REVIEW under section 212, to assure that the State takes effect.’’. BOARD. will receive a final decision from the Sec- (b) EFFECTIVE DATE.—The amendment (a) ESTABLISHMENT AND PURPOSE.—In order retaries described in subsection (a) on the made by this section shall take effect on Oc- to facilitate the consideration of welfare pro- waiver application not later than 90 days tober 1, 1996. gram requirement waiver requests that in- after the date the completed application is SEC. 223. WAIVER AUTHORITY FOR THE JOBS volve more than 1 Federal department or received by the Board. PROGRAM. agency, there is established an Interagency SEC. 214. DEFINITION OF STATE. Section 1115(a) (42 U.S.C. 1315(a)) is amend- Welfare Review Board (hereafter in this part (a) IN GENERAL.—For purposes of this part, ed— referred to as the ‘‘Board’’). the term ‘‘State’’ means any of the 50 States, (1) in the matter preceding paragraph (1), (b) MEMBERSHIP.—The Board shall consist the District of Columbia, Puerto Rico, Amer- by striking ‘‘part A or D of title IV’’ and in- of the following members: ican Samoa, Guam, and the Virgin Islands. serting ‘‘part A, D, or F of title IV’’; (1) The Secretary of Agriculture (or the (b) INDIAN TRIBES.—In the case of an eligi- (2) in paragraph (1), by inserting ‘‘482,’’ designee of the Secretary). ble Federal low-income assistance program after ‘‘454,’’; and (2) The Secretary of Health and Human under which aid or assistance is provided (3) in paragraph (2), by inserting ‘‘402(g),’’ Services (or the designee of the Secretary). with respect to an Indian tribe, the Indian after ‘‘section 3,’’. (3) The Secretary of Housing and Urban tribal organization is deemed to be a State TITLE III—CHILD SUPPORT Development (or the designee of the Sec- for purposes of this part. ENFORCEMENT retary). PART II—ADDITIONAL PROVISIONS (4) The Secretary of Labor (or the designee SEC. 300. SHORT TITLE. CONCERNING WAIVERS of the Secretary). This title may be cited as the ‘‘Interstate (5) The Secretary of Education (or the des- SEC. 221. SCHEDULE FOR CONSIDERATION OF Child Support Responsibility Act of 1995’’. ignee of the Secretary). WAIVER APPLICATIONS. Subtitle A—Improvements to the Child (6) Such other individuals as the President Section 1115 (42 U.S.C. 1315) is amended— Support Collection System (1) by redesignating paragraphs (1) and (2) determines appropriate. PART I—ELIGIBILITY AND OTHER MAT- (c) CHAIRPERSON.—The President shall ap- as subparagraphs (A) and (B), respectively; (2) by striking ‘‘(a) In’’ and inserting TERS CONCERNING TITLE IV–D PRO- point 1 member of the Board to serve as GRAM CLIENTS Chairperson of the Board. ‘‘(a)(1) In’’; and (d) VACANCIES.—A vacancy in the position (3) by adding at the end the following new SEC. 301. COOPERATION REQUIREMENT AND of Chairperson shall be filled in the manner paragraph: GOOD CAUSE EXCEPTION. in which the original appointment was made. ‘‘(2) Not later than 90 days after the date a (a) CHILD SUPPORT ENFORCEMENT REQUIRE- (e) NO ADDITIONAL COMPENSATION.—The completed application from a State for a MENTS.—Section 454 is amended— members of the Board may not be provided waiver under paragraph (1) is received by the (1) by striking ‘‘and’’ at the end of para- additional pay, allowances, or benefits by Secretary, the Secretary shall approve or graph (23); reason of their service on the Board. disapprove such application. In considering (2) by striking the period at the end of (f) POWERS.— an application for a waiver, there shall be a paragraph (24) and inserting ‘‘; and’’; and (1) ASSISTANCE OF OTHER FEDERAL ENTI- presumption for approval in the case of a re- (3) by adding after paragraph (24) the fol- TIES.—A member of the Board shall detail to quest for a waiver that is similar in sub- lowing new paragraph: the Chairperson, on a nonreimbursable basis, stance and scale to one that the Secretary ‘‘(25) provide that the State agency admin- such officers and employees of the depart- has previously approved.’’. istering the plan under this part— ment or agency headed by the member, and SEC. 222. STATE AUTHORITY TO ESTABLISH CER- ‘‘(A) will make the determination specified shall make available to the Chairperson such TAIN AFDC RULES. under paragraph (4), as to whether an indi- assistance as the Chairperson may require to (a) IN GENERAL.—Section 1115 (42 U.S.C. vidual is cooperating with efforts to estab- carry out the activities of the Board. 1315) is amended by adding at the end the fol- lish paternity and secure support (or has (2) USE OF UNITED STATES MAILS.—The lowing new subsection: good cause not to cooperate with such ef- Chairperson may use the United States mails ‘‘(e)(1) Any State having an approved plan forts) for purposes of the requirements of in the same manner and under the same con- under part A of title IV may, without receiv- sections 402(a)(26) and 1912; ditions as other departments and agencies of ing a waiver from the Secretary pursuant to ‘‘(B) will advise individuals, both orally the United States. this section or otherwise, establish any of and in writing, of the grounds for good cause (g) DUTIES.— the program changes described in paragraph exceptions to the requirement to cooperate (1) IN GENERAL.—The Board shall act as the (2) for purposes of providing aid or assistance with such efforts; central organization for coordinating the re- under part A of such title. ‘‘(C) will take the best interests of the view of applications submitted under section ‘‘(2) The program changes described in this child into consideration in making the deter- 212 by States for waivers from the require- paragraph are the following: mination whether such individual has good ments of eligible Federal low-income assist- ‘‘(A) Income and resource requirements cause not to cooperate with such efforts; ance programs that involve more than 1 de- other than those specified in section 402(a)(7) ‘‘(D)(i) will make the initial determination partment or agency of the Federal Govern- in order to test the effect of such require- as to whether an individual is cooperating ment. ments on an individual’s effort to obtain em- (or has good cause not to cooperate) with ef- (2) DUTY TO PROVIDE TECHNICAL ASSIST- ployment. forts to establish paternity within 10 days ANCE.—The Board shall provide assistance ‘‘(B) Requirements relating to the dis- after such individual is referred to such and technical advice to entities submitting regard of income other than those specified State agency by the State agency admin- applications under section 212 and imple- in section 402(a)(8). istering the program under part A of title menting an assistance plan under an applica- ‘‘(C) Standards for defining unemployment XIX; tion approved under section 213. other than those prescribed by the Secretary ‘‘(ii) will make redeterminations as to co- SEC. 212. WAIVER APPLICATION. pursuant to section 407(a). operation or good cause at appropriate inter- Any State that is receiving or is eligible to ‘‘(D) Rules for the eligibility for aid or as- vals; and receive funds or other assistance under eligi- sistance under part A of title IV of an unem- ‘‘(iii) will promptly notify the individual, ble Federal low-income assistance programs ployed parent without regard to section and the State agencies administering such involving more than 1 Federal department or 407(b)(1)(A)(iii). programs, of each such determination and agency and desires a waiver authorized by ‘‘(3)(A) The Secretary shall evaluate a suf- redetermination; law from the Federal requirements with re- ficient number of the program changes de- ‘‘(E) with respect to any child born on or spect to such programs may submit to the scribed in paragraph (2) which are estab- after the date 10 months after the date of the Board an application for such waiver. The lished by a State in order to determine the enactment of this provision— application shall be submitted in the form impact of such changes on the receipt of aid ‘‘(i) will not determine (or redetermine) and manner prescribed by the Board. to families with dependent children program the mother of such child to be cooperating SEC. 213. REVIEW AND APPROVAL OF APPLICA- under part A of title IV in such State, earn- with efforts to establish paternity unless the TIONS. ings achieved, costs to the Federal and State mother furnishes— (a) REVIEW OF APPLICATIONS.—The Board governments, and such other factors as the ‘‘(I) the name of the putative father (or fa- shall review a waiver application submitted Secretary may determine. thers); and under section 212 and issue an advisory opin- ‘‘(B) Any State chosen by the Secretary for ‘‘(II) sufficient additional information to ion with respect to such waiver application. an evaluation under subparagraph (A) shall enable the State agency, if reasonable efforts Final decisions with respect to the waiver cooperate with such evaluation. were made, to verify the identity of the per- application shall be made by the Secretaries ‘‘(C) There are authorized to be appro- son named as the putative father (including of the departments or agencies that have re- priated such sums as may be necessary for such information as the putative father’s sponsibility for administering the programs the purpose of conducting evaluations under present address, telephone number, date of with respect to which the waiver is sought. this paragraph. birth, past or present place of employment, September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12847 school previously or currently attended, and ‘‘(D) that (except as provided in subpara- ‘‘(i) if such agency has not, within 10 days names and addresses of parents, friends, or graph (E)) an applicant requiring paternity after such individual was referred to such relatives able to provide location informa- establishment services (other than an indi- agency, provided the notification required by tion, or other information that could enable vidual eligible for emergency assistance as section 454(25)(D)(iii), until such notification service of process on such person); and defined in section 406(e)) shall not be eligible is received); and ‘‘(ii) in the case of a caretaker who is not for any aid under this part until such appli- ‘‘(ii) if such individual appeals a deter- the mother and who is receiving payments cant— mination that the individual lacks good for the child under part A, will determine (or ‘‘(i) has furnished to the agency admin- cause for noncooperation, until after such redetermine) such caretaker to be reason- istering the State plan under part D the in- determination is affirmed after notice and ably cooperating with efforts to establish pa- formation specified in section 454(25)(E); or opportunity for a hearing.’’. ternity under regulations prescribed by the ‘‘(ii) has been determined by such agency (d) EFFECTIVE DATE.—The amendments Secretary; and to have good cause not to cooperate; made by this section shall be effective with ‘‘(F)(i) (where a custodial parent who was ‘‘(E) that the provisions of subparagraph respect to applications filed in or after the initially determined not to be cooperating (D) shall not apply— first calendar quarter beginning 10 months (or to have good cause not to cooperate) is ‘‘(i) if the State agency specified in such or more after the date of the enactment of later determined to be cooperating or to subparagraph has not, within 10 days after this Act (or such earlier quarter as the State have good cause not to cooperate) will imme- such individual was referred to such agency, may select) for aid under part A of title IV diately notify the State agencies administer- provided the notification required by section of the Social Security Act or for medical as- ing the programs under part A of title XIX 454(25)(D)(iii), until such notification is re- sistance under title XIX of such Act. that this eligibility condition has been met; ceived; and ‘‘(ii) if such individual appeals a deter- SEC. 302. STATE OBLIGATION TO PROVIDE PA- and TERNITY ESTABLISHMENT AND ‘‘(ii) (where a custodial parent was ini- mination that the individual lacks good CHILD SUPPORT ENFORCEMENT tially determined to be cooperating (or to cause for noncooperation, until after such SERVICES. determination is affirmed after notice and have good cause not to cooperate)) will not (a) STATE LAW REQUIREMENTS.—Section opportunity for a hearing; and’’; and later determine such individual not to be co- 466(a) (42 U.S.C. 666(a)) is amended by adding (H)(i) by relocating and redesignating as operating (or not to have good cause not to at the end the following new paragraph: subparagraph (F) the text at the end of sub- cooperate) until such individual has been af- ‘‘(12) Procedures under which— paragraph (A)(ii) beginning with ‘‘that, if the forded an opportunity for a hearing.’’. ‘‘(A) every child support order established relative’’ and all that follows through the or modified in the State on or after October (b) AFDC AMENDMENTS.— semicolon; 1, 1998, is recorded in the central case reg- (1) Section 402(a)(11) is amended by strik- (ii) in subparagraph (F), as so redesignated istry established in accordance with section ing ‘‘furnishing of’’ and inserting ‘‘applica- and relocated, by striking ‘‘subparagraphs 454A(e); and tion for’’. (A) and (B) of this paragraph’’ and inserting (2) Section 402(a)(26) is amended— ‘‘subparagraph (A)’’; and ‘‘(B) child support payments are collected (A) in each of subparagraphs (A) and (B), (iii) by striking ‘‘and’’ at the end of sub- through the centralized collections unit es- by redesignating clauses (i) and (ii) as paragraph (a)(ii). tablished in accordance with section 454B— subclauses (I) and (II); (c) MEDICAID AMENDMENTS.—Section 1912(a) ‘‘(i) on and after October 1, 1998, under each (B) by indenting and redesignating sub- is amended— order subject to wage withholding under sec- paragraphs (A), (B), and (C) as clauses (i), (1) in paragraph (1)(B), by inserting ‘‘(ex- tion 466(b); and (ii), and (iv), respectively; cept as provided in paragraph (2))’’ after ‘‘to ‘‘(ii) on and after October 1, 1999, under (C) in clause (ii), as redesignated— cooperate with the State’’; each other order required to be recorded in (i) by striking ‘‘is claimed, or in obtaining (2) in subparagraphs (B) and (C) of para- such central case registry under this para- any other payments or property due such ap- graph (1) by striking ‘‘, unless’’ and all that graph or section 454A(e)— plicant or such child,’’ and inserting ‘‘is follows and inserting a semicolon; and ‘‘(I) if requested by either party subject to claimed;’’; and (3) by redesignating paragraph (2) as para- such order, or (ii) by striking ‘‘unless’’ and all that fol- graph (5), and inserting after paragraph (1) ‘‘(II) at the option of the State, regardless lows through ‘‘aid is claimed; and’’; the following new paragraphs: of whether application is made for services (D) by adding after clause (ii) the following ‘‘(2) provide that the State agency will im- under this part.’’. new clause: mediately refer each applicant or recipient (b) STATE PLAN REQUIREMENTS.—Section ‘‘(iii) to cooperate with the State in ob- requiring paternity establishment services 454 (42 U.S.C. 654) is amended— taining any other payments or property due to the State agency administering the pro- (1) by striking paragraph (4) and inserting such applicant or such child; and’’; gram under part D of title IV; the following new paragraph: (E) in the matter preceding clause (i), as ‘‘(3) provide that an individual will not be ‘‘(4) provide that such State will undertake redesignated, to read as follows: required to cooperate with the State, as pro- to provide appropriate services under this ‘‘(26) provide— vided under paragraph (1), if the individual is part to— ‘‘(A) that, as a condition of eligibility for found to have good cause for refusing to co- ‘‘(A) each child with respect to whom an aid, each applicant or recipient will be re- operate, as determined in accordance with assignment is effective under section quired (subject to subparagraph (C))—’’; standards prescribed by the Secretary, which 402(a)(26), 471(a)(17), or 1912 (except in cases (F) in subparagraph (A)(iv), as redesig- standards shall take into consideration the in which the State agency determines, in ac- nated, by striking ‘‘, unless such individual’’ best interests of the individuals involved— cordance with paragraph (25), that it is and all that follows through ‘‘individuals in- ‘‘(A) to the satisfaction of the State agen- against the best interests of the child to do volved’’; cy administering the program under part D, so); and (G) by adding at the end the following new as determined in accordance with section ‘‘(B) each child not described in subpara- subparagraphs: 454(25), with respect to the requirements to graph (A)— ‘‘(B) that the State agency will imme- cooperate with efforts to establish paternity ‘‘(i) with respect to whom an individual ap- diately refer each applicant requiring pater- and to obtain support (including medical plies for such services; or nity establishment services to the State support) from a parent; and ‘‘(ii) on and after October 1, 1998, with re- agency administering the program under ‘‘(B) to the satisfaction of the State agency spect to whom a support order is recorded in part D; administering the program under this title, the central State case registry established ‘‘(C) that an individual will not be required with respect to other requirements to co- under section 454A, if application is made for to cooperate with the State, as provided operate under paragraph (1); services under this part;’’; and under subparagraph (A), if the individual is ‘‘(4) provide that (except as provided in (2) in paragraph (6)— found to have good cause for refusing to co- paragraph (5)) an applicant requiring pater- (A) by striking ‘‘(6) provide that’’ and all operate, as determined in accordance with nity establishment services (other than an that follows through subparagraph (A) and standards prescribed by the Secretary, which individual eligible for emergency assistance inserting the following: standards shall take into consideration the as defined in section 406(e), or presumptively ‘‘(6) provide that— best interests of the child on whose behalf eligible pursuant to section 1920) shall not be ‘‘(A) services under the State plan shall be aid is claimed— eligible for medical assistance under this made available to nonresidents on the same ‘‘(i) to the satisfaction of the State agency title until such applicant— terms as to residents;’’; administering the program under part D, as ‘‘(i) has furnished to the agency admin- (B) in subparagraph (B)— determined in accordance with section istering the State plan under part D of title (i) by inserting ‘‘on individuals not receiv- 454(25), with respect to the requirements IV the information specified in section ing assistance under part A’’ after ‘‘such under clauses (i) and (ii) of subparagraph (A); 454(25)(E); or services shall be imposed’’; and and ‘‘(ii) has been determined by such agency (ii) by inserting ‘‘but no fees or costs shall ‘‘(ii) to the satisfaction of the State agency to have good cause not to cooperate; and be imposed on any absent or custodial parent administering the program under this part, ‘‘(5) provide that the provisions of para- or other individual for inclusion in the with respect to the requirements under graph (4) shall not apply with respect to an central State registry maintained pursuant clauses (iii) and (iv) of subparagraph (A); applicant— to section 454A(e)’’; and S 12848 CONGRESSIONAL RECORD — SENATE September 7, 1995

(C) in each of subparagraphs (B), (C), (D), State electing the option under this sub- ‘‘(d) DISTRIBUTIONS IN CASE OF A CHILD RE- and (E), by indenting such subparagraph and section, amounts collected as described in CEIVING ASSISTANCE UNDER TITLE IV–E.— aligning its left margin with the left margin subsection (a) shall be distributed as follows: Amounts’’. of subparagraph (A); and ‘‘(1) an amount equal to the amount that (e) REGULATIONS.—The Secretary of Health (D) in each of subparagraphs (B), (C), and will be disregarded pursuant to section and Human Services shall promulgate regu- (D), by striking the final comma and insert- 402(a)(8)(A)(vi) shall be taken from each of— lations— ing a semicolon. ‘‘(A) the amounts received in a month (1) under part D of title IV of the Social (c) CONFORMING AMENDMENTS.— which represent payments for that month; Security Act, establishing a uniform nation- (1) PATERNITY ESTABLISHMENT PERCENT- and wide standard for allocation of child support AGE.—Section 452(g)(2)(A) (42 U.S.C. ‘‘(B) the amounts received in a month collections from an obligor owing support to 652(g)(2)(A)) is amended by striking ‘‘454(6)’’ which represent payments for a prior month more than 1 family; and each place it appears and inserting which were made by the absent parent in (2) under part A of such title, establishing ‘‘454(4)(A)(ii)’’. that prior month; standards applicable to States electing the (2) STATE PLAN.—Section 454(23) (42 U.S.C. and shall be paid to the family without af- alternative formula under section 457(b) of 654(23)) is amended, effective October 1, 1998, fecting its eligibility for assistance or de- such Act for distribution of collections on by striking ‘‘information as to any applica- creasing any amount otherwise payable as behalf of families receiving Aid to Families tion fees for such services and’’. assistance to such family during such with Dependent Children, designed to mini- (3) PROCEDURES TO IMPROVE ENFORCE- month; mize irregular monthly payments to such MENT.—Section 466(a)(3)(B) (42 U.S.C. ‘‘(2) second, from any remainder, amounts families. 666(a)(3)(B)) is amended by striking ‘‘in the equal to the balance of support owed for the (f) CLERICAL AMENDMENTS.—Section 454 (42 case of overdue support which a State has current month shall be paid to the family; U.S.C. 654) is amended— agreed to collect under section 454(6)’’ and ‘‘(3) third, from any remainder, amounts (1) in paragraph (11)— inserting ‘‘in any other case’’. equal to arrearages of such support obliga- (A) by striking ‘‘(11)’’ and inserting (4) DEFINITION OF OVERDUE SUPPORT.—Sec- tions assigned, pursuant to part A, to the ‘‘(11)(A)’’; and tion 466(e) (42 U.S.C. 666(e)) is amended by State making the collection shall be re- (B) by inserting after the semicolon ‘‘and’’; striking ‘‘or (6)’’. tained and used by such State to pay any and SEC. 303. DISTRIBUTION OF PAYMENTS. such arrearages (with appropriate reimburse- (2) by redesignating paragraph (12) as sub- (a) DISTRIBUTIONS THROUGH STATE CHILD ment of the Federal Government to the ex- paragraph (B) of paragraph (11). SUPPORT ENFORCEMENT AGENCY TO FORMER tent of its participation in the financing); SEC. 304. RIGHTS TO NOTIFICATION AND HEAR- ASSISTANCE RECIPIENTS.—Section 454(5) (42 ‘‘(4) fourth, from any remainder, amounts INGS. U.S.C. 654(5)) is amended— equal to arrearages of such support obliga- (a) IN GENERAL.—Section 454 (42 U.S.C. 654), (1) in subparagraph (A)— tions assigned, pursuant to part A, to any as amended by section 302(f), is amended by (A) by inserting ‘‘except as otherwise spe- other State or States shall be paid to such inserting after paragraph (11) the following cifically provided in section 464 or 466(a)(3),’’ other State or States and used to pay any new paragraph: after ‘‘is effective,’’; and such arrearages (with appropriate reimburse- ‘‘(12) establish procedures to provide that— (B) by striking ‘‘except that’’ and all that ment of the Federal Government to the ex- ‘‘(A) individuals who are applying for or re- follows through the semicolon; and tent of its participation in the financing); ceiving services under this part— (2) in subparagraph (B), by striking ‘‘, ex- and ‘‘(i) receive notice of all proceedings in cept’’ and all that follows through ‘‘medical ‘‘(5) fifth, any remainder shall be paid to which support obligations might be estab- assistance’’. the family.’’. lished or modified; and (b) DISTRIBUTION TO A FAMILY CURRENTLY (c) DISTRIBUTION TO A FAMILY NOT RECEIV- ‘‘(ii) receive a copy of any order establish- RECEIVING AFDC.—Section 457 (42 U.S.C. 657) ING AFDC.— ing or modifying a child support obligation, is amended— (1) IN GENERAL.—Section 457(c) (42 U.S.C. or (in the case of a petition for modification) (1) by striking subsection (a) and redesig- 657(c)) is amended to read as follows: a notice of determination that there should nating subsection (b) as subsection (a); ‘‘(c) DISTRIBUTIONS IN CASE OF FAMILY NOT be no change in the amount of the child sup- (2) in subsection (a), as redesignated— RECEIVING AFDC.—Amounts collected by a port award, within 14 days after issuance of (A) in the matter preceding paragraph (2), State agency under this part during any such order or determination; to read as follows: month as support of a child who is not re- ‘‘(B) individuals applying for or receiving ‘‘(a) IN THE CASE OF A FAMILY RECEIVING ceiving assistance under part A (or of a par- services under this part have access to a fair AFDC.—Amounts collected under this part ent or caretaker relative of such a child) hearing or other formal complaint procedure during any month as support of a child who shall (subject to the remaining provisions of that meets standards established by the Sec- is receiving assistance under part A (or a this section) be distributed as follows: retary and ensures prompt consideration and parent or caretaker relative of such a child) ‘‘(1) first, amounts equal to the total of resolution of complaints (but the resort to shall (except in the case of a State exercising such support owed for such month shall be such procedure shall not stay the enforce- the option under subsection (b)) be distrib- paid to the family; ment of any support order); and uted as follows: ‘‘(2) second, from any remainder, amounts ‘‘(C) the State may not provide to any ‘‘(1) an amount equal to the amount that equal to arrearages of such support obliga- noncustodial parent of a child representation will be disregarded pursuant to section tions for months during which such child did relating to the establishment or modifica- 402(a)(8)(A)(vi) shall be taken from each of— not receive assistance under part A shall be tion of an order for the payment of child sup- ‘‘(A) the amounts received in a month paid to the family; port with respect to that child, unless the which represent payments for that month; ‘‘(3) third, from any remainder, amounts State makes provision for such representa- and equal to arrearages of such support obliga- tion outside the State agency;’’. ‘‘(B) the amounts received in a month tions assigned to the State making the col- (b) EFFECTIVE DATE.—The amendment which represent payments for a prior month lection pursuant to part A shall be retained made by subsection (a) shall become effec- which were made by the absent parent in and used by such State to pay any such ar- tive on October 1, 1997. that prior month; rearages (with appropriate reimbursement of SEC. 305. PRIVACY SAFEGUARDS. and shall be paid to the family without af- the Federal Government to the extent of its (a) STATE PLAN REQUIREMENT.—Section 454 fecting its eligibility for assistance or de- participation in the financing); and (42 U.S.C. 454), as amended by section 301(a), creasing any amount otherwise payable as ‘‘(4) fourth, from any remainder, amounts is amended— assistance to such family during such equal to arrearages of such support obliga- (1) by striking ‘‘and’’ at the end of para- month;’’; tions assigned to any other State pursuant graph (24); (B) in paragraph (4), by striking ‘‘or (B)’’ to part A shall be paid to such other State or (2) by striking the period at the end of and all that follows through the period and States, and used to pay such arrearages, in paragraph (25) and inserting ‘‘; and’’; and inserting ‘‘; then (B) from any remainder, the order in which such arrearages accrued (3) by adding after paragraph (25) the fol- amounts equal to arrearages of such support (with appropriate reimbursement of the Fed- lowing: obligations assigned, pursuant to part A, to eral Government to the extent of its partici- ‘‘(26) provide that the State will have in ef- any other State or States shall be paid to pation in the financing).’’. fect safeguards applicable to all sensitive such other State or States and used to pay (2) EFFECTIVE DATE.—The amendment and confidential information handled by the any such arrearages (with appropriate reim- made by paragraph (1) shall become effective State agency designed to protect the privacy bursement of the Federal Government to the on October 1, 1999. rights of the parties, including— extent of its participation in the financing); (d) DISTRIBUTION TO A CHILD RECEIVING AS- ‘‘(A) safeguards against unauthorized use and then (C) any remainder shall be paid to SISTANCE UNDER TITLE IV–E.—Section 457(d) or disclosure of information relating to pro- the family.’’; and (42 U.S.C. 657(d)) is amended, in the matter ceedings or actions to establish paternity, or (3) by inserting after subsection (a), as re- preceding paragraph (1), by striking ‘‘Not- to establish or enforce support; designated, the following new subsection: withstanding the preceding provisions of this ‘‘(B) prohibitions on the release of informa- ‘‘(b) ALTERNATIVE DISTRIBUTION IN CASE OF section, amounts’’ and inserting the follow- tion on the whereabouts of 1 party to an- FAMILY RECEIVING AFDC.—In the case of a ing: other party against whom a protective order September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12849

with respect to the former party has been en- mates of the cost of this section as of June (d) CALCULATION OF IV–D PATERNITY ES- tered; and 1995, unless the aggregate performance of all TABLISHMENT PERCENTAGE.— ‘‘(C) prohibitions on the release of informa- States exceeds the projected aggregate per- (1) OVERALL PERFORMANCE.—Section tion on the whereabouts of 1 party to an- formance of all States in such cost esti- 452(g)(1) (42 U.S.C. 652(g)(1)) is amended in other party if the State has reason to believe mates. the matter preceding subparagraph (A) by in- that the release of the information may re- ‘‘(3) DETERMINATION OF INCENTIVE ADJUST- serting ‘‘its overall performance in child sup- sult in physical or emotional harm to the MENT.—The Secretary shall determine the port enforcement is satisfactory (as defined former party.’’. amount (if any) of incentive adjustment due in section 458(b) and regulations of the Sec- (b) EFFECTIVE DATE.—The amendment each State on the basis of the data submit- retary), and’’ after ‘‘1994,’’. made by subsection (a) shall become effec- ted by the State pursuant to section (2) DEFINITION.—Section 452(g)(2)(A) (42 tive on October 1, 1997. 454(15)(B) concerning the levels of accom- U.S.C. 652(g)(2)(A)) is amended, in the matter PART II—PROGRAM ADMINISTRATION plishment (and rates of improvement) with preceding clause (i)— respect to performance indicators specified AND FUNDING (A) by striking ‘‘paternity establishment by the Secretary pursuant to this section. percentage’’ and inserting ‘‘IV–D paternity SEC. 311. FEDERAL MATCHING PAYMENTS. ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD- establishment percentage’’; and (a) INCREASED BASE MATCHING RATE.—Sec- JUSTMENT.—The total percentage point in- (B) by striking ‘‘(or all States, as the case tion 455(a)(2) (42 U.S.C. 655(a)(2)) is amended crease determined pursuant to this section may be)’’. to read as follows: with respect to a State program in a fiscal (3) MODIFICATION OF REQUIREMENTS.—Sec- ‘‘(2) The applicable percent for a quarter year shall apply as an adjustment to the ap- tion 452(g)(3) (42 U.S.C. 652(g)(3)) is amend- for purposes of paragraph (1)(A) is— plicable percent under section 455(a)(2) for ed— ‘‘(A) for fiscal years 1997 and 1998, 66 per- payments to such State for the succeeding (A) by striking subparagraph (A) and redes- cent, and fiscal year. ignating subparagraphs (B) and (C) as sub- ‘‘(B) for fiscal year 1999 and succeeding fis- ‘‘(5) RECYCLING OF INCENTIVE ADJUST- paragraphs (A) and (B), respectively; cal years, 75 percent.’’. MENT.—A State shall expend in the State (B) in subparagraph (A), as redesignated, (b) MAINTENANCE OF EFFORT.—Section 455 program under this part all funds paid to the by striking ‘‘the percentage of children born (42 U.S.C. 655) is amended— State by the Federal Government as a result out-of-wedlock in the State’’ and inserting (1) in subsection (a)(1), in the matter pre- of an incentive adjustment under this sec- ‘‘the percentage of children in the State who ceding subparagraph (A), by striking ‘‘From’’ tion. are born out of wedlock or for whom support ‘‘(b) MEANING OF TERMS.— and inserting ‘‘Subject to subsection (c), has not been established’’; and ‘‘(1) STATEWIDE PATERNITY ESTABLISHMENT from’’; and (C) in subparagraph (B), as redesignated— PERCENTAGE.— (2) by inserting after subsection (b) the fol- (i) by inserting ‘‘and overall performance ‘‘(A) IN GENERAL.—For purposes of this sec- lowing new subsection: in child support enforcement’’ after ‘‘pater- tion, the term ‘Statewide paternity estab- ‘‘(c) Notwithstanding the provisions of sub- nity establishment percentages’’; and lishment percentage’ means, with respect to section (a), total expenditures for the State (ii) by inserting ‘‘and securing support’’ be- a fiscal year, the ratio (expressed as a per- program under this part for fiscal year 1997 fore the period. and each succeeding fiscal year (excluding 1- centage) of— (e) REDUCTION OF PAYMENTS UNDER PART D time capital expenditures for automation), ‘‘(i) the total number of out-of-wedlock OF TITLE IV.— reduced by the percentage specified for such children in the State under 1 year of age for (1) NEW REQUIREMENTS.—Section 455 (42 whom paternity is established or acknowl- fiscal year under subsection (a)(2) shall not U.S.C. 655) is amended— be less than such total expenditures for fis- edged during the fiscal year, to ‘‘(ii) the total number of children requiring (A) by redesignating subsection (e) as sub- cal year 1996, reduced by 66 percent.’’. section (f); and SEC. 312. PERFORMANCE-BASED INCENTIVES paternity establishment born in the State during such fiscal year. (B) by inserting after subsection (d) the AND PENALTIES. following new subsection: ‘‘(B) ALTERNATIVE MEASUREMENT.—The (a) INCENTIVE ADJUSTMENTS TO FEDERAL Secretary shall develop an alternate method ‘‘(e)(1) Notwithstanding any other provi- MATCHING RATE.—Section 458 (42 U.S.C. 658) sion of law, if the Secretary finds, with re- is amended to read as follows: of measurement for the Statewide paternity establishment percentage for any State that spect to a State program under this part in ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE does not record the out-of-wedlock status of a fiscal year beginning on or after October 1, ‘‘SEC. 458. (a) INCENTIVE ADJUSTMENT.— children on birth certificates. 1997— ‘‘(1) IN GENERAL.—In order to encourage ‘‘(2) OVERALL PERFORMANCE IN CHILD SUP- ‘‘(A)(i) on the basis of data submitted by a and reward State child support enforcement PORT ENFORCEMENT.—The term ‘overall per- State pursuant to section 454(15)(B), that the programs which perform in an effective man- formance in child support enforcement’ State program in such fiscal year failed to ner, the Federal matching rate for payments means a measure or measures of the effec- achieve the IV–D paternity establishment to a State under section 455(a)(1)(A), for each tiveness of the State agency in a fiscal year percentage (as defined in section 452(g)(2)(A)) fiscal year beginning on or after October 1, which takes into account factors including— or the appropriate level of overall perform- 1998, shall be increased by a factor reflecting ‘‘(A) the percentage of cases requiring a ance in child support enforcement (as de- the sum of the applicable incentive adjust- child support order in which such an order fined in section 458(b)(2)), or to meet other ments (if any) determined in accordance was established; performance measures that may be estab- with regulations under this section with re- ‘‘(B) the percentage of cases in which child lished by the Secretary, or spect to Statewide paternity establishment support is being paid; ‘‘(ii) on the basis of an audit or audits of and to overall performance in child support ‘‘(C) the ratio of child support collected to such State data conducted pursuant to sec- enforcement. child support due; and tion 452(a)(4)(C), that the State data submit- ‘‘(2) STANDARDS.— ‘‘(D) the cost-effectiveness of the State ted pursuant to section 454(15)(B) is incom- ‘‘(A) IN GENERAL.—The Secretary shall program, as determined in accordance with plete or unreliable; and specify in regulations— standards established by the Secretary in ‘‘(B) that, with respect to the succeeding ‘‘(i) the levels of accomplishment, and regulations.’’. fiscal year— rates of improvement as alternatives to such (b) ADJUSTMENT OF PAYMENTS UNDER PART ‘‘(i) the State failed to take sufficient cor- levels, which States must attain to qualify D OF TITLE IV.—Section 455(a)(2) (42 U.S.C. rective action to achieve the appropriate for incentive adjustments under this section; 655(a)(2)), as amended by section 311(a), is performance levels as described in subpara- and amended— graph (A)(i) of this paragraph, or ‘‘(ii) the amounts of incentive adjustment (1) by striking the period at the end of sub- ‘‘(ii) the data submitted by the State pur- that shall be awarded to States achieving paragraph (C) and inserting a comma; and suant to section 454(15)(B) is incomplete or specified accomplishment or improvement (2) by adding after and below subparagraph unreliable, levels, which amounts shall be graduated, (C), flush with the left margin of the para- the amounts otherwise payable to the State ranging up to— graph, the following: under this part for quarters following the ‘‘(I) 5 percentage points, in connection ‘‘increased by the incentive adjustment fac- end of such succeeding fiscal year, prior to with Statewide paternity establishment; and tor (if any) determined by the Secretary pur- quarters following the end of the first quar- ‘‘(II) 10 percentage points, in connection suant to section 458.’’. ter throughout which the State program is with overall performance in child support (c) CONFORMING AMENDMENTS.—Section in compliance with such performance re- enforcement. 454(22) (42 U.S.C. 654(22)) is amended— quirement, shall be reduced by the percent- ‘‘(B) LIMITATION.—In setting performance (1) by striking ‘‘incentive payments’’ the age specified in paragraph (2). standards pursuant to subparagraph (A)(i) first place it appears and inserting ‘‘incen- ‘‘(2) The reductions required under para- and adjustment amounts pursuant to sub- tive adjustments’’; and graph (1) shall be— paragraph (A)(ii), the Secretary shall ensure (2) by striking ‘‘any such incentive pay- ‘‘(A) not less than 3 nor more than 5 per- that the aggregate number of percentage ments made to the State for such period’’ cent, or point increases as incentive adjustments to and inserting ‘‘any increases in Federal pay- ‘‘(B) not less than 5 nor more than 7 per- all States do not exceed such aggregate in- ments to the State resulting from such in- cent, if the finding is the second consecutive creases as assumed by the Secretary in esti- centive adjustments’’. finding made pursuant to paragraph (1), or S 12850 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘(C) not less than 7 nor more than 10 per- ‘‘(4)(A) review data and calculations trans- (C) by inserting ‘‘meeting the requirements cent, if the finding is the third or a subse- mitted by State agencies pursuant to section of section 454A’’ after ‘‘information retrieval quent consecutive such finding. 454(15)(B) on State program accomplish- system’’; ‘‘(3) For purposes of this subsection, sec- ments with respect to performance indica- (D) by striking ‘‘in the State and localities tion 402(a)(27), and section 452(a)(4), a State tors for purposes of section 452(g) and 458, thereof, so as (A)’’ and inserting ‘‘so as’’; which is determined as a result of an audit and determine the amount (if any) of penalty (E) by striking ‘‘(i)’’; and to have submitted incomplete or unreliable reductions pursuant to section 455(e) to be (F) by striking ‘‘(including, but not limited data pursuant to section 454(15)(B), shall be applied to the State; to,’’ and all that follows and to the semi- determined to have submitted adequate data ‘‘(B) review annual reports by State agen- colon. if the Secretary determines that the extent cies pursuant to section 454(15)(A) on State (2) AUTOMATED DATA PROCESSING.—Part D of the incompleteness or unreliability of the program conformity with Federal require- of title IV (42 U.S.C. 651–669) is amended by data is of a technical nature which does not ments; evaluate any elements of a State pro- inserting after section 454 the following new adversely affect the determination of the gram in which significant deficiencies are in- section: level of the State’s performance.’’. dicated by such report on the status of com- ‘‘AUTOMATED DATA PROCESSING (2) CONFORMING AMENDMENTS.— plaints under the State procedure under sec- ‘‘SEC. 454A. (a) IN GENERAL.—In order to (A) PAYMENTS TO STATES.—Section 403 (42 tion 454(12)(B); and, as appropriate, provide meet the requirements of this section, for U.S.C. 603) is amended by striking subsection to the State agency comments, recommenda- purposes of the requirement of section (h). tions for additional or alternative corrective 454(16), a State agency shall have in oper- (B) DUTIES OF SECRETARY.—Subsections actions, and technical assistance; and ation a single statewide automated data (d)(3)(A), (g)(1), and (g)(3)(A) of section 452 (42 ‘‘(C) conduct audits, in accordance with processing and information retrieval system U.S.C. 652) are each amended by striking the government auditing standards of the which has the capability to perform the ‘‘403(h)’’ and inserting ‘‘455(e)’’. United States Comptroller General— tasks specified in this section, and performs (f) EFFECTIVE DATES.— ‘‘(i) at least once every 3 years (or more such tasks with the frequency and in the (1) INCENTIVE ADJUSTMENTS.— frequently, in the case of a State which fails manner specified in this part or in regula- (A) IN GENERAL.—The amendments made to meet requirements of this part, or of regu- tions or guidelines of the Secretary. by subsections (a), (b), and (c) shall become lations implementing such requirements, ‘‘(b) PROGRAM MANAGEMENT.—The auto- effective on October 1, 1997, except to the ex- concerning performance standards and reli- mated system required under this section tent provided in subparagraph (B). ability of program data) to assess the com- shall perform such functions as the Sec- (B) EXCEPTION.—Section 458 of the Social pleteness, reliability, and security of the retary may specify relating to management Security Act, as in effect prior to the enact- data, and the accuracy of the reporting sys- of the program under this part, including— ment of this section, shall be effective for tems, used for the calculations of perform- ‘‘(1) controlling and accounting for use of purposes of incentive payments to States for ance indicators specified in subsection (g) Federal, State, and local funds to carry out fiscal years prior to fiscal year 1999. and section 458; such program; and (2) PENALTY REDUCTIONS.— ‘‘(ii) of the adequacy of financial manage- ‘‘(2) maintaining the data necessary to (A) IN GENERAL.—The amendments made ment of the State program, including assess- meet Federal reporting requirements on a by subsection (d) shall become effective with ments of— timely basis. respect to calendar quarters beginning on ‘‘(I) whether Federal and other funds made ‘‘(c) CALCULATION OF PERFORMANCE INDICA- and after the date of the enactment of this available to carry out the State program TORS.—In order to enable the Secretary to Act. under this part are being appropriately ex- determine the incentive and penalty adjust- (B) REDUCTIONS.—The amendments made pended, and are properly and fully accounted ments required by sections 452(g) and 458, the by subsection (e) shall become effective with for; and State agency shall— respect to calendar quarters beginning on ‘‘(II) whether collections and disburse- ‘‘(1) use the automated system— and after the date which is 1 year after the ments of support payments and program in- ‘‘(A) to maintain the requisite data on date of the enactment of this Act. come are carried out correctly and are prop- State performance with respect to paternity SEC. 313. FEDERAL AND STATE REVIEWS AND AU- erly and fully accounted for; and establishment and child support enforcement DITS. ‘‘(iii) for such other purposes as the Sec- in the State; and (a) STATE AGENCY ACTIVITIES.—Section 454 retary may find necessary;’’. ‘‘(B) to calculate the IV–D paternity estab- (42 U.S.C. 654) is amended— (c) EFFECTIVE DATE.—The amendments lishment percentage and overall performance (1) in paragraph (14)— made by this section shall be effective with in child support enforcement for the State (A) by striking ‘‘(14)’’ and inserting respect to calendar quarters beginning on or for each fiscal year; and ‘‘(14)(A)’’; and after the date which is 1 year after the en- ‘‘(2) have in place systems controls to en- (B) by inserting after the semicolon ‘‘and’’; actment of this section. sure the completeness, and reliability of, and (2) by redesignating paragraph (15) as sub- SEC. 314. REQUIRED REPORTING PROCEDURES. ready access to, the data described in para- paragraph (B) of paragraph (14); and (a) ESTABLISHMENT.—Section 452(a)(5) (42 graph (1)(A), and the accuracy of the calcula- (3) by inserting after paragraph (14) the fol- U.S.C. 652(a)(5)) is amended by inserting ‘‘, tions described in paragraph (1)(B). lowing new paragraph: and establish procedures to be followed by ‘‘(d) INFORMATION INTEGRITY AND SECU- ‘‘(15) provide for— States for collecting and reporting informa- RITY.—The State agency shall have in effect ‘‘(A) a process for annual reviews of and re- tion required to be provided under this part, safeguards on the integrity, accuracy, and ports to the Secretary on the State program and establish uniform definitions (including completeness of, access to, and use of data in under this part— those necessary to enable the measurement the automated system required under this ‘‘(i) which shall include such information of State compliance with the requirements section, which shall include the following (in as may be necessary to measure State com- of this part relating to expedited processes addition to such other safeguards as the Sec- pliance with Federal requirements for expe- and timely case processing) to be applied in retary specifies in regulations): dited procedures and timely case processing, following such procedures’’ before the semi- ‘‘(1) POLICIES RESTRICTING ACCESS.—Written using such standards and procedures as are colon. policies concerning access to data by State required by the Secretary; and (b) STATE PLAN REQUIREMENT.—Section 454 agency personnel, and sharing of data with ‘‘(ii) under which the State agency will de- (42 U.S.C. 654), as amended by sections 301(a) other persons, which— termine the extent to which such program is and 305(a), is amended— ‘‘(A) permit access to and use of data only in conformity with applicable requirements (1) by striking ‘‘and’’ at the end of para- to the extent necessary to carry out program with respect to the operation of State pro- graph (25); responsibilities; grams under this part (including the status (2) by striking the period at the end of ‘‘(B) specify the data which may be used of complaints filed under the procedure re- paragraph (26) and inserting ‘‘; and’’; and for particular program purposes, and the per- quired under paragraph (12)(B)); and (3) by adding after paragraph (26) the fol- sonnel permitted access to such data; and ‘‘(B) a process of extracting from the State lowing: ‘‘(C) ensure that data obtained or disclosed automated data processing system and ‘‘(27) provide that the State shall use the for a limited program purpose is not used or transmitting to the Secretary data and cal- definitions established under section 452(a)(5) redisclosed for another, impermissible pur- culations concerning the levels of accom- in collecting and reporting information as pose. plishment (and rates of improvement) with required under this part.’’. ‘‘(2) SYSTEMS CONTROLS.—Systems controls respect to applicable performance indicators SEC. 315. AUTOMATED DATA PROCESSING RE- (such as passwords or blocking of fields) to (including IV–D paternity establishment per- QUIREMENTS. ensure strict adherence to the policies speci- centages and overall performance in child (a) REVISED REQUIREMENTS.— fied under paragraph (1). support enforcement) to the extent nec- (1) STATE PLAN.—Section 454(16) (42 U.S.C. ‘‘(3) MONITORING OF ACCESS.—Routine mon- essary for purposes of sections 452(g) and 654(16)) is amended— itoring of access to and use of the automated 458.’’. (A) by striking ‘‘, at the option of the system, through methods such as audit trails (b) FEDERAL ACTIVITIES.—Section 452(a)(4) State,’’; and feedback mechanisms, to guard against (42 U.S.C. 652(a)(4)) is amended to read as fol- (B) by inserting ‘‘and operation by the and promptly identify unauthorized access lows: State agency’’ after ‘‘for the establishment’’; or use. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12851

‘‘(4) TRAINING AND INFORMATION.—The ‘‘(II) the level of automation needed to (A) by striking ‘‘this part;’’ and inserting State agency shall have in effect procedures meet the automated data processing require- ‘‘this part, including—’’; and to ensure that all personnel (including State ments of this part.’’. (B) by adding at the end the following in- and local agency staff and contractors) who (c) CONFORMING AMENDMENT.—Section dented clauses: may have access to or be required to use sen- 123(c) of the Family Support Act of 1988 (102 ‘‘(i) the total amount of child support pay- sitive or confidential program data are fully Stat. 2352; Public Law 100–485) is repealed. ments collected as a result of services fur- informed of applicable requirements and pen- SEC. 316. DIRECTOR OF CSE PROGRAM; STAFFING nished during such fiscal year to individuals alties, and are adequately trained in security STUDY. receiving services under this part; procedures. (a) REPORTING TO SECRETARY.—Section ‘‘(ii) the cost to the States and to the Fed- ‘‘(5) PENALTIES.—The State agency shall 452(a) (42 U.S.C. 652(a)) is amended in the eral Government of furnishing such services have in effect administrative penalties (up to matter preceding paragraph (1) by striking to those individuals; and and including dismissal from employment) ‘‘directly’’. ‘‘(iii) the number of cases involving fami- for unauthorized access to, or disclosure or (b) STAFFING STUDIES.— lies— use of, confidential data.’’. (1) SCOPE.—The Secretary of Health and ‘‘(I) who became ineligible for aid under (3) REGULATIONS.—Section 452 (42 U.S.C. Human Services (in this subsection referred part A during a month in such fiscal year; 652) is amended by adding at the end the fol- to as the ‘‘Secretary’’) shall, directly or by and lowing new subsection: contract, conduct studies of the staffing of ‘‘(II) with respect to whom a child support ‘‘(j) The Secretary shall prescribe final reg- each State child support enforcement pro- payment was received in the same month;’’. ulations for implementation of the require- gram under part D of title IV of the Social (2) CERTAIN DATA.—Section 452(a)(10)(C) (42 ments of section 454A not later than 2 years Security Act. Such studies shall— U.S.C. 652(a)(10)(C)) is amended— after the date of the enactment of this sub- (A) include a review of the staffing needs (A) in the matter preceding clause (i), by section.’’. created by requirements for automated data striking ‘‘with the data required under each (4) IMPLEMENTATION TIMETABLE.—Section processing, maintenance of a central case clause being separately stated for cases’’ and 454(24) (42 U.S.C. 654(24)), as amended by sec- registry and centralized collections of child all that follows through ‘‘part:’’ and insert- tions 301(a), 305(a)(2) and 314(b)(1), is amend- support, and of changes in these needs re- ing ‘‘separately stated for cases where the ed to read as follows: sulting from changes in such requirements; child is receiving aid to families with de- ‘‘(24) provide that the State will have in ef- and pendent children (or foster care maintenance fect an automated data processing and infor- (B) examine and report on effective staff- payments under part E), or formerly received mation retrieval system— ing practices used by the States and on rec- such aid or payments and the State is con- ‘‘(A) by October 1, 1996, meeting all re- ommended staffing procedures. tinuing to collect support assigned to it under section 402(a)(26), 471(a)(17), or 1912, quirements of this part which were enacted (2) FREQUENCY OF STUDIES.—The Secretary on or before the date of the enactment of the shall complete the first staffing study re- and all other cases under this part—’’; Family Support Act of 1988; and quired under paragraph (1) not later than Oc- (B) in each of clauses (i) and (ii), by strik- ‘‘(B) by October 1, 1999, meeting all re- tober 1, 1997, and may conduct additional ing ‘‘, and the total amount of such obliga- quirements of this part enacted on or before studies subsequently at appropriate inter- tions’’; the date of the enactment of the Interstate vals. (C) in clause (iii), by striking ‘‘described in’’ and all that follows through the semi- Child Support Responsibility Act of 1995 (but (3) REPORT TO THE CONGRESS.—The Sec- this provision shall not be construed to alter retary shall submit a report to the Congress colon and inserting ‘‘in which support was earlier deadlines specified for elements of stating the findings and conclusions of each collected during the fiscal year;’’; such system), except that such deadline shall study conducted under this subsection. (D) by striking clause (iv); and be extended by 1 day for each day (if any) by (E) by redesignating clause (v) as clause SEC. 317. FUNDING FOR SECRETARIAL ASSIST- (vii), and inserting after clause (iii) the fol- which the Secretary fails to meet the dead- ANCE TO STATE PROGRAMS. lowing new clauses: line imposed by section 452(j);’’. Section 452 (42 U.S.C. 652), as amended by ‘‘(iv) the total amount of support collected (b) SPECIAL FEDERAL MATCHING RATE FOR section 315(a)(3), is amended by adding at the during such fiscal year and distributed as DEVELOPMENT COSTS OF AUTOMATED SYS- end the following new subsection: current support; TEMS.—Section 455(a) (42 U.S.C. 655(a)) is ‘‘(k)(1) There shall be available to the Sec- ‘‘(v) the total amount of support collected amended— retary, from amounts appropriated for fiscal during such fiscal year and distributed as ar- (1) in paragraph (1)(B)— year 1996 and each succeeding fiscal year for rearages; (A) by striking ‘‘90 percent’’ and inserting payments to States under this part, the ‘‘(vi) the total amount of support due and ‘‘the percent specified in paragraph (3)’’; amount specified in paragraph (2) for the unpaid for all fiscal years; and’’. (B) by striking ‘‘so much of’’; and costs to the Secretary for— (3) USE OF FEDERAL COURTS.—Section (C) by striking ‘‘which the Secretary’’ and ‘‘(A) information dissemination and tech- 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is all that follows through ‘‘thereof’’; and nical assistance to States, training of State amended by striking ‘‘on the use of Federal (2) by adding at the end the following new and Federal staff, staffing studies, and relat- courts and’’. paragraph: ed activities needed to improve programs (4) ADDITIONAL INFORMATION NOT NEC- ‘‘(3)(A) The Secretary shall pay to each (including technical assistance concerning ESSARY.—Section 452(a)(10) (42 U.S.C. State, for each quarter in fiscal years 1996 State automated systems); 652(a)(10)) is amended by striking all that fol- through 2001, the percentage specified in sub- ‘‘(B) research, demonstration, and special lows subparagraph (I). paragraph (B) of so much of State expendi- projects of regional or national significance (b) DATA COLLECTION AND REPORTING.—Sec- tures described in paragraph (1)(B) as the relating to the operation of State programs tion 469 (42 U.S.C. 669) is amended— Secretary finds are for a system meeting the under this part; and (1) by striking subsections (a) and (b) and requirements specified in section 454(16) and ‘‘(C) operation of the Federal Parent Loca- inserting the following: 454A, subject to subparagraph (C). tor Service under section 453, to the extent ‘‘(a) The Secretary shall collect and main- ‘‘(B) The percentage specified in this sub- such costs are not recovered through user tain, on a fiscal year basis, up-to-date statis- paragraph, for purposes of subparagraph (A), fees. tics, by State, with respect to services to es- is the higher of— ‘‘(2) The amount specified in this para- tablish paternity and services to establish ‘‘(i) 80 percent, or graph for a fiscal year is the amount equal to child support obligations, the data specified ‘‘(ii) the percentage otherwise applicable a percentage of the reduction in Federal pay- in subsection (b), separately stated, in the to Federal payments to the State under ments to States under part A on account of case of each such service, with respect to— paragraph (1)(A) (as adjusted pursuant to child support (including arrearages) col- ‘‘(1) families (or dependent children) re- section 458). lected in the preceding fiscal year on behalf ceiving aid under plans approved under part ‘‘(C)(i) The Secretary may not pay more of children receiving aid under such part A A (or E); and than $260,000,000 in the aggregate under this in such preceding fiscal year (as determined ‘‘(2) families not receiving such aid. paragraph for fiscal years 1996, 1997, 1998, on the basis of the most recent reliable data ‘‘(b) The data referred to in subsection (a) 1999, 2000, and 2001. available to the Secretary as of the end of are— ‘‘(ii) The total amount payable to a State the third calendar quarter following the end ‘‘(1) the number of cases in the caseload of under this paragraph for fiscal years 1996, of such preceding fiscal year), equal to— the State agency administering the plan 1997, 1998, 1999, 2000, and 2001 shall not exceed ‘‘(A) 1 percent, for the activities specified under this part in which such service is need- the limitation determined for the State by in subparagraphs (A) and (B) of paragraph ed; and the Secretary in regulations. (1); and ‘‘(2) the number of such cases in which the ‘‘(iii) The regulations referred to in clause ‘‘(B) 2 percent, for the activities specified service has been provided.’’; and (ii) shall prescribe a formula for allocating in subparagraph (C) of paragraph (1).’’. (2) in subsection (c), by striking ‘‘(a)(2)’’ the amount specified in clause (iii) among SEC. 318. DATA COLLECTION AND REPORTS BY and inserting ‘‘(b)(2)’’. States with plans approved under this part, THE SECRETARY. (c) EFFECTIVE DATE.—The amendments which shall take into account— (a) ANNUAL REPORT TO CONGRESS.— made by this section shall be effective with ‘‘(I) the relative size of State caseloads (1) IN GENERAL.—Section 452(a)(10)(A) (42 respect to fiscal year 1996 and succeeding fis- under this part; and U.S.C. 652(a)(10)(A)) is amended— cal years. S 12852 CONGRESSIONAL RECORD — SENATE September 7, 1995 PART III—LOCATE AND CASE TRACKING and interstate information networks, as nec- disbursement of support payments through SEC. 321. CENTRAL STATE AND CASE REGISTRY. essary and appropriate to carry out (or assist the centralized collections unit operated Section 454A, as added by section 315(a)(2), other States to carry out) the purposes of pursuant to section 454B, through the per- is amended by adding at the end the follow- this part.’’. formance of functions including at a mini- ing new subsections: SEC. 322. CENTRALIZED COLLECTION AND DIS- mum— ‘‘(e) CENTRAL CASE REGISTRY.— BURSEMENT OF SUPPORT PAY- ‘‘(1) generation of orders and notices to MENTS. ‘‘(1) IN GENERAL.—The automated system employers (and other debtors) for the with- required under this section shall perform the (a) STATE PLAN REQUIREMENT.—Section 454 holding of wages (and other income)— functions, in accordance with the provisions (42 U.S.C. 654), as amended by sections 301(a), ‘‘(A) within 2 working days after receipt of this subsection, of a single central reg- 305(a) and 314(b), is amended— (from the directory of New Hires established istry containing records with respect to each (1) by striking ‘‘and’’ at the end of para- under section 453(i) or any other source) of case in which services are being provided by graph (26); notice of and the income source subject to the State agency (including, on and after Oc- (2) by striking the period at the end of such withholding; and tober 1, 1998, each order specified in section paragraph (27) and inserting ‘‘; and’’; and ‘‘(B) using uniform formats directed by the 466(a)(12)), using such standardized data ele- (3) by adding after paragraph (27) the fol- Secretary; ments (such as names, social security num- lowing new paragraph: ‘‘(2) ongoing monitoring to promptly iden- bers or other uniform identification num- ‘‘(28) provide that the State agency, on and tify failures to make timely payment; and bers, dates of birth, and case identification after October 1, 1998— ‘‘(3) automatic use of enforcement mecha- numbers), and containing such other infor- ‘‘(A) will operate a centralized, automated nisms (including mechanisms authorized mation (such as information on case status) unit for the collection and disbursement of pursuant to section 466(c)) where payments as the Secretary may require. child support under orders being enforced are not timely made.’’. ‘‘(2) PAYMENT RECORDS.—Each case record under this part, in accordance with section (d) EFFECTIVE DATE.—The amendments in the central registry shall include a record 454B; and made by this section shall become effective of— ‘‘(B) will have sufficient State staff (con- on October 1, 1998. ‘‘(A) the amount of monthly (or other peri- sisting of State employees), and, at State op- SEC. 323. AMENDMENTS CONCERNING INCOME odic) support owed under the support order, tion, contractors reporting directly to the WITHHOLDING. and other amounts due or overdue (including State agency to monitor and enforce support (a) MANDATORY INCOME WITHHOLDING.— arrearages, interest or late payment pen- collections through such centralized unit, in- (1) FROM WAGES.—Section 466(a)(1) (42 alties, and fees); cluding carrying out the automated data U.S.C. 666(a)(1)) is amended to read as fol- ‘‘(B) all child support and related amounts processing responsibilities specified in sec- lows: collected (including such amounts as fees, tion 454A(g) and to impose, as appropriate in ‘‘(1)(A) Procedures described in subsection late payment penalties, and interest on ar- particular cases, the administrative enforce- (b) for the withholding from income of rearages); ment remedies specified in section amounts payable as support in cases subject ‘‘(C) the distribution of such amounts col- 466(c)(1).’’. to enforcement under the State plan. lected; and (b) ESTABLISHMENT OF CENTRALIZED COL- ‘‘(B) Procedures under which all child sup- ‘‘(D) the birth date of the child for whom LECTION UNIT.—Part D of title IV (42 U.S.C. port orders issued (or modified) before Octo- the child support order is entered. 651–669) is amended by adding after section ber 1, 1996, and which are not otherwise sub- 454A the following new section: ‘‘(3) UPDATING AND MONITORING.—The State ject to withholding under subsection (b), agency shall promptly establish and main- ‘‘CENTRALIZED COLLECTION AND DISBURSEMENT shall become subject to withholding from tain, and regularly monitor, case records in OF SUPPORT PAYMENTS wages as provided in subsection (b) if arrear- the registry required by this subsection, on ‘‘SEC. 454B. (a) IN GENERAL.—In order to ages occur, without the need for a judicial or the basis of— meet the requirement of section 454(28), the administrative hearing.’’. ‘‘(A) information on administrative actions State agency must operate a single, central- (2) REPEAL OF CERTAIN PROVISIONS CONCERN- and administrative and judicial proceedings ized, automated unit for the collection and ING ARREARAGES.—Section 466(a)(8) (42 U.S.C. and orders relating to paternity and support; disbursement of support payments, coordi- 666(a)(8)) is repealed. ‘‘(B) information obtained from matches nated with the automated data system re- (3) PROCEDURES DESCRIBED.—Section 466(b) with Federal, State, or local data sources; quired under section 454A, in accordance (42 U.S.C. 666(b)) is amended— ‘‘(C) information on support collections with the provisions of this section, which (A) in the matter preceding paragraph (1), and distributions; and shall be— by striking ‘‘subsection (a)(1)’’ and inserting ‘‘(D) any other relevant information. ‘‘(1) operated directly by the State agency ‘‘subsection (a)(1)(A)’’; ‘‘(f) DATA MATCHES AND OTHER DISCLO- (or by 2 or more State agencies under a re- (B) in paragraph (5), by striking ‘‘a public SURES OF INFORMATION.—The automated sys- gional cooperative agreement), or by a single agency’’ and all that follows through the pe- tem required under this section shall have contractor responsible directly to the State riod and inserting ‘‘the State through the the capacity, and be used by the State agen- agency; and centralized collections unit established pur- cy, to extract data at such times, and in such ‘‘(2) used for the collection and disburse- suant to section 454B, in accordance with the standardized format or formats, as may be ment (including interstate collection and requirements of such section 454B.’’; required by the Secretary, and to share and disbursement) of payments under support or- (C) in paragraph (6)(A)(i)— match data with, and receive data from, ders in all cases being enforced by the State (i) by inserting ‘‘, in accordance with time- other data bases and data matching services, pursuant to section 454(4). tables established by the Secretary,’’ after in order to obtain (or provide) information ‘‘(b) REQUIRED PROCEDURES.—The central- ‘‘must be required’’; and necessary to enable the State agency (or ized collections unit shall use automated (ii) by striking ‘‘to the appropriate agen- Secretary or other State or Federal agen- procedures, electronic processes, and com- cy’’ and all that follows through the period cies) to carry out responsibilities under this puter-driven technology to the maximum ex- and inserting ‘‘to the State centralized col- part. Data matching activities of the State tent feasible, efficient, and economical, for lections unit within 5 working days after the agency shall include at least the following: the collection and disbursement of support date such amount would (but for this sub- ‘‘(1) DATA BANK OF CHILD SUPPORT OR- payments, including procedures— section) have been paid or credited to the DERS.—Furnishing to the Data Bank of Child ‘‘(1) for receipt of payments from parents, employee, for distribution in accordance Support Orders established under section employers, and other States, and for dis- with this part.’’; 453(h) (and updating as necessary, with infor- bursements to custodial parents and other (D) in paragraph (6)(A)(ii), by inserting ‘‘be mation, including notice of expiration of or- obligees, the State agency, and the State in a standard format prescribed by the Sec- ders) minimal information specified by the agencies of other States; retary, and’’ after ‘‘shall’’; and Secretary on each child support case in the ‘‘(2) for accurate identification of pay- (E) in paragraph (6)(D) to read as follows: central case registry. ments; ‘‘(D) Provision must be made for the impo- ‘‘(2) FEDERAL PARENT LOCATOR SERVICE.— ‘‘(3) to ensure prompt disbursement of the sition of a fine against any employer who— Exchanging data with the Federal Parent custodial parent’s share of any payment; and ‘‘(i) discharges from employment, refuses Locator Service for the purposes specified in ‘‘(4) to furnish to either parent, upon re- to employ, or takes disciplinary action section 453. quest, timely information on the current against any absent parent subject to wage ‘‘(3) AFDC AND MEDICAID AGENCIES.—Ex- status of support payments.’’. withholding required by this subsection be- changing data with State agencies (of the (c) USE OF AUTOMATED SYSTEM.—Section cause of the existence of such withholding State and of other States) administering the 454A, as added by section 315(a)(2) and as and the obligations or additional obligations programs under part A and title XIX, as nec- amended by section 321, is amended by add- which it imposes upon the employer; or essary for the performance of State agency ing at the end the following new subsection: ‘‘(ii) fails to withhold support from wages, responsibilities under this part and under ‘‘(g) CENTRALIZED COLLECTION AND DIS- or to pay such amounts to the State central- such programs. TRIBUTION OF SUPPORT PAYMENTS.—The auto- ized collections unit in accordance with this ‘‘(4) INTRA- AND INTERSTATE DATA mated system required under this section subsection.’’. MATCHES.—Exchanging data with other agen- shall be used, to the maximum extent fea- (b) CONFORMING AMENDMENT.—Section cies of the State, agencies of other States, sible, to assist and facilitate collections and 466(c) (42 U.S.C. 666(c)) is repealed. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12853

(c) DEFINITION OF TERMS.—The Secretary of (1) IN GENERAL.—Section 608 of the Fair ‘‘(2) EMPLOYER INFORMATION.— Health and Human Services shall promulgate Credit Reporting Act (15 U.S.C. 1681f) is ‘‘(A) INFORMATION REQUIRED.—Subject to regulations providing definitions, for pur- amended— subparagraph (D), each employer shall fur- poses of part D of title IV of the Social Secu- (A) by striking ‘‘, limited to’’ and inserting nish to the Secretary, for inclusion in the di- rity Act, for the term ‘‘income’’ and for such ‘‘to a governmental agency (including the rectory under this subsection, not later than other terms relating to income withholding entire consumer report, in the case of a Fed- 10 days after the date (on or after October 1, under section 466(b) of such Act as the Sec- eral, State, or local agency administering a 1998) on which the employer hires a new em- retary may find it necessary or advisable to program under part D of title IV of the So- ployee (as defined in subparagraph (C)), a re- define. cial Security Act, and limited to’’; and port containing the name, date of birth, and SEC. 324. LOCATOR INFORMATION FROM INTER- (B) by striking ‘‘employment, to a govern- social security number of such employee, STATE NETWORKS. mental agency’’ and inserting ‘‘employment, and the employer identification number of Section 466(a) (42 U.S.C. 666(a)), as amended in the case of any other governmental agen- the employer. by section 323(a)(2), is amended by inserting cy)’’. ‘‘(B) REPORTING METHOD AND FORMAT.—The after paragraph (7) the following new para- (2) REIMBURSEMENT FOR REPORTS BY STATE Secretary shall provide for transmission of graph: AGENCIES AND CREDIT BUREAUS.—Section 453 the reports required under subparagraph (A) ‘‘(8) Procedures ensuring that the State (42 U.S.C. 653) is amended by adding at the using formats and methods which minimize will neither provide funding for, nor use for end the following new subsection: the burden on employers, which shall in- any purpose (including any purpose unre- ‘‘(g) The Secretary is authorized to reim- clude— lated to the purposes of this part), any auto- burse to State agencies and consumer credit ‘‘(i) automated or electronic transmission mated interstate network or system used to reporting agencies the costs incurred by such of such reports; locate individuals— entities in furnishing information requested ‘‘(ii) transmission by regular mail; and ‘‘(A) for purposes relating to the use of by the Secretary pursuant to this section in ‘‘(iii) transmission of a copy of the form re- motor vehicles; or an amount which the Secretary determines quired for purposes of compliance with sec- ‘‘(B) providing information for law enforce- to be reasonable payment for the data ex- tion 3402 of the Internal Revenue Code of ment purposes (where child support enforce- change (which amount shall not include pay- 1986. ment agencies are otherwise allowed access ment for the costs of obtaining, compiling, ‘‘(C) EMPLOYEE DEFINED.—For purposes of by State and Federal law), or maintaining the data).’’. this paragraph, the term ‘employee’ means unless all Federal and State agencies admin- (d) TECHNICAL AMENDMENTS.— any individual subject to the requirement of istering programs under this part (including (1) Sections 452(a)(9), 453(a), 453(b), 463(a), section 3402(f)(2) of the Internal Revenue the entities established under section 453) and 463(e) (42 U.S.C. 652(a)(9), 653(a), 653(b), Code of 1986. have access to information in such system or 663(a), and 663(e)) are each amended by in- ‘‘(D) PAPERWORK REDUCTION REQUIRE- network to the same extent as any other serting ‘‘Federal’’ before ‘‘Parent’’ each MENT.—As required by the information re- user of such system or network.’’. place it appears. sources management policies published by SEC. 325. EXPANDED FEDERAL PARENT LOCATOR (2) Section 453 (42 U.S.C. 653) is amended in the Director of the Office of Management SERVICE. the heading by inserting ‘‘FEDERAL’’ before and Budget pursuant to section 3504(b)(1) of (a) EXPANDED AUTHORITY TO LOCATE INDI- ‘‘PARENT’’. title 44, United States Code, the Secretary, VIDUALS AND ASSETS.—Section 453 (42 U.S.C. (e) NEW COMPONENTS.—Section 453 (42 in order to minimize the cost and reporting 653) is amended— U.S.C. 653), as amended by subsection (c)(2), burden on employers, shall not require re- (1) in subsection (a), by striking ‘‘informa- is amended by adding at the end the follow- porting pursuant to this paragraph if an al- tion as to the whereabouts’’ and all that fol- ing new subsections: ternative reporting mechanism can be devel- lows through the period and inserting ‘‘, for ‘‘(h) DATA BANK OF CHILD SUPPORT OR- oped that either relies on existing Federal or the purpose of establishing parentage, estab- DERS.— State reporting or enables the Secretary to lishing, setting the amount of, modifying, or ‘‘(1) IN GENERAL.—Not later than October 1, collect the needed information in a more enforcing child support obligations— 1998, in order to assist States in administer- cost-effective and equally expeditious man- ‘‘(1) information on, or facilitating the dis- ing their State plans under this part and ner, taking into account the reporting costs covery of, the location of any individual— parts A, F, and G, and for the other purposes on employers. ‘‘(A) who is under an obligation to pay specified in this section, the Secretary shall ‘‘(E) CIVIL MONEY PENALTY ON NONCOMPLY- child support; establish and maintain in the Federal Parent ING EMPLOYERS.— ‘‘(B) against whom such an obligation is Locator Service an automated registry to be ‘‘(i) IN GENERAL.—Any employer that fails sought; or known as the Data Bank of Child Support to make a timely report in accordance with ‘‘(C) to whom such an obligation is owed, Orders, which shall contain abstracts of this paragraph with respect to an individual including such individual’s social security child support orders and other information shall be subject to a civil money penalty, for number (or numbers), most recent residen- described in paragraph (2) on each case in each calendar year in which the failure oc- tial address, and the name, address, and em- each State central case registry maintained curs, of the lesser of $500 or 1 percent of the ployer identification number of such individ- pursuant to section 454A(e), as furnished wages or other compensation paid by such ual’s employer; and (and regularly updated), pursuant to section employer to such individual during such cal- ‘‘(2) information on the individual’s wages 454A(f), by State agencies administering pro- endar year. (or other income) from, and benefits of, em- grams under this part. ‘‘(ii) APPLICATION OF SECTION 1128A.—Sub- ployment (including rights to or enrollment ‘‘(2) CASE INFORMATION.—The information ject to clause (iii), the provisions of section in group health care coverage); and referred to in paragraph (1), as specified by 1128A (other than subsections (a) and (b) ‘‘(3) information on the type, status, loca- the Secretary, shall include sufficient infor- thereof) shall apply to a civil money penalty tion, and amount of any assets of, or debts mation (including names, social security under clause (i) in the same manner as they owed by or to, any such individual.’’; numbers or other uniform identification apply to a civil money penalty or proceeding (2) in subsection (b)— numbers, and State case identification num- under section 1128A(a). (A) in the matter preceding paragraph (1), bers) to identify the individuals who owe or ‘‘(iii) COSTS TO SECRETARY.—Any employer by striking ‘‘social security’’ and all that are owed support (or with respect to or on with respect to whom a penalty under this follows through ‘‘absent parent’’ and insert- behalf of whom support obligations are subparagraph is upheld after an administra- ing ‘‘information specified in subsection sought to be established), and the State or tive hearing shall be liable to pay all costs of (a)’’; and States which have established or modified, the Secretary with respect to such hearing. (B) in paragraph (2), by inserting before the or are enforcing or seeking to establish, such ‘‘(3) EMPLOYMENT SECURITY INFORMATION.— period ‘‘, or from any consumer reporting an order. ‘‘(A) REPORTING REQUIREMENT.—Each State agency (as defined in section 603(f) of the ‘‘(i) DIRECTORY OF NEW HIRES.— agency administering a State unemployment Fair Credit Reporting Act (15 U.S.C. ‘‘(1) IN GENERAL.—Not later than October 1, compensation law approved by the Secretary 1681a(f))’’; and 1998, in order to assist States in administer- of Labor under the Federal Unemployment (3) in subsection (e)(1), by inserting before ing their State plans under this part and Tax Act shall furnish to the Secretary ex- the period ‘‘, or by consumer reporting agen- parts A, F, and G, and for the other purposes tracts of the reports to the Secretary of cies’’. specified in this section, the Secretary shall Labor concerning the wages and unemploy- (b) REIMBURSEMENT FOR DATA FROM FED- establish and maintain in the Federal Parent ment compensation paid to individuals re- ERAL AGENCIES.—Section 453(e)(2) (42 U.S.C. Locator Service an automated directory to quired under section 303(a)(6), in accordance 653(e)(2)) is amended in the fourth sentence be known as the directory of New Hires, con- with subparagraph (B). by inserting before the period ‘‘in an amount taining— ‘‘(B) MANNER OF COMPLIANCE.—The extracts which the Secretary determines to be rea- ‘‘(A) information supplied by employers on required under subparagraph (A) shall be fur- sonable payment for the data exchange each newly hired individual, in accordance nished to the Secretary on a quarterly basis, (which amount shall not include payment for with paragraph (2); and with respect to calendar quarters beginning the costs of obtaining, compiling, or main- ‘‘(B) information supplied by State agen- on and after October 1, 1996, by such dates, in taining the data)’’. cies administering State unemployment such format, and containing such informa- (c) ACCESS TO CONSUMER REPORTS UNDER compensation laws, in accordance with para- tion as required by that Secretary in regula- FAIR CREDIT REPORTING ACT.— graph (3). tions. S 12854 CONGRESSIONAL RECORD — SENATE September 7, 1995

‘‘(j) DATA MATCHES AND OTHER DISCLO- sulting from matches performed pursuant to 405(c)(2)(C)(ii)) is amended by striking the SURES.— this section, shall be retained for such period third sentence and inserting ‘‘This clause ‘‘(1) VERIFICATION BY SOCIAL SECURITY AD- (determined by the Secretary) as appropriate shall not be considered to authorize disclo- MINISTRATION.— for the data uses specified in this section. sure of such numbers except as provided in ‘‘(A) TRANSMISSION OF DATA.—The Sec- ‘‘(n) INFORMATION INTEGRITY AND SECU- the preceding sentence.’’. retary shall transmit data on individuals and RITY.—The Secretary shall establish and im- employers in the registries maintained under plement safeguards with respect to the enti- PART IV—STREAMLINING AND this section to the Social Security Adminis- ties established under this section designed UNIFORMITY OF PROCEDURES tration to the extent necessary for verifica- to— SEC. 331. ADOPTION OF UNIFORM STATE LAWS. tion in accordance with subparagraph (B). ‘‘(1) ensure the accuracy and completeness ‘‘(B) VERIFICATION.—The Commissioner of of information in the Federal Parent Locator Section 466(a) (42 U.S.C. 666(a)), as amended Social Security shall verify the accuracy of, Service; and by sections 302(a) and 326(a), is amended by correct or supply to the extent necessary and ‘‘(2) restrict access to confidential infor- adding at the end the following new para- feasible, and report to the Secretary, the fol- mation in the Federal Parent Locator Serv- graph: lowing information in data supplied by the ice to authorized persons, and restrict use of ‘‘(14)(A) Procedures under which the State Secretary pursuant to subparagraph (A): such information to authorized purposes. adopts in its entirety (with the modifica- ‘‘(i) the name, social security number, and ‘‘(o) LIMIT ON LIABILITY.—The Secretary tions and additions specified in this para- birth date of each individual; and shall not be liable to either a State or an in- graph) not later than January 1, 1997, and ‘‘(ii) the employer identification number of dividual for inaccurate information provided uses on and after such date, the Uniform each employer. to a component of the Federal Parent Loca- Interstate Family Support Act, as approved ‘‘(2) CHILD SUPPORT LOCATOR MATCHES.—For tor Service and disclosed by the Secretary in by the National Conference of Commis- the purpose of locating individuals for pur- accordance with this section.’’. sioners on Uniform State Laws in August poses of paternity establishment and estab- (f) CONFORMING AMENDMENTS.— 1992. lishment and enforcement of child support, (1) TO PART D OF TITLE IV OF THE SOCIAL SE- ‘‘(B) The State law adopted pursuant to the Secretary shall— CURITY ACT.—Section 454(8)(B) (42 U.S.C. subparagraph (A) shall be applied to any ‘‘(A) match data in the directory of New 654(8)(B)) is amended to read as follows: case— Hires against the child support order ab- ‘‘(B) the Federal Parent Locator Service ‘‘(i) involving an order established or modi- stracts in the Data Bank of Child Support established under section 453;’’. fied in one State and for which a subsequent Orders not less than every 2 working days; (2) TO FEDERAL UNEMPLOYMENT TAX ACT.— modification is sought in another State; or and Section 3304(16) of the Internal Revenue Code ‘‘(ii) in which interstate activity is re- ‘‘(B) report information obtained from a of 1986 (relating to approval of State laws) is quired to enforce an order. match established under subparagraph (A) to amended— ‘‘(C) The State law adopted pursuant to concerned State agencies operating pro- (A) by striking ‘‘Secretary of Health, Edu- subparagraph (A) of this paragraph shall con- grams under this part not later than 2 work- cation, and Welfare’’ each place it appears tain the following provision in lieu of section ing days after such match. and inserting ‘‘Secretary of Health and 611(a)(1) of the Uniform Interstate Family ‘‘(3) DATA MATCHES AND DISCLOSURES OF Human Services’’; Support Act described in such subparagraph DATA IN ALL REGISTRIES FOR TITLE IV PRO- (B) in subparagraph (B), by striking ‘‘such (A): GRAM PURPOSES.—The Secretary shall— information’’ and all that follows through ‘‘ ‘(1) the following requirements are met: ‘‘(A) perform matches of data in each com- the semicolon and inserting ‘‘information ‘‘ ‘(i) the child, the individual obligee, and ponent of the Federal Parent Locator Serv- furnished under subparagraph (A) or (B) is the obligor— ice maintained under this section against used only for the purposes authorized under ‘‘ ‘(I) do not reside in the issuing State; and data in each other such component (other such subparagraph;’’; ‘‘ ‘(II) either reside in this State or are sub- than the matches required pursuant to para- (C) by striking ‘‘and’’ at the end of sub- ject to the jurisdiction of this State pursu- graph (1)), and report information resulting paragraph (A); ant to section 201; and from such matches to State agencies operat- (D) by redesignating subparagraph (B) as ‘‘ ‘(ii) in any case where another State is ing programs under this part and parts A, F, subparagraph (C); and exercising or seeks to exercise jurisdiction and G; and (E) by inserting after subparagraph (A) the to modify the order, the conditions of sec- ‘‘(B) disclose data in such registries to following new subparagraph: tion 204 are met to the same extent as re- such State agencies, ‘‘(B) wage and unemployment compensa- quired for proceedings to establish orders; to the extent, and with the frequency, that tion information contained in the records of or’. the Secretary determines to be effective in such agency shall be furnished to the Sec- ‘‘(D) The State law adopted pursuant to assisting such States to carry out their re- retary of Health and Human Services (in ac- subparagraph (A) shall recognize as valid, for sponsibilities under such programs. cordance with regulations promulgated by purposes of any proceeding subject to such ‘‘(k) FEES.— such Secretary) as necessary for the pur- State law, service of process upon persons in ‘‘(1) FOR SSA VERIFICATION.—The Secretary poses of the directory of New Hires estab- the State (and proof of such service) by any shall reimburse the Commissioner of Social lished under section 453(i) of the Social Secu- means acceptable in another State which is Security, at a rate negotiated between the rity Act, and’’. the initiating or responding State in such Secretary and the Commissioner, the costs (3) TO STATE GRANT PROGRAM UNDER TITLE proceeding.’’. incurred by the Commissioner in performing III OF THE SOCIAL SECURITY ACT.—Section the verification services specified in sub- 303(a) (42 U.S.C. 503(a)) is amended— SEC. 332. IMPROVEMENTS TO FULL FAITH AND (A) by striking ‘‘and’’ at the end of para- CREDIT FOR CHILD SUPPORT OR- section (j). DERS. ‘‘(2) FOR INFORMATION FROM SESAS.—The graph (8); Secretary shall reimburse costs incurred by (B) by striking the period at the end of Section 1738B of title 28, United States State employment security agencies in fur- paragraph (9) and inserting ‘‘; and’’; and Code, is amended— nishing data as required by subsection (i)(3), (C) by adding after paragraph (9) the fol- (1) in subsection (a)(2), by striking ‘‘sub- at rates which the Secretary determines to lowing new paragraph: section (e)’’ and inserting ‘‘subsections (e), be reasonable (which rates shall not include ‘‘(10) The making of quarterly electronic (f), and (i)’’; payment for the costs of obtaining, compil- reports, at such dates, in such format, and (2) in subsection (b), by inserting after the ing, or maintaining such data). containing such information, as required by first undesignated paragraph the following: ‘‘(3) FOR INFORMATION FURNISHED TO STATE the Secretary under section 453(i)(3), and ‘‘ ‘child’s home State’ means the State in AND FEDERAL AGENCIES.—State and Federal compliance with such provisions as such Sec- which a child lived with a parent or a person agencies receiving data or information from retary may find necessary to ensure the cor- acting as parent for at least 6 consecutive the Secretary pursuant to this section shall rectness and verification of such reports.’’. months immediately preceding the time of reimburse the costs incurred by the Sec- SEC. 326. USE OF SOCIAL SECURITY NUMBERS. filing of a petition or comparable pleading retary in furnishing such data or informa- (a) STATE LAW REQUIREMENT.—Section for support and, if a child is less than 6 tion, at rates which the Secretary deter- 466(a) (42 U.S.C. 666(a)), as amended by sec- months old, the State in which the child mines to be reasonable (which rates shall in- tion 302(a), is amended by adding at the end lived from birth with any of them. A period clude payment for the costs of obtaining, the following new paragraph: of temporary absence of any of them is verifying, maintaining, and matching such ‘‘(13) Procedures requiring the recording of counted as part of the 6-month period.’’; data or information). social security numbers— (3) in subsection (c), by inserting ‘‘by a ‘‘(l) RESTRICTION ON DISCLOSURE AND USE.— ‘‘(A) of both parties on marriage licenses court of a State’’ before ‘‘is made’’; Data in the Federal Parent Locator Service, and divorce decrees; (4) in subsection (c)(1), by inserting ‘‘and and information resulting from matches ‘‘(B) of both parents, on birth records and subsections (e), (f), and (g)’’ after ‘‘located’’; using such data, shall not be used or dis- child support and paternity orders; and (5) in subsection (d)— closed except as specifically provided in this ‘‘(C) on all applications for motor vehicle (A) by inserting ‘‘individual’’ before ‘‘con- section. licenses and professional licenses.’’. testant’’; and ‘‘(m) RETENTION OF DATA.—Data in the (b) CLARIFICATION OF FEDERAL POLICY.— (B) by striking ‘‘subsection (e)’’ and insert- Federal Parent Locator Service, and data re- Section 205(c)(2)(C)(ii) (42 U.S.C. ing ‘‘subsections (e) and (f)’’; September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12855 (6) in subsection (e), by striking ‘‘make a modifying, and enforcing support obliga- through the centralized collections unit modification of a child support order with re- tions.’’; and under section 454B) upon providing notice to spect to a child that is made’’ and inserting (2) by adding after subsection (b) the fol- obligor and obligee, to direct the obligor or ‘‘modify a child support order issued’’; lowing new subsection: other payor to change the payee to the ap- (7) in subsection (e)(1), by inserting ‘‘pursu- ‘‘(c) The procedures specified in this sub- propriate government entity. ant to subsection (i)’’ before the semicolon; section are the following: ‘‘(H) For the purpose of securing overdue (8) in subsection (e)(2)— ‘‘(1) Procedures which give the State agen- support— (A) by inserting ‘‘individual’’ before ‘‘con- cy the authority (and recognize and enforce ‘‘(i) to intercept and seize any periodic or testant’’ each place such term appears; and the authority of State agencies of other lump-sum payment to the obligor by or (B) by striking ‘‘to that court’s making the States), without the necessity of obtaining through a State or local government agency, modification and assuming’’ and inserting an order from any other judicial or adminis- including— ‘‘with the State of continuing, exclusive ju- trative tribunal (but subject to due process ‘‘(I) unemployment compensation, work- risdiction for a court of another State to safeguards, including (as appropriate) re- ers’ compensation, and other benefits; modify the order and assume’’; quirements for notice, opportunity to con- ‘‘(II) judgments and settlements in cases (9) by redesignating subsections (f) and (g) test the action, and opportunity for an ap- under the jurisdiction of the State or local as subsections (g) and (h), respectively; peal on the record to an independent admin- government; and (10) by inserting after subsection (e) the istrative or judicial tribunal), to take the ‘‘(III) lottery winnings; following new subsection: following actions relating to establishment ‘‘(ii) to attach and seize assets of the obli- ‘‘(f) RECOGNITION OF CHILD SUPPORT OR- or enforcement of orders: gor held by financial institutions; DERS.—If 1 or more child support orders have ‘‘(A) To order genetic testing for the pur- ‘‘(iii) to attach public and private retire- been issued in this or another State with re- pose of paternity establishment as provided ment funds in appropriate cases, as deter- gard to an obligor and a child, a court shall in section 466(a)(5). mined by the Secretary; and apply the following rules in determining ‘‘(B) To enter a default order, upon a show- ‘‘(iv) to impose liens in accordance with which order to recognize for purposes of con- ing of service of process and any additional paragraph (a)(4) and, in appropriate cases, to tinuing, exclusive jurisdiction and enforce- showing required by State law— force sale of property and distribution of pro- ment: ‘‘(i) establishing paternity, in the case of ceeds. any putative father who refuses to submit to ‘‘(1) If only 1 court has issued a child sup- ‘‘(I) For the purpose of securing overdue genetic testing; and port order, the order of that court must be support, to increase the amount of monthly ‘‘(ii) establishing or modifying a support recognized. support payments to include amounts for ar- obligation, in the case of a parent (or other ‘‘(2) If 2 or more courts have issued child rearages (subject to such conditions or re- obligor or obligee) who fails to respond to support orders for the same obligor and strictions as the State may provide). notice to appear at a proceeding for such child, and only 1 of the courts would have ‘‘(J) To suspend drivers’ licenses of individ- purpose. continuing, exclusive jurisdiction under this uals owing past-due support, in accordance ‘‘(C) To subpoena any financial or other in- with subsection (a)(16). section, the order of that court must be rec- formation needed to establish, modify, or en- ‘‘(2) The expedited procedures required ognized. force an order, and to sanction failure to re- under subsection (a)(2) shall include the fol- ‘‘(3) If 2 or more courts have issued child spond to any such subpoena. lowing rules and authority, applicable with support orders for the same obligor and ‘‘(D) To require all entities in the State respect to all proceedings to establish pater- child, and only 1 of the courts would have (including for-profit, nonprofit, and govern- nity or to establish, modify, or enforce sup- continuing, exclusive jurisdiction under this mental employers) to provide promptly, in port orders: section, an order issued by a court in the response to a request by the State agency of ‘‘(A) Procedures under which— current home State of the child must be rec- that or any other State administering a pro- ‘‘(i) the parties to any paternity or child ognized, but if an order has not been issued gram under this part, information on the support proceedings are required (subject to in the current home State of the child, the employment, compensation, and benefits of privacy safeguards) to file with the tribunal order most recently issued must be recog- any individual employed by such entity as before entry of an order, and to update as ap- nized. an employee or contractor, and to sanction propriate, information on location and iden- ‘‘(4) If 2 or more courts have issued child failure to respond to any such request. tity (including social security number, resi- support orders for the same obligor and ‘‘(E) To obtain access, subject to safe- dential and mailing addresses, telephone child, and none of the courts would have con- guards on privacy and information security, number, driver’s license number, and name, tinuing, exclusive jurisdiction under this to the following records (including auto- address, and telephone number of employer); section, a court may issue a child support mated access, in the case of records main- and order, which must be recognized. tained in automated data bases): ‘‘(ii) in any subsequent child support en- ‘‘(5) The court that has issued an order rec- ‘‘(i) Records of other State and local gov- forcement action between the same parties, ognized under this subsection is the court ernment agencies, including— the tribunal shall be authorized, upon suffi- having continuing, exclusive jurisdiction.’’; ‘‘(I) vital statistics (including records of cient showing that diligent effort has been (11) in subsection (g) (as so redesignated)— marriage, birth, and divorce); made to ascertain such party’s current loca- (A) by striking ‘‘PRIOR’’ and inserting ‘‘(II) State and local tax and revenue tion, to deem due process requirements for ‘‘MODIFIED’’; and records (including information on residence notice and service of process to be met, with (B) by striking ‘‘subsection (e)’’ and insert- address, employer, income and assets); respect to such party, by delivery to the ing ‘‘subsections (e) and (f)’’; ‘‘(III) records concerning real and titled most recent residential or employer address (12) in subsection (h) (as so redesignated)— personal property; so filed pursuant to clause (i). (A) in paragraph (2), by inserting ‘‘includ- ‘‘(IV) records of occupational and profes- ‘‘(B) Procedures under which— ing the duration of current payments and sional licenses, and records concerning the ‘‘(i) the State agency and any administra- other obligations of support’’ before the ownership and control of corporations, part- tive or judicial tribunal with authority to comma; and nerships, and other business entities; hear child support and paternity cases exerts (B) in paragraph (3), by inserting ‘‘arrears ‘‘(V) employment security records; statewide jurisdiction over the parties, and under’’ after ‘‘enforce’’; and ‘‘(VI) records of agencies administering orders issued in such cases have statewide ef- (13) by adding at the end the following new public assistance programs; fect; and subsection: ‘‘(VII) records of the motor vehicle depart- ‘‘(ii) in the case of a State in which orders ‘‘(i) REGISTRATION FOR MODIFICATION.—If ment; and in such cases are issued by local jurisdic- there is no individual contestant or child re- ‘‘(VIII) corrections records. tions, a case may be transferred between ju- siding in the issuing State, the party or sup- ‘‘(ii) Certain records held by private enti- risdictions in the State without need for any port enforcement agency seeking to modify, ties, including— additional filing by the petitioner, or service or to modify and enforce, a child support ‘‘(I) customer records of public utilities of process upon the respondent, to retain ju- order issued in another State shall register and cable television companies; and risdiction over the parties.’’. that order in a State with jurisdiction over ‘‘(II) information (including information (b) EXCEPTIONS FROM STATE LAW REQUIRE- the nonmovant for the purpose of modifica- on assets and liabilities) on individuals who MENTS.—Section 466(d) (42 U.S.C. 666(d)) is tion.’’. owe or are owed support (or against or with amended— SEC. 333. STATE LAWS PROVIDING EXPEDITED respect to whom a support obligation is (1) by striking ‘‘(d) If’’ and inserting ‘‘(d)(1) PROCEDURES. sought) held by financial institutions (sub- Subject to paragraph (2), if’’; and (a) STATE LAW REQUIREMENTS.—Section 466 ject to limitations on liability of such enti- (2) by adding at the end the following new (42 U.S.C. 666), as amended by section 323(b), ties arising from affording such access). paragraph: is amended— ‘‘(F) To order income withholding in ac- ‘‘(2) The Secretary shall not grant an ex- (1) in subsection (a)(2), in the first sen- cordance with subsection (a)(1) and (b) of emption from the requirements of— tence, to read as follows: ‘‘Expedited admin- section 466. ‘‘(A) subsection (a)(5) (concerning proce- istrative and judicial procedures (including ‘‘(G) In cases where support is subject to an dures for paternity establishment); the procedures specified in subsection (c)) for assignment under section 402(a)(26), ‘‘(B) subsection (a)(10) (concerning modi- establishing paternity and for establishing, 471(a)(17), or 1912, or to a requirement to pay fication of orders); S 12856 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘(C) subsection (a)(12) (concerning record- tity must use the same notice provisions nity and support has discretion to waive ing of orders in the central State case reg- used by, the same materials used by, provide rights to all or part of amounts owed to the istry); the personnel providing such services with State (but not to the mother) for costs relat- ‘‘(D) subsection (a)(13) (concerning record- the same training provided by, and evaluate ed to pregnancy, childbirth, and genetic test- ing of social security numbers); the provision of such services in the same ing and for public assistance paid to the fam- ‘‘(E) subsection (a)(14) (concerning inter- manner as, voluntary paternity establish- ily where the father cooperates or acknowl- state enforcement); or ment programs of hospitals and birth record edges paternity before or after genetic test- ‘‘(F) subsection (c) (concerning expedited agencies. ing. procedures), other than paragraph (1)(A) ‘‘(D)(i) Procedures under which a signed ac- ‘‘(M) Procedures ensuring that the puta- thereof (concerning establishment or modi- knowledgment of paternity is considered a tive father has a reasonable opportunity to fication of support amount).’’. legal finding of paternity, subject to the initiate a paternity action.’’. (c) AUTOMATION OF STATE AGENCY FUNC- right of any signatory to rescind the ac- (b) TECHNICAL AMENDMENT.—Section 468 (42 TIONS.—Section 454A, as added by section knowledgment within 60 days. U.S.C. 668) is amended by striking ‘‘a simple 315(a)(2) and as amended by sections 321 and ‘‘(ii)(I) Procedures under which, after the civil process for voluntarily acknowledging 322(c), is amended by adding at the end the 60-day period referred to in clause (i), a paternity and’’. following new subsection: signed acknowledgment of paternity may be SEC. 342. OUTREACH FOR VOLUNTARY PATER- ‘‘(h) EXPEDITED ADMINISTRATIVE PROCE- challenged in court only on the basis of NITY ESTABLISHMENT. DURES.—The automated system required fraud, duress, or material mistake of fact, under this section shall be used, to the maxi- with the burden of proof upon the challenger, (a) STATE PLAN REQUIREMENT.—Section mum extent feasible, to implement any expe- and under which the legal responsibilities 454(23) (42 U.S.C. 654(23)) is amended— dited administrative procedures required (including child support obligations) of any (1) by striking ‘‘(23)’’ and inserting under section 466(c).’’. signatory arising from the acknowledgment ‘‘(23)(A)’’; (2) by inserting ‘‘and’’ after the semicolon; PART V—PATERNITY ESTABLISHMENT may not be suspended during the challenge, except for good cause shown. and SEC. 341. STATE LAWS CONCERNING PATERNITY ‘‘(II) Procedures under which, after the 60- (3) by adding at the end the following new ESTABLISHMENT. day period referred to in clause (i), a minor subparagraph: (a) STATE LAWS REQUIRED.—Section who signs an acknowledgment of paternity ‘‘(B) publicize the availability and encour- 466(a)(5) (42 U.S.C. 666(a)(5)) is amended— other than in the presence of a parent or age the use of procedures for voluntary es- (1) in subparagraph (B)— court-appointed guardian ad litem may re- tablishment of paternity and child support (A) by striking ‘‘(B)’’ and inserting scind the acknowledgment in a judicial or through a variety of means, which— ‘‘(B)(i)’’; administrative proceeding, until the earlier ‘‘(i) include distribution of written mate- (B) in clause (i), as redesignated, by insert- of— rials at health care facilities (including hos- ing before the period ‘‘, where such request is ‘‘(aa) attaining the age of majority; or pitals and clinics), and other locations such supported by a sworn statement— ‘‘(bb) the date of the first judicial or ad- as schools; ‘‘(I) by such party alleging paternity set- ministrative proceeding brought (after the ‘‘(ii) may include pre-natal programs to ting forth facts establishing a reasonable signing) to establish a child support obliga- educate expectant couples on individual and possibility of the requisite sexual contact of tion, visitation rights, or custody rights with joint rights and responsibilities with respect the parties; or respect to the child whose paternity is the to paternity (and may require all expectant ‘‘(II) by such party denying paternity set- subject of the acknowledgment, and at which recipients of assistance under part A to par- ting forth facts establishing a reasonable the minor is represented by a parent, guard- ticipate in such pre-natal programs, as an possibility of the nonexistence of sexual con- ian ad litem, or attorney. element of cooperation with efforts to estab- tact of the parties;’’; and ‘‘(E) Procedures under which no judicial or lish paternity and child support); (C) by inserting after clause (i) (as redesig- administrative proceedings are required or ‘‘(iii) include, with respect to each child nated) the following new clause: permitted to ratify an unchallenged ac- discharged from a hospital after birth for ‘‘(ii) Procedures which require the State knowledgment of paternity. whom paternity or child support has not agency, in any case in which such agency or- ‘‘(F) Procedures requiring— been established, reasonable follow-up ef- ders genetic testing— ‘‘(i) that the State admit into evidence, for forts, providing— ‘‘(I) to pay the costs of such tests, subject purposes of establishing paternity, results of ‘‘(I) in the case of a child for whom pater- to recoupment (where the State so elects) any genetic test that is— nity has not been established, information from the putative father if paternity is es- ‘‘(I) of a type generally acknowledged, by on the benefits of and procedures for estab- tablished; and accreditation bodies designated by the Sec- lishing paternity; and ‘‘(II) to obtain additional testing in any retary, as reliable evidence of paternity; and ‘‘(II) in the case of a child for whom pater- case where an original test result is dis- ‘‘(II) performed by a laboratory approved nity has been established but child support puted, upon request and advance payment by by such an accreditation body; has not been established, information on the the disputing party.’’; ‘‘(ii) that any objection to genetic testing benefits of and procedures for establishing a (2) by striking subparagraphs (C), (D), (E), results must be made in writing not later child support order, and an application for and (F) and inserting the following: than a specified number of days before any child support services;’’. ‘‘(C)(i) Procedures for a simple civil proc- hearing at which such results may be intro- ess for voluntarily acknowledging paternity duced into evidence (or, at State option, not (b) ENHANCED FEDERAL MATCHING.—Section under which the State must provide that, be- later than a specified number of days after 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amend- fore a mother and a putative father can sign receipt of such results); and ed— an acknowledgment of paternity, the puta- ‘‘(iii) that, if no objection is made, the test (1) by inserting ‘‘(i)’’ before ‘‘laboratory tive father and the mother must be given no- results are admissible as evidence of pater- costs’’, and tice, orally, in writing, and in a language nity without the need for foundation testi- (2) by inserting before the semicolon ‘‘, and that each can understand, of the alternatives mony or other proof of authenticity or accu- (ii) costs of outreach programs designed to to, the legal consequences of, and the rights racy.’’; and encourage voluntary acknowledgment of pa- (including, if 1 parent is a minor, any rights (3) by adding after subparagraph (H) the ternity’’. afforded due to minority status) and respon- following new subparagraphs: (c) EFFECTIVE DATES.— sibilities that arise from, signing the ac- ‘‘(I) Procedures providing that the parties (1) IN GENERAL.—The amendments made by knowledgment. to an action to establish paternity are not subsection (a) shall become effective October ‘‘(ii) Such procedures must include a hos- entitled to a jury trial. 1, 1997. pital-based program for the voluntary ac- ‘‘(J) Procedures which require that a tem- (2) EXCEPTION.—The amendments made by knowledgment of paternity focusing on the porary order be issued, upon motion by a subsection (b) shall be effective with respect period immediately before or after the birth party, requiring the provision of child sup- to calendar quarters beginning on and after of a child. port pending an administrative or judicial October 1, 1996. ‘‘(iii) Such procedures must require the determination of parentage, where there is PART VI—ESTABLISHMENT AND State agency responsible for maintaining clear and convincing evidence of paternity MODIFICATION OF SUPPORT ORDERS birth records to offer voluntary paternity es- (on the basis of genetic tests or other evi- tablishment services. dence). SEC. 351. NATIONAL CHILD SUPPORT GUIDE- ‘‘(iv) The Secretary shall prescribe regula- ‘‘(K) Procedures under which bills for preg- LINES COMMISSION. tions governing voluntary paternity estab- nancy, childbirth, and genetic testing are ad- (a) ESTABLISHMENT.—There is hereby es- lishment services offered by hospitals and missible as evidence without requiring third- tablished a commission to be known as the birth record agencies. The Secretary shall party foundation testimony, and shall con- ‘‘National Child Support Guidelines Commis- prescribe regulations specifying the types of stitute prima facie evidence of amounts in- sion’’ (in this section referred to as the other entities that may offer voluntary pa- curred for such services and testing on behalf ‘‘Commission’’). ternity establishment services, and govern- of the child. (b) GENERAL DUTIES.— ing the provision of such services, which ‘‘(L) At the option of the State, procedures (1) IN GENERAL.—The Commission shall de- shall include a requirement that such an en- under which the tribunal establishing pater- termine— September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12857 (A) whether it is appropriate to develop a ment of child support guidelines. At least 1 (2) by striking ‘‘paid to the State. A reduc- national child support guideline for consider- member shall represent advocacy groups for tion’’ and inserting ‘‘paid to the State’’. ation by the Congress or for adoption by in- custodial parents, at least 1 member shall ‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’; dividual States; or represent advocacy groups for noncustodial (3) by striking ‘‘has been assigned’’ and in- (B) based on a study of various guideline parents, and at least 1 member shall be the serting ‘‘has not been assigned’’; and models, the benefits and deficiencies of such director of a State program under part D of (4) by striking ‘‘and shall be applied’’ and models, and any needed improvements. title IV of the Social Security Act. all that follows and inserting ‘‘and shall (2) DEVELOPMENT OF MODELS.—If the Com- (2) TERMS OF OFFICE.—Each member shall thereafter be applied to satisfy any past-due mission determines under paragraph (1)(A) be appointed for a term of 2 years. A vacancy support that has been so assigned.’’. that a national child support guideline is in the Commission shall be filled in the man- (b) ELIMINATION OF DISPARITIES IN TREAT- needed or under paragraph (1)(B) that im- ner in which the original appointment was MENT OF ASSIGNED AND NON-ASSIGNED AR- provements to guideline models are needed, made. REARAGES.— the Commission shall develop such national (e) COMMISSION POWERS, COMPENSATION, AC- (1) IN GENERAL.—Section 464(a) (42 U.S.C. guideline or improvements. CESS TO INFORMATION, AND SUPERVISION.—The 664(a)) is amended— (c) MATTERS FOR CONSIDERATION BY THE first sentence of subparagraph (C), the first (A) in paragraph (1)— COMMISSION.—In making the recommenda- and third sentences of subparagraph (D), sub- (i) in the first sentence, by striking ‘‘which tions concerning guidelines required under paragraph (F) (except with respect to the has been assigned to such State pursuant to subsection (b), the Commission shall con- conduct of medical studies), clauses (ii) and section 402(a)(26) or section 471(a)(17)’’; and sider— (iii) of subparagraph (G), and subparagraph (ii) in the second sentence, by striking ‘‘in (1) the adequacy of State child support (H) of section 1886(e)(6) of the Social Secu- accordance with section 457 (b)(4) or (d)(3)’’ guidelines established pursuant to section rity Act shall apply to the Commission in and inserting ‘‘as provided in paragraph (2)’’; 467 of the Social Security Act; the same manner in which such provisions (B) in paragraph (2), to read as follows: (2) matters generally applicable to all sup- apply to the Prospective Payment Assess- ‘‘(2) The State agency shall distribute port orders, including— ment Commission. amounts paid by the Secretary of the Treas- (A) the feasibility of adopting uniform (f) REPORT.—Not later than 2 years after ury pursuant to paragraph (1)— terms in all child support orders; the appointment of members, the Commis- ‘‘(A) in accordance with subsection (a)(4) or (B) how to define income and under what sion shall submit to the President, the Com- (d)(3) of section 457, in the case of past-due circumstances income should be imputed; mittee on Ways and Means of the House of support assigned to a State pursuant to sec- and Representatives, and the Committee on Fi- tion 402(a)(26) or section 471(a)(17); and (C) tax treatment of child support pay- nance of the Senate, a recommended na- ‘‘(B) to or on behalf of the child to whom ments; tional child support guideline and a final as- the support was owed, in the case of past-due (3) the appropriate treatment of cases in sessment of issues relating to such a pro- support not so assigned.’’; which either or both parents have financial posed national child support guideline. obligations to more than 1 family, including (C) in paragraph (3)— (g) TERMINATION.—The Commission shall the effect (if any) to be given to— (i) by striking ‘‘or (2)’’ each place it ap- terminate 6 months after the submission of pears; and (A) the income of either parent’s spouse; the report described in subsection (e). and (ii) in subparagraph (B), by striking ‘‘under (B) the financial responsibilities of either SEC. 352. SIMPLIFIED PROCESS FOR REVIEW AND paragraph (2)’’ and inserting ‘‘on account of ADJUSTMENT OF CHILD SUPPORT past-due support described in paragraph parent for other children or stepchildren; ORDERS. (4) the appropriate treatment of expenses (2)(B)’’. Section 466(a)(10) (42 U.S.C. 666(a)(10)) is (2) NOTICES OF PAST-DUE SUPPORT.—Section for child care (including care of the children amended to read as follows: of either parent, and work-related or job- 464(b) (42 U.S.C. 664(b)) is amended— ‘‘(10)(A)(i) Procedures under which— (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; training-related child care); ‘‘(I) every 3 years, at the request of either (5) the appropriate treatment of expenses and parent subject to a child support order, the for health care (including uninsured health (B) by striking paragraph (2). State shall review and, as appropriate, ad- care) and other extraordinary expenses for (3) DEFINITION OF PAST-DUE SUPPORT.—Sec- just the order in accordance with the guide- children with special needs; tion 464(c) (42 U.S.C. 664(c)) is amended— lines established under section 467(a) if the (6) the appropriate duration of support by (A) by striking ‘‘(c)(1) Except as provided amount of the child support award under the 1 or both parents, including in paragraph (2), as’’ and inserting ‘‘(c) As’’; order differs from the amount that would be (A) support (including shared support) for and awarded in accordance with such guidelines, post-secondary or vocational education; and (B) by striking paragraphs (2) and (3). without a requirement for any other change (B) support for disabled adult children; (c) TREATMENT OF LUMP-SUM TAX REFUND in circumstances; and (7) procedures to automatically adjust UNDER AFDC.— ‘‘(II) upon request at any time of either child support orders periodically to address (1) EXEMPTION FROM LUMP-SUM RULE.—Sec- parent subject to a child support order, the changed economic circumstances, including tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amend- State shall review and, as appropriate, ad- changes in the consumer price index or ei- ed by inserting before the semicolon at the just the order in accordance with the guide- ther parent’s income and expenses in par- end the following: ‘‘, but this paragraph shall lines established under section 467(a) based ticular cases; not apply to income received by a family on a substantial change in the circumstances (8) procedures to help non-custodial par- that is attributable to a child support obliga- of either such parent. ents address grievances regarding visitation tion owed with respect to a member of the ‘‘(ii) Such procedures shall require both and custody orders to prevent such parents family and that is paid to the family from parents subject to a child support order to be from withholding child support payments amounts withheld from a Federal income tax notified of their rights and responsibilities until such grievances are resolved; and refund otherwise payable to the person provided for under clause (i) at the time the (9) whether, or to what extent, support lev- owing such obligation, to the extent that order is issued and in the annual information els should be adjusted in cases in which cus- such income is placed in a qualified asset ac- exchange form provided under subparagraph tody is shared or in which the noncustodial count (as defined in section 406(i)) the total (B). parent has extended visitation rights. amounts in which, after such placement, ‘‘(B) Procedures under which each child (d) MEMBERSHIP.— does not exceed $10,000’’. support order issued or modified in the State (1) NUMBER; APPOINTMENT.— (2) QUALIFIED ASSET ACCOUNT DEFINED.— after the effective date of this subparagraph (A) IN GENERAL.—The Commission shall be Section 406 (42 U.S.C. 606) is amended by add- composed of 12 individuals appointed jointly shall require the parents subject to the order ing at the end the following new subsection: by the Secretary of Health and Human Serv- to provide each other with a complete state- ‘‘(i)(1) The term ‘qualified asset account’ ices and the Congress, not later than Janu- ment of their respective financial condition means a mechanism approved by the State ary 15, 1997, of which— annually on a form which shall be provided (such as individual retirement accounts, es- (i) 2 shall be appointed by the Chairman of by the State. The Secretary shall establish crow accounts, or savings bonds) that allows the Committee on Finance of the Senate, regulations for the enforcement of such ex- savings of a family receiving aid to families and 1 shall be appointed by the ranking mi- change of information.’’. with dependent children to be used for quali- nority member of the Committee; PART VII—ENFORCEMENT OF SUPPORT fied distributions. (ii) 2 shall be appointed by the Chairman of ORDERS ‘‘(2) The term ‘qualified distribution’ the Committee on Ways and Means of the SEC. 361. FEDERAL INCOME TAX REFUND OFF- means a distribution from a qualified asset House of Representatives, and 1 shall be ap- SET. account for expenses directly related to 1 or pointed by the ranking minority member of (a) CHANGED ORDER OF REFUND DISTRIBU- more of the following purposes: the Committee; and TION UNDER INTERNAL REVENUE CODE.—Sec- ‘‘(A) The attendance of a member of the (iii) 6 shall be appointed by the Secretary tion 6402(c) of the Internal Revenue Code of family at any education or training program. of Health and Human Services. 1986 (relating to offset of past-due support ‘‘(B) The improvement of the employ- (B) QUALIFICATIONS OF MEMBERS.—Members against overpayments) is amended— ability (including self-employment) of a of the Commission shall have expertise and (1) by striking ‘‘The amount’’ and inserting member of the family (such as through the experience in the evaluation and develop- ‘‘(1) IN GENERAL.—The amount’’; purchase of an automobile). S 12858 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘(C) The purchase of a home for the fam- ual’s child support or alimony payment obli- or otherwise (including severance pay, sick ily. gations, such agent shall— pay, and incentive pay); ‘‘(D) A change of the family residence.’’. ‘‘(A) as soon as possible (but not later than ‘‘(B) periodic benefits (including a periodic (d) EFFECTIVE DATE.—The amendments 15 days) thereafter, send written notice of benefit as defined in section 228(h)(3)) or made by this section shall become effective such notice or service (together with a copy other payments— October 1, 1999. thereof) to such individual at his duty sta- ‘‘(i) under the insurance system estab- SEC. 362. INTERNAL REVENUE SERVICE COLLEC- tion or last-known home address; lished by title II; TION OF ARREARAGES. ‘‘(B) not later than 30 days (or such longer ‘‘(ii) under any other system or fund estab- (a) AMENDMENT TO INTERNAL REVENUE period as may be prescribed by applicable lished by the United States which provides CODE.—Section 6305(a) of the Internal Reve- State law) after receipt of a notice pursuant for the payment of pensions, retirement or nue Code of 1986 (relating to collection of to subsection (a)(1) or (b) of section 466, com- retired pay, annuities, dependents’ or survi- certain liability) is amended— ply with all applicable provisions of such vors’ benefits, or similar amounts payable on (1) in paragraph (1), by inserting ‘‘except as section 466; and account of personal services performed by provided in paragraph (5)’’ after ‘‘collected’’; ‘‘(C) not later than 30 days (or such longer the individual or any other individual; (2) by striking ‘‘and’’ at the end of para- period as may be prescribed by applicable ‘‘(iii) as compensation for death under any graph (3); State law) after effective service of any Federal program; (3) by striking the period at the end of other such order, process, or interrogatories, ‘‘(iv) under any Federal program estab- paragraph (4) and inserting ‘‘, and’’; respond thereto. lished to provide ‘black lung’ benefits; or (4) by adding at the end the following new ‘‘(d) In the event that a governmental en- ‘‘(v) by the Secretary of Veterans Affairs tity receives notice or is served with process, paragraph: as pension, or as compensation for a service- as provided in this section, concerning ‘‘(5) no additional fee may be assessed for connected disability or death (except any amounts owed by an individual to more than adjustments to an amount previously cer- compensation paid by such Secretary to a 1 person— tified pursuant to such section 452(b) with re- former member of the Armed Forces who is ‘‘(1) support collection under section 466(b) spect to the same obligor.’’; and in receipt of retired or retainer pay if such must be given priority over any other proc- (5) by striking ‘‘Secretary of Health, Edu- former member has waived a portion of his ess, as provided in section 466(b)(7); cation, and Welfare’’ each place it appears retired pay in order to receive such com- ‘‘(2) allocation of moneys due or payable to pensation); and and inserting ‘‘Secretary of Health and an individual among claimants under section ‘‘(C) worker’s compensation benefits paid Human Services’’. 466(b) shall be governed by the provisions of under Federal or State law; but (b) EFFECTIVE DATE.—The amendments such section 466(b) and regulations there- ‘‘(2) do not include any payment— made by this section shall become effective under; and ‘‘(A) by way of reimbursement or other- October 1, 1997. ‘‘(3) such moneys as remain after compli- wise, to defray expenses incurred by such in- SEC. 363. AUTHORITY TO COLLECT SUPPORT ance with subparagraphs (A) and (B) shall be dividual in carrying out duties associated FROM FEDERAL EMPLOYEES. available to satisfy any other such processes with his employment; or (a) CONSOLIDATION AND STREAMLINING OF on a first-come, first-served basis, with any ‘‘(B) as allowances for members of the uni- AUTHORITIES.—Section 459 (42 U.S.C. 659) is such process being satisfied out of such mon- formed services payable pursuant to chapter amended— eys as remain after the satisfaction of all 7 of title 37, United States Code, as pre- (1) in the heading, by inserting ‘‘INCOME such processes which have been previously scribed by the Secretaries concerned (defined WITHHOLDING,’’ before ‘‘GARNISHMENT’’; served.’’; by section 101(5) of such title) as necessary (2) in subsection (a)— (5) in subsection (f)— for the efficient performance of duty. (A) by striking ‘‘section 207’’ and inserting (A) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; ‘‘(i) In determining the amount of any ‘‘section 207 and section 5301 of title 38, Unit- and moneys due from, or payable by, the United ed States Code’’; and (B) by adding at the end the following new States to any individual, there shall be ex- (B) by striking ‘‘to legal process’’ and all paragraph: cluded amounts which— that follows through the period and inserting ‘‘(2) No Federal employee whose duties in- ‘‘(1) are owed by such individual to the ‘‘to withholding in accordance with State clude taking actions necessary to comply United States; law pursuant to subsections (a)(1) and (b) of with the requirements of subsection (a) with ‘‘(2) are required by law to be, and are, de- section 466 and regulations of the Secretary regard to any individual shall be subject ducted from the remuneration or other pay- thereunder, and to any other legal process under any law to any disciplinary action or ment involved, including Federal employ- brought, by a State agency administering a civil or criminal liability or penalty for, or ment taxes, and fines and forfeitures ordered program under this part or by an individual on account of, any disclosure of information by court-martial; obligee, to enforce the legal obligation of made by him in connection with the carrying ‘‘(3) are properly withheld for Federal, such individual to provide child support or out of such duties.’’; and State, or local income tax purposes, if the alimony.’’; (6) by adding at the end the following new withholding of such amounts is authorized or (3) by striking subsection (b) and inserting subsections: required by law and if amounts withheld are the following new subsection: ‘‘(g) Authority to promulgate regulations not greater than would be the case if such in- ‘‘(b) Except as otherwise provided herein, for the implementation of the provisions of dividual claimed all the dependents that the each entity specified in subsection (a) shall this section shall, insofar as the provisions individual was entitled to (the withholding be subject, with respect to notice to with- of this section are applicable to moneys due of additional amounts pursuant to section hold income pursuant to subsection (a)(1) or from (or payable by)— 3402(i) of the Internal Revenue Code of 1986 (b) of section 466, or to any other order or ‘‘(1) the executive branch of the Federal may be permitted only when such individual process to enforce support obligations Government (including in such branch, for presents evidence of a tax obligation which against an individual (if such order or proc- the purposes of this subsection, the terri- supports the additional withholding); ess contains or is accompanied by sufficient tories and possessions of the United States, ‘‘(4) are deducted as health insurance pre- data to permit prompt identification of the the United States Postal Service, the Postal miums; individual and the moneys involved), to the Rate Commission, any wholly owned Federal ‘‘(5) are deducted as normal retirement same requirements as would apply if such en- corporation created by an Act of Congress, contributions (not including amounts de- tity were a private person.’’; and the government of the District of Colum- ducted for supplementary coverage); or (4) by striking subsections (c) and (d) and bia), be vested in the President (or the Presi- ‘‘(6) are deducted as normal life insurance inserting the following new subsections: dent’s designee); premiums from salary or other remuneration ‘‘(c)(1) The head of each agency subject to ‘‘(2) the legislative branch of the Federal for employment (not including amounts de- the requirements of this section shall— Government, be vested jointly in the Presi- ducted for supplementary coverage). ‘‘(A) designate an agent or agents to re- dent pro tempore of the Senate and the ‘‘(j) For purposes of this section—’’. ceive orders and accept service of process; Speaker of the House of Representatives (or (b) TRANSFER OF SUBSECTIONS.—Sub- and their designees); and sections (a) through (d) of section 462 (42 ‘‘(B) publish— ‘‘(3) the judicial branch of the Federal Gov- U.S.C. 662), are transferred and redesignated ‘‘(i) in the appendix of such regulations; ernment, be vested in the Chief Justice of as paragraphs (1) through (4), respectively, of ‘‘(ii) in each subsequent republication of the United States (or the Chief Justice’s des- section 459(j) (as added by subsection (a)(6)), such regulations; and ignee). and the left margin of each of such para- ‘‘(iii) annually in the Federal Register, ‘‘(h) Subject to subsection (i), moneys paid graphs (1) through (4) is indented 2 ems to the designation of such agent or agents, or payable to an individual which are consid- the right of the left margin of subsection (j) identified by title of position, mailing ad- ered to be based upon remuneration for em- (as added by subsection (a)(6)). dress, and telephone number. ployment, for purposes of this section— (c) CONFORMING AMENDMENTS.— ‘‘(2) Whenever an agent designated pursu- ‘‘(1) consist of— (1) TO PART D OF TITLE IV.—Sections 461 and ant to paragraph (1) receives notice pursuant ‘‘(A) compensation paid or payable for per- 462 (42 U.S.C. 661) are repealed. to subsection (a)(1) or (b) of section 466, or is sonal services of such individual, whether (2) TO TITLE 5, UNITED STATES CODE.—Sec- effectively served with any order, process, or such compensation is denominated as wages, tion 5520a of title 5, United States Code, is interrogatories, with respect to an individ- salary, commission, bonus, pay, allowances, amended, in subsections (h)(2) and (i), by September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12859 striking ‘‘sections 459, 461, and 462 of the So- the locator service to indicate the new ad- tired pay of a member to satisfy the amount cial Security Act (42 U.S.C. 659, 661, and 662)’’ dress of the member. of child support set forth in a court order or each place it appears and inserting ‘‘section (4) AVAILABILITY OF INFORMATION.—The an order of an administrative process estab- 459 of the Social Security Act (42 U.S.C. Secretary of Defense shall make information lished under State law shall apply to pay- 659)’’. regarding the address of a member of the ment of any amount of child support arrear- (d) MILITARY RETIRED AND RETAINER PAY.— Armed Forces listed in the locator service ages set forth in that order as well as to Section 1408 of title 10, United States Code, available, on request, to the Federal Parent amounts of child support that currently be- is amended— Locator Service. come due.’’. (1) in subsection (a)— (b) FACILITATING GRANTING OF LEAVE FOR SEC. 365. VOIDING OF FRAUDULENT TRANSFERS. (A) in paragraph (1)— ATTENDANCE AT HEARINGS.— Section 466(a) (42 U.S.C. 666(a)), as amended (i) in subparagraph (B), by striking ‘‘and’’; (1) REGULATIONS.—The Secretary of each by sections 302(a), 326(a), and 331, is amended (ii) in subparagraph (C), by striking the pe- military department, and the Secretary of by adding at the end the following new para- riod and inserting ‘‘; and’’; and Transportation with respect to the Coast graph: (iii) by adding at the end the following new Guard when it is not operating as a service ‘‘(15) Procedures under which— subparagraph: in the Navy, shall prescribe regulations to ‘‘(A) the State has in effect— ‘‘(D) any administrative or judicial tribu- facilitate the granting of leave to a member ‘‘(i) the Uniform Fraudulent Conveyance nal of a State competent to enter orders for of the Armed Forces under the jurisdiction Act of 1981, support or maintenance (including a State of that Secretary in a case in which— ‘‘(ii) the Uniform Fraudulent Transfer Act agency administering a State program under (A) the leave is needed for the member to of 1984, or part D of title IV of the Social Security attend a hearing described in paragraph (2); ‘‘(iii) another law, specifying indicia of Act).’’; (B) the member is not serving in or with a fraud which create a prima facie case that a (B) in paragraph (2), by inserting ‘‘or a unit deployed in a contingency operation (as debtor transferred income or property to court order for the payment of child support defined in section 101 of title 10, United avoid payment to a child support creditor, not included in or accompanied by such a de- States Code); and which the Secretary finds affords com- cree or settlement,’’ before ‘‘which—’’; (C) the exigencies of military service (as parable rights to child support creditors; and (2) in subsection (d)— determined by the Secretary concerned) do ‘‘(B) in any case in which the State knows (A) in the heading, by inserting ‘‘(OR FOR not otherwise require that such leave not be of a transfer by a child support debtor with BENEFIT OF)’’ after ‘‘CONCERNED’’; and granted. respect to which such a prima facie case is (B) in paragraph (1), in the first sentence, (2) COVERED HEARINGS.—Paragraph (1) ap- established, the State must— by inserting ‘‘(or for the benefit of such plies to a hearing that is conducted by a ‘‘(i) seek to void such transfer; or spouse or former spouse to a State central court or pursuant to an administrative proc- ‘‘(ii) obtain a settlement in the best inter- collections unit or other public payee des- ess established under State law, in connec- ests of the child support creditor.’’. ignated by a State, in accordance with part tion with a civil action— SEC. 366. STATE LAW AUTHORIZING SUSPENSION D of title IV of the Social Security Act, as (A) to determine whether a member of the OF LICENSES. directed by court order, or as otherwise di- Armed Forces is a natural parent of a child; Section 466(a) (42 U.S.C. 666(a)), as amended rected in accordance with such part D)’’ be- or by sections 302(a), 326(a), 331, and 365, is fore ‘‘in an amount sufficient’’; and (B) to determine an obligation of a member amended by adding at the end the following (3) by adding at the end the following new of the Armed Forces to provide child sup- new paragraph: subsection: port. ‘‘(16) Procedures under which the State has ‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any (3) DEFINITIONS.—For purposes of this sub- (and uses in appropriate cases) authority case involving a child support order against section: (subject to appropriate due process safe- a member who has never been married to the (A) The term ‘‘court’’ has the meaning guards) to withhold or suspend, or to restrict other parent of the child, the provisions of given that term in section 1408(a) of title 10, the use of driver’s licenses, professional and this section shall not apply, and the case United States Code. occupational licenses, and recreational li- shall be subject to the provisions of section (B) The term ‘‘child support’’ has the censes of individuals owing overdue child 459 of the Social Security Act.’’. meaning given such term in section 462 of support or failing, after receiving appro- (e) EFFECTIVE DATE.—The amendments the Social Security Act (42 U.S.C. 662). priate notice, to comply with subpoenas or made by this section shall become effective 6 (c) PAYMENT OF MILITARY RETIRED PAY IN warrants relating to paternity or child sup- months after the date of the enactment of COMPLIANCE WITH CHILD SUPPORT ORDERS.— port proceedings.’’. this Act. Section 1408 of title 10, United States Code, SEC. 367. REPORTING ARREARAGES TO CREDIT SEC. 364. ENFORCEMENT OF CHILD SUPPORT OB- as amended by section 363(d)(3), is amended— BUREAUS. LIGATIONS OF MEMBERS OF THE (1) by redesignating subsections (i) and (j) Section 466(a)(7) (42 U.S.C. 666(a)(7)) is ARMED FORCES. as subsections (j) and (k), respectively; amended to read as follows: (a) AVAILABILITY OF LOCATOR INFORMA- (2) by inserting after subsection (h) the fol- ‘‘(7)(A) Procedures (subject to safeguards TION.— lowing new subsection: pursuant to subparagraph (B)) requiring the (1) MAINTENANCE OF ADDRESS INFORMA- ‘‘(i) CERTIFICATION DATE.—It is not nec- State to report periodically to consumer re- TION.—The Secretary of Defense shall estab- essary that the date of a certification of the porting agencies (as defined in section 603(f) lish a centralized personnel locator service authenticity or completeness of a copy of a of the Fair Credit Reporting Act (15 U.S.C. that includes the address of each member of court order or an order of an administrative 1681a(f)) the name of any absent parent who the Armed Forces under the jurisdiction of process established under State law for child is delinquent in the payment of support, and the Secretary. Upon request of the Secretary support received by the Secretary concerned the amount of overdue support owed by such of Transportation, addresses for members of for the purposes of this section be recent in parent. the Coast Guard shall be included in the cen- relation to the date of receipt by the Sec- ‘‘(B) Procedures ensuring that, in carrying tralized personnel locator service. retary.’’; and out subparagraph (A), information with re- (2) TYPE OF ADDRESS.— (3) in subsection (d)— spect to an absent parent is reported— (A) RESIDENTIAL ADDRESS.—Except as pro- (A) in paragraph (1), by inserting after the ‘‘(i) only after such parent has been af- vided in subparagraph (B), the address for a first sentence the following: ‘‘In the case of forded all due process required under State member of the Armed Forces shown in the a spouse or former spouse who, pursuant to law, including notice and a reasonable oppor- locator service shall be the residential ad- section 402(a)(26) of the Social Security Act tunity to contest the accuracy of such infor- dress of that member. (42 U.S.C. 602(26)), assigns to a State the mation; and (B) DUTY ADDRESS.—The address for a rights of the spouse or former spouse to re- ‘‘(ii) only to an entity that has furnished member of the Armed Forces shown in the ceive support, the Secretary concerned may evidence satisfactory to the State that the locator service shall be the duty address of make the child support payments referred to entity is a consumer reporting agency.’’. that member in the case of a member— in the preceding sentence to that State in SEC. 368. EXTENDED STATUTE OF LIMITATION (i) who is permanently assigned overseas, amounts consistent with that assignment of FOR COLLECTION OF ARREARAGES. to a vessel, or to a routinely deployable unit; rights.’’; and (a) IN GENERAL.—Section 466(a)(9) (42 or (B) by adding at the end the following new U.S.C. 666(a)(9)) is amended— (ii) with respect to whom the Secretary paragraph: (1) by redesignating subparagraphs (A), (B), concerned makes a determination that the ‘‘(6) In the case of a court order or an order and (C) as clauses (i), (ii), and (iii), respec- member’s residential address should not be of an administrative process established tively; disclosed due to national security or safety under State law for which effective service is (2) by striking ‘‘(9)’’ and inserting ‘‘(9)(A)’’; concerns. made on the Secretary concerned on or after and (3) UPDATING OF LOCATOR INFORMATION.— the date of the enactment of this paragraph (3) by adding at the end the following new Not later than 30 days after a member listed and which provides for payments from the subparagraph: in the locator service establishes a new resi- disposable retired pay of a member to satisfy ‘‘(B) Procedures under which the statute of dential address (or a new duty address, in the the amount of child support set forth in the limitations on any arrearages of child sup- case of a member covered by paragraph order, the authority provided in paragraph port extends at least until the child owed (2)(B)), the Secretary concerned shall update (1) to make payments from the disposable re- such support is 30 years of age.’’. S 12860 CONGRESSIONAL RECORD — SENATE September 7, 1995

(b) APPLICATION OF REQUIREMENT.—The tion 452(l) of the Social Security Act, that an year, to be used for payment of 90 percent of amendment made by this section shall not be individual owes arrearages of child support State expenditures for the purposes specified interpreted to require any State law to re- in excess of $5,000 or in an amount exceeding in subsection (a). vive any payment obligation which had 24 months’ worth of child support, shall ‘‘(2) SUPPLEMENTARY USE.—Payments lapsed prior to the effective date of such refuse to issue a passport to such individual, under this section shall be used by a State to State law. and may revoke, restrict, or limit a passport supplement (and not to substitute for) ex- SEC. 369. CHARGES FOR ARREARAGES. issued previously to such individual. penditures by the State, for activities speci- (a) STATE LAW REQUIREMENT.—Section (2) LIMIT ON LIABILITY.—The Secretary of fied in subsection (a), at a level at least 466(a) (42 U.S.C. 666(a)), as amended by sec- State shall not be liable to an individual for equal to the level of such expenditures for tions 302(a), 326(a), 331, 365, and 367, is amend- any action with respect to a certification by fiscal year 1994. ed by adding at the end the following new a State agency under this section. ‘‘(c) ALLOTMENTS TO STATES.— paragraph: (c) EFFECTIVE DATE.—This section and the ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(17) Procedures providing for the calcula- amendments made by this section shall be- section (b), each State shall be entitled (sub- tion and collection of interest or penalties come effective October 1, 1996. ject to paragraph (2)) to an amount for each for arrearages of child support, and for dis- PART VIII—MEDICAL SUPPORT fiscal year bearing the same ratio to the amount authorized to be appropriated pursu- tribution of such interest or penalties col- SEC. 381. TECHNICAL CORRECTION TO ERISA lected for the benefit of the child (except DEFINITION OF MEDICAL CHILD ant to subsection (a) for such fiscal year as where the right to support has been assigned SUPPORT ORDER. the number of children in the State living to the State).’’. (a) IN GENERAL.—Section 609(a)(2)(B) of the with only 1 biological parent bears to the (b) REGULATIONS.—The Secretary of Health Employee Retirement Income Security Act total number of such children in all States. and Human Services shall establish by regu- of 1974 (29 U.S.C. 1169(a)(2)(B)) is amended— ‘‘(2) MINIMUM ALLOTMENT.—Allotments to lation a rule to resolve choice of law con- (1) by striking ‘‘issued by a court of com- States under paragraph (1) shall be adjusted flicts arising in the implementation of the petent jurisdiction’’; as necessary to ensure that no State is allot- amendment made by subsection (a). (2) in clause (ii) by striking the period and ted less than $50,000 for fiscal year 1996 or (c) CONFORMING AMENDMENT.—Section inserting a comma; and 1997, or $100,000 for any succeeding fiscal 454(21) (42 U.S.C. 654(21)) is repealed. (3) by adding after clause (ii), the following year. (d) EFFECTIVE DATE.—The amendments flush left language: ‘‘(d) FEDERAL ADMINISTRATION.—The pro- made by this section shall be effective with ‘‘if such judgment, decree, or order (I) is is- gram under this section shall be adminis- respect to arrearages accruing on or after sued by a court of competent jurisdiction or tered by the Administration for Children and October 1, 1998. (II) is issued by an administrative adjudica- Families. SEC. 370. DENIAL OF PASSPORTS FOR tor and has the force and effect of law under ‘‘(e) STATE PROGRAM ADMINISTRATION.— NONPAYMENT OF CHILD SUPPORT. applicable State law.’’. ‘‘(1) IN GENERAL.—Each State may admin- (a) HHS CERTIFICATION PROCEDURE.— (b) EFFECTIVE DATE.— ister the program under this section directly (1) SECRETARIAL RESPONSIBILITY.—Section (1) IN GENERAL.—The amendments made by or through grants to or contracts with 452 (42 U.S.C. 652), as amended by sections this section shall become effective on the courts, local public agencies, or nonprofit 315(a)(3) and 317, is amended by adding at the date of the enactment of this Act. private entities. end the following new subsection: (2) PLAN AMENDMENTS NOT REQUIRED UNTIL ‘‘(2) STATEWIDE PLAN PERMISSIBLE.—State ‘‘(l)(1) If the Secretary receives a certifi- JANUARY 1, 1996.— programs under this section may, but need cation by a State agency in accordance with (A) IN GENERAL.—Any amendment to a plan not, be statewide. the requirements of section 454(29) that an required to be made by an amendment made ‘‘(3) EVALUATION.—States administering individual owes arrearages of child support by this section shall not be required to be programs under this section shall monitor, in an amount exceeding $5,000 or in an made before the first plan year beginning on evaluate, and report on such programs in ac- amount exceeding 24 months’ worth of child or after January 1, 1996, if— cordance with requirements established by support, the Secretary shall transmit such (i) during the period after the date before the Secretary.’’. certification to the Secretary of State for the date of the enactment of this Act and be- Subtitle B—Effect of Enactment action (with respect to denial, revocation, or fore such first plan year, the plan is operated SEC. 395. EFFECTIVE DATES. limitation of passports) pursuant to section in accordance with the requirements of the 370(b) of the Interstate Child Support Re- amendments made by this section; and (a) IN GENERAL.—Except as otherwise spe- sponsibility Act of 1995. (ii) such plan amendment applies retro- cifically provided (but subject to subsections ‘‘(2) The Secretary shall not be liable to an actively to the period after the date before (b) and (c))— individual for any action with respect to a the date of the enactment of this Act and be- (1) provisions of subtitle A requiring enact- certification by a State agency under this fore such first plan year. ment or amendment of State laws under sec- tion 466 of the Social Security Act, or revi- section.’’. (B) NO FAILURE FOR COMPLIANCE WITH THIS sion of State plans under section 454 of such (2) STATE CSE AGENCY RESPONSIBILITY.— PARAGRAPH.—A plan shall not be treated as Section 454 (42 U.S.C. 654), as amended by failing to be operated in accordance with the Act, shall be effective with respect to periods sections 301(a), 305(a), 314(b), and 322(a), is provisions of the plan merely because it op- beginning on and after October 1, 1996; and amended— erates in accordance with this paragraph. (2) all other provisions of subtitle A shall (A) by striking ‘‘and’’ at the end of para- become effective upon the date of the enact- PART IX—ACCESS AND VISITATION ment of this Act. graph (27); PROGRAMS (B) by striking the period at the end of (b) GRACE PERIOD FOR STATE LAW paragraph (28) and inserting ‘‘; and’’; and SEC. 391. GRANTS TO STATES FOR ACCESS AND CHANGES.—The provisions of subtitle A shall VISITATION PROGRAMS. (C) by adding after paragraph (28) the fol- become effective with respect to a State on Part D of title IV is amended by adding at lowing new paragraph: the later of— the end the following new section: ‘‘(29) provide that the State agency will (1) the date specified in subtitle A, or have in effect a procedure (which may be ‘‘GRANTS TO STATES FOR ACCESS AND (2) the effective date of laws enacted by the combined with the procedure for tax refund VISITATION PROGRAMS legislature of such State implementing such offset under section 464) for certifying to the ‘‘SEC. 469A. (a) PURPOSES; AUTHORIZATION provisions, Secretary, for purposes of the procedure OF APPROPRIATIONS.—For purposes of ena- but in no event later than the first day of the under section 452(l) (concerning denial of bling States to establish and administer pro- first calendar quarter beginning after the passports) determinations that individuals grams to support and facilitate absent par- close of the first regular session of the State owe arrearages of child support in an amount ents’ access to and visitation of their chil- legislature that begins after the date of the exceeding $5,000 or in an amount exceeding 24 dren, by means of activities including medi- enactment of this Act. For purposes of the months’ worth of child support, under which ation (both voluntary and mandatory), coun- previous sentence, in the case of a State that procedure— seling, education, development of parenting has a 2-year legislative session, each year of ‘‘(A) each individual concerned is afforded plans, visitation enforcement (including such session shall be deemed to be a separate notice of such determination and the con- monitoring, supervision, and neutral drop-off regular session of the State legislature. sequences thereof, and an opportunity to and pickup), and development of guidelines (c) GRACE PERIOD FOR STATE CONSTITU- contest the determination; and for visitation and alternative custody ar- TIONAL AMENDMENT.—A State shall not be ‘‘(B) the certification by the State agency rangements, there are authorized to be ap- found out of compliance with any require- is furnished to the Secretary in such format, propriated $5,000,000 for each of fiscal years ment enacted by subtitle A if it is unable to and accompanied by such supporting docu- 1996 and 1997, and $10,000,000 for each succeed- comply without amending the State con- mentation, as the Secretary may require.’’. ing fiscal year. stitution until the earlier of— (b) STATE DEPARTMENT PROCEDURE FOR DE- ‘‘(b) PAYMENTS TO STATES.— (1) the date which is 1 year after the effec- NIAL OF PASSPORTS.— ‘‘(1) IN GENERAL.—Each State shall be enti- tive date of the necessary State constitu- (1) IN GENERAL.—The Secretary of State, tled to payment under this section for each tional amendment, or upon certification by the Secretary of Health fiscal year in an amount equal to its allot- (2) the date which is 5 years after the date and Human Services, in accordance with sec- ment under subsection (c) for such fiscal of the enactment of this Act. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12861 SEC. 396. SEVERABILITY. or combination of impairments was deter- ‘‘(C) For purposes of this paragraph, the If any provision of subtitle A or the appli- mined to be disabling in accordance with applicable household size shall be deter- cation thereof to any person or circumstance regulations that were not subject to revision mined by the number of eligible blind and is held invalid, the invalidity shall not affect pursuant to subsection (a). disabled children under the age of 18 in such other provisions or applications of subtitle A (2) NOTICE.—In any case in which the Com- household whose countable income and re- which can be given effect without regard to missioner initiates a review under this sub- sources do not exceed the limits specified in the invalid provision or application, and to section, the Commissioner shall notify the section 1611(a)(1).’’. this end the provisions of subtitle A shall be individual whose case is to be reviewed in (b) PRESERVATION OF MEDICAID ELIGI- severable. the same manner as required under section BILITY.—Section 1634 (42 U.S.C. 1383c) is TITLE IV—SUPPLEMENTAL SECURITY 221(i)(4) of the Social Security Act (42 U.S.C. amended by adding at the end the following INCOME 421(i)(4)). new subsection: SEC. 401. REVISED REGULATIONS APPLICABLE SEC. 402. DIRECTORY OF SERVICES. ‘‘(f) Any child under the age of 18 who TO THE DETERMINATION OF DIS- Section 1631 (42 U.S.C. 1383) is amended by would be eligible for a payment under this ABILITY IN INDIVIDUALS UNDER redesignating the second subsection (n) (re- title but for the limitation on payment THE AGE OF 18. lating to notice requirements) as subsection amount imposed by section 1611(b)(3) shall be (a) REGULATIONS APPLICABLE TO THE DE- (o) and by adding at the end the following deemed receiving such benefit for purposes of TERMINATION OF DISABILITY IN INDIVIDUALS new subsection: establishing such child’s eligibility for medi- UNDER THE AGE OF 18.— ‘‘Directory of Services cal assistance under a State plan approved (1) IN GENERAL.—The Commissioner of So- under title XIX of this Act.’’. ‘‘(p) For the purpose of expanding the in- cial Security (hereafter in this section re- formation base available to members of the (c) CONFORMING AMENDMENT.—Section ferred to as the ‘‘Commissioner’’) is directed public who contact the Social Security Ad- 1618(e) (42 U.S.C. 1382g(e)) is amended by add- to issue revised regulations applicable to the ministration, the Commissioner of Social Se- ing at the end the following new paragraph: determination of disability in individuals curity shall establish a directory of services ‘‘(3) In determining whether the require- under the age of 18 for purposes of establish- for disabled children that are available with- ments of paragraph (1) of this subsection are ing eligibility for supplemental security in- in the area served by each Social Security met, the difference between the benefit come benefits under title XVI of the Social Administration office. Each such directory amounts authorized by section 1611(b)(1) and Security Act that ensure that such eligi- shall include the names of service providers, the benefits authorized after the application bility is limited to those individuals whose along with each provider’s address and tele- of section 1611(b)(3) shall be disregarded. impairments are sufficiently severe as to phone number, and shall be accessible elec- ‘‘(4) For purposes of determining compli- meet the statutory definition of disability tronically by all agency personnel who pro- ance with section 1618(b), decreases or in- contained in section 1614(a)(3)(A) of such Act vide direct service to the public.’’. creases in a State’s expenditures in a 12- (42 U.S.C. 1382c(a)(3)(A)). month period due solely to reductions in (2) SPECIFIC REQUIREMENTS.— SEC. 403. USE OF STANDARDIZED TESTS AND THEIR EQUIVALENT. amounts of benefits paid pursuant to section (A) IN GENERAL.—The regulations described 1611(b)(3) shall be disregarded.’’. in paragraph (1) shall provide that an indi- Section 1614(a)(3)(H) (42 U.S.C. 1382c(a)(3)(H)) is amended— (d) EFFECTIVE DATE.—The amendments vidual under the age of 18 may be determined made by this section shall take effect— to be under a disability only if the individ- (1) by inserting ‘‘(i)’’ after ‘‘(H)’’; and (2) by adding after and below the end the (1) on the date of the enactment of this ual’s impairment or combination of impair- Act, with respect to payments made on the ments is so severe as to cause, at minimum— following: ‘‘(ii) In making any determination under basis of determinations of eligibility made (i) a marked limitation in at least 2 do- on or after such date, and mains of functioning or development; or this title with respect to the disability of an individual who is under the age of 18, the (2) 180 days after the date of the enactment (ii) an extreme limitation in at least 1 such of this Act, with respect to payments made domain. Commissioner shall use— ‘‘(I) standardized tests that provide meas- for months beginning after such date on the OMAIN DEFINED.—As used in subpara- (B) D basis of determinations of eligibility made graph (A), the term ‘‘domain’’ refers to a ures of childhood development or function- before the date of the enactment of this Act. broad but, to the maximum extent prac- ing, or ticable, discrete area of function or develop- ‘‘(II) criteria of childhood development or SEC. 405. TREATMENT REQUIREMENTS FOR DIS- ment that can be identified in infancy and function that are equivalent to the findings ABLED INDIVIDUALS UNDER THE AGE OF 18. traced through an individual’s maturation. of a standardized test, Subject to subparagraph (C), the Commis- whenever such tests or criteria are available (a) IN GENERAL.—Section 1631(a)(2) (42 sioner shall specify domains and describe the and the Commissioner determines their use U.S.C. 1383(a)(2)) is amended— age-appropriate activities and behaviors that to be appropriate.’’. (1) by redesignating subparagraphs (E) and characterize each domain. Under no cir- SEC. 404. GRADUATED BENEFITS FOR ADDI- (F) as subparagraphs (F) and (G), respec- cumstance may the Commissioner specify a TIONAL CHILDREN. tively; and domain of maladaptive behavior or consider (a) IN GENERAL.—Section 1611(b) of the So- (2) by inserting after subparagraph (D) the the limitations caused by such behavior in cial Security Act (42 U.S.C. 1382(b)) is amend- following new subparagraph: more than 1 domain. ed by adding at the end the following new ‘‘(E)(i) Not later than 3 months after the (C) LIMITATION ON NUMBER OF DOMAINS.— paragraph: Commissioner determines that an individual For the purpose of making individualized ‘‘(3)(A) The benefit under this title for each under the age of 18 is eligible for benefits functional assessments in individuals under eligible blind or disabled individual as deter- under this title by reason of disability (and the age of 18, the Commissioner shall specify mined pursuant to section 1611(a)(1) who— periodically thereafter, as the Commissioner a set of domains consisting of fewer domains ‘‘(i) is a child under the age of 18, may require), the representative payee of than the number in use for such purpose on ‘‘(ii) lives in the same household as 1 or such individual shall file with the State the date of the enactment of this Act. more persons who are also eligible blind or agency that makes disability determinations (3) DEADLINE.—The Commissioner shall disabled children under the age of 18, and on behalf of the Commissioner of Social Se- issue the regulations required by this sub- ‘‘(iii) does not live in a group or foster curity in the State in which such individual section not later than the last day of the home, resides, a copy of the treatment plan re- ninth month that begins after the date of the shall be equal to the applicable percentage of quired by clause (ii). enactment of this Act. the amount in section 1611(b)(1), reduced by ‘‘(ii) The treatment plan required by this (b) DISABILITY REVIEW REQUIRED FOR CER- the amount of any income of such child, in- clause shall be developed by the individual’s TAIN RECIPIENTS.— cluding income deemed to such child under treating physician or other medical provider, (1) IN GENERAL.—During the period that be- section 1614(f)(2). or if approved by the Commissioner, other gins on the effective date of the regulations ‘‘(B) For purposes of this paragraph, the service provider, and shall describe the serv- required by subsection (a) and that ends 2 applicable percentage shall be determined ices that such physician or provider deter- years after such date, the Commissioner under the following table: mines is appropriate for the treatment of shall redetermine the eligibility for supple- The applicable such individual’s impairment or combination mental security income benefits under title percentage for each of impairments. Such plan shall be in such XVI of the Social Security Act by reason of ‘‘If the household has: eligible child is: form and contain such information as the disability of each individual receiving such 2 eligible children ...... 90 percent Commissioner may prescribe. benefits on the basis of a finding of disability 3 eligible children ...... 80 percent ‘‘(iii) The representative payee of any indi- made before the effective date of such regu- 4 eligible children ...... 70 percent vidual described in clause (i) shall provide lations. The provisions of section 1614(a)(4) of 5 eligible children ...... 65 percent evidence of adherence to the treatment plan such Act (42 U.S.C. 1382c(a)(4)) shall not 6 eligible children ...... 60 percent described in clause (ii) at the time of any re- apply to redeterminations conducted pursu- 7 eligible children ...... 55 percent determination of eligibility conducted pursu- ant to this paragraph. The Commissioner 8 eligible children ...... 50 percent ant to section 1614(a)(3)(G)(ii), and at such shall except from the requirement of this 9 eligible children or other time as the Commissioner may pre- paragraph any individual whose impairment more ...... 45 percent scribe. S 12862 CONGRESSIONAL RECORD — SENATE September 7, 1995

‘‘(iv) The failure of a representative payee such individual an account in a financial in- (c) EXCLUSION FROM INCOME.—Section to comply without good cause with the re- stitution into which such benefits shall be 1612(b) (42 U.S.C. 1382a(b)) is amended— quirements of clause (i) or (iii) shall con- paid, and shall thereafter maintain such ac- (1) by striking ‘‘and’’ at the end of para- stitute misuse of benefits to which subpara- count for use in accordance with clause (ii). graph (19); graph (A)(iii) (but not subparagraph (F)) ‘‘(II) Benefits described in this subclause (2) by striking the period at the end of shall apply. In providing for an alternative are past-due monthly benefits under this paragraph (20) and inserting ‘‘; and’’; and representative payee as required by subpara- title (which, for purposes of this subclause, (3) by adding at the end the following new graph (A)(iii), the Commissioner shall give include State supplementary payments made paragraph: preference to the State agency that admin- by the Commissioner pursuant to an agree- ‘‘(21) the interest or other earnings on any isters the State plan approved under title ment under section 1616 or section 212(b) of account established and maintained in ac- XIX for the State in which the individual de- Public Law 93–66) in an amount (after any cordance with section 1631(a)(2)(F).’’. scribed in clause (i) resides or any other withholding by the Commissioner for reim- (d) CONFORMING AMENDMENT.—Section State agency designated by the State for bursement to a State for interim assistance 1631(a)(2)(E)(iv) of the Act (as added by sec- such responsibility, unless the Commissioner under subsection (g)) that exceeds the prod- tion 405(a)) is amended by striking ‘‘subpara- determines that selection of another organi- uct of— graph (F)’’ and inserting ‘‘subparagraph zation or person would be appropriate. Any ‘‘(aa) 6, and (G)’’. such State agency that serves as a represent- ‘‘(bb) the maximum monthly benefit pay- (e) EFFECTIVE DATE.—This section shall ative payee shall be a ‘qualified organiza- able under this title to an eligible individual. take effect on the date which is 180 days tion’ for purposes of subparagraph (D) of this ‘‘(ii)(I) A representative payee may use after the date of the enactment of this Act. paragraph. funds in the account established under SEC. 407. CONTINUING DISABILITY REVIEWS FOR ‘‘(v) This subparagraph shall not apply to clause (i) to pay for allowable expenses de- INDIVIDUALS UNDER THE AGE OF 18. the representative payee of any individual scribed in subclause (II). (a) IN GENERAL.—Section 1614(a)(3) (42 with respect to whom the Commissioner de- ‘‘(II) An allowable expense described in U.S.C. 1382c(a)(3)) is amended by redesignat- termines such application would be inappro- this subclause is an expense for— ing subparagraph (H) as subparagraph (I) and priate or unnecessary. In making such deter- ‘‘(aa) education or job skills training; by inserting after subparagraph (G) the fol- minations, the Commissioner shall take into ‘‘(bb) personal needs assistance; lowing new subparagraph— consideration the nature of the individual’s ‘‘(cc) special equipment; ‘‘(H)(i)(I) Except as provided in subclauses impairment (or combination of impairments) ‘‘(dd) housing modification; (II), (III), and (IV), the Commissioner of So- and the availability of treatment for such ‘‘(ee) medical treatment; cial Security shall redetermine the eligi- ‘‘(ff) therapy or rehabilitation; or impairment (or impairments). Section 1631(c) bility for benefits under this title by reason ‘‘(gg) any other item or service that the shall not apply to a finding by the Commis- of disability of each individual under the age Commissioner determines to be appropriate; of 18 at least once every 3 years. sioner that the requirements of this subpara- provided that such expense benefits such in- graph should not apply to an individual’s ‘‘(II) In any case in which the Commis- dividual and, in the case of an expense de- sioner does not expect improvement in the representative payee.’’. scribed in division (cc), (dd), (ff), or (gg), is (b) ACCESS TO MEDICAID RECORDS.— condition of such an individual, the redeter- related to the impairment (or combination (1) REQUIREMENT TO FURNISH INFORMA- mination of eligibility for such benefits shall of impairments) of such individual. be made at such times as the Commissioner TION.—Section 1902(a) (42 U.S.C. 1396a(a)) is ‘‘(III) The use of funds from an account es- determines to be appropriate. amended— tablished under clause (i) in any manner not ‘‘(III) In any case in which the Commis- (A) by striking ‘‘and’’ at the end of para- authorized by this clause— sioner determines that the condition of such graph (61); ‘‘(aa) by a representative payee shall con- an individual may be expected to improve (B) by striking the period at the end of stitute misuse of benefits for all purposes of within 3 years, such redetermination shall be paragraph (62) and inserting ‘‘; and’’; and this paragraph, and any representative payee made at more frequent intervals. (C) by adding after paragraph (62) the fol- who knowingly misuses benefits from such ‘‘(IV) The Commissioner shall redetermine lowing new paragraph: an account shall be liable to the Commis- the eligibility for benefits under this title by ‘‘(63) provide that the State agency that sioner in an amount equal to the total reason of disability of each individual whose administers the plan described in this sec- amount of such misused benefits; and low birth weight is a contributing factor ma- tion shall make available to the Commis- ‘‘(bb) by an eligible individual who is his or terial to the Commissioner’s determination sioner of Social Security such information as her own representative payee shall be consid- that the individual is disabled. Such redeter- the Commissioner may request in connection ered an overpayment subject to recovery mination shall be made not later than 18 with the verification of information fur- under subsection (b). nished to the Commissioner by a representa- ‘‘(IV) This clause shall continue to apply months after such individual was initially tive payee pursuant to section to funds in the account after the child has determined to be eligible for such benefits on 1631(a)(2)(E)(iii).’’. reached age 18, regardless of whether bene- the basis, in whole or in part, of low birth (2) REIMBURSEMENT OF STATE COSTS.—Sec- fits are paid directly to the beneficiary or weight. tion 1633 (42 U.S.C. 1383b) is amended by add- through a representative payee. ‘‘(ii) The Commissioner shall determine ing at the end the following new subsection: ‘‘(iii) The representative payee may de- the most cost-effective means for complying ‘‘(d) The Commissioner of Social Security posit into the account established pursuant with the requirements of this subparagraph. shall reimburse a State for the costs of pro- to clause (i)— ‘‘(iii) The provisions of paragraph (4) shall viding information pursuant to section ‘‘(I) past-due benefits payable to the eligi- apply to all redeterminations required by 1902(a)(63) from funds available for carrying ble individual in an amount less than that this subparagraph.’’. out this title.’’. specified in clause (i)(II), and (b) CONFORMING AMENDMENT.—Section (c) REPORT TO THE CONGRESS.—Not later ‘‘(II) any other funds representing an 208(a) of the Social Security Independence than the last day of the thirty-sixth month underpayment under this title to such indi- and Program Improvements Act of 1994 is beginning after the date of the enactment of vidual, provided that the amount of such amended by striking ‘‘100,000’’ and inserting this Act, the Inspector General of the Social underpayment is equal to or exceeds the ‘‘80,000 adult’’. Security Administration shall report to the maximum monthly benefit payable under SEC. 408. COORDINATION OF SERVICES FOR SSI Committee on Ways and Means of the House this title to an eligible individual. CHILDREN. of Representatives and the Committee on Fi- ‘‘(iv) The Commissioner of Social Security (a) IN GENERAL.—Section 505(a) (42 U.S.C. nance of the Senate on the implementation shall establish a system for accountability 705(a)) is amended— of this section. monitoring whereby such representative (1) in paragraph 5— (d) EFFECTIVE DATE.—This section shall payee shall report, at such time and in such (A) by striking ‘‘and’’ at the end of sub- take effect on the first day of the twelfth manner as the Commissioner shall require, paragraph (E); month that begins after the date of the en- on activity respecting funds in the account (B) by striking the period at the end of actment of this Act. established pursuant to clause (i).’’. subparagraph (F) and inserting ‘‘; and’’; and SEC. 406. SPECIAL ACCOUNTS FOR INDIVIDUALS (b) EXCLUSION FROM RESOURCES.—Section (C) by inserting after subparagraph (F) the UNDER THE AGE OF 18. 1613(a) (42 U.S.C. 1382b(a)) is amended— following new subparagraph: (a) REQUIREMENT TO ESTABLISH ACCOUNT.— (1) in paragraph (9), by striking ‘‘; and’’ and ‘‘(G) the agency administering the State’s Section 1631(a)(2) (42 U.S.C. 1383(a)(2)), as inserting a semicolon; program under this title shall be responsible amended by section 405(a), is amended— (2) in the first paragraph (10), by striking for developing a care coordination plan for (1) by redesignating subparagraphs (F) and the period and inserting a semicolon; each child receiving benefits under title XVI (G) as subparagraphs (G) and (H), respec- (3) by redesignating the second paragraph on the basis of disability to assure that such tively; and (10) as paragraph (11), and by striking the pe- child has access to available medical and (2) by inserting after subparagraph (E) the riod and inserting ‘‘; and’’; and other support services, that services are pro- following new subparagraph: (4) by adding at the end the following: vided in an efficient and effective manner, ‘‘(F)(i)(I) Each representative payee of an ‘‘(12) the assets and accrued interest or and that gaps in the provision of services are eligible individual under the age of 18 who is other earnings of any account established identified.’’; and eligible for the payment of benefits described and maintained in accordance with section (2) by adding at the end the following new in subclause (II) shall establish on behalf of 1631(a)(2)(F).’’. subsection: September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12863 ‘‘(c) For purposes of subsection (a)(5)(G), ‘‘(ii) a qualified alien, as defined in section SEC. 502. DEEMING OF SPONSOR’S INCOME AND the Secretary, the Secretary of Education, 1101(a)(10).’’; and RESOURCES TO AN ALIEN UNDER and the Commissioner of Social Security (II) in paragraph (2)— THE SUPPLEMENTAL SECURITY IN- shall take such steps as may be necessary, COME, AID TO FAMILIES WITH DE- (aa) by striking ‘‘paragraph (1)’’ and insert- PENDENT CHILDREN, AND FOOD through issuance of regulations, guidelines, ing ‘‘paragraph (1)(B)’’; and STAMP PROGRAMS. or such other means as they may determine, (bb) by striking ‘‘alien’’ each place it ap- (a) LENGTH OF DEEMING PERIOD.— to assure that, where appropriate, the State pears and inserting ‘‘individual’’. (1) MAKING THE SSI 5-YEAR PERIOD PERMA- agency administering title XIX, the State (ii) CONFORMING AMENDMENTS.—Section NENT.—Subsection (b) of section 7 of the Un- Department of Mental Health, the State Dis- 1902 (42 U.S.C. 1396a) is amended— employment Compensation Amendments of ability Determination Service that makes (I) in subsection (a), in the last sentence by 1993 (Public Law 103–152) is repealed. determinations under title II, the State Vo- striking ‘‘alien’’ and all that follows through (2) INCREASING THE AFDC PERIOD FROM 3 TO cational Rehabilitation agency, the State ‘‘1903(v).’’ and inserting ‘‘individual who is 5 YEARS.—Section 415 (42 U.S.C. 615) is Developmental Disabilities Council, and the not (A) a citizen or national of the United amended in subsections (a), (c)(1), and (d) by State Department of Education— States, or (B) a qualified alien, as defined in striking ‘‘three years’’ each place it appears ‘‘(1) assist the agency administering the section 1101(a)(10), only in accordance with and inserting ‘‘5 years’’. State’s program under this title in the devel- section 1903(v).’’; and (3) INCREASING THE FOOD STAMP PERIOD opment of the child’s care coordination plan; FROM 3 TO 5 YEARS.—Section 5(i) of the Food ‘‘(2) participate in the planning and deliv- (II) in subsection (b)(33), by inserting ‘‘or national’’ after ‘‘citizen’’. Stamp Act of 1977 (7 U.S.C. 2014(i)) is amend- ery of the services specified in the care co- ed by striking ‘‘three years’’ each place it ordination plan; and (2) DEFINITION OF QUALIFIED ALIEN.—Sec- tion 1101(a) (42 U.S.C. 1301(a)) is amended by appears and inserting ‘‘5 years’’. ‘‘(3) assist such agency in providing to the (b) INAPPLICABILITY IN THE CASE OF ANY adding at the end the following new para- Secretary for each fiscal year information ALIEN WHOSE SPONSOR RECEIVES SSI OR graph: on— AFDC BENEFITS.— ‘‘(A) the number of children receiving ben- ‘‘(10) The term ‘qualified alien’ means an (1) SSI.—Section 1621(f) (42 U.S.C. 1382j(f)) efits under title XVI who were referred to alien— is amended by adding at the end the follow- such agency for services, ‘‘(A) who is lawfully admitted for perma- ing new paragraph: ‘‘(B) the number of such children who were nent residence within the meaning of section ‘‘(3) The provisions of this section shall not referred who were served, 101(a)(20) of the Immigration and Nationality apply to any alien for any month for which ‘‘(C) the services provided (including inten- Act (8 U.S.C. 1101(a)(20)); such alien’s sponsor receives a benefit under sity of services, duration of services, types of ‘‘(B) who is admitted as a refugee pursuant this title (which includes, for purposes of providers, and costs of services), to section 207 of such Act (8 U.S.C. 1157); this paragraph, the program of federally ad- ‘‘(D) the number of children referred to ‘‘(C) who is granted asylum pursuant to ministered State supplementary payments other agencies or departments for services, made pursuant to section 1616(a) or section section 208 of such Act (8 U.S.C. 1158); and 212(b) of Public Law 93–66 (42 U.S.C. 1382 ‘‘(D) whose deportation is withheld pursu- ‘‘(E) the number of care coordination plans note)) or under the program of aid to fami- ant to section 243(h) of such Act (8 U.S.C. developed during such fiscal year.’’. lies with dependent children under part A of (b) EFFECTIVE DATE.—The amendments 1253(h)); title IV.’’. made by this section shall apply to fiscal ‘‘(E) whose deportation is suspended pursu- (2) AFDC.—Section 415(f) (42 U.S.C. 615(f)) years beginning after September 30, 1995. ant to section 244 of such Act (8 U.S.C. 1254); is amended— TITLE V—MISCELLANEOUS PROVISIONS ‘‘(F) who was granted conditional entry (A) by redesignating paragraphs (1) pursuant to section 203(a)(7) of such Act (8 SEC. 501. UNIFORM ALIEN ELIGIBILITY CRITERIA through (5) as subparagraphs (A) through (E), FOR PUBLIC ASSISTANCE PRO- U.S.C. 1153(a)(7)), as in effect prior to April 1, respectively; GRAMS. 1980; (B) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; (a) FEDERAL AND FEDERALLY-ASSISTED ‘‘(G) who is lawfully admitted for tem- and PROGRAMS.— porary residence pursuant to section 210 or (C) by adding at the end the following new (1) PROGRAM ELIGIBILITY CRITERIA.— 245A of such Act (8 U.S.C. 1160, 1255a); paragraph: (A) AID TO FAMILIES WITH DEPENDENT CHIL- ‘‘(H) who is within a class of aliens law- ‘‘(2) The provisions of this section shall not DREN.—Section 402(a)(33) (42 U.S.C. 602(a)(33)) fully present within the United States pursu- apply to any alien for any month for which is amended by striking ‘‘(A) a citizen’’ and ant to any other provision of such Act, pro- such alien’s sponsor receives a benefit under all that follows through ‘‘of such Act);’’ and vided that— the program authorized under this part, or inserting the following: ‘‘(i) the Attorney General determines that the program of supplemental security in- ‘‘(A) a citizen or national of the United the continued presence of such class of aliens come authorized under title XVI (which in- States, or serves a humanitarian or other compelling cludes, for purposes of this paragraph, the ‘‘(B) a qualified alien, as defined in section public interest; and program of federally administered State sup- 1101(a)(10), provided that such alien is not ‘‘(ii) the Secretary of Health and Human plementary payments made pursuant to sec- disqualified from receiving aid under a State Services determines that such interest would tion 1616(a) or section 212(b) of Public Law plan approved under this part pursuant to be further served by treating each alien 93–66 (42 U.S.C. 1382 note)).’’. section 210(f) or 245A(h) of the Immigration within such class as a ‘qualified alien’ for (3) FOOD STAMPS.—Section 5(i)(2)(E) of the and Nationality Act or any other provision purposes of this Act; or Food Stamp Act of 1977 (7 U.S.C. 2014(i)(2)(E)) of law;’’. ‘‘(I) who is the spouse or unmarried child is amended— (B) SUPPLEMENTAL SECURITY INCOME.—Sec- under 21 years of age of a citizen of the Unit- (A) by striking ‘‘(E)’’ and inserting tion 1614(a)(1)(B)(i) (42 U.S.C. 1382c(a)(1)(B)(i) ed States, or the parent of such a citizen if ‘‘(E)(i)’’; and is amended to read as follows: the citizen is 21 years of age or older, and (B) by adding at the end the following new ‘‘(B)(i) is a resident of the United States, with respect to whom an application for ad- clause: and is either— justment to lawful permanent residence is ‘‘(ii) The provisions of this subsection shall ‘‘(I) a citizen or national of the United pending.’’. not apply to any alien for any month for States, or (3) CONFORMING AMENDMENT.—Section which such alien’s sponsor receives a benefit ‘‘(II) a qualified alien, as defined in section 244A(f)(1) of the Immigration and National- under the program of aid to families with de- 1101(a)(10), or’’. ity Act (8 U.S.C. 1254a(f)(1)) is amended by pendent children under part A of title IV of (C) MEDICAID.— inserting ‘‘and shall not be considered to be the Social Security Act or the program of (i) IN GENERAL.—Section 1903(v) (42 U.S.C. a ‘qualified alien’ within the meaning of sec- supplemental security income under title 1396b(v)) is amended— tion 1101(a)(10) of the Social Security Act’’ XVI of such Act (which includes, for pur- (I) in paragraph (1), to read as follows: after ‘‘color or law’’. poses of this paragraph, the program of fed- ‘‘(v)(1) Notwithstanding the preceding pro- (4) EFFECTIVE DATE.—The amendments erally administered State supplementary visions of this section— made by this subsection are effective with payments made pursuant to section 1616(a) of ‘‘(A) no payment may be made to a State respect to benefits payable on the basis of such Act or section 212(b) of Public Law 93– under this section for medical assistance fur- any application filed after the date of the en- 66 (42 U.S.C. 1382 note)).’’. nished to an individual who is disqualified actment of this Act. (c) INEQUITABLE CIRCUMSTANCES.— from receiving such assistance pursuant to (1) SSI.—Section 1621 (42 U.S.C. 1382j) is section 210(f) or 245A(h) of the Immigration (b) STATE AND LOCAL PROGRAMS.—A State amended by adding at the end the following and Nationality Act (8 U.S.C. 1160(f), or political subdivision therein may provide new subsection: 1255a(h)) or any other provision of law; and that an alien is not eligible for any program ‘‘(g) The Commissioner may, pursuant to ‘‘(B) except as provided in paragraph (2), no of assistance based on need that is furnished regulations promulgated after consultation such payment may be made for medical as- by such State or political subdivision unless with the Secretary of Agriculture, alter or sistance furnished to an individual who is such alien is a ‘‘qualified alien’’ within the suspend the application of this section in not— meaning of section 1101(a)(10) of the Social any case in which the Secretary determines ‘‘(i) a citizen or national of the United Security Act (as added by subsection (a)(2) of that such application would be inequitable States; or this section). under the circumstances.’’ S 12864 CONGRESSIONAL RECORD — SENATE September 7, 1995 (2) AFDC.—Section 415 (42 U.S.C. 615) is (1) by striking ‘‘shall (1) make’’ and insert- cation Act of 1965 (20 U.S.C. 6319) in accord- amended by adding at the end the following ing the following: ‘‘shall— ance with the requirements of such section. new subsection: ‘‘(1) make’’; In section 716, add at the following: ‘‘(g) The Secretary may, pursuant to regu- (2) by striking ‘‘scale, (2) make’’ and in- (h) PARENTAL INVOLVEMENT.— lations promulgated after consultation with serting ‘‘scale; (1) COMPARABLE REQUIREMENTS.—For pur- the Secretary of Agriculture, alter or sus- ‘‘(2) make’’; poses of implementing the requirements of pend the application of this section in any (3) by striking ‘‘Alaska, (3) make’’ and in- section 1118 of the Elementary and Second- case in which the Secretary determines that serting the following: ‘‘Alaska; ary Education Act (20 U.S.C. 6319) with re- such application would be inequitable under ‘‘(3) make’’; and spect to secondary education activities as re- the circumstances.’’ (4) by striking ‘‘Columbia, (4) through’’ and quired in subsection (b)(8)(C), a reference in (3) FOOD STAMPS.—Section 5(i)(2) of the all that follows through the end of the sub- such section 1118— Food Stamp Act of 1977 (7 U.S.C. 2014(i)(2)) is section and inserting the following: ‘‘Colum- (A) to a local educational agency shall amended by adding at the end the following bia; and refer to an eligible entity, as defined in sub- new subparagraph: ‘‘(4) on October 1, 1995, and each October 1 section (a)(2) of section 727; ‘‘(F) The Secretary may, pursuant to regu- thereafter, adjust the cost of the diet to re- (B) to part A of title I of such Act (20 lations promulgated after consultation with flect the cost of the diet, in the preceding U.S.C. 6311 et seq.) shall refer to this sub- the Secretary of Health and Human Services, June, and round the result to the nearest title; alter or suspend the application of this sec- lower dollar increment for each household (C) to a plan developed under section 1112 tion in any case in which the Secretary de- size.’’. of such Act (20 U.S.C. 6312) shall refer to a termines that such application would be in- SEC. 504. FAILURE TO COMPLY WITH OTHER WEL- local application developed under such sec- equitable under the circumstances.’’. FARE AND PUBLIC ASSISTANCE PRO- tion 727; (d) FOOD STAMPS EXEMPTION FOR BLIND OR GRAMS. (D) to the process of school review and im- DISABLED ALIENS.—Section 5(i)(2)(E) of the Section 8 of the Food Stamp Act of 1977 (7 provement under section 1116 of such Act (20 Food Stamp Act of 1977 (7 U.S.C. U.S.C. 2017) is amended by striking sub- U.S.C. 6317) shall refer to the performance 2014(i)(2)(E)), as amended by subsection section (d) and inserting the following: improvement process described in subsection (a)(2)(C), is amended by adding at the end the ‘‘(d) REDUCTION OF PUBLIC ASSISTANCE BEN- (b)(4) of such section 727; following new clause: EFITS.—If the benefits of a household are re- (E) to an allocation under part A of title I ‘‘(iii) The provisions of this subsection duced under a Federal, State, or local law re- of such Act shall refer to the funds received shall not apply with respect to any individ- lating to welfare or a public assistance pro- by an eligible entity under this subtitle; ual for any month for which such individual gram for the failure to perform an action re- (F) to the profiles, results, and interpreta- receives a benefit under the program of sup- quired under the law or program, for the du- tion described in section 1118(c)(4)(B) of such plemental security income authorized by ration of the reduction the household may Act (20 U.S.C. 6319(c)(4)(B)) shall refer to in- title XVI of the Social Security Act by rea- not receive an increased allotment as the re- formation on the progress of secondary son of blindness, as determined under section sult of a decrease in the income of the house- school students participating in workforce 1614(a)(2) of such Act, or disability, as deter- hold to the extent that the decrease is the education activities carried out under this mined under section 1614(a)(3) of such Act, result of the reduction.’’. subtitle, and interpretation of the informa- provided that such blindness or disability tion; and commenced after the date of such individ- HATFIELD (AND OTHERS) (G) to State content or student perform- ance standards shall refer to the State ual’s admission into the United States for AMENDMENT NO. 2467 permanent residence.’’. benchmarks of the State. (e) STATE AND LOCAL PROGRAMS.—A State (Ordered to lie on the table.) (2) NONCOMPARABLE REQUIREMENTS.—For or political subdivision therein may provide Mr. HATFIELD (for himself, Mr. purposes of carrying out the requirements of that an alien is not eligible for any program DODD, and Mr. GLENN) submitted an such section 1118 as described in paragraph of assistance based on need that is furnished amendment intended to be proposed by (1), the requirements of such section relating to a schoolwide program plan developed by such State or political subdivision for any them to amendment No. 2280 proposed month if such alien has been determined to under section 1114(b) of such Act (20 U.S.C. by Mr. DOLE to the bill H.R. 4, supra, as be ineligible for such month for benefits 6314(b)) or to section 1111(b)(8) of such Act (20 under— follows: U.S.C. 6311(b)(8)), and the provisions of sec- (A) the program of aid to families with de- In section 714(d)(1)(K), strike ‘‘and’’. tion 1118(e)(4) of such Act (20 U.S.C. pendent children authorized by part A of In section 714(d)(1)(L), strike the semicolon 6319(e)(4)), shall not apply. title IV of the Social Security Act, as a re- and insert ‘‘, and’’. In section 728(a)(2)(A), strike ‘‘and veter- sult of the application of section 415 of such In section 714(d)(1), insert after subpara- ans’’ and insert ‘‘veterans, secondary school Act; graph (L) the following: students (including such students who are (B) the program of supplemental security ‘‘(M) representatives of secondary school at-risk youth) involved in workforce edu- income authorized by title XVI of the Social students involved in workforce education ac- cation activities carried out under this title, Security Act, as a result of the application tivities carried out under this title and par- and parents of such students’’. of section 1621 of such Act; or ents of such students;’’. In section 728(b)(2)(B)(iv), strike ‘‘and’’. In section 716(b)(6) strike ‘‘and’’. (C) the Food Stamp Act of 1977, as a result In section 728(b)(2)(B)(v), strike the period In section 716(b)(7) strike the period and in- of the application of section 5(i) of such Act. and insert ‘‘; and ’’. sert ‘‘; and’’. (f) EFFECTIVE DATE.— In section 728(b)(2)(B), add at the end the In section 716(b), add at the end the follow- (1) IN GENERAL.—The amendments made by following: ing: ‘‘(vi) representatives of secondary school subsections (a) through (d) shall be effective (8) with respect to secondary education ac- with respect to benefits under the program students involved in workforce education ac- tivities— tivities carried out under this title and par- of aid to families with dependent children (A) establishing effective procedures, in- under part A of title IV of the Social Secu- ents of such students.’’. cluding an expedited appeals procedure, by In section 728(b)(4)(A)(iii), strike ‘‘partici- rity Act (42 U.S.C. 601 et seq.), the program which secondary school teachers, secondary of supplemental security income under title pation’’ and all that follows and insert ‘‘par- school students involved in workforce edu- ticipation, in the development and continu- XVI of such Act (42 U.S.C. 1381 et seq.), and cation activities carried out under this title, the program under the Food Stamp Act of ous improvement of the workforce develop- parents of such students, and residents of ment activities carried out in the substate 1977 (7 U.S.C. 2011 et seq.), payable for substate areas will be able to directly par- months beginning after September 30, 1995, area— ticipate in State and local decisions that in- ‘‘(I) of business, industry, and labor; and on the basis of— fluence the character of secondary education (A) an application filed after such date, or ‘‘(II) with regard to workforce education activities carried out under this title that af- activities, of secondary school teachers, sec- (B) an application filed on or before such fect their interests; date by or on behalf of an individual subject ondary school students involved in (B) providing technical assistance, and de- workforce education activities carried out to the provisions of section 1621(a) or 415(a) signing the procedures described in subpara- of the Social Security Act (42 U.S.C. 1382j(a), under this title, and parents of such stu- graph (A), to ensure that the individuals de- dents;’’. 615(a)) or section 5(i)(1) of the Food Stamp scribed in subparagraph (A) obtain access to Act of 1977 (7 U.S.C. 2014(i)(1)) (as the case the information needed to use such proce- may be) on such date. dures; and SIMON AMENDMENT NO. 2468 (2) STATE AND LOCAL PROGRAMS.—Sub- (C) subject to subsection (h), carrying out section (e) shall be effective on October 1, (Ordered to lie on the table.) the secondary education activities, and im- Mr. SIMON submitted an amendment 1995. plementing the procedures described in sub- SEC. 503. ADJUSTMENT TO THRIFTY FOOD PLAN. paragraph (A), so as to implement the pro- intended to be proposed by him to The second sentence of section 3(o) of the grams, activities, and procedures for the in- amendment No. 2280 proposed by Mr. Food Stamp Act (7 U.S.C. 2012(o)) is amend- volvement of parents described in section DOLE to the bill H.R. 4, supra, as fol- ed— 1118 of the Elementary and Secondary Edu- lows: September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12865 On page 17, line 22, strike ‘‘amount (if any) SEC. ll02. DEFINITIONS. community works progress project in a city determined under subparagraph (B)’’ and in- For purposes of this title: that is within an Urbanized Area (as defined sert ‘‘amount determined under subpara- (1) COMMUNITY WORKS PROGRESS PROGRAM.— by the Bureau of the Census). graphs (B) and (C)’’. The terms ‘‘community works progress pro- (B) INDIAN TRIBE.—For purposes of this gram’’ and ‘‘program’’ mean a program des- paragraph, the term ‘‘Indian tribe’’ means ignated by a State under which the State any Indian tribe, band, nation, or other orga- will select governmental and nonprofit enti- nized group or community, including any ties to conduct community works progress Alaska Native village or regional or village On page 18, between lines 15 and 16, insert projects which serve a significant public pur- corporation as defined in or established pur- the following: pose in fields such as health, social service, suant to the Alaska Native Claims Settle- ‘‘(C) AMOUNT DETERMINED.—The amount environmental protection, education, urban ment Act (43 U.S.C.A. 1601 et seq.), which is determined under this subparagraph is the and rural development and redevelopment, recognized as eligible for the special pro- amount which bears the same ratio to welfare, recreation, public facilities, public grams and services provided by the United $240,000,000 (or, $240,000,000 reduced by the safety, and child care. States to Indians because of their status as amount, if any, available for such fiscal year (2) COMMUNITY WORKS PROGRESS PROJECT.— Indians. in accordance with section ll09(c) of the The terms ‘‘community works progress (c) MODIFICATION TO APPLICATIONS.—If Community Works Progress Act, whichever project’’ and ‘‘project’’ mean an activity con- changes in labor market conditions, costs, or is lesser) as the amount otherwise deter- ducted by a governmental or nonprofit en- other factors require substantial deviation mined for such State under subparagraph (A) tity that results in a specific, identifiable from the terms of an application approved by (without regard to the reduction determined service or product that, but for this title, the Secretary, the State shall submit a under this subparagraph) bears to would not otherwise be done with existing modification of such application to the Sec- $16,795,323,000. funds and that supplements but does not sup- retary. plant existing services. SEC. ll04. PROJECT SELECTION BOARD. (3) NONPROFIT ENTITY.—The term ‘‘non- (a) ESTABLISHMENT.—Each State that re- profit entity’’ means an organization— ceives a grant under this title shall establish (A) described in section 501(c) of the Inter- a Project Selection Board (hereafter referred On page 18, line 16, strike ‘‘(C)’’ and insert nal Revenue Code of 1986; and to as the ‘‘Board’’) in the geographic area or ‘‘(D)’’. (B) exempt from taxation under section areas identified by the State under section 501(a) of such Code. ll03(b)(2). SEC. ll03. APPLICATIONS BY STATES. (b) MEMBERSHIP.— (a) IN GENERAL.—Each State desiring to (1) IN GENERAL.—Each Board shall be com- conduct, or to continue to conduct, a com- posed of 13 members who shall reside in the On page 18, line 21, strike ‘‘subparagraph munity works progress program under this geographic area identified by the State (B)’’ and insert ‘‘subparagraphs (B) and (C)’’. title shall submit an annual application to under section ll03(b)(2). Subject to para- the Secretary at such time and in such man- graph (2), the members of the Board shall be ner as the Secretary shall require. Such ap- appointed by the Governor of the State in plication shall include— consultation with local elected officials in the geographic area. On page 22, strike lines 10 through 17, and (1) identification of the State agency or agencies that will administer the program (2) REPRESENTATIVES OF BUSINESS AND insert the following: and be the grant recipient of funds for the LABOR ORGANIZATIONS.—The Board— ‘‘(A) IN GENERAL.—There are authorized to State, and (A) shall have at least one member who is be appropriated and there are appropriated (2) a detailed description of the geographic an officer of a recognized labor organization; $16,795,323,000 for each fiscal year described area in which the project is to be carried out, and in paragraph (1)— including such demographic and economic (B) shall have at least one member who is ‘‘(i) $16,555,323,000 of which shall be for the data as are necessary to enable the Sec- a representative of the business community. purpose of paying— retary to consider the factors required by (c) DUTIES OF THE BOARD.—The Board ‘‘(I) grants to States under paragraph subsection (b). shall— (1)(A); and (b) CONSIDERATION OF APPLICATIONS.— (1) recommend appropriate projects to the ‘‘(II) tribal family assistance grants under (1) IN GENERAL.—In reviewing all applica- Governor; paragraph (1)(B); and tions received from States desiring to con- (2) select a manager to coordinate and su- ‘‘(ii) $240,000,000 of which shall be for the duct or continue to conduct a community pervise all approved projects; and purpose of paying grants beginning with fis- works progress program under this title, the (3) periodically report to the Governor on cal years after fiscal year 1996 to States for Secretary shall consider— the project activities in a manner to be de- the operation of community works progress (A) the unemployment rate for the area in termined by the Governor. programs in accordance with the Community which each project will be conducted, (d) VETO OF A PROJECT.—One member of Works Progress Act. (B) the proportion of the population receiv- the Board who is described in subparagraph Notwithstanding any other provision of this ing public assistance in each area in which a (A) of subsection (b)(2) and one member of part, the amount appropriated in accordance project will be conducted, the Board who is described in subparagraph with clause (ii) shall be paid to States in ac- (C) the per capita income for each area in (B) of such subsection shall have the author- cordance with the requirements of the Com- which a project will be conducted, ity to veto any proposed project. The Gov- munity Works Progress Act and shall not be (D) the degree of involvement and commit- ernor shall determine which Board members subject to any requirements of this part. ment demonstrated by public officials in shall have the veto authority described each area in which projects will be con- under this subsection. ducted, (e) TERMS AND COMPENSATION OF MEM- (E) the likelihood that projects will be suc- BERS.—The Governor shall establish the cessful, terms for Board members and specify proce- On page 36, line 7, insert ‘‘(including par- (F) the contribution that projects are like- dures for the filling vacancies and the re- ticipation in a community works progress ly to make toward improving the quality of moval of such members. Any compensation program under the Community Works life of residents of the area in which projects or reimbursement for expenses paid to Board Progress Act)’’ after ‘‘programs’’. will be conducted, members shall be paid by the State, as deter- (G) geographic distribution, mined by the Governor. (H) the extent to which projects will en- SEC. ll05. PARTICIPATION IN PROJECTS. courage team approaches to work on real, To be eligible to participate in projects At the appropriate place, insert the follow- identifiable needs, under this title, an individual shall be— ing new title: (I) the extent to which private and commu- (1) receiving, eligible to receive, or have nity agencies will be involved in projects, exhausted unemployment compensation TITLE ll—COMMUNITY WORKS and under an unemployment compensation law PROGRESS ACT (J) such other criteria as the Secretary of a State or of the United States, SEC. ll00. SHORT TITLE. deems appropriate. (2) receiving, eligible to receive, or at risk This title may be cited as the ‘‘Community (2) INDIAN TRIBES AND URBANIZED AREAS.— of becoming eligible to receive, assistance Works Progress Act’’. (A) IN GENERAL.—The Secretary shall en- under a State program funded under part A SEC. ll01. ESTABLISHMENT. sure that— of title IV of the Social Security Act, In the case of any fiscal year after fiscal (i) one grant under this title shall be (3) a noncustodial parent of a child who is year 1996, the Secretary of Labor (hereafter awarded to a State that will conduct a com- receiving assistance under a State program referred to in this title as the ‘‘Secretary’’) munity works progress project that will funded under part A of title IV of the Social shall award grants to 4 States for the estab- serve one or more Indian tribes; and Security Act, lishment of community works progress pro- (ii) one grant under this title shall be (4) a noncustodial parent who is not em- grams. awarded to a State that will implement a ployed, or S 12866 CONGRESSIONAL RECORD — SENATE September 7, 1995

(5) an individual who— participation in a community works progress (2) DEADLINE FOR GRIEVANCES.—Except for (A) is not receiving unemployment com- project shall be excluded from any deter- a grievance that alleges fraud or criminal ac- pensation under an unemployment com- mination of income for the purposes of deter- tivity, a grievance under this paragraph pensation law of a State or of the United mining eligibility for benefits under a State shall be filed not later than 6 months after States; program funded under part A of title IV, the date of the alleged occurrence of the (B) if under the age of 20 years, has grad- title XVI, and title XIX of the Social Secu- event that is the subject of the grievance. uated from high school or is continuing stud- rity Act, or any other Federal or federally (d) TESTING AND EDUCATION REQUIRE- ies toward a high school equivalency degree; assisted program which is based on need. MENTS.— (C) has resided in the geographic area in (3) SUPPORTIVE SERVICES.—Each partici- (1) TESTING.—Each participant in a project which the project is located for a period of at pant in a project conducted under this title shall be tested for basic reading and writing least 60 consecutive days prior to the award- shall be eligible to receive, out of grant competence prior to employment under such ing of the project grant by the Secretary; funds awarded to the State agency admin- project. and istering such project, assistance to meet nec- (2) EDUCATION REQUIREMENT.— (D) is a citizen of the United States. essary costs of transportation, child care, vi- (A) FAILURE TO SATISFACTORILY COMPLETE TEST.—Participants who fail to complete sat- SEC. ll06. HOURS AND COMPENSATION. sion testing, eyeglasses, uniforms and other work materials. isfactorily the basic competency test re- (a) DETERMINATION OF COMPENSATION.— SEC. ll07. ADDITIONAL PROGRAM REQUIRE- quired in paragraph (1) shall be furnished (1) IN GENERAL.—Except as provided in MENTS. counseling and instruction. paragraph (2), project participants in a com- (a) NONDUPLICATION AND (B) LIMITED-ENGLISH.—Participants with munity works progress project shall be paid NONDISPLACEMENT.—(1) NONDUPLICATION.— limited-English speaking ability may be fur- the applicable Federal or State minimum (A) IN GENERAL.—Amounts from a grant nished such instruction as the governmental wage, whichever is greater. provided under this title shall be used only or nonprofit entity conducting the project (2) EXCEPTIONS.—If a participant in a com- for a project that does not duplicate, and is deems appropriate. munity works progress project is— in addition to, an activity otherwise avail- (e) COMPLETION OF PROJECTS.— (A) eligible for benefits under a State pro- able in the State or unit of general local gov- (1) IN GENERAL.—A governmental or non- gram funded under part A of title IV of the ernment in which the project is carried out. profit entity conducting a project or projects Social Security Act and such benefits exceed (B) NONPROFIT ENTITY.—Amounts from a under this title shall complete such project the amount described in paragraph (1), such grant provided to a State under this title or projects within the 2-year period begin- participant shall be paid an amount that ex- shall not be provided to a nonprofit entity to ning on a date determined appropriate by ceeds by 10 percent of the amount of such conduct activities that are the same or sub- such entity, the State agency administering benefits; or stantially equivalent to activities provided the project, and the Secretary. (B) eligible for benefits under an unem- by a State or local government agency in (2) MODIFICATION.—The period referred to ployment compensation law of a State or the which such entity resides, unless the require- in paragraph (1) may be modified in the dis- United States such benefits exceed the ments of paragraph (2) are met. cretion of the Secretary upon application by amount described in paragraph (1), such par- (2) NONDISPLACEMENT.— the State in which a project is being con- ticipant shall be paid an amount that ex- (A) IN GENERAL.—A governmental or non- ducted. ceeds by 10 percent the amount of such bene- profit entity shall not displace any employee SEC. ll08. EVALUATIONS AND REPORTS. fits. or position, including partial displacement (a) BY THE STATE.—Each State conducting (b) WORK REQUIREMENTS RELATED TO PAR- such as reduction in hours, wages, or em- a community works progress program or pro- TICIPATION.— ployment benefits, as a result of the use by grams under this title shall conduct ongoing (1) IN GENERAL.— such entity of a participant in a project evaluations of the effectiveness of such pro- (A) MAXIMUM HOURS.—In order to assure funded by a grant under this title. gram (including the effectiveness of such that each individual participating in a (B) LIMITATION ON SERVICES.— program in meeting the goals and objectives project will have time to seek alternative (i) DUPLICATION OF SERVICES.—A partici- described in the application approved by the employment or to participate in an alter- pant in a project funded by a grant under Secretary) and, for each year in which such native employability enhancement activity, this title shall not perform any services or program is conducted, shall submit an an- no individual may work as a participant in a duties or engage in activities that would oth- nual report to the Secretary concerning the project under this title for more than 32 erwise be performed by any employee as part results of such evaluations at such time, and hours per week. of the assigned duties of such employee. in such manner, as the Secretary shall re- (B) REQUIRED JOB SEARCH ACTIVITY.—Indi- (ii) SUPPLANTATION OF HIRING.—A partici- quire. The report shall incorporate informa- viduals participating in a project who are pant in a project funded by a grant under tion from annual reports submitted to the not receiving assistance under a State pro- this title shall not perform any services or State by governmental and nonprofit enti- gram funded under part A of title IV of the duties or engage in activities that will sup- ties conducting projects under the program. Social Security Act or unemployment com- plant the hiring of other workers. The report shall include an analysis of the pensation under an unemployment com- (iii) DUTIES FORMERLY PERFORMED BY AN- effect of such projects on the economic con- pensation law of a State or of the United OTHER EMPLOYEE.—A participant in a project dition of the area, including its effect on States shall be required to participate in job funded by a grant under this title shall not welfare dependency, the local crime rate, search activities on a weekly basis. perform services or duties that have been general business activity (including business (c) COMPENSATION FOR PARTICIPANTS.— performed by or were assigned to any pres- revenues and tax receipts), and business and (1) PAYMENTS OF ASSISTANCE UNDER A STATE ently employed worker, employee who re- community leaders’ evaluation of the PROGRAM FUNDED UNDER PART A OF TITLE IV cently resigned or was discharged, employee projects’ success. Up to 2 percent of the AND UNEMPLOYMENT COMPENSATION.—Any who is subject to a reduction in force, em- amount granted to a State may be used to State agency responsible for making a pay- ployee who is on leave (terminal, temporary, conduct the evaluations required under this ment of benefits to a participant in a project vacation, emergency, or sick), or employee subsection. under a State program funded under part A who is on strike or who is being locked out. (b) BY THE SECRETARY.—The Secretary of title IV of the Social Security Act or (b) FAILURE TO MEET REQUIREMENTS.—The shall submit an annual report to the Con- under an unemployment compensation law Secretary may suspend or terminate pay- gress concerning the effectiveness of the of a State or of the United States may trans- ments under this title for a project if the community works progress programs con- fer such payment to the governmental or Secretary determines that the governmental ducted under this title. Such report shall nonprofit entity conducting such project and or nonprofit entity conducting such project analyze the reports received by the Sec- such payment shall be made by such entity has materially failed to comply with this retary under subsection (a). to such participant in conjunction with any title, the application submitted under this SEC. ll09. FUNDING. payment of compensation made under sub- title, or any other terms and conditions of a (a) IN GENERAL.—There are available for section (a). grant under this title agreed to by the State making grants under this title for a fiscal (2) TREATMENT OF COMPENSATION OR BENE- agency administering the project and the year such amounts as are appropriated for FITS UNDER OTHER PROGRAMS.— Secretary. the fiscal year under section 403(a)(2)(A) of (A) HIGHER EDUCATION ACT OF 1965.—In de- (c) GRIEVANCE PROCEDURE.— the Social Security Act (42 U.S.C. termining any grant, loan, or other form of (1) IN GENERAL.—Each State conducting a 603(a)(2)(A)). assistance for an individual under any pro- community works progress program or pro- (b) LIMITATIONS ON COSTS.— gram under the Higher Education Act of 1965, grams under this title shall establish and (1) ADMINISTRATIVE EXPENSES.—Not more the Secretary of Education shall not take maintain a procedure for the filing and adju- than 10 percent of the amount of each grant into consideration the compensation and dication of grievances from participants in awarded to a State may be used for adminis- benefits received by such individual under any project conducted under such program, trative expenses. this section for participation in a project. labor organizations, and other interested in- (2) COMPENSATION AND SUPPORTIVE SERV- (B) RELATIONSHIP TO OTHER FEDERAL BENE- dividuals concerning such program, includ- ICES.—Not less than 70 percent of the amount FITS.—Notwithstanding any other provision ing grievances regarding proposed place- of each grant awarded to a State may be of law, any compensation or benefits re- ments of such participants in projects con- used to provide compensation and supportive ceived by an individual under this section for ducted under such program. services to project participants. September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12867

(3) WAIVER OF COST LIMITATIONS.—The limi- ‘‘(II) shall be published— On page 15, between lines 19 and 20, insert tations under paragraphs (1) and (2) may be ‘‘(aa) for each State, annually beginning in the following: waived for good cause, as determined appro- 1996; ‘‘(d) CHILD VOUCHER PROGRAM.— priate by the Secretary. ‘‘(bb) for each county and local unit of gen- ‘‘(1) ELIGIBILITY.— (c) AMOUNTS REMAINING AVAILABLE FOR eral purpose government referred to in ‘‘(A) IN GENERAL.—A State to which a STATE FAMILY ASSISTANCE GRANTS.—Any clause (i), in 1996 and at least every second grant is made under section 403 shall estab- amounts appropriated for making grants year thereafter; and lish and operate a voucher program to pro- under this title for a fiscal year under sec- ‘‘(ccb) for each school district, in 1998 and vide assistance to each minor child who re- tion 403(a)(4)(A)(i) of the Social Security Act at least every second year thereafter. sides with a family that is eligible for but (42 U.S.C. 603(a)(2)(A)(4)(A)(i)) that are not ‘‘(iii) AUTHORITY TO AGGREGATE.— not receiving assistance under the State pro- paid as grants to States in accordance with ‘‘(I) IN GENERAL.—If reliable data could not gram as a result of any reason identified by this title in such fiscal year shall be avail- otherwise be produced, the Secretary may, the State, including— able for making State family assistance for purposes of clause (ii)(I)(aa), aggregate ‘‘(i) the time limit imposed under section grants for such fiscal year in accordance school districts, but only to the extent nec- 405(b); with subsection (a)(1) of such section. essary to achieve reliability. ‘‘(ii) a penalty imposed under section 404(d); or SEC. ll10. EVALUATION. ‘‘(II) INFORMATION RELATING TO USE OF AU- ‘‘(iii) placement on a waiting list estab- Not later than October 1, 2000, the Sec- THORITY.—Any data produced under this lished by the State for recipients of assist- retary shall submit to the Congress a com- clause shall be appropriately identified and ance under the State program. prehensive evaluation of the effectiveness of shall be accompanied by a detailed expla- ‘‘(B) PERIODIC ASSESSMENTS.—The State community works progress programs in re- nation as to how and why aggregation was shall conduct periodic assessments to deter- ducing welfare dependency, crime, and teen- used (including the measures taken to mini- mize any such aggregation). mine the continued eligibility of a minor age pregnancy in the geographic areas in child for a voucher under this subsection. which such programs are conducted. ‘‘(iv) REPORT TO BE SUBMITTED WHENEVER DATA IS NOT TIMELY PUBLISHED.—If the Sec- ‘‘(2) AMOUNT OF VOUCHER.— retary is unable to produce and publish the ‘‘(A) IN GENERAL.—The amount of a vouch- FEINSTEIN AMENDMENTS NOS. data required under this subparagraph for er provided under the program established 2469–2470 any county, local unit of general purpose under paragraph (1) shall be equal to— government, or school district in any year ‘‘(i) the number of minor children in the Mrs. FEINSTEIN proposed two family; multiplied by amendments to amendment No. 2280 specified in clause (ii)(II), a report shall be submitted by the Secretary to the President ‘‘(ii) the per capita assistance amount de- proposed by Mr. DOLE to the bill H.R. 4, of the Senate and the Speaker of the House termined under subparagraph (B). supra, as follows: of Representatives, not later than 90 days be- ‘‘(B) PER CAPITA ASSISTANCE AMOUNT.—For AMENDMENT NO. 2469 fore the start of the following year, enumer- purposes of subparagraph (A), the per capita assistance amount is an amount equal to— Beginning on page 17, line 16, strike all ating each government or school district ex- cluded and giving the reasons for the exclu- ‘‘(i) the amount of assistance that would through page 21, line 3, and insert the follow- have been provided to a family described in ing: sion. ‘‘(v) CRITERIA RELATING TO POVERTY.—In paragraph (1) under the State program; di- ‘‘(3) SUPPLEMENTAL GRANT AMOUNT FOR vided by POVERTY POPULATION INCREASES IN CERTAIN carrying out this subparagraph, the Sec- retary shall use the same criteria relating to ‘‘(ii) the number of family members in STATES.— such family. ‘‘(A) IN GENERAL.—The amount of the grant poverty as were used in the then most recent ‘‘(3) USE OF VOUCHER.—A voucher provided payable under paragraph (1) to a qualifying census of population under section 141(a) of title 13, United States Code (subject to such under this subsection may be used to ob- State for each of fiscal years 1997, 1998, 1999, tain— and 2000 shall be increased by the supple- periodic adjustments as may be necessary to compensate for inflation and other similar ‘‘(A) housing; mental grant amount for such State. ‘‘(B) food; ‘‘(B) QUALIFYING STATE.—For purposes of factors). ‘‘(vi) CONSULTATION.—The Secretary shall ‘‘(C) transportation; this paragraph, the term ‘qualifying State’, ‘‘(D) child care; and with respect to any fiscal year, means a consult with the Secretary of Education in carrying out the requirements of this sub- ‘‘(E) any other item or service that the State that had an increase in the number of State deems appropriate. poor people as determined by the Secretary paragraph relating to school districts. ‘‘(4) DELIVERY OF ITEMS OR SERVICES.—A under subparagraph (D) for the most recent ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to State shall arrange for the delivery of or di- fiscal year for which information is avail- rectly provide the items and services for able. carry out this subparagraph $1,500,000 for each of fiscal years 1996 through 2000. which a voucher issued under this subsection ‘‘(C) SUPPLEMENTAL GRANT AMOUNT.—For may be used. purposes of this paragraph, the supplemental On page 15, line 20, strike ‘‘(d)’’ and insert AMENDMENT NO. 2470 grant amount for a State, with respect to ‘‘(e)’’. any fiscal year, is an amount which bears On page 654, between lines 15 and 16, insert On page 24, line 24, insert ‘‘(including the the same ratio to the total amount appro- the following: operation of a child voucher program de- priated under paragraph (4)(B) for such fiscal SEC. ll. ENFORCEMENT OF ORDERS AGAINST scribed in section 402(c))’’ after ‘‘part’’. year as the increase in the number of poor PATERNAL GRANDPARENTS IN people as so determined for such State bears CASES OF MINOR PARENTS. AMENDMENT NO. 2472 to the total increase of poor people as so de- Section 466(a) (42 U.S.C. 666(a)), as amended On page 40, between lines 16 and 17, insert termined for all States. by sections 915, 917(a), 923, 965, 969, and 976, is the following: ‘‘(D) REQUIREMENT THAT DATA RELATING TO amended by adding at the end the following ‘‘(4) FAILURE OF STATE TO PROVIDE WORK-AC- THE INCIDENCE OF POVERTY IN THE UNITED new paragraph: TIVITY RELATED SERVICES.—The limitation STATES BE PUBLISHED.— ‘‘(17) Procedures under which any child described in paragraph (1) shall not apply to ‘‘(i) IN GENERAL.—The Secretary shall, to support order enforced under this part with a family receiving assistance under this part the extent feasible, produce and publish for respect to a child of minor parents, if the if the State fails to provide the work experi- each State, county, and local unit of general mother of such child is receiving assistance ence, assistance in finding employment, and purpose government for which data have under the State grant under part A, shall be other work preparation activities and sup- been compiled in the then most recent cen- enforceable, jointly and severally, against port services described in section sus of population under section 141(a) of title the paternal grandparents of such child.’’. 402(a)(1)(A)(ii) to the adult individual de- 13, United States Code, and for each school scribed in paragraph (1). district, data relating to the incidence of MOSELEY-BRAUN AMENDMENTS poverty. Such data may be produced by AMENDMENT NO. 2473 NOS. 2471–2474 means of sampling, estimation, or any other On page 122, between lines 11 and 12, insert method that the Secretary determines will Ms. MOSELEY-BRAUN proposed four the following: produce current, comprehensive, and reliable amendments to amendment No. 2280 SEC. 111. MODIFICATIONS TO THE JOB OPPORTU- data. proposed by Mr. DOLE to the bill, H.R. NITIES FOR CERTAIN LOW-INCOME ‘‘(ii) CONTENT; FREQUENCY.—Data under 4, supra, as follows: INDIVIDUALS PROGRAM. this subparagraph— Section 505 of the Family Support Act of ‘‘(I) shall include— AMENDMENT NO. 2471 1988 (42 U.S.C. 1315 note) is amended— ‘‘(aa) for each school district, the number On page 12, between lines 22 and 23, insert (1) in the heading, by striking ‘‘demonstra- of children age 5 to 17, inclusive, in families the following: tion''; below the poverty level; and ‘‘(G) Assess and provide for the needs of a (2) by striking ‘‘demonstration’’ each place ‘‘(bb) for each State and county referred to minor child who is eligible for the child it appears; in clause (i), the number of individuals age 65 voucher program established under sub- (3) in subsection (a), by striking ‘‘in each or older below the poverty level; and section (c). of fiscal years’’ and all that follows through S 12868 CONGRESSIONAL RECORD — SENATE September 7, 1995 ‘‘10’’ and inserting ‘‘shall enter into agree- SEC. . SENSE OF THE SENATE REGARDING EN- paragraph (1), by the end of the 5-day period ments with’’; TERPRISE ZONES. that begins on the date that it becomes clear (4) in subsection (b)(3), by striking ‘‘aid to (a) FINDINGS.—The Senate finds that— to the caretaker relative that the minor families with dependent children under part (1) Many of the Nation’s urban centers are child will be absent for the period so speci- A of title IV of the Social Security Act’’ and places with high levels of poverty, high rates fied or provided for in paragraph (1). inserting ‘‘assistance under the State pro- of welfare dependency, high crime rates, poor On page 130, line 8, insert ‘‘, Social Secu- gram funded part A of title IV of the Social schools, and joblessness; rity number, and photograph (if applicable)’’ Security Act in the State in which the indi- (2) Federal tax incentives and regulatory before ‘‘of any recipient’’. vidual resides’’; reforms can encourage economic growth, job On page 198, between lines 14 and 15, insert (5) in subsection (c)— creation and small business formation in the following new section: (A) in paragraph (1)(C), by striking ‘‘aid to many urban centers; SEC. ll. DISQUALIFICATION OF FLEEING FEL- families with dependent children under part (3) Encouraging private sector investment ONS. A of title IV of the Social Security Act’’ and in America’s economically distressed urban Section 6 of the Food Stamp Act of 1977 (7 inserting ‘‘assistance under the State pro- and rural areas is essential to breaking the U.S.C. 2015), as amended by section 319(a), is gram funded part A of title IV of the Social cycle of poverty and the related ills of crime, further amended by adding at the end the Security Act’’; drug abuse, illiteracy, welfare dependency, following new subsection: (B) in paragraph (2), by striking ‘‘aid to and unemployment; ‘‘(o) No member of a household who is oth- families with dependent children under title (4) The empowerment zones enacted in 1993 erwise eligible to participate in the food IV of such Act’’ and inserting ‘‘assistance should be enhanced by providing incentives stamp program shall be eligible to partici- under the State program funded part A of to increase enterpreneurial growth, capital pate in the program as a member of that or title IV of the Social Security Act’’; formation, job creation educational opportu- any other household during any period dur- (6) in subsection (d), by striking ‘‘job op- nities, and homeownership in the designated ing which the individual is— portunities and basic skills training program communities and zones; ‘‘(1) fleeing to avoid prosecution, or cus- (as provided for under title IV of the Social (b) SENSE OF THE SENATE.—Therefore, it is tody or confinement after conviction, under Security Act’’ and inserting ‘‘the State pro- the Sense of the Senate that the Congress the laws of the place from which the individ- gram funded under part A of title IV of the should adopt enterprise zone legislation in ual flees, for a crime, or attempt to commit Social Security Act’’; and the 104th Congress, and that such enterprise a crime, which is a felony under the laws of (7) by striking subsections (e) through (g) zone legislation provide the following incen- the place from which the individual flees, or and inserting the following: tives and provisions: which, in the case of the State of New Jer- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (1) Federal tax incentives that expand ac- sey, is a high misdemeanor under the laws of For the purpose of conducting projects under cess to capital, increase the formation and such State; or this section, there is authorized to be appro- expansion of small businesses, and promote ‘‘(2) violating a condition of probation or priated an amount not to exceed $25,000,000 commercial revitalization; parole imposed under Federal or State law.’’. for any fiscal year.’’. (2) Regulatory reforms that allow local- On page 302 after line 5, add the following Redesignate the succeeding sections ac- ities to petition Federal agencies, subject to new section: cordingly. the relevant agencies’ approval, for waivers or modifications of regulations to improve SEC. 504. INFORMATION REPORTING. (a) TITLE IV OF THE SOCIAL SECURITY AMENDMENT NO. 2474 job creation, small business formation and ACT.—Section 405 of the Social Security Act, On page 25, strike lines 13 through 18, and expansion, community development, or eco- as added by section 101(b), is amended by insert the following: nomic revitalization objectives of the enter- adding at the end the following new sub- ‘‘(3) AUTHORITY TO RESERVE CERTAIN prise zones; section: AMOUNTS FOR ASSISTANCE.— (3) Homeownership incentives and grants ‘‘(f) STATE REQUIRED TO PROVIDE CERTAIN ‘‘(A) IN GENERAL.—A State may reserve to encourage resident management of public INFORMATION.—Each State to which a grant amounts paid to the State under this part for housing and home ownership of public hous- is made under section 403 shall, at least 4 any fiscal year for the purpose of providing, ing; times annually and upon request of the Im- without fiscal year limitation, assistance (4) School reform pilot projects in certain migration and Naturalization Service, fur- under the State program operated under this designated enterprise zones to provide low- nish the Immigration and Naturalization part. income parents with new and expanded edu- Service with the name and address of, and ‘‘(B) EXCEPTION.—In any fiscal year, a cational options for their children’s elemen- other identifying information on, any indi- State may not exercise the authority de- tary and secondary schooling. vidual who the State knows is unlawfully in scribed in subparagraph (A) if the State has the United States.’’. reduced the amount of cash assistance pro- SANTORUM (AND NICKLES) (b) SSI.—Section 1631(e) of such Act (42 vided per family member to families under AMENDMENT NO. 2477 U.S.C. 1383(e)) is amended— the State program during the preceding fis- (1) by redesignating the paragraphs (6) and cal year. Mr. SANTORUM (for himself and Mr. (7) inserted by sections 206(d)(2) and 206(f)(1) NICKLES) proposed an amendment to of the Social Security Independence and Pro- PELL AMENDMENT NO. 2475 amendment No. 2280 proposed by Mr. grams Improvement Act of 1994 (Public Law (Ordered to lie on the table.) DOLE to the bill H.R. 4, supra, as fol- 103–296; 108 Stat. 1514, 1515) as paragraphs (7) Mr. PELL submitted an amendment lows: and (8), respectively; and intended to be proposed by him to On page 42, line 2, insert ‘‘, Social Security (2) by adding at the end the following new number, and photograph (if applicable)’’ be- paragraph: amendment No. 2280 proposed by Mr. fore ‘‘of any recipient’’. ‘‘(9) Notwithstanding any other provision DOLE to the bill H.R. 4, supra, as fol- On page 42, between lines 21 and 22, insert of law, the Commissioner shall, at least 4 lows: the following new subsection: times annually and upon request of the Im- On page 439, strike lines 10 through 15. ‘‘(e) DENIAL OF ASSISTANCE FOR ABSENT migration and Naturalization Service (here- On page 439, line 16, strike ‘‘C)’’ and insert CHILD.—Each State to which a grant is made after in this paragraph referred to as the ‘‘(B)’’. under section 403— ‘Service’), furnish the Service with the name On page 440, between lines 14 and 15, insert ‘‘(1) may not use any part of the grant to and address of, and other identifying infor- the following new subsection: provide assistance to a family with respect mation on, any individual who the Commis- (d) COVERAGE OF STATES.—Notwithstand- to any minor child who has been, or is ex- sioner knows is unlawfully in the United ing any other provision of this subtitle, prior pected by the caretaker relative in the fam- States, and shall ensure that each agreement to July 1, 1998, the Secretary shall ensure ily to be, absent from the home for a period entered into under section 1616(a) with a that all States have at least 1 Job Corps cen- of 45 consecutive days or, at the option of State provides that the State shall furnish ter in the State. the State, such period of not less than 30 and such information at such times with respect not more than 90 consecutive days as the to any individual who the State knows is un- ABRAHAM (AND LIEBERMAN) State may provide for in the State plan; lawfully in the United States.’’. AMENDMENT NO. 2476 ‘‘(2) at the option of the State, may estab- (c) HOUSING PROGRAMS.—Title I of the (Ordered to lie on the table.) lish such good cause exceptions to paragraph United States Housing Act of 1937 (42 U.S.C. Mr. ABRAHAM (for himself and Mr. (1) as the State considers appropriate if such 1437 et seq.), as amended by section 1004, is exceptions are provided for in the State plan; further amended by adding at the end the LIEBERMAN) submitted an amendment and following new section: intended to be proposed by them to ‘‘(3) shall provide that a caretaker relative ‘‘SEC. 28. PROVISION OF INFORMATION TO LAW amendment No. 2280 proposed by Mr. shall not be considered an eligible individual ENFORCEMENT AND OTHER AGEN- DOLE to the bill H.R. 4, supra, as fol- for purposes of this part if the caretaker rel- CIES. lows: ative fails to notify the State agency of an ‘‘(a) NOTICE TO IMMIGRATION AND NATU- At the appropriate place in the bill, add absence of a minor child from the home for RALIZATION SERVICE OF ILLEGAL ALIENS.— the following new section: the period specified in or provided for under Notwithstanding any other provision of law, September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12869 the Secretary shall, at least 4 times annually ‘‘(i) is fleeing to avoid prosecution, or cus- having a population greater than 500,000 de- and upon request of the Immigration and tody or confinement after conviction, under siring to conduct a demonstration project Naturalization Service (hereafter in this sub- the laws of the place from which the individ- describing in paragraph (2) of the purpose of section referred to as the ‘Service’), furnish ual flees, for a crime, or attempt to commit establishing appropriate rules to govern the the Service with the name and address of, a crime, which is a felony under the laws of establishment and operation of such project. and other identifying information on, any in- the place from which the individual flees, or ‘‘(2) DEMONSTRATION PROJECT DESCRIBED.— dividual who the Secretary knows is unlaw- which, in the case of the State of New Jer- The demonstration project described in this fully in the United States, and shall ensure sey, is a high misdemeanor under the laws of paragraph shall provide that— that each contract for assistance entered such State; or ‘‘(A) a county participating in the dem- into under section 6 or 8 of this Act with a ‘‘(ii) is violating a condition of probation onstration project shall have the authority public housing agency provides that the pub- or parole imposed under Federal or State and duty to administer the operation of the lic housing agency shall furnish such infor- law; or program described under this part as if the mation at such times with respect to any in- ‘‘(iii) has information that is necessary for county were considered a State for the pur- dividual who the public housing agency the officer to conduct the officer’s official pose of this part; knows is unlawfully in the United States.’’. duties; ‘‘(B) the State in which the county partici- At the appropriate place, insert the follow- ‘‘(B) the location or apprehension of the re- pating in the demonstration project is lo- ing new section: cipient is within such officer’s official du- cated shall pass through directly to the SEC. ll. ELIMINATION OF HOUSING ASSIST- ties; and county the portion of the grant received by ANCE WITH RESPECT TO FUGITIVE ‘‘(C) the request is made in the proper exer- the State under section 403 which the State FELONS AND PROBATION AND PA- cise of the officer’s official duties.’’. determines is attributable to the residents of ROLE VIOLATORS. such county; and (a) ELIGIBILITY FOR ASSISTANCE.—The Unit- ‘‘(C) the duration of the project shall be for ed States Housing Act of 1937 (42 U.S.C. 1437 FEINSTEIN AMENDMENTS NOS. 5 years. et seq.) is amended— 2478–2479 ‘‘(3) COMMENCEMENT OF PROJECT.—After the (1) in section 6(l)— conclusion of the negotiations described in (A) in paragraph (5), by striking ‘‘and’’ at Mrs. FEINSTEIN proposed two paragraph (2), the Secretary of Health and the end; amendments to amendment No. 2280 Human Services and the the Secretary of Ag- (B) in paragraph (6), by striking the period proposed by Mr. DOLE to the bill H.R. 4, riculture may authorize a county to conduct at the end and inserting ‘‘; and’’; and supra, as follows: to demonstration project described in para- (C) by inserting immediately after para- AMENDMENT NO. 2478 graph (2) in accordance with the rules estab- graph (6) the following new paragraph: lished during the negotiations. On page 274, lines 23 and 24, strike ‘‘indi- ‘‘(7) provide that it shall be cause for im- ‘‘(4) REPORT.—Not later than 6 months mediate termination of the tenancy of a pub- vidual (whether a citizen or national of the after the termination of a demonstration lic housing tenant if such tenant— United States or an alien)’’ and insert project operated under this subsection, the ‘‘(A) is fleeing to avoid prosecution, or cus- ‘‘alien’’. Secretary of Health and Human Services and tody or confinement after conviction, under On page 275, line 5, strike ‘‘individual’’ and the Secretary of Agriculture shall submit to the laws of the place from which the individ- insert ‘‘alien’’. the Congress a report that includes— ual flees, for a crime, or attempt to commit On page 275, line 10, strike ‘‘individual’s’’ ‘‘(A) a description of the demonstration a crime, which is a felony under the laws of and insert ‘‘alien’s’’. project; the place from which the individual flees, or On page 275, line 11, strike ‘‘individual’’ ‘‘(B) the rules negotiated with respect to which, in the case of the State of New Jer- and insert ‘‘alien’’. the project; and sey, is a high misdemeanor under the laws of On page 275, line 14, strike ‘‘individual’’ ‘‘(C) the innovations (if any) that the coun- such State; or and insert ‘‘alien’’. ty was able to initiate under the project. ‘‘(2) is violating a condition of probation or On page 275, line 20, strike ‘‘individual’’ and insert ‘‘alien’’. parole imposed under Federal or State law.’’; FEINGOLD AMENDMENT NO. 2480 and On page 275, line 21, strike ‘‘individual’’ (2) in section 8(d)(1)(B)— and insert ‘‘alien’’. Mr. FEINGOLD proposed an amend- (A) in clause (iii), by striking ‘‘and’’ at the On page 276, lines 2 and 3, strike ‘‘individ- ment to amendment No. 2280 proposed end; ual (whether a citizen or national of the by Mr. DOLE to the bill H.R. 4, supra, as (B) in clause (iv), by striking the period at United States or an alien)’’ and insert follows: the end and inserting ‘‘; and’’; and ‘‘alien’’. On page 276, line 14, strike ‘‘individual’’ AMENDMENT NO. 2480 (C) by adding after clause (iv) the following and insert ‘‘alien’’. On page 283, after 23, insert the following: new clause: On page 278, line 1, strike ‘‘ ’’ (f) STUDY OF IMPACT OF AMENDMENTS ON ‘‘(v) it shall be cause for termination of the NONCITIZENS and insert ‘‘ ’’. PROGRAM PARTICIPATION AND FAMILY DAY tenancy of a tenant if such tenant— ALIENS On page 278, line 8, strike ‘‘a noncitizen’’ CARE LICENSING.— ‘‘(I) is fleeing to avoid prosecution, or cus- and insert ‘‘an alien’’. (1) IN GENERAL.—The Secretary of Agri- tody or confinement after conviction, under On page 278, line 13, strike ‘‘a noncitizen’’ culture, in conjunction with the Secretary of the laws of the place from which the individ- and insert ‘‘an alien’’. Health and Human Services, shall study the ual flees, for a crime, or attempt to commit On page 278, line 16, strike ‘‘a noncitizen’’ impact of the amendments made by this sec- a crime, which is a felony under the laws of and insert ‘‘an alien’’. tion on— the place from which the individual flees, or On page 278, line 22, strike ‘‘a noncitizen’’ (A) the number of family day care homes which, in the case of the State of New Jer- and insert ‘‘an alien’’. participating in the child and adult care food sey, is a high misdemeanor under the laws of On page 279, line 4, strike ‘‘a noncitizen’’ program established under section 17 of the such State; or and insert ‘‘an alien’’. National School Lunch Act (42 U.S.C. 1766); ‘‘(II) is violating a condition of probation On page 279, line 6, strike ‘‘A noncitizen’’ (B) the number of day care home sponsor- or parole imposed under Federal or State and insert ‘‘An alien’’. ing organizations participating in the pro- law;’’. On page 279, line 8, strike ‘‘noncitizen’’ and gram; (b) PROVISION OF INFORMATION TO LAW EN- insert ‘‘alien’’. (C) the number of day care homes that are FORCEMENT AGENCIES.—Section 28 of the licensed, certified, registered, or approved by United States Housing Act of 1937, as added each State in accordance with regulations is- AMENDMENT NO. 2479 by section 504(c) of this Act, is amended by sued by the Secretary; adding at the end the following new sub- On page 69, strike lines 18 through 22, and (D) the rate of growth of the numbers re- section: insert the following: ferred to in subparagraphs (A) through (C); ‘‘(b) EXCHANGE OF INFORMATION WITH LAW ‘‘SEC. 413. STATE AND COUNTY DEMONSTRATION (E) the nutritional adequacy and quality of ENFORCEMENT AGENCIES.—Notwithstanding PROGRAMS. meals served in family day care homes any other provision of law, each public hous- ‘‘(a) NO LIMITATION OF STATE DEMONSTRA- that— ing agency that enters into a contract for as- TION PROJECTS.—Nothing in this part shall be (i) received reimbursement under the pro- sistance under section 6 or 8 of this Act with construed as limiting a State’s ability to gram prior to the amendments made by this the Secretary shall furnish any Federal, conduct demonstration projects for the pur- section but do not receive reimbursement State, or local law enforcement officer, upon pose of identifying innovative or effective after the amendments made by this section; the request of the officer, with the current program designs in 1 or more political sub- or address, Social Security number, and photo- divisions of the State. (ii) received full reimbursement under the graph (if applicable) of any recipient of as- ‘‘(b) COUNTY WELFARE DEMONSTRATION program prior to the amendments made by sistance under this Act, if the officer— PROJECT.— this section but do not receive full reim- ‘‘(1) furnishes the public housing agency ‘‘(1) IN GENERAL.—The Secretary of Health bursement after the amendments made by with the name of the recipient; and and Human Services and the Secretary of this section; and ‘‘(2) notifies the agency that— Agriculture shall jointly enter into negotia- (F) the proportion of low-income children ‘‘(A) such recipient— tions with all counties or a group of counties participating in the program prior to the S 12870 CONGRESSIONAL RECORD — SENATE September 7, 1995 amendments made by this section and the port a second time or any subsequent time COMMITTEE ON LABOR AND HUMAN RESOURCES proportion of low-income children partici- shall not be eligible to receive any means- Mr. GRAMS. Mr. President, I ask pating in the program after the amendments tested Federal benefits for a 2-year period unanimous consent that the Commit- made by this section. beginning on the date that such parent failed tee on Labor and Human Resources be (2) REQUIRED DATA.—Each State agency to meet such terms. participating in the child and adult care food (B) At the end of that two-year period, authorized to meet for a hearing on the program under section 17 of the National paragraph (A) shall once again apply to that nomination of Harris Wofford to be School Lunch Act (42 U.S.C. 1766) shall sub- individual. Chief Executive Officer of the Corpora- mit to the Secretary data on— (c) MEANS-TESTED FEDERAL BENEFITS.—For tion for National and Community Serv- (A) the number of family day care homes purposes of this section, the term ‘‘means- ice, during the session of the Senate on participating in the program on July 31, 1996, tested Federal benefits’’ means benefits Thursday, September 7, 1995, at 9:30 and July 31, 1997; under any program of assistance, funded in a.m. (B) the number of family day care homes whole or in part, by the Federal Govern- The PRESIDING OFFICER. Without licensed, certified, registered, or approved ment, for which eligibility for benefits is objection, it is so ordered. for service on July 31, 1996, and July 31, 1997; based on need. and SUBCOMMITTEE ON THE CONSTITUTION f (C) such other data as the Secretary may Mr. GRAMS. Mr. President, I ask require to carry out this subsection. NOTICES OF HEARING unanimous consent that the Sub- (3) SUBMISSION OF REPORT.—Not later than committee on the Constitution of the 2 years after the effective date of section 423 COMMITTEE ON INDIAN AFFAIRS Committee on the Judiciary, be au- of this Act, the Secretary shall submit the Mr. MCCAIN. Mr. President, I would study required under this subsection to the thorized to hold a hearing during the like to announce that the Senate Com- session of the Senate on Thursday, Committee on Economic and Educational mittee on Indian Affairs will hold a Opportunities of the House of Representa- September 7, 1995, at 10 a.m. to con- tives and the Committee on Agriculture, Nu- hearing on Wednesday, September 13, sider an overview of affirmative action. trition, and Forestry of the Senate. 1995, beginning at 9 a.m., in room 485 of The PRESIDING OFFICER. Without the Russell Senate Office Building. The objection, it is so ordered. purpose of the hearing is to consider FEINGOLD (AND KOHL) SUBCOMMITTEE ON EAST ASIAN AND PACIFIC the nomination of Paul N. Homan to be AMENDMENT NO. 2481 AFFAIRS Special Trustee in the Office of the Mr. FEINGOLD (for himself and Mr. Mr. GRAMS. Mr. President, I ask Special Trustee for American Indians unanimous consent that the Sub- KOHL) proposed an amendment to in the Department of the Interior. amendment No. 2280 proposed by Mr. committee on East Asian and Pacific Those wishing additional information Affairs of the Committee on Foreign DOLE to the bill H.R. 4, supra, as fol- should contact the Committee on In- Relations be authorized to meet during lows: dian Affairs at 224–2251. At the appropriate place in title X add the the session of the Senate on Thursday, following: SUBCOMMITTEE ON ENERGY PRODUCTION AND September 7, 1995, at 2 p.m. REGULATION SEC. 10. DEMONSTRATION PROJECT FOR ELIMI- The PRESIDING OFFICER. Without NATION OF TAKE-ONE-TAKE-ALL RE- Mr. NICKLES. Mr. President, I would objection, it is so ordered. QUIREMENT. like to announce for the information of SUBCOMMITTEE ON TERRORISM, TECHNOLOGY In order to demonstrate the effects of the Senate and the public that a hear- AND GOVERNMENT INFORMATION eliminating the requirement under section ing has been scheduled before the Sub- Mr. GRAMS. Mr. President, I ask 8(t) of the United States Housing Act of 1937, committee on Energy Production and unanimous consent that the Sub- notwithstanding any other provision of law, Regulation to consider S. 1014, to im- beginning on the date of enactment of this committee on Terrorism, Technology, Act, section 8(t) of such the United States prove the management of royalties and Government Information for the Housing Act of 1937 shall not apply with re- from Federal and Outer Continental Committee on the Judiciary be author- spect to the multifamily housing project (as Shelf oil and gas leases, and for other ized to meet during the session of the such term is defined in section 8(t)(2) of the purposes, and S. 1012, to extend time Senate on Thursday, September 7, 1995, United States Housing Act of 1937) consisting for construction of certain FERC-li- at 2 p.m. in SH–216 to hold a hearing on of the dwelling units located at 2401–2479 censed hydro projects. the Ruby Ridge Incident. Somerset Circle, in Madison, Wisconsin. The hearing will take place Thurs- Amend the table of contents accordingly. The PRESIDING OFFICER. Without day, September 14, 1995, at 3 p.m. in objection, it is so ordered. room SD–366 of the Dirksen Senate Of- f BOXER AMENDMENT NO. 2482 fice Building in Washington, DC. Mrs. BOXER proposed an amendment Those wishing to testify or who wish ADDITIONAL STATEMENTS to amendment No. 2280 proposed by Mr. to submit written statements should DOLE to the bill H.R. 4, supra, as fol- write to the Committee on Energy and lows: Natural Resources, U.S. Senate, Wash- POSITION ON VOTES AMENDMENT NO. 2482 ington, DC 20510. For further informa- ∑ Mr. AKAKA. Mr. President, on Sep- On page 712, between lines 9 and 10, insert tion regarding S. 1014, please call Mi- tember 5 and 6, 1995, I missed several the following: chael Poling at (202) 224–8276 or Judy votes because I was attending a memo- SEC. 972. DENIAL OF MEANS-TESTED FEDERAL Brown at 224–7556, and regarding S. rial service in Hawaii. Were I present BENEFITS TO NONCUSTODIAL PAR- 1012, please call Howard Useem at (202) on September 5, I would have voted ENTS WHO ARE DELINQUENT IN 224–6567 or Judy Brown at 224–7556. PAYING CHILD SUPPORT. ‘‘aye’’ on rollcall vote No. 397, final (a) IN GENERAL.—Notwithstanding any f passage of S. 1087, the Department of other provision of law, a non-custodial par- Defense appropriations bill. ent who is more than 2 months delinquent in AUTHORITY FOR COMMITTEES TO On September 6, I missed rollcall paying child support shall not be eligible to MEET votes No. 398 and No. 399. Were I receive any means-tested Federal benefits. COMMITTEE ON GOVERNMENTAL AFFAIRS present, I would have voted ‘‘aye’’ on (b) EXCEPTION.— Mr. GRAMS. Mr. President, I ask rollcall vote No. 398, the Nunn amend- (1) IN GENERAL.—Subsection (a) shall not ment pertaining to our Nation’s mis- apply to an unemployed non-custodial parent unanimous consent on behalf of the who is more than 2 months delinquent in Governmental Affairs Committee to sile defense policy. I would have also paying child support if such parent— meet on Thursday, September 7, at 10 voted ‘‘aye’’ on rollcall vote No. 399, (A) enters into a schedule of repayment for a.m. for a markup on the following final passage of the Department of De- past due child support with the entity that agenda: fense authorization bill.∑ issued the underlying child support order; Legislation: f and S. 929, the Department of Commerce (B) meets all of the terms of repayment RECOGNIZING RICHARD TISSIERE specified in the schedule of repayment as en- Dismantling Act. forced by the appropriate disbursing entity. S. 177 to repeal the Ramspeck Act. ∑ Mr. LAUTENBERG. Mr. President, I (2) 2-YEAR EXCLUSION.—(A) A non-custodial The PRESIDING OFFICER. Without rise today to pay tribute to Richard parent who becomes delinquent in child sup- objection, it is so ordered. Tissiere, an outstanding New Jerseyan, September 7, 1995 CONGRESSIONAL RECORD — SENATE S 12871 who is being honored this week for his Committee almost 3 years ago. That who came forward on this the very first dedication and service to the labor criteria is straightforward. case in the U.S. Senate involving vic- movement. First, that the victims’ complaints tims. Mr. President, Richard Tissiere has be taken serious and given value. That I also want to thank the women of had a long and successful career as a the women who came forward be given Oregon for their patience. For it is labor leader in my State of New Jersey. a fair shake, and, that they be treated those women who stood by the Ethics Currently he is president and business with respect and with dignity. And, Committee in these 34 months and manager for the Laborers’ Union Local second, that we clearly demonstrate placed their trust in the institutional 472 of the AFL–CIO. that the Senate could demonstrate processes of the U.S. Senate. Mr. Tissiere’s contributions to the that it could police its own. And that I think when our vote was taken yes- union began when he joined the local in the Ethics Committee would process terday that the Senate showed that we 1952. He worked as a laborer, shop stew- this with honor and bring honor to the could police our own. So, now the work ard, and foreman, and he continued to U.S. Senate. of the Ethics Committee has been com- serve the local when he was elected in I believe the committee resolution pleted. 1964 to Local 472’s executive board. The meets these criteria. The committee of This is a sad day for the Senate, but local recognized his talents and com- which I am a member carefully re- I am glad that Senator PACKWOOD has mitment when he was elected president viewed the evidence and found substan- written his own final chapter and in 1976, and when he was chosen as tial credible evidence that Senator ended his Senate career with dignity.∑ union business manager in 1983. Fi- PACKWOOD’s conduct was an abuse of f nally, in 1990, he was acknowledged for his position, an abuse of power and his devotion to the labor movement that he brought dishonor upon the U.S. ORDERS FOR FRIDAY, SEPTEMBER when he was appointed to the New Jer- Senate. 8, 1995 sey AFL–CIO Executive Board as its Senator PACKWOOD has shown a fla- Mr. NICKLES. Mr. President, I ask vice president. grant disregard for the victims, the unanimous consent that when the Sen- Mr. Tissiere has also undertaken Senate, and for the citizens of Oregon. ate completes its business today it other projects that have benefited the His conduct is a systematic abuse of stand in recess until the hour of 9:15 labor movement in New Jersey. He has women, power, and this institution. a.m. on Friday, September 8, 1995, and been actively involved as a charter He has made at least 18 unwanted, that following the prayer the Journal member for the New Jersey Alliance unwelcome sexual advances on women. of proceedings be deemed approved to for Action and the Project Build Labor He intentionally obstructed the com- date and the time for the two leaders Management Committee. For his ac- mittee’s inquiry by tampering with his be reserved for their use later in the complishments with the Alliance for diary. He asked lobbyists for jobs for day; that the Senate then immediately Action, he was honored as a recipient his wife to reduce his alimony pay- resume consideration of H.R. 4, the of the alliance’s Eagle Award. ments. His offenses taken cumula- welfare reform bill, and that Senator In recognition of Mr. Tissiere’s work tively, and even individually, are unac- SANTORUM be recognized for up to five to improve the labor movement, he was ceptable. minutes for debate in relationship to appointed to serve on Senator BRAD- By any standard, in any workplace in his amendment; further, that at the LEY’s Labor Advisory Committee. the United States of America, he would hour of 9:30 a.m. the Senate proceed to While serving on the committee, he have been fired for this. I voted to fire a vote on or in relation to the Brown was able to display his leadership and Senator PACKWOOD from the U.S. Sen- amendment, numbered 2465, to be im- push forward a positive agenda for both ate. mediately followed by a vote on or in the committee and the labor move- For me the past 34 months have been relation to the Santorum amendment ment. In 1991, Mr. Tissiere was further extraordinary. When then Majority numbered 2477. recognized by the Governor’s office Leader GEORGE MITCHELL asked me to I further ask unanimous consent fur- when he was presented with the Peter serve on the Ethics Committee, I knew ther that when the Senate resumes J. McGuire Labor Excellence Award, that I would be the only woman on the consideration of the Moynihan amend- one of the Governor’s annual Pride of Ethics Committee. ment, numbered 2466, there be 90 min- I was willing to assume that role. I New Jersey awards. utes of debate equally divided between Not only has Mr. Tissiere made out- knew it was a special responsibility the two managers; and I further ask standing contributions to the labor and a special duty. I knew I had a duty unanimous consent that the majority movement, but he has actively contrib- to the Senate. I knew I had a duty to leader will have until the beginning of uted his time and effort to many public the victims and I knew I had a duty to the first rollcall vote on Friday to service endeavors. He served in the the women of America. modify his amendment. U.S. Navy, and has provided assistance I wanted to be sure that I was a voice The PRESIDING OFFICER. Without to the Ironbound Boys and Girls Club for women. Not only for the victims objection, it is so ordered. in Newark, where he served on the whose voices I wanted to be heard, I board of advisers. He continues his con- also wanted to be a voice for women in f tributions to his community by serving how they are treated in a workplace. PROGRAM as an active member on the Task Force I wanted to be a voice for women who for Women in Construction. are victims in situations of sexual as- Mr. NICKLES. For the information of Mr. President, I extend my sincerest sault where often they themselves are all Senators, the Senate will resume congratulations to Richard Tissiere for doubly victimized. First, by the assail- consideration of welfare reform bill to- his many contributions to the labor ant and then by the very process of morrow morning with two consecutive movement in New Jersey, and wish him prosecution. rollcall votes beginning at 9:30 a.m. all the best in his future endeavors.∑ I also wanted to be sure that I was a Senators should also expect further rollcall votes throughout Friday’s ses- f voice that women’s concerns would not be minimized, trivialized, or dis- sion of the Senate. ETHICS COMMITTEE’S RESOLU- regarded. I believe that I worked to ful- Also, as a reminder, under the pre- TION REGARDING SENATOR fill that responsibility. I articulated vious consent agreement all Senators PACKWOOD this throughout the ethics process on will have until 5 p.m. tomorrow to offer ∑ Ms. MIKULSKI. Mr. President, yes- the Packwood matter. their amendments to the welfare re- terday, I voted to support the Ethics I articulated this to the men of the form bill. Committee’s resolution recommending committee and those men have stepped f that Senator PACKWOOD be expelled up and honored that responsibility. I from the U.S. Senate. want to thank the men of the Ethics RECESS UNTIL 9:15 A.M. Expulsion meets the criteria I set Committee for the role that they TOMORROW forth for myself in evaluating this case played in giving value, worth, and Mr. NICKLES. Mr. President, if there when I was appointed to the Ethics voice and a fair shake to the women is no further business to come before S 12872 CONGRESSIONAL RECORD — SENATE September 7, 1995 the Senate, I ask unanimous consent ator from Oklahoma for his careful There being no objection, the Senate that the Senate stand in recess as conclusion of the day and for his prep- at 9:17 p.m. recessed until tomorrow, under the previous order. arations for tomorrow. Friday, September 8, 1995, at 9:15 a.m. Mr. MOYNIHAN. Mr. President, may I simply express my thanks to the Sen- September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1715 EXTENSIONS OF REMARKS

A SPECIAL MEMBERS’ PRAYER This is our prayer. Amen. Amen. blessing for those in war torn areas of the SERVICE ST. PETER’S CATHOLIC INTRODUCTORY REMARKS world, that peace may come to their lands CHURCH, 313 2ND STREET, (The Honorable Bill Emerson) and that people can live together without SOUTHEAST ON WEDNESDAY, hate and strife. Welcome! We are very aware of the less fortunate JANUARY 4, 1995 AT 9:00 A.M. This is the day the Lord has made, let us among us, the poor, the sick, and the needy. be glad and rejoice in it. We pray that, during our deliberations, we The Speaker-elect of the House of Rep- can provide for opportunities for people to HON. BILL EMERSON resentatives requested that the events of progress and to better their station in life. OF MISSOURI this historic day, the convening of the 104th Help us all to have compassion for the truly Congress, commence with a service of prayer IN THE HOUSE OF REPRESENTATIVES needy, and to remember that the worth of for all Members and Members-elect. We are Wednesday, September 6, 1995 each soul is great in Thy sight. bi-partisan and ecumenical, gathering in We pray for the families of our nation and Mr. EMERSON. Mr. Speaker, the opening body and spirit to invoke the blessings of Di- of the world. We recognize that families are day of this Congress began, at the request of vine Providence upon our assemblage—upon the bedrock upon which our civilization is our labors and the fruits of our labors. then Speaker-elect GINGRICH, with a Members' built, and that no earthly success or fame It is appropriate that we do this. can compensate for failure in our homes or Prayer Service which was held at St. Peter's Toward the close of the Constitutional in raising our children to be moral and just. Church on Capitol Hill. It was a significant Convention that created the body into which Help us, in all that we do, to strengthen the event in the history of this Congress and the we will today be sworn as Members, Ben- sacred institution of the family. House of Representatives. The many Mem- jamin Franklin rose, addressed the chair, the Now Father, we pray for our leadership in illustrious father of our country, and to his bers, Members-elect, and their families who the Congress of both political parties, that colleagues said: attended, and the many Americans who we may be successful, that we may work to- ‘‘I have lived . . . a long time, and the viewed this Service on C-Span, found it inspir- gether diligently for the benefit of all our longer I live the more convincing proofs I see citizens and for all people where ever they ing and poignant. of this truth—that God governs in the affairs may be. As we return from our prolonged August re- of men. And if a sparrow cannot fall to the And this we ask in the worthy name of Thy cess it seems altogether appropriate that we ground without His notice, is it probable Son, Jesus Christ, Amen. pause and reflect again on the importance of that an empire can arise without His aid?’’ keeping all our endeavors in perspective At the time of our greatest national strife READING FROM THE OLD TESTAMENT through our faith. It is in this spirit that I submit Abraham Lincoln said this: (The Honorable Benjamin A. Gilman) for the record the following transcript of this ‘‘Being a humble instrument in the hands ‘‘Zen haYom asah Adonai, Na-geelah Members' Prayer Service. of our heavenly Father, I desire that all my v’Nees-m’cha Vo.’’ words and acts may be according to His will; As David said in Psalm 118. ‘‘This is the PROCESSIONAL HYMN—‘‘GUIDE ME O THOU and that it may be so, I give thanks to the day that the Lord has made, let us be glad GREAT JEHOVAH’’ Almighty, and seek His aid.’’ and rejoice in it.’’ He will be our guide even to the end. Ps. 48:14 It is with these attitudes we gather today, Mr. Speaker-elect, My Dear Colleagues, Guide me, O thou great Jehovah, pilgrim and pray this service may be a blessing to all Father O’Sullivan, and Friends: What a won- through this barren land; participants and to our labors that lie ahead. derful day this is! Permit me to recite two I am weak, but thou art mighty; hold me PRAYER FOR THE PEOPLE AND ALL OF THOSE passages from Hebrew scriptures. One recalls with thy pow’rful hand; IN AUTHORITY that leadership in this world comes with Bread of heaven, Bread of heaven, feed me (The Honorable Jim Hansen) very special obligation to our Creator. The till I want no more, feed till I want no Our Father in Heaven, we are assembled other sets out a prophetic teaching we more. here prior to the beginning of the 104th ses- should always bear in mind, even in the hour Open now the crystal fountain, whence the sion of the United States Congress. Father, of our greatest triumph. In the first passage, healing stream doth flow; let the fire we are thankful to Thee to live in this great as the Israelites prepare to cross the Jordan, and cloudy pillar lead me all my jour- land of bounty. God admonishes Joshua in these words from ney through; strong Deliv’rer, strong We realize the great significance of this the First Chapter of the Book of Joshua: Deliv’rer, be thou still my strength and day, and pray for Thy blessings and guid- ‘‘Be strong and resolute, for you shall ap- shield, be thou still my strength and ance. As we take this sacred oath of office, portion to this people the land that I swore shield. and agree to uphold this inspired Constitu- to their fathers to give them. ‘‘But you must be very strong and resolute When I thread the verge of Jordan, bid my tion and the sacred freedoms which have to observe faithfully all the Teaching that anxious fears subside; Death of death been secured through the blood and sac- My servant Moses enjoined upon you. Do not and hell’s Destruction, land me safe on rifices of valiant men and women who have deviate from it to the left or to the right, Canaan’s side; songs of praises, songs of gone before us, may we realize that we are that you may be successful wherever you go. praises. servants of the people and sent to this cradle ‘‘Let not this Book of the Teaching cease I will ever give to thee, I will ever give to of Democracy to do their bidding. from your lips, but recite it day and night, thee. May we always remember that we are here to serve, and that we serve all the people, re- so that you may observe faithfully all that is CALL TO WORSHIP gardless of political affiliation, race, reli- written in it. Only then will you prosper in (The Honorable G. V. (Sonny) Montgomery) gion, or philosophy. Help us to work in har- your undertakings and only then will you be In the Call to Worship, I would like to read mony, with understanding, with patience, successful. one verse from the Book of Psalms 95:6 fol- and with an eye single to honest values, cor- ‘‘I charge you: Be strong and resolute; do lowed with a brief prayer. rect principles, to upholding the Constitu- not be terrified or dismayed, for the Lord The Psalm, ‘‘O Come, let us worship and tion. your God is with you wherever you go.’’ bow down. Let us kneel before the Lord, Our We pray for our President, William Jeffer- And in the Sixth Chapter of the Book of Maker! For He is our God, and we are the son Clinton, and his family, that he may be Micah, the Prophet taught: people of his pasture, and the sheep of His blessed as he carries out his awesome respon- ‘‘Would the Lord be pleased with thousands hand.’’ sibility. We pray for unity as we work to- of rams, Now let us pray. gether for the betterment of the United With myriads of streams of oil? . .. Our Father, You have given us this good States of America. Bless us with a spirit of ‘‘He has told you, O man, what is good, land for our benefit and have blessed us with cooperation, that we may deal justly and And what the Lord requires of you: every good thing. We offer this Prayer of fairly with one another regardless of our Only to do justice, And to love mercy, Thanksgiving for all Your good works to us philosophical differences. Help us to treat And to walk humbly with your God.’’ and to all people. each other as the brothers and sisters which We ask this day that You would bless our we truly are. TANAKH government with wisdom and that Your We also ask that Thy spirit may be poured A New Translation of The Holy Scriptures, teachings be done with kindness and in the out upon the leaders of the world, that peace According to the Traditional Hebrew Text, spirit of understanding and peace. and tranquility will prevail. We ask a special The Jewish Publication Society 1985.

∑ 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 1716 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995

HYMN—HOW GREAT THOU ART A lot of verses deal with that. There are As we toil in the effort to make the right Great is the Lord, and most worthy of praise many verses mentioning peace. And the one decisions for our nation we will be counseled Ps. 48:1 verse I really like, that I think addresses the and advised by many people . . . many inter- (Patricia Barnes, Soloist) issues is in Philippians. ‘‘Be anxious for ests . . . many inner feelings . . . First Verse nothing, but in everything by prayer and In the end help us all to remember that O Lord my God, when I in awesome wonder supplication, with thanksgiving, let your re- Your divine guidance is what we should turn consider all the worlds thy hands have quests be made known to God; and the peace to as the greatest authority . . . the greatest made, of God, which surpasses all understanding, special interest . . . because Your interest is I see the stars, I hear the rolling thunder, will guard your hearts and minds, through the best interest of the United States of they pow’r thro’-out the universe dis- Christ Jesus. America. played. Paul wrote this while he was in jail, in As representatives of every neighborhood prison, and he wrote under great manipula- in America we come from different back- Refrain tion and pressure and stress. Paul was a won- grounds . . . different ethnic groups . . . dif- Then sings my soul, my Savior God to thee: derful man, and he didn’t know from day to ferent economies . . . different cultures . . . how great thou art, how great thou art! day of things and pressures that were going different religious backgrounds. Then sings my soul, my Savior God to thee: to happen to him. But he had a world view, Lord help us to remember that above all how great thou art, how great thou art! and his world view was the view of the power we are alike because we are Americans first Fourth Verse of God in prayer, the peace of God in people’s . . . Americans first with a common interest When Christ shall come with shout of accla- hearts. And that is briefly what I want to of preserving the American dream for our mation and take me home, what joy pray about this morning. children and their children as our country shall fill my heart! We’ll bow our heads. grows and prospers in the next century. Then I shall bow in humble adoration and Thank you Father for the passage and for Lord, help us have the wisdom to appre- there proclaim, my God, how great the privilege of coming together today to ciate what we have and not to be wanting for thou art. ask for peace in the hearts of the Members of what we don’t have. Help us appreciate that READING FROM THE NEW TESTAMENT Congress, not only those taking office for the because our country was built on moral prin- (The Honorable Sue Myrick) first time, but for the other Members and for ciples of freedom and liberty we continue liv- MATTHEW 5:2–16 the leadership especially. We pray for them ing in the greatest country on earth. Help us and we just ask you to be with them, and Then He opened His mouth and taught them, appreciate that we live in a country that en- saying: most especially their spouses and children courages self-responsibility, self-reliance and ‘‘Blessed are the poor in spirit, and families, for whatever is going on in selflessness . . . For theirs is the kingdom of heaven. their family, let there be comfort and love Lord, help us understand that You give us Blessed are those who mourn, and peace. And, then peace among us as poli- our health, our intelligence and our talents For they shall be comforted. ticians and elected officials of this country. to strive for these principles. Finally Lord, Blessed are the meek, We pray that there be peace among the par- help us understand every day that what we For they shall inherit the earth. ties, O Lord, that as we go through the days do now can have a profound affect on what Blessed are those who hunger and thirst for and weeks that are coming, that we walk in happens to our great nation for future gen- righteousness, a manner that is worthy of You, that we erations . . . For they shall be filled. please You, that we increase in knowledge of Help us have the vision . . . the foresight . Blessed are the merciful, You and Your will. We just thank You for all . . the wisdom . . . the humility to pursue an For they shall obtain mercy. the things You do. We ask O God, as we de- agenda that helps the worker, the parent, Blessed are the pure in heart, liberate and as we go through this year, that the teacher, the child, the volunteer, the stu- For they shall see God. we ask the question of ourselves individ- dent and those less fortunate who need a Blessed are the peacemakers, ually, ‘‘God, what is it You ask of us to do helping hand. Help us understand, Dear Lord, For they shall be called sons of God. God? What is it You want us to do? Have we that They are what America is all about. Blessed are those who are persecuted for been those kind of servants?’’ If we can, and In Your Name we pray, Amen. if we do that O Lord, I believe we can have righteousness’ sake, HYMN—AMAZING GRACE! For theirs is the kingdom of heaven. peace in our hearts and peace in our country TRADITIONAL AMERICAN MELODY, WORDS BY Blessed are you when they revile and per- and will be helping with the peace in the JOHN NEWTON, 1779, ARRANGED BY WINTLEY secute you, and say all kinds of evil world. PHIPPS, JOHN STODDART AND ANDRIAN against you falsely for My sake. RESPONSIVE READING WESTNEY Rejoice and be exceedingly glad, for great is (The Honorable Blanche Lambert) your reward in heaven, for so they per- (Wintley Phipps, Soloist) PSALM 18:1–6 AND 31–36 secuted the prophets who were before Amazing grace! how sweet the sound that Leader: I will love thee, O Lord my you. saved a wretch like me! You are the sale of the earth; but if the salt strength. All: The Lord is my rock, and my fortress I once was lost, but now am found, was blind, loses its flavor, how shall it be sea- and my believer; my God, my strength, in but now I see. soned? It is then good for nothing but whom will I trust; my buckler, and the horn When we’ve been there ten thousand years, to be thrown out and trampled under of my salvation, and my high tower. bright shining as the sun, foot by men. Leader: I will call upon the Lord, who is We’ve no less days to sing God’s praise than You are the light of the world, A city that is worthy to be praised; so shall I be saved from when we’ve first begun. set on a hill cannot be hidden under a all mine enemies. basket, but on a lampstand, and it Hallelujah! Hallelujah! All: The sorrows of death encompassed me, Amen gives light to all who are in the house. and the floods of ungodly men made me THE HOMILY Let your light so shine before men that they afraid. may see your good works and glorify Leader: In my distress I called upon the (The Honorable Frank R. Wolf) your Father in heaven. Lord, and cried unto my God; He heard my When I was asked to give this talk, I was PRAYER FOR PEACE IN THE WORLD voice out of His temple, and my cry came be- initially very reluctant for several reasons. (The Honorable Tony P. Hall) fore Him, even into His ears. Not only is it sometimes difficult to speak When Bill Emerson asked me to pray for Leader: For who is God save the Lord? Or before your colleagues but I have stuttered world peace I went to my scriptures and who is a rock save our God? since I was a small boy and have always looked up all the passages on world peace— All: It is God that giveth me with strength, found speaking in public a challenge. or at least peace—and there were hundreds of and maketh my way perfect. As someone who stutters, I have drawn in- scriptures in both the Old and New Testa- Leader: He maketh my feet like hinds’ spiration from Chapter 4 of Exodus in the ments. I thought about it for a while and I feet, and setteth me upon my high places. Bible where God tells Moses to ask Pharaoh All: He teacheth my hands to war, so that thought that a lot of people have prayed for to let His people go, Moses answers, ‘‘I have a bow of steel is broken by mine arms. peace—for world peace—for a number of never been eloquent . . . I am slow of speech Leader: Thou hast also given me the shield years and often times it eludes us. and slow of tongue.’’ God assures Moses that of Thy salvation; and Thy gentleness hath And in light of what is going on in the He will send him help—and I’m sure I’ll get made me great. world today, as a matter of fact, I have been some help here. All: Thou has enlarged my steps under me, told that there are over 100 conflicts going But the greatest source of motivation for that my feet did not slip. on in the world right now, twenty-three or speaking today is the passage in Matthew twenty-four major humanitarian crises, and PRAYER FOR GUIDANCE Chapter 10 verse 32, where Jesus says, I felt it may be better to pray for peace in (The Honorable Henry Bonilla) Whoever acknowledges me before men, I the hearts of us, in the hearts of elected offi- Let us please bow our heads. also will acknowledge before my Father who cials. Because, if we don’t have peace, how Dear Lord, We are gathered here on this is in Heaven; but whoever denies me before are we going to have peace in the country historic day to ask your guidance as we take men, I also will deny before my Father who and peace in the world? the reins of government in a new direction. is in heaven. September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1717 And because of this, I felt compelled to character. I must ask myself do I want to be I must look backward on something more speak today. a man of excellence or a man of expedience, meaningful than the pursuit of houses and We are about to open the 104th Congress a man of principle or one who seeks to be land and machines and stocks and bonds. Nor with great hope and expectation. This is not popular, a man who looks for the right thing is fame of any lasting benefit. I will consider very different from the opening of previous to do and does it, or a man who finds the my earthly existence to have been wasted Congresses. This is my eighth start of a new easy way around whatever I’m facing. unless I can recall a loving family, a consist- Congress and I still feel a sense of anticipa- I’m reminded of what William Penn said, ent investment in the lives of people, and an tion and excitement. ‘‘Government, like clocks, go from the mo- earnest attempt to serve the God who made So today, as we begin this new Congress, I tion men give them, and as governments are me. Nothing else makes much sense.’’ want to focus on what kind of leaders we made and moved by men, so by them they LOSING PRAYER should strive to be. I have considered this are ruined too . . . Let men be good, and the C question often for my self. There are several government cannot be bad; if it be ill, they (The Honorable Tillie K. Fowler) principles I have learned from my observa- will cure it. But if men be bad, let the gov- tions and experience as a Member of Con- ernment be never so good, they will endeavor Let us pray. Father in heaven, we humbly gress, as a father and husband, from reading to warp and spoil it.’’ ask for Your help and guidance as we under- take the important work that lies before us the Scriptures and from listening to individ- RECONCILIATION uals I respect. Four of these I want to share during the 104th Congress. My third point concerns reconciliation, a with you today. They are ones that I believe Give us wisdom, that we may make the sometimes difficult task in Washington. As are important to acknowledge as we begin right decisions on behalf of the American we govern, it is important to work in a spirit this new Congess. people; and give us compassion, that we of cooperation. What we need in the country 1. The problems in our country have a never forget the human impact of those deci- and world, as well as in the Congress, is rec- moral base, and the solutions are not purely sions. political. onciliation—between races, countries, spouses, between children and their parents. Reinforce in us the knowledge that with 2. As leaders, we need to be men and leadership comes enormous responsibility, women of character. Today regardless of your religious views, consider the teaching of Jesus who is one of and give us strength to undertake the tasks 3. We must foster reconciliation within our that lie ahead with joyful determination. country. the greatest authorities on reconciliation. 4. While we serve in this 104th Congress, we He stressed the importance of forgiveness Enable us to transcend the boundaries of must not forget those that matter most to and of loving one’s enemies. In Matthew politics and partisanship to work together us—our spouses and our children. Chapter 18, verses 21 and 22, Peter asks for the common good, and keep us ever mind- Jesus, ‘‘Lord, how many times shall I forgive ful that we were elected not to accomplish MORAL ROOT OF PROBLEMS my brother when he sins against me? Up to our own selfish ends but to serve the people. We all know that we face many serious seven times? Jesus answered, I tell you, not For we must always remember that the of- problems in this country and we as leaders seven times, but seventy times seven.’’ fice we hold is a sacred trust; and that our need to diagnose and manage them realisti- When I think of reconciliation in the polit- actions have the power to change the lives or cally. ical arena I think of one person who did it our brothers and sisters for better or for I want to suggest a simple proposition to well. His name was William Wilberforce, who worse. keep in mind as we lead: The problems we got together a group of members of the Brit- face in America have one thing in common— Lord, the Psalmist tells us that ‘‘unless ish parliament from across the political the Lord builds the house, those who build it they are at their core moral. In our culture spectrum to abolish the slave trade in Eng- today, many believe there is no difference labor in vain, and unless the Lord watchers land at a time when the country’s economy over the city, the watchman stays awake in between vice and virtue. However, we must was dependent on it. recognize that there are transcendent stand- vain.’’ As we make the laws of our land, help Today there are many who are committed us remember that—unless we hold ourselves ards of right and wrong. to reconciliation. Here in Congress there are Samuel Johnson once said many years ago to the standard of your law—our work, too, a number of groups where members from is in vain. when his butler told him a guest was coming both sides of the aisle meet for fellowship to dinner who believed morality was a sham. and prayer. For example, a group I’m in on Thank You for Your many blessing to us He said, ‘‘If he really believes that there is Thursday afternoon (Republicans and Demo- and to our nation, and for Your help in being no difference between vice and virtue, let us crats) meets in the House chapel for fellow- wise stewards of the bounty You have be- count the spoons before he leaves.’’ ship and Bible study. The friendships that stowed upon us. In Your holy name, amen. So, if we believe that transcendent truths have been formed and the respect that has HYMN—BATTLE HYMN OF THE REPUBLIC exist, what is our role as members of Con- changed how we treat one another has been gress? Government is not the source of right extraordinary. When people meet together (Julia Ward Howe) and wrong, nor is it the ultimate answer re- respectfully and begin to listen to each other THE PINE FORGE ACADEMY CHOIR OF PINE garding questions of right and wrong. The and work toward reconciliation, it changes thing that I fear most is that we will believe FORGE, PA, LLOYD MALLORY, CHOIR DIREC- the nature of the way they conduct their TOR, JOHN STODDART, ORGANIST that we can solve all of our problems politi- business on the floor of the House and in cally. If we do believe this, we will fail as we committee meetings. If you pray with and First Verse: always have. That’s not to say we cannot im- for someone, and they pray for you, it is hard Mine eyes have seen the glory of the coming prove things greatly, because we can. But in to then turn around and attack them, and of the Lord: our political activity what we should focus much easier to work with them. In this spir- He is trampling out the vintage where the on is creating a climate where conscience is it of cooperation, we can work toward help- grapes of wrath are stored; cultivated and character can be built. It is to ing the people of America. He hath loosed the fateful lightning of his that end that public policy, political and so- My last point concerns our personal prior- terrible swift sword: cial, must be directed. ities. People generally serve in the Congress His truth is marching on. CHARACTER IN LEADERSHIP because they desire to help other people. But Fifth Verse: My second point today concerns character. we need to remember that while we serve in In the beauty of the lilies Christ was born As I enter the 104th Congress, I need to ex- the 104th Congress trying to help others, we across the sea, amine my heart—what kind of member do I not forget those who matter most to us—our With a glory in his bosom that transfigures want to be. The name of Moses is carved in spouses and our children. you and me; the wall across from the Speaker’s rostrum People who are working to meet the needs As he died to make men holy, let us die to in the House. When Moses was choosing help- of others many times neglect to meet the make men free, ers to lead Israel, his father-in-law Jethro needs of their own families. (Ministers, Doc- While God is marching on. gave him this advice in Exodus chapter 18, tors, Social workers) I heard of an individual verse 21: ‘‘Select capable men from all the who spent his entire life in service to others THE BENEDICTION at the expense of his family. After he died people, men who fear God, trustworthy men (The Honorable Bill Barrett) who hate dishonest gain.’’ his sons went to the cemetery and urinated Isaiah chapter 1, verse 17 says, ‘‘learn to do on his grave. What a tragedy. As members, Along with the words and the message of right, seek justice, encourage the oppressed. and husbands and wives, and mothers and fa- the Battle Hymn of the Republic, Defend the cause of the fatherless. Plead the thers, we want to be sure to put our families May the Strength of God pilot us; case of the widow.’’ first. And Micah chapter 6, verse 8 says, ‘‘And In closing, I want to share a quote [by Dr. May the Power of God preserve us; what does the Lord require of you? To act James Dobson] from a book I read on the May the Wisdom of God instruct us; justly and to have mercy and to walk hum- family. It says: May the Hand of God protect us; ‘‘I have concluded that the accumulation bly with your God.’’ May the Way of God direct us; and I challenge myself to follow these guide- of wealth, even if I could achieve it, is an in- lines—to be a person who fears God, to be sufficient reason for living. When I reach the May the Shield of God defend us. trustworthy, to be a person of integrity and end of my days, a moment or two from now, Amen. E 1718 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 PERSONAL EXPLANATION DEPARTMENTS OF LABOR, the country. Many of the environmental proc- HEALTH AND HUMAN SERVICES, esses conceived and piloted by Stafford are AND EDUCATION, AND RELATED now being used nationwide and in Europe. HON. BLANCHE LAMBERT LINCOLN AGENCIES APPROPRIATIONS Under Mayor Block's leadership, Stafford ACT, 1996 Township is the fastest growing community in OF ARKANSAS all of Ocean County, with more business and IN THE HOUSE OF REPRESENTATIVES SPEECH OF commercial development than any other HON. HENRY A. WAXMAN Ocean County community. This has enabled Wednesday, September 6, 1995 the township to maintain a tax rate for its citi- OF CALIFORNIA Ms. LINCOLN. Mr. Speaker, due to family zens well below the county average. IN THE HOUSE OF REPRESENTATIVES Mayor Block has been successful in bring- emergency, I was unavoidably detained and Thursday August 3, 1995 ing to Stafford millions of dollars in revitaliza- unfortunately was not present for roll call vote The House in Committee of the Whole tion grants, including the Neighborhood Pres- 636, a vote on the previous question for the ervation Program, which is used to revitalize fiscal year 1996 Legislative Branch Appropria- House on the State of the Union had under consideration the bill (H.R. 2127) making ap- older areas of the township. He has also in- tions conference report. propriations for the Departments of Labor, creased parks and recreational areas for the Had I been present, I would have voted Health and Human Services, and Education, residents of Stafford by 1,000 percent. ``nay.'' and related agencies, for the fiscal year end- Manahawkin Lake, which has revitalized under ing September 30, 1996, and for other pur- Mayor Block's leadership, has had the highest f poses: percentage of swimmable days in all of Ocean Mr. WAXMAN. Mr. Chairman, I rise in sup- County. TRIBUTE TO GEORGE M. WHITE port of the Kolbe amendment to restore the re- Carl developed a long-range master plan for quirement of current law that a State must pay Stafford which gave careful consideration to for abortions resulting from rape or incest for growth while protecting the environment and HON. BILL RICHARDSON women who are eligible under the State Med- assuring that future growth would be managed OF NEW MEXICO icaid Program. properly through existing infrastructure and We are dealing with a few simple facts here. roadways. IN THE HOUSE OF REPRESENTATIVES Abortion is a legal medical procedure in this His dedication to quality of life issues in country. Rape and incest are illegal crimes in Wednesday, September 6, 1995 Stafford Township resulted in the township re- this country. The involuntary pregnancy result- ceiving the Quality New Jersey Award in 1992. Mr. RICHARDSON. Mr. Speaker, it is with ing from one of these crimes is a terrible bur- This award is equivalent of the Malcolm Bain- great respect and admiration that I honor den for the victim. It is wrong to make her bridge Award. Stafford's successes with envi- today a great American. George M. White, plight more burdensome and more difficult by ronmental planning and management have who has served 24 years as Architect of the keeping her from the medical services that been recognized by numerous national maga- Capitol, has announced his retirement, com- she decides she needs. zines, including National Geographic, which mencing November 21, 1995. Under the bill sent to this House by the Ap- pointed to Stafford Township as an example of propriations Committee, the victim of the crime how one town can make a difference. George M. White has established a long of rape and the victim of the crime of incest The past year, under Carl's leadership, Staf- and distinguished career, having practiced as are punished. If they are poorÐand that is ford was the first township in New Jersey to an architect and as a consulting engineer what women eligible for Medicaid areÐand win the prestigious Lawrence Emerson Award since 1948. He is a former electronics design they cannot afford to pay out of their own from the National Arbor Day Foundation. This engineer and assistant division manager at pockets for an abortion, their access to this resulted in the permanent display of New Jer- General Electric Company and a former mem- legal medical procedure is eliminated. sey's State Flag at the Lied Conference Cen- ber of the Faculty in Physics and in Architec- In the name of morality, the Members of this ter in Nebraska. Stafford was also selected for ture at Case Western Reserve University. House are substituting their judgment for the the 1995 First Place National Award for Excel- judgment of the unfortunate women who have lence by the U.S. Environmental Protection Mr. White zealously gives his time and en- been the victims of these unspeakable crimes. Agency [EPA] for its innovative storm water ergy to numerous organizations, such as the In denying her the choice of an abortion, this management design. U.S. Capitol Police Board, the Advisory Coun- bill assaults these women a second time, and Stafford Township's designation as a Tree cil on Historic Preservation, and the Board of compounds the agony they already face. City U.S.A. for 6 consecutive years, and as a Regents of the American Architectural Foun- Women who are the victims of rape or in- Tree Growth Award Winner for 4 consecutive dation. A few of his former affiliations have cest have been harmed enough by their crimi- years are records unsurpassed by any other been as Trustee of the Freedoms Foundation nal assailants. We should not be party to community in the entire Nation. at Valley Forge, Chairman of the Architectural compounding that harm. Carl Block's motto throughout his tenure as Advisory Group regarding the restoration of I urge Members to do the only humane an elected official has been ``Progress With the Statue of Liberty, and member of the Visit- thing: vote for the Kolbe amendment; retain Pride.'' Stafford Township's economic growth, ing Committee, Department of Architecture the requirements of the current law. as well as the environmental regulations in ex- and Planning. f istence in the township today, are indicative of his success in judiciously encouraging growth George M. White's reputation is universally TRIBUTE TO MAYOR CARL W. while protecting the environment. acclaimed. He is a former member of an inter- BLOCK For his contributions to the citizens of Staf- national committee of consultants for the ford Township and all of Ocean County, I rec- Egyptian Museum of Cairo and a former HON. JIM SAXTON ognize Mayor Carl Block today. Chairman of the Committee of Review of the f National Capital Development Commission for OF NEW JERSEY Canberra, Australia. IN THE HOUSE OF REPRESENTATIVES REFORMING WELFARE George M. White has served as the de- Wednesday, September 6, 1995 signer, protector and preserver of our federal Mr. SAXTON. Mr. Speaker, it is a great HON. LEE H. HAMILTON OF INDIANA buildings in the manner of one who reveres honor and privilege for me to congratulate the IN THE HOUSE OF REPRESENTATIVES and respects the great halls of our nation's Honorable Carl W. Block, mayor of Stafford Capital. I know all of my colleagues in the Township, for his 25 years of dedicated public Wednesday, September 6, 1995 House of Representatives join me in wishing service as a member of the Stafford Township Mr. HAMILTON. Mr. Speaker, I would like to George M. White much happiness and suc- Council, Planning Board, Regular Republican insert my Washington Report for Wednesday, cess in the years to come. We shall all miss Club, and the Board of Trustees of Southern August 23, 1995, into the CONGRESSIONAL him. Ocean County Hospital. RECORD. Under Carl's leadership, Stafford Township REFORMING WELFARE has won 24 State and national environmental Hoosiers do not like the current welfare awards, more than any other municipality in system. They think it is anti-work and anti- September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1719 family, and encourages out-of-marriage dependency through financial incentives partment president of the year of our Ladies births. They think it is degrading and de- have proved disappointing. Education and Auxiliary to the Veterans of foreign Wars in moralizing for welfare recipients who would training produce positive results, but they Mississippi. prefer work. They think it is too bureau- are expensive. Much attention has to be paid Mrs. Hicks was honored recently as one of cratic and does not provide sufficient flexi- to the quality of training provided and the bility. They also think it has done little to availability of child care for welfare recipi- 11 runners-up among department presidents reduce poverty. Welfare reform is one of the ents moving into jobs. Many reform propos- of the year at the National Presidents' Lunch- major issues before Congress this year, and als require states to enroll 50% of all welfare eon held in Phoenix, AZ, during the 82d Na- several aspects of it are being examined. parents—some three times the current pro- tional Convention of the Ladies Auxiliary to the THE FEDERAL ROLE portion—in work programs, but these pro- Veterans of Foreign Wars. She is a member The current welfare system as most people posals provide no funding for the additional of Auxiliary No. 4889 and has held many posi- think of it consists of Aid to Families with work slots. Likewise, if more welfare moth- tions of leadership in the auxiliary at the local, Dependent Children (AFDC), an entitlement ers are moved into work, more child care district and State levels. As a result of Mrs. under which cash benefits flow to all eligible will be needed; but under some proposals child care funds from the federal government Hicks' leadership to our State during her individuals on the basis of need. The federal 1994±95 term of office, the State of Mis- government pays from 50% to 80% of the cost are cut below current levels. sissippi can report 8,110 members, $31,985 in depending on the state. In Indiana the fed- TIME LIMIT eral share is about 63%. Reform proposals be- Most of the proposals favor time limits for contributions for the Cancer Aid and Research fore Congress would provide that individuals welfare recipients. Today about one-third of Program, and at least 75 percent participation are not automatically entitled to such as- the recipients stay on welfare for more than in all other auxiliary programs. Across the Na- sistance. States would be given a fixed five years. They are usually a particularly tion, the auxiliary has raised more than $3 mil- amount of money—or block grant—that disadvantaged group. The critical issue is, lion for the Auxiliary Cancer Aid and Research would no longer vary with the number of what happens to the recipients who lose all Fund for the seventh consecutive year and families needing assistance. eligibility for welfare because of the time has volunteered more than 23 million hours in Shifting to block grants would give states limits? Only about one-third of them are community service. more flexibility to develop innovative ways likely to be employed two years later. to deliver assistance. But there would be 50 The Ladies Auxiliary to the Veterans of For- PREVENTING DEPENDENCY state experiments in welfare with no system- eign Wars is dedicated to serving our Nation atic evaluation of the results. Furthermore, Everybody agrees that more effort should through volunteer work in hospitals, through use of the block grant without requiring be devoted to preventing dependency on wel- protecting veterans entitlements and by pro- fare. That means education and jobs have to states to maintain their own effort would in- viding community service. vite welfare cutbacks. States, always fearful be emphasized, especially for the unskilled. It also means that much more attention has Mr. Speaker and my colleagues, I ask that of becoming a magnet for the disadvantaged, you join me in paying tribute to Wilma Hicks. would likely end up competing to cut bene- to be paid to out-of-marriage childbirth and I also would ask that your share in this mo- fits and limit eligibility, and a ‘‘race to the to the low levels of child support from fa- bottom’’ could occur. thers of children on welfare. ment to express our collective appreciation to Several of the proposals would freeze fed- Early childbearing is a major factor in pov- and esteem for the 765,283 auxiliary members eral funding for five years without adjusting erty and welfare dependency. Overall the across this great Nation. Ladies, we salute for inflation or growth in the number of poor teenage birth rate is now lower than it was you for your willing sacrifices of your time and people. The theory is that block grants will 30 years ago, but the proportion of such energy, your dedication to our fighting men achieve administrative savings, but studies births that occur outside of marriage has in- creased dramatically. Many welfare propos- and women and your devotion to America's show that 5% in such savings may be about veterans. Mrs. Hicks, you symbolize all that is the best that can be expected. If poverty in als today deny benefits to young unwed a state increases, it would have to bear the mothers or cap benefits to those who have good, true and steadfast in our society. We additional cost of serving more poor people. additional children on welfare, but overall will always be grateful for your work and that States already cut budgets in a recession be- the evidence is not clear about the impact of of the Ladies Auxiliary of the Veterans of For- cause revenues fall. these proposals. Some state experimentation eign Wars. Thank you. may be in order. Block grants are sometimes quite useful, f but I think they make much less sense for Requiring more fathers to pay child sup- programs for which the poor are eligible on port would almost certainly mean the num- TRIBUTE TO CAL RIPKEN, JR. an entitlement basis and the federal govern- ber of poor individuals would drop and the ment shares some or all of the costs. I worry number of families on welfare would also that using the block grants means that the drop. Billions of dollars could be saved. The HON. ROBERT L. EHRLICH, JR. poor would have to compete against other current proposals make the penalties for OF MARYLAND claimants—like teachers, road builders, and avoiding child support obligations tougher. IN THE HOUSE OF REPRESENTATIVES law enforcement—for scarce state dollars. CONCLUSION Wednesday, September 6, 1995 The lack of clout of poor people was a prin- I am impressed that the issues in welfare cipal reason why the welfare program was reform are much more complex—and reform Mr. EHRLICH. Mr. Speaker, a Member of federalized in the first place—to assure a itself much more difficult—than the debate Congress is often called upon to acknowledge minimum level of protection for the voice- in Congress now recognizes. Congress is the noteworthy achievements of his or her less poor who would lose out in political going to have to be more modest in what it constituents. Today I have the unique privilege competition for limited funds at the state can achieve in a single bill this year. The and local levels. of recognizing a constituent whose achieve- system is broken, but serious people have se- ment is the talk of the nation . A key issue is whether assisting the poor is rious disagreements over precisely what seen primarily as a national or state respon- needs to be fixed and how in the welfare sys- Tomorrow the quiet town of Aberdeen, MD sibility. There is a strong case for giving the tem. will pay tribute to its favorite sonÐCal Ripken, states more flexibility in reforming welfare. (Newsletter based on the Urban Institute Jr. West Bel Air AvenueÐthe normally quiet But if the federal government uses block Welfare Reform report.) street running through the heart of downtown grants it gives up its role in helping the f AberdeenÐwill become a focal point of na- needy and easing regional economic dispari- tional attention as the people who know Cal ties. Giving states more flexibility in run- IN RECOGNITION OF WILMA HICKS ning welfare programs can be done without best come together to convey their collective necessarily converting them to block grants. OF MONTICELLO, DEPARTMENT affection for a man baseball fans across the For example, many states, including Indi- PRESIDENT OF THE MISSISSIPPI Nation have begun to call the Iron Man. To ana, have received exemptions from some LADIES’ AUXILIARY TO THE the citizens of Aberdeen, Cal Ripken isÐin the federal requirements to allow them to exper- VETERANS OF FOREIGN WARS words of Roy Hobbs, the character played by iment with improvements in welfare assist- FOR 1994–95 Robert Redford in the movie The NaturalÐ ance. ``the best there ever was.'' ENCOURAGING WORK HON. MIKE PARKER Last night Cal Ripken played his 2,130th An essential yet often elusive goal in wel- OF MISSISSIPPI consecutive game as a Baltimore Oriole, tying fare reform is to encourage work. Tools to IN THE HOUSE OF REPRESENTATIVES a longstanding record originally set by the leg- increase work include financial incentives, endary Lou Gehrig. Today Cal will break that education and training, and work require- Wednesday, September 6, 1995 ments. recordÐa feat once thought impossible, so Financial incentives allow recipients to Mr. PARKER. Mr. Speaker, today I stand in much so that Lou Gehrig's Hall of Fame keep more of their welfare check after they the Halls of Congress to ask you to join me in plaque at Cooperstown states that his record go to work. Past attempts to reduce welfare honoring Wilma Hicks of Monticello, MS, de- should stand for all time. It is both fitting and E 1720 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 appropriate that Cal Ripken is the only player Citibank, where she has been employed for 40 that the bright light of Sadie Feddoes will con- to surpass the great Gehrig in this regard. He years; a columnist for the New York Amster- tinue to shine for many decades to come. alone represents the qualities for which Lou dam News since 1972; past chairperson of the f Gehrig will always be rememberedÐsports- board of Bedford Stuyvesant Restoration manship, character, fair play, and sheer love Corp.; member of the board of directors of CONGRATULATIONS CARMEN L. of the game. Bedford Stuyvesant Restoration Corp.; chair- TORRES FOR 25 YEARS OF EX- In order to appreciate fully the magnitude of person of the board of directors of the Billie CELLENCE Ripken's achievement, we must look at what Holiday Theatre; a member of the board of di- else happened in baseball during Ripken's 13- rectors of Brooklyn Economic Development SPEECH OF year streak. Since May 30, 1982Ðthe day the Corp.; a member of the board of directors of HON. ROBERT A. UNDERWOOD streak beganÐmore than 3,600 players have the Kings County Overall Economic Develop- gone on the disabled list. More than 500 play- ment Program Committee; and served on the OF GUAM ers have played shortstop for other major 1984±85 New York Regional Panel of Presi- IN THE HOUSE OF REPRESENTATIVES league teams. Endurance, however, is only dent Reagan's Commission on White House Wednesday, September 6, 1995 one aspect of Cal Ripken's success. He was Fellowships. Rookie of the Year in 1982; MVP in 1983 and Mr. UNDERWOOD. Mr. Speaker, I rise to She has worked on many community pay tribute to Carmen Lizama Torres, a Guam 1991; and has played in 13 consecutive all projects and is a member of several charitable star games. He has also hit more home runs Department of Public Health and Social Serv- and civic organizations. She is a past member ices [DPH&SS] nurse practitioner who is retir- than any shortstop in major league history. of National Women in Communications and Cal's greatest moments have come off the ing on September 29, 1995, after nearly a New York Women in Communications where field. He is a tireless advocate for children's lit- quarter of a century of dedicated, unselfish, she was recognized in 1984 as one of 60 out- eracy programs and, along with his wife Kelly, and untiring service to the people of Guam. standing members. Miss Feddoes was born in has worked to broaden awareness of Graves' The seventh child in a sibship of 13, Mrs. St. Vincent, West Indies and holds a bach- disease. He has shown an uncommon willing- Torres was born and raised in Saipan in the elor's degree in business from Pace Univer- ness to give back to the community which has Northern Marianas Islands. Her career as a sity. so warmly embraced him. Cal is as much a health care provider started on her home is- most valuable person as he is a player. Miss Feddoes has received many citations land when she began after completing a When I think of Cal Ripken, Jr., I think of a and awards including Outstanding Perform- course in practical nursing at the Saipan Civil- quiet, unassuming man who takes precious ance Award from Citibank in 1970 and is the ian Hospital and working there as a practical time before and after every game to sign auto- recipient of awards from the Salvation Army; nurse. In the early sixties, she moved to graphs, pose for pictures, or to chat with his American Red Cross; the New York State Guam and settled in Malesso with her hus- fansÐthe way Babe Ruth, Lou Gehrig, and Black and Puerto Rican Legislative Caucus; band, Jose Torres. Jackie Robinson once did. I think of a man for National Urban League; National Association In 1970, Mrs. Torres enrolled in the Univer- whom contributing top the teamÐnot rewriting of Negro Business and Professional Women's sity of Guam's School of Nursing, and, after the record booksÐis the primary motivation. I Clubs; National Council of Negro Women; graduating with an associate of arts degree in think of a man who tied one of baseball's Lions International; the National Conference of nursing, she began her public health nursing greatest records on a Tuesday night and Christians and Jews; the Boy Scouts of Amer- career when she was appointed a public drove his daughter to her first day of school ica; Coalition of 100 Black Women; the Navy health nurse and assigned to the public health the following morning. At a time when many Yard Boys and Girls Club; Church Women clinics in Asan, Piti, Santa Rita, and Hagat as fans are disillusioned by the corporation of United of Brooklyn; Congressman EDOLPHUS a staff nurse. After 4 years in that capacity, baseball, Cal's unvarnished passion for the TOWNS; Senator Velmanette Montgomery; As- she was appointed public health nurse super- sport evokes a time when baseball was what semblyman Clarence Norman Jr.; and from visor of the Southern Region Health Center it was always meant to beÐa game. several churches and civic organizations. She which serves the villages of Talofofo, The people of Aberdeen are right to take was also a grand marshall for the West In- Inalahan, Malesso, and Humatac. such pride in their local hero. Cal Ripken dian-American Labor Day Parade, which at- In 1979, the World Health Organization shares their time-tested valuesÐhard work, tracts over a million persons annually and was [WHO] awarded Mrs. Torres a fellowship to community, family. His success; he is of them the recipient of the Chairman's Award for Dis- study obstetrics and gynecology as a women's as much as he is one of them. He personifies tinguished Service from the Congressional health nurse practitioner student at Harbor- what is best about our national pasttime. His Black Caucus of the 102d Congress. UCLA Hospital in Torrance, CA; she had the graceful modesty reminds all of us that nice Miss Feddoes received a citation from Bor- distinction of being the first Guam nurse to be- guys often do finish first. ough President Howard Golden on behalf of come nurse practitioner and is certified to My sincere congratulations go out to Cal the People of Brooklyn when she celebrated practice that profession in California and Ripken, Jr., his wife Kelly and their two young her 25th year with Citibank and was recog- Guam. children; his parents Cal, Sr. and Vi; and to nized in the CONGRESSIONAL RECORD on the After successfully completing the nurse the entire community of Aberdeen on this occasion of her 30th anniversary by Congress- practitioner course at Harbor-UCLA Hospital, happy and historic occasion. May the streak man EDOLPHUS TOWNS. Miss Feddoes was Mrs. Torres returned to Guam and to public continue long into the future. honored as the 1982 Woman of the Year by health where she became an invaluable addi- f the board of managers of the Brooklyn Home tion to the women's health care clinics by pro- for the Aged and also by the Brooklyn branch viding vital clinical services including prenatal TRIBUTE TO SADIE FEDDOES of the NAACP as its 1984 Woman of the Year care, family planning, cancer screening, and for her outstanding leadership and dedicated management of sexually transmitted diseases HON. MAJOR R. OWENS work. in women. In addition to her duties as a nurse OF NEW YORK She has made several television appear- practitioner, Mrs. Torres was supervisor and IN THE HOUSE OF REPRESENTATIVES ances including guest spots on NBC±TV's manager of the Central Region Health Center Wednesday, September 6, 1995 ``Today Show,'' ``Black Pride'' on WPIX±TV Clinic for the past 2 years. Mr. OWENS. Mr. Speaker, Sadie Feddoes and was alternate guest panelist on the cable An active member of American Nurses As- is a shining example of the kind of conscien- television show ``Face the Women.'' She is sociation and the Guam Nurse Association tious, dedicated-citizen leader worthy of being listed in Black American Writers, Past and [GNA], Mrs. Torres was named the Outstand- designated as a ``Point of Light'' to be held Present; Who's Who Among Black Americans; ing Employee of DPH&SS in 1981 and 1984. high as a model for all Americans. In her Who's Who of American Women; Who's Who In 1994, she received the GNA Presidential years of service to the least among us and her in Finance and Industry; and in the British Commendation Award for outstanding vol- long abiding concern for the personal welfare, published Dictionary of International Biog- untary and dedicated service to the nursing as well as the public achievement, of those raphy. profession and organization. She was also around her, Sadie Feddoes has proven that It is quite fitting and proper that we salute twice nominated for the GNA Nurse of the she can walk with bankers and kings but Sadie Feddoes as a ``Point of Light'' for all Year Award. never lose the common touch. Americans. In her career and for her commu- Mrs. Torres still resides in Malesso with her Sadie Feddoes is a vice president and com- nity, Sadie Feddoes has always performed be- husband of 34 years. The couple have two munity and government relations officer for yond the call of duty. It is our fervent hope children and three grandchildern. September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1721 IN OPPOSITION TO FRENCH equity that our retired public employees con- NY, an organization dedicated to preserving NUCLEAR TESTING tinue to face. America's public retirees de- the work of the 19th century Hudson Valley serve positive action on this bill. artist Jasper Francis Cropsey and the culture HON. ALCEE L. HASTINGS As you know, Mr. Speaker, most of our pub- of the Hudson River Valley. The exhibit of Mr. OF FLORIDA lic-sector retirees receive a pension in lieu of Wyatt's Bill of Rights Eagle was made pos- IN THE HOUSE OF REPRESENTATIVES the Social Security benefits received by pri- sible by funding from the Newington Cropsey vate-sector retirees. Social Security benefits Foundation. The foundation has previously do- Wednesday, September 6, 1995 are fully tax exempt for individual private-sec- nated important Cropsey works to significant Mr. HASTINGS of Florida. Mr. Speaker, I tor retirees earning as much as $25,000 per collections including the White House, the rise today to express my outrage over the det- year, and couples earning up to $32,000. Metropolitan Museum of Art, the U.S. Depart- onation by the Chirac government of a nuclear There is no corresponding tax exemption for ment of State and Princeton University. device in the South Pacific. public-sector retirees, who are effectively Mr. Speaker, this week I will introduce a The French have blatantly and egregiously being penalized by the Internal Revenue Code House resolution to accept on behalf of the ignored the environmental sovereignty of the for their years of public service. American people the Bill of Rights Eagle for region. I strongly object to the fact that France My legislation, the Public Pension Parity Act display on the grounds of Congress. The dis- carried out these tests more than 10,000 miles of 1995, would amend the Internal Revenue tinguished Senate majority leader, TRENT from their mainland. If, as Mr. Chirac has stat- Code so that a public retiree could deduct that LOTT, will introduce companion legislation in ed, these tests pose no threat to the eco- portion of his or her governmental pension the Senate. This gift by Mr. Wyatt and the system, why are they being carried out 10,000 equivalent to the maximum level for Social Se- Newington Cropsey Foundation, at no cost the miles away from France? Why detonate atom- curity retirement benefits so long as the indi- United States, is an appropriate tribute to a ic weapons in somebody else's backyard? vidual or couple stays under the same gross document that insures the core of our democ- Why not in central France? income limitations I stated earlier. The bill also racy. Accordingly, Mr. Speaker, I urge our col- The United States, numerous countries and includes an offsetting provision to prevent leagues to support this measure to place this respected individuals in the region pleaded overly generous tax exemptions for those with beautiful sculpture on permanent display in the with the French not to carry out these ``experi- incomes above these thresholds or who col- U.S. Capitol. ments.'' But Mr. Chirac insisted that they are lect both public and private annuities. f necessary. Why are these tests necessary? The principle of fairness underlies this bill; Whom are the French preparing to fight? Are public-sector retirees should be treated in the HUMAN RIGHTS ABUSE AND UNIT- they planning to drop a bomb on Algeria? same manner as private-sector retirees for ED STATES-ORIGIN MILITARY What specter so haunts them that they need purposes of taxation. It is fundamentally unfair EQUIPMENT IN TURKEY to test their nuclear weapons before they sign to continue to tax the retirement benefits of the Nuclear Non-Proliferation Treaty? And public employees differently than the Social HON. LEE H. HAMILTON what will this mean for the future of the treaty? Security retirement benefits of private-sector OF INDIANA Will other countries rush to detonate bombs employees. For this reason, I urge my col- IN THE HOUSE OF REPRESENTATIVES before they finally renounce nuclear testing? leagues to join me this year in supporting the Wednesday, September 6, 1995 Will rogue nations and terrorist organizations Public Pension Parity Act to correct the signifi- Mr. HAMILTON. Mr. Speaker, on June 1, experiment with nuclear weaponry, claiming cant inequity in the tax treatment of public-re- 1995, the State Department released a report that they must protect themselves from French tiree benefits. It is time to reaffirm our support on allegations of human rights abuses by the aggression? for those who dedicate their careers to public Turkish military. This report stated that United Mr. Speaker, I cannot adequately express service. States-origin military equipment has been my disappointment with the Chirac Govern- Mr. Speaker, I would also submit a copy of used in operations in Turkey during which ment. Economic boycotts, political protests, ECORD the Public Pension Parity Act for the R . human rights abuses have occurred. This re- editorial outrage and public opinion seem all to f port is the most definitive administration state- have failed in convincing Mr. Chirac that his ment linking United States military assistance policy is wrong. It is dangerous for the eco- GREG WYATT—BILL OF RIGHTS EAGLE SCULPTURE to human rights violations in Turkey. system, dangerous for the fragile marine envi- I wrote a letter to Secretary Christopher on ronment, dangerous for the people living June 29 asking several questions about that around the mururoa atoll, and dangerous for HON. BENJAMIN A. GILMAN report, and on August 15 I received a reply. I those who seek a nuclear-weapon-free world. OF NEW YORK ask that my letter, and the Department's re- As Australian Foreign Minister Gareth Evans IN THE HOUSE OF REPRESENTATIVES sponse, be printed in the CONGRESSIONAL stated: ``This is not the action of a good inter- Wednesday, September 6, 1995 RECORD. national citizen.'' HOUSE OF REPRESENTATIVES, COM- f Mr. GILMAN. Mr. Speaker, I rise today to MITTEE ON INTERNATIONAL RELA- recognize Greg Wyatt, the sculptor in resi- TIONS, INTRODUCTION OF THE PUBLIC dence at the Cathedral Church of St. John the Washington, DC, June 29, 1995. PENSION PARITY ACT Divine and director of the art academy at the Hon. WARREN CHRISTOPHER, Newington Cropsey Foundation. I urge my fel- Secretary of State, Department of State, Wash- HON. BRUCE F. VENTO low colleagues to attend an exhibition of Mr. ington, DC. Wyatt's Bill of Rights Eagle in the Russell DEAR MR. SECRETARY: I write regarding OF MINNESOTA the State Department’s Report on Allega- IN THE HOUSE OF REPRESENTATIVES Senate Office Building rotunda from today until tions of Human Rights Abuses by the Turk- Saturday, September 9, 1995. Wednesday, September 6, 1995 ish Military, released on June 1, 1995. I com- Mr. Wyatt's early training in the arts came mend you for the precision and detail of that Mr. VENTO. Mr. Speaker, our Nation's pub- from instruction with his father, a painting pro- report, which provides important informa- lic servants have had a long and difficult year. fessor at the City College of New York. At an tion to the Congress. Public employees have been asked to in- early age Mr. Wyatt's father instilled in him an What impresses me about that report is crease their pension contributions in exchange appreciation for the cultural and artistic tradi- your open acknowledgment of the role of U.S.-origin military equipment in human for smaller annuities and to make other finan- tions of the Hudson River Valley of New York. rights abuse in southeastern Turkey. As cial sacrifices in the name of deficit reduction. Greg followed this tradition, earning a bachelor your report states: ‘‘U.S.-origin equipment, Last spring, some Federal employees working of arts degree in art history from Columbia which accounts for most major items of the in the Murrah Building in Oklahoma City made College and a master of arts degree in ce- Turkish military inventory, has been used in the ultimate sacrifice while performing their ramic arts from Columbia University. He con- operations against the PKK during which jobs. The time has come to show some sup- tinued his studies at the National Academy of human rights abuses have occurred.’’ port for our public servants, the men and Design focusing on classical sculpture, and I would like to ask you several questions about the June 1 report. women who work hard to provide needed later traveled to Italy as an instructor in Ren- 1. I do not recall prior Administration services for the American people. aissance figurative sculpture. statements or testimony coming to the con- Today, I am reintroducing the Public Pen- In addition, I am honored to represent the clusion that U.S. military equipment pro- sion Parity Act, legislation I first introduced in district that is home to the Newington Cropsey vided to Turkey was used in operations dur- the 98th Congress to rectify a serious tax in- Foundation located in Hastings-on-Hudson, ing which human rights abuses occurred. E 1722 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 Can you point me to prior statements by ies, the high probability that the GOT has this conflict. We have argued that, in addi- this Administration, or previous Administra- used U.S.-supplied equipment in the south- tion to carefully calibrated military oper- tions, that make a link between U.S.-origin east. Ambassador Grossman addressed this ations, resolution will require the expansion equipment provided to the Turkish military issue during his confirmation hearings in re- of democracy and human rights, including and human rights abuses? sponse to a question from Senator Pell. I increased civil and cultural rights for Tur- 2. For how long has the Turkish military have enclosed Ambassador Grossman’s re- key’s Kurdish citizens. used U.S.-supplied equipment in operations sponse. While engaged in a difficult struggle with a against the PKK? The United States has had a military sup- brutal terrorist organization, the Govern- For how long do you believe human rights ply relationship with Turkey for over 40 ment of Turkey is making a determined ef- abuses in connection with Turkish military years. It is reasonable to assume, therefore, fort to improve its human rights perform- operations against the PKK have been occur- that Ankara has used U.S.-origin equipment ance. We believe that to promote a settle- ring? against the PKK since the conflict started ment in the southeast, our best course is to 3. Are Turkey’s human rights abuses with nearly 11 years ago. The Turkish military continue energetically to promote democra- U.S.-origin military equipment, as detailed became extensively involved in operations tization, while supporting Turkey’s legiti- in your June 1 report, consistent with Sec- against the PKK in 1992, when the conflict mate struggle against terrorism. In both of tion 4 of the ‘‘Purposes for Which Military worsened dramatically. Until that time, the these efforts, Turkey needs, and continues to Sales by the United States Are Authorized,’’ military’s involvement, as opposed to that of deserve, our help and support. under Section 4 of the Arms Export Control the Jandarma (national guard), was mini- Please do not hesitate to contact us if we Act (AECA)? mal. may be of further assistance. Do you intend to report under Section With respect to your questions regarding Sincerely, 3(c)(2) of the AECA concerning a violation of the Arms Export Control Act (‘‘AECA’’), sec- WENDY R. SHERMAN, that Act, through the use of U.S.-origin de- tion 4 of that Act provides in relevant part Assistant Secretary, Legislative Affairs. fense equipment for a purpose not authorized that the U.S. Government may provide U.S.- Enclosure: As stated. under Section 4 of the AECA? origin defense articles to friendly countries QUESTION FOR THE RECORD SUBMITTED TO At what point do human rights abuses with for a number of purposes, including for inter- MARC GROSSMAN BY SENATOR CLAIBORNE U.S.-origin defense equipment constitute a nal security. Although human rights viola- PELL ‘‘consistent pattern of gross violations’’ and tions have occurred in the course of oper- thus, under Section 502B of the Foreign As- ations, those operations appear in fact to Question. 2. Is U.S.-origin equipment being sistance Act, prohibit AECA sales of defense have been undertaken for a purpose author- used in the Turkish military campaign articles or services? ized under the AECA and therefore a report against Kurdish civilians? 4. What are the implications for U.S. policy is not required under section 3(c)(2). In any Answer. A large portion of Turkey’s inven- of your determination that Turkey has used case, the information in our report on al- tory of defense items is U.S.-supplied or pro- U.S.-origin military equipment in operations leged human rights abuses is more extensive duced under co-production arrangements. I in which human rights abuses have occurred? than what would be provided in a report therefore assume that U.S.-origin equipment What steps are you taking to address under section 3(c)(2) of the AECA. is being used in the Turkish military’s cam- human rights abuses mentioned in your June Turkey’s human rights record raises seri- paign against the PKK. 1 report? ous concerns, but we do not believe that it I understand that internal security, along 5. Is it U.S. policy to promote a political has engaged in a consistent pattern of gross with self-defense, is recognized as an accept- solution in southeastern Turkey? violations of internationally recognized able use of U.S.-supplied defense articles. Does Turkey support a political solution? human rights within the meaning of Section The agreements under which we provide Tur- What is the next step in trying to promote 502B of the Foreign Assistance Act. We must key and other foreign countries with defense a political solution? not forget that Turkey is a functioning, al- articles permit such uses. I appreciate the strategic importance of beit troubled, democracy. Although freedom There are reports that in the counter-in- Turkey, and I agree with you that Turkey is of expression is restricted, Turkey’s press is surgency a large number of civilians have a long-standing and valuable U.S. ally. I also able to criticize the government, and fre- been killed. These reports are troubling, and appreciate the serious security dilemmas quently does so. the Administration has brought them to the facing that country. Yet I believe that your On July 23, Turkey’s Grand National As- attention of the Turkish authorities, and June 1 report compels the United States to sembly approved, by the overwhelming ma- will be looking into them further. Assistant revisit relations with Turkey, to insure that jority of 360 to 32, 16 constitutional amend- Secretary Shattuck visited Turkey in July U.S.-origin weapons are not used to commit ments which will enhance Turkish democ- and will be going again in October, partly for future human rights abuses, and to insure racy and broaden political participation. this purpose. that every effort is made to work for a polit- These amendments, among other things, f ical solution in southeastern Turkey. eliminate restrictions on participation in I look forward to your answers to the ques- politics by associations, unions, groups and TRIBUTE TO PAGE AND ELOISE tions above. cooperatives; grant civil servants the right SMITH With best regards, to form unions and engage in collective Sincerely, talks; lower the voting age from 20 to 18, and LEE H. HAMILTON, increase the number of parliamentarians HON. NORMAN Y. MINETA Ranking Democratic Member. from 450 to 550. Both Prime Minister Ciller OF CALIFORNIA and Deputy Prime Minister Cetin are com- IN THE HOUSE OF REPRESENTATIVES U.S. DEPARTMENT OF STATE, mitted to going beyond this important step Washington, DC, August 15, 1995. to achieve further reforms, such as modifica- Wednesday, September 6, 1995 Hon. LEE HAMILTON, tion of Article 8 of the Anti-Terror Law, Mr. MINETA. Mr. Speaker, a week and a House of Representatives. which has constrained freedom of expression. DEAR MR. HAMILTON: On behalf of Sec- Additionally, as noted in our report, the half ago, Page Smith, noted historian and edu- retary Christopher, I am responding to your Turkish General Staff (TGS) has instituted a cator, and his wife Eloise, noted artist and ed- June 29 letter, which raised a number of program to train soldiers in human rights re- ucator, passed away in Santa Cruz, CA. They questions regarding human rights abuses and quirements. leave behind monuments few will ever equalÐ the Turkish military’s use of U.S.-supplied For the past three years, human rights has monuments in their creative works, in genera- equipment. been a major part of our dialogue with the tions of students they inspired, institutions they I want to thank you for your comments re- Turkish government. Every high-level offi- shaped and reformed, and in the lives they garding the State Department’s Report on cial, both from the State Department and touched and the affections with which they are Allegations of Human Rights Abuses by the DoD, who has visited Ankara has raised the Turkish Military. The Embassy in Ankara issue of human rights and its importance to remembered. and concerned offices at the Departments of U.S.-Turkish relations. We have started to Page as a young man was tempted by var- State and Defense made every effort to con- engage the TGS on this subject as well, and ious professions: novelist, actor, miner, jour- vey the situation as accurately as possible. have encouraged visitors from other western nalist, and historian among them. He grad- Turning to your questions, we are not countries to support these efforts. uated from Darmouth CollegeÐselected for its aware of statements by this or previous ad- The Turkish government interprets ref- proximity to good trout fishingÐin history in ministrations which specifically linked U.S.- erences to the need for a ‘‘political solution’’ 1940. Like many men of his generation, his origin equipment provided to the Turkish in the southeast as encouragement to nego- military and human rights abuses. That said, tiate with the PKK, which we have not asked choice of career was interrupted by military the Administration has frequently expressed Ankara to do. We support Turkey’s terri- service. He served for 5 years in the Army, in- concern about human rights abuses in Tur- torial integrity and legitimate right to fight cluding ski combat duty, following graduation key’s conflict with the PKK. We have also terrorism. We have emphasized repeatedly from Darmouth. In 1945, as commander of a noted, in response to Congressional inquir- that there is no solely military solution to rifle company of the Tenth Mountain Division September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1723 on Mr. Belvedere in northern Italy, he was se- fully structured, balanced and controlled prag- what he had admonished others to do in their verely wounded in both legs, wounds which he matism of the Constitution. Each was a leader histories. It was what he called old-fashioned felt the effects of for the rest of his life. of powerful and opposing factions in early narrative history, with the spiritual and moral Following the war he entered Harvard under American political life. Yet these two ex-Presi- dimension included, and without claims of dis- the GI bill and received his doctorate in Amer- dents, late in their years, became regular cor- tant objectivity or easy explanations. One re- ican history in 1951. From 1953 to 1964, he respondents, each coming to appreciate and viewer concluded, ``No American since served on the faculty of the University of Cali- admire the other despite their differences, Charles Beard has produced anything com- fornia at Los Angeles. Of his move to Los An- each becoming in many ways the most re- parable in length, scope, or readability.'' geles he later observed that, ``I was an ex- spected of Americans in the eyes of each In his 1990 book, ``Killing the Spirit,'' Page tremely provincial Easterner who had never other. Early in their correspondence, Adams the iconoclast took on higher education even been west of western Maryland and the notion wrote to Jefferson, ``You and I ought not to die more forcefully than he had taken on histo- of going to a place as remote and bizarre rath- before we have explained ourselves to each rians a quarter of a century earlier. He criti- er alarmed me * * * and dismayed my moth- other.'' Many years and a great many letters cized universities for their obsession with size, er.'' Once at UCLA Page both practiced and later, they died within a few hours of each for failing to put teaching first, for excessively critized his chosen profession of historian. other on July 4, 1826, the 50th anniversary of narrow specialization ``at the cost of * * * any His two volume biography of John Adams, the Declaration of Independence. Adams' last awareness of the unity of life,'' for failure to published in 1962, played to both scholarly words were about Jefferson. build a sense of community, for elevating and popular acclaim, winning Columbia Uni- In the early 1960's, two of California's lead- ``knowledge for its own sake, rather than versity's Bancroft Award and becoming a pop- ing educators, Clark Kerr and Dean McHenry, knowledge that ripens into wisdom or that ular Book-of-the-Month Club selection. launched a great experiment in higher edu- serves larger ends,'' and for promoting ``rel- In his subsequent book, ``History and the cation. They wanted to see if a university with ativism, which denies any moral structure in Historian''Ð1964, Page both stated his philos- the size and prestige of the University of Cali- the world.'' ophy of history and earned the iconoclast label fornia could change its stripes and could cre- Those strong views excepted, Page was in so often attached to him that it might be ate a new campus built around small and inti- many ways hard to categorize and hard to thought by some to be one of his middle mate colleges along the lines of Swarthmore predict. He was an accomplished scholar and names. He declared that ``great history * * * or Oxford. They needed a first leader of the historian who rejected many of the ways of has always been narrative history, history with first college to bring that vision to life. Thus in scholars and historians around him. He built a story to tell that illuminates the truth of the 1964 page became the first provost of Cowell up a major university, yet criticized the struc- human situation, that lifts spirits and projects College at the University of California. ture of universities and organized a ``Penny new potentialities.'' He chided his colleagues It is now 30 years after the campus wel- University'' in Santa Cruz to show that friends for being too wed to narrow subjects, to var- comed its first few students in 1965, and the could pursue the truth without faculty, without ious forms of determinism, to the primacy of place has grown to a major university with tuition, without books, without grades, without impersonal forces, to the pretense of pseudo- many colleges. Yet much of the tone of the special buildingsÐthey met for years in a scientific objectivity, to the actions and beliefs campus, its intellectual life, its style, was the cafe, more recently in a church, and, perhaps of the few leaders rather than the people who inspiration of Page and Eloise. They probably most importantly, without faculty meetings and make up the whole of society. had more influence in the shaping of that administrators. He was to many the founder of He later said that the American Revolution great institution than anyone else. In the em- Santa Cruz's casual and irreverent style, but took place first and foremost ``in the hearts phasis on classroom teaching, on shared intel- he also stood for structure, reverence, and and minds of the American people,'' and that lectual pursuits within the college, on the col- students wearing ties to dinner once a week, ``the best history of the American Revolution lege as a social framework in an otherwise im- and once raised a flap when he complained was written by the people who were in it.'' His personal institutional setting, on personalized that students had become too unbuttoned. He work was always a magical weaving of first- education and evaluation, Cowell College and was a leading advocate of women's rights and hand accounts of those who participated in the ultimately UCSC were in many ways the off- women's role in the university and in the Na- events, and his histories were always first and spring of Page and Eloise. tionÐas in his 1970 book, ``Daughters in the foremost captivating stories about real people. He summed up what a university might be, Promised Land'', but raised another flap by And that was the narrative history that Page and in particular what his university should be, criticizing the proliferation of women's studies both practiced and preached. When Page as ``the pursuit of truth in the company of classes at UCSC as too often sexual politics published in 1976 ``A New Age Now Begins''Ð friends.'' What is so remarkable that it is so rather than serious academic courses. He was which was the beginning of his eight volume often forgotten is that Page was only provost an Eastern traditionalist who also became a work, ``A People's History of the United of Cowell for half a dozen years, and left the Western innovator. States'', the great American historian Samuel university entirely in 1973. His enduring effect He was an author of prodigious output, who Eliot Morrison not only called it ``a great, mag- on the institution would have been astounding nevertheless opposed the premium univer- nificent work,'' but also spoke of it in terms we if he had worked there for a lifetime. sities put on publishing at the expense of might more commonly reserve for a captivat- Characteristically, he left over one of the teaching. His critics sometimes took him to be ing novel or movie: ``His story of Bunker Hill is principles which had brought him to Santa at the forefront of the counterculture of the a real thriller. * * * His chapter on Washing- Cruz: that the primary purpose of the univer- 1960's, but in fact he had a traditionalist's ton resigning his commission, and the dis- sity should be to teach students. He left in work ethic sufficient to stagger most men. banding of the army, is a masterpiece.'' protest over the publish-or-perish requirements Even in his pseudoretirement, he strictly set Page always believed that good history is a the university imposed on his younger col- aside a good part of nearly every day for re- good story, that it is about people, and that it leagues to the detriment of their teaching re- search and writing, which he did with great must be made from their thoughts and obser- sponsibilities. Having so changed the nature of discipline. From age 59 to 69, he wrote his vations, which he found in bits of letters, dia- the university, he was still dissatisfied that it eight-volume, 6,000-page ``People's History.'' ries, and the like. He argued that historians had not changed more. The month he died at age 77, he published should not look down on the past from their Page was 56 years old when he left the uni- two new works: ``Democracy in Trial: The Jap- lofty perch of historical distance. ``I say the sit- versity. He was the award-winning author of anese American Evacuation and Relocation in uation is more like an archaeological five major works in American history, and he World War II,'' and ``Old Age is Another Coun- dig * * * (you) reconstruct what happened had been instrumental in the founding of a tryÐA Traveller's Guide.'' out of the remnants and shards.'' major new institution of higher learning. Some He was both of the establishment and quick The Adams biography was the first of his would have rested on those considerable lau- to challenge it. He was above all else a prob- works to take up the curious story, which he rels, but Page had an irrepressible curiosity ing mind, always subjecting ideas and beliefs, revisited in both his ``People's History'' and in and a relentless work ethic. What some including his own, to re-evaluation and scru- his biography of Thomas Jefferson (1976), of thought of as his retirement instead blos- tiny. Nothing was safe from reappraisal and Adams and Jefferson. These two men were in somed into his most productive years, years in fresh judgment, and there was nothing he many ways the polar opposites of their era, which he would author and publish another 14 loved to challenge anew so much as his own political adversaries, and symbols of opposite major volumes, including his 8 volume ``A views. He was always looking for a new per- tendencies in American life. Jefferson em- People's History of the United States''. spective on any issue, a new piece that would bodied much of the radical idealism of the The ``People's History'' alone took a decade reveal something about the puzzle, a new clue Declaration of Independence, Adams the care- to write, but it was Page putting into practice to the mystery. E 1724 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 Eloise grew up in North Carolina. There was Page in his later years wrote a very popular TRIBUTE TO COL. LEWIS VINCENT nothing about her background which would newspaper column on old age, entitled ``Com- EVANS, IV have suggested a great artist was in the mak- ing of Age.'' Eloise was often the foil for his ing. Yet beginning with the inspiration of a good-natured satires and complaints about old HON. FLOYD SPENCE high school arts teacher, she took to the arts age. Finally she took over one installment of OF SOUTH CAROLINA with a vigor that characterized her throughout the column to give her rebuttal, entitled, ``Page her life. Her talent was enormous. By the time Smith's Wife Tells All.'' She noted that she IN THE HOUSE OF REPRESENTATIVES she was 21, she had won five national schol- had once, ``in a thoughtless moment,'' said Wednesday, September 6, 1995 arships to the Art Students League in New that Page was ``almost perfect to live with,'' Mr. SPENCE. Mr. Speaker, I rise today to York City. and that Page had promptly written it down recognize Col. Vince Evans upon his retire- Once married, her career as an artist was and had it signed by witnesses and notarized. ment from the U.S. Air Force, after serving our often interrupted, and she clearly determined She then proceeded to set out her reasons great Nation for 24 years. For the past 3 to make her artistic career secondary. Never- for emphasizing that he was less than perfect. years, Colonel Evans has held the distin- theless, she continued her work as best she A brief sample: ``It pains me to have to say guished positions of Chief of the House Air could. She once recalled in a Santa Cruz Sen- that Page is inherently lazy. For years he has Force Legislative Liaison Office and Chief of tinel interview that on the rare occasions when done his best to persuade me that, as `writer' the Air Force Weapons Division. Soon after she got away to paint, she would think of her and `thinker', he is hard at work as soon as assuming his most recent positions, Colonel children and worry that ``they're all out running his eyes are open in the morning. Although he Evans quickly established a solid reputation around in the middle of the street and Page is has written on the importance of a husband's with Members and their staffs as an authority typing.'' participating in housework, and prides himself on a diverse array of Air Force programs and Eloise was always a force; a force at home, on having been a forerunner of the emanci- issues. His strong operational fighter back- a force in the community, a force at Cowell pated modern male, here again he is longer ground quickly established his credibility as he College, a force in the world of art, and a on theory than practice. As he gazes was routinely sought by members of the Na- force in the life of her husband. But she was distractedly around our rural abode, he man- tional Security Committee to provide briefings always a force with grace and charm. She ages to screen out dirt on the floor, crumbs regarding national security issues. was coauthor with Page of the style of Cowell (his) on the rug, spiderwebs trailing from the Colonel Evans' understanding of congres- College in particular and UCSC in general. On ceiling, windows crusted with dust stirred up sional operations, coupled with his sound campus, she promoted both greater participa- by his barnyard fowls whose droppings are ev- judgment and a keen sense of priority, have tion in and understanding of art. erywhere and who rouse me from my sleep been of great benefit to both Members of Con- She not only did art, she advocated art and with their crowing and honking. He performs gress and the U.S. Air Force. Colonel Evans' its role in the community. Most notably, she the most modest domestic chores as though openness and unquestionable integrity have was named by the Governor of California in they were the labors of Hercules. His so-called provided support to Members of the House of 1975 to head the California Arts Council, and study would make a pig blush.'' Representatives in many difficult situations, rather than use that position for more tradi- ranging from constituent matters to far reach- tional purposes, she determined to start an She concluded the article however, by say- ing national defense weapons systems issues. arts program in the California State prison sys- ing simply, ``I did say `almost' perfect. But I still He has demonstrated invaluable support dur- tem as a way to help inmates break patterns adore him.'' ing the historic changes in the House leader- that would otherwise bring them back to pris- Page loved the article, just as he loved its ship, as well as in meeting the difficult chal- on. Despite its modest size and resources, the author. lenges of protecting our Country's military ca- program enjoyed notable success. pabilities, while working to balance the Federal Though she never promoted her own art the This past May Eloise was diagnosed as budget. way she promoted the role of art in the com- having kidney cancer, and her health declined munity, she was widely recognized as an rapidly. Soon after, Page was diagnosed as Mr. Speaker, it has been my distinct pleas- award-winning artist, and particularly in recent having leukemia. He determined to live as ure to have worked and traveled with Colonel years, her art and her reputation as an artist long as she did. Evans. He has served with great distinction blossomed. ``As mother failed, he failed,'' said their and he has earned our respect and gratitude The story of Page and Eloise is not ulti- daughter. ``Four days ago they told him they for his many contributions to our Nation's de- mately the story of a historian, an artist, and could keep him alive until she died. It's exactly fense. My colleagues and I bid Col. Lewis Vin- two educators. The story of Page and Eloise what Daddy wanted. He said he didn't want to cent Evans a fond farewell and wish he and is above all else a love story, and one of the live without her and that he considered it a his family the very best as they move on to most profound love stories ever lived. blessing.'' face new challenges and rewards. Page as a young soldier in training in North f When Eloise died Saturday morning, August Carolina was walking down the street in town 26, Page refused further medication. In a few TRIBUTE TO SAM MUCHNICK and saw a painting on display in a shop win- hours, he slipped into a coma. He died a day dow. He was so taken with it he bought it on and a half after she did. the spot and asked to meet the artist. On HON. JERRY F. COSTELLO meeting Eloise, he fell in love at first sight and The Smith's longtime friend, Mary Holmes, a OF ILLINOIS determined to marry her. They were man and professor of art history who came with them IN THE HOUSE OF REPRESENTATIVES wife for 54 years, had four children, seven from UCLA to launch UCSC, said, ``We Wednesday, September 6, 1995 grandchildren, and one great-grandchild. couldn't even imagine the shape of a life he Of their marriage their daughter, Ann would have without her. Apparently, he Mr. COSTELLO. Mr. Speaker, I rise today to Easeley, recently said, ``She allowed him to be couldn't either.'' pay tribute to Sam Muchnick, a name familiar the kind of person he was. She made a life She added, ``Their relationship was such a to many of my colleagues who represent con- and an environment and world for him that en- rarity and an extraordinary thing. It was a gift, stituents near the St. Louis metropolitan area. abled him to do the amazing things he did. and they became a gift for everyone that knew Thousands of the people I represent have She was devoted to him and he was depend- them. It was a love story; what a love story.'' loved Sam Muchnick for many years as a ent on her.'' neighbor, friend and community spirit whose Eloise was in many ways Page Smith's By their own wish, they were cremated and roots in the Metro East are strong. Page Smith, the iconoclast's iconoclast. He their ashes mixed together. Sam Muchnick has been one of the greatest would hold forth at a dinner gathering in full Death is not newsworthy; it is too common. sports promoters in all America. For over 50 professorial bloom, and she would manage to What is rare is to have truly lived to the fullest, years, he served as the Nation's premier deflate his balloon with an affectionate but ef- to have left a legacy of creative works, of wrestling promoter until his retirement from the fective pin prick. He would rush to his own de- many lives touched, of community improved, sport in 1982. Known as Mr. Wrestling, Sam fense and enjoy the opportunity for intellectual of understanding increased, of fond remem- has been a good friend to me and was a very thrust and parry, but take great delight at the brance. There are no two people who have close friend to my predecessor, Congressman same time in this university big name getting had more of all that than Page and Eloise Melvin Price. his comeuppance. He loved her wit, her chal- Smith. Their lives stand as a celebration of Sam got his start in the sports business as lenge, as well as her charm. what human lives can be. a writer following Cardinals baseball for the St. September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1725 Louis Times. He got into the wrestling busi- TRIBUTE TO WALTER REUTHER PERSONAL EXPLANATION ness as an assistant to promoter Tom Packs and found his niche. HON. KWEISI MFUME He served for more than 25 years as presi- HON. SANDER M. LEVIN OF MARYLAND dent of the National Wrestling Alliance, which OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES consisted of promoters from coast to coast. Wednesday, September 6, 1995 During his career as Mr. Wrestling, Sam IN THE HOUSE OF REPRESENTATIVES Mr. MFUME. Mr. Speaker, I was detained in Muchnick spent many days relating his sport- Wednesday, September 6, 1995 ing stories to me and other young people my congressional district in Baltimore today growing up in the Metro East. He still stops by Mr. LEVIN. Mr. Speaker, on Friday, Septem- and thus forced to miss three record votes. and talks to Jack English, George Silvey, Bob ber 8 a 25th Commemorative Tribute will be Specifically, I was not present to record my Burns, Eddie Moran, Bob Bregg and other held in honor of Walter Reuther. Marking the vote on rollcall vote No. 636, on ordering the friends in the sports business during a visit to tragic death of Walter and Mae Reuther in previous question; rollcall vote No. 637, the motion to recommit the conference report to English's Tavern in Belleville. 1970, it will honor their lives and their service H.R. 1854; and rollcall vote No. 638, on Today, I bring to the attention of my col- to others. leagues the long and popular career of ``Mr. agreeing to the conference report to H.R. Wrestling.'' I know they join me in congratulat- In life, Walter Reuther was larger than life, 1854. ing Sam Muchnick for the years of enjoyment a giant of a figure. Had I been here I would have voted nay on he has provided to wrestling and entertain- In death, he left a legacy that has outlived rollcall vote No. 636, ordering the previous ment fans in the United States. him, and a strong group of legatees to carry question; yea on rollcall vote No. 637, the mo- on his work. tion to recommit the conference report; and f nay on rollcall vote No. 638, on agreeing to His legacy includes a number of seeming IN HONOR OF THE 1995 CARNAVAL the conference report. ironies: Considered by some in the business ELIZABETH f world to be an enemy, time more and more revealed him as a key figure in helping to pre- RECOGNITION OF THE FIRST LADY HON. ROBERT MENENDEZ serve, indeed strengthen American capitalism; HILLARY CLINTON OF NEW JERSEY often in the middle of a number of historic ad- IN THE HOUSE OF REPRESENTATIVES versarial clashes with management, his Union HON. PATRICIA SCHROEDER has led the way toward a more collaborative OF COLORADO Wednesday, September 6, 1995 relationship between management and labor, IN THE HOUSE OF REPRESENTATIVES Mr. MENENDEZ. Mr. Speaker, I would like and sometimes accused of class warfare, Wal- Wednesday, September 6, 1995 to take this opportunity to pay tribute to the ter Reuther, his brothers Roy and Vic and participants of the Carnaval Elizabeth. This 3- their colleagues helped create in America the Mrs. SCHROEDER. Mr. Speaker, hats off to day event celebrates Hispanic achievement in largest middle class in the world. First Lady Hillary Rodham Clinton for her pow- erful statement at the U.N. Conference on America and the diversity of the Hispanic cul- These contrasts were actually a reflection of ture. The Carnaval will be held from Septem- Women in Beijing. Over the past 3 years, the consistent threads running throughout the life ber 2d to the 4th, 1995, in the city of Elizabeth First Lady has been a strong voice for chil- of Walter Reuther: a strong dedication to de- in New Jersey. dren, families, and women. She has never mocracy and a deep distaste for intolerance; a The Carnaval is sponsored by the Elizabeth shied away from speaking out on issues she belief in the dignity of work and of the individ- Latin Chamber of Commerce and Melly Mell cared aboutÐbe it childcare or women's Productions. The Elizabeth Latin Chamber of ual who labored. His strength of personality health. Over the next week, I would like to Commerce prides itself on assisting and de- reinforced, rather than undermined, his belief highlight excerpts from Mrs. Clinton's state- fending Hispanic businesses. It is an organiza- in pluralism. ments on women, children, and families so tion that engenders friendship and fraternity His love for his Union, the UAW, was so that Members in the House as well as their constituents at their own public libraries can among city and State organizations. Both or- powerful that it only motivated him to address read them. ganizations are dedicated to helping the His- its imperfections. panic community. Together they are producing The first excerpt is from her commencement I saw his influence first-hand initially as a a Carnaval that will celebrate the hard work speech at the University of Minnesota given youngster helping to earn some money for col- and traditions of the Hispanic people. this past year and focuses on education: lege working in a factory one summer. Walter But instead of support and appreciation for The Carnaval Elizabeth will be celebrated Reuther's spirit of brotherhood and sisterhood education today, we see a movement among for 3 days over a quarter of a mile stretch in helped create among the rank and file in the us to undermine education. We see some the heart of Elizabeth's Hispanic business dis- plant an atmosphere of people working to- among us who would knock down the ladders trict. There will be live entertainment, dancing, of opportunity after they themselves have folklore and amusement rides for the children. gether, instead of against each other. The already reached the top rung. For genera- Many Hispanic entertainers such as Ramon plantÐhot and dirtyÐwas hardly a haven but tions, education has been the gateway to op- Ortiz, Frankie Ruiz, Jose Alberto and many it provided a welcome respite from the outside portunity and, when married with respon- others will share their musical talents. The atmosphere in a city often torn by social and sibility, has been the recipe for the American racial divisions. Dream. Education is not just about acquir- Carnaval will have booths featuring traditional ing facts, or even about acquiring skills to foods, products, arts and crafts. Remembering Walter Reuther is important prepare oneself for a career. It is also about The Hispanic culture is rich and diverse. in part in helping us to remember first prin- learning how to meet the challenges of one’s The Carnaval is an opportunity for people from ciples. He was visionary, and that meant that time. How to solve problems and adapt to different Hispanic countries to gather together he could see far enough ahead to discern new circumstances. How to go forward into the world with the spirit and optimism that and celebrate their culture. Awareness is very when there was a need for change in order to important in the Hispanic communityÐthe Eric talked about. It is about building a be faithful to basic principles, and in order to deeper understanding of the complexity of Carnaval introduces people to many new cus- be effective in carrying them out. human civilization. Understanding our his- toms and traditions. The Carnaval also cele- When history has a truly ample period of tory, knowing that there is much we can brates the many vital contributions that the learn from those who came before. Defining Hispanic Community has given to the city of time to look back fully to discern the evolution one’s place in the world, and figuring out Elizabeth. of democracy in America in the 20th century, how to live in a way that does honor to those I am confident my colleagues will join me in I have no doubt that Walter Reuther will loom who have believed in us. honoring and celebrating the Carnaval Eliza- very large. It is only true to ourselves, as peo- Education is also not, if it ever were, a one-shot deal. There are all kinds of people beth. In its 14th year, the Carnaval Elizabeth ple who share his faith in democracy, that we take some time in 1995 to remember him, in our society today who need to learn and will celebrate the uniqueness of the Hispanic want to learn. They range from the very culture. The gathering will integrate the many whom we grievously lost 25 years ago in young to the very old. They are all kinds of Hispanic traditions and create an atmosphere 1970. people who recognize that the challenges of of festivity and cultural recognition. the global economy are such that they can E 1726 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 only be met by a spirit of learning. But trag- born 74 years ago. He served in the U.S. he studied the business, he and Geraldine ically as we all know today, there is a move- Navy during World War II and attended Har- opened their own family-owned and operated ment afoot in state capitals, and the nation’s vard Law School on the GI bill. market. Their small market grew and pros- capital, to retreat on America’s historic Upon his arrival in Washington, Mr. Webster commitment to education funding. It is a re- pered and became Buffalo's well-known treat marked by a rather unusual argument. established himself at a respected DC law firm ``Dubel's Supermarket.'' One that says, slashing education funding is where he developed his interest in the laws After 54 years of hard work, Harry went into for the good of our children. Under this governing associations. This interest led to his semiretirement: now he works only 6 days a skewed logic, cutting back on education will being named general counsel of the American week at the store with his sons who took over enable us, in some miraculous way, to pro- Society of Association Executives in 1965. In the family business years ago. vide more and better opportunities than we turn, his work with ASAE led to his writing the Mr. Speaker, today I would like to join with now enjoy. Nothing could be further from definitive book on association law, ``The Law Harry and Geraldine's family, colleagues, and the truth. If we sound the retreat on edu- of Associations,'' in 1971. This book has been innumerable friends throughout western New cation in America, we deny the opportunity of preschool and Head Start to thousands of in print ever since and has provided crucial York to recognize and celebrate with them children. We deny tens of thousands of ele- guidance for legions of associations as they their 65-year commitment based on mutual mentary school students the resources they sought to work toward their members' best in- love, faith, and respect. Harry and Geraldine need to improve their reading and math terest. It has also proven invaluable to all as- Dubel are in inspiration to us all. schools. We deny summer jobs and learning sociation leaders. f opportunities to young people. And most Mr. Webster founded his own Washington, cruelly of all, we deny the opportunity for law firm in 1968, currently known as Webster, MAKES ME WANNA WHINE college to millions of Americans by decreas- Chamberlain, and Bean, of which his son ing the availability of loans, making them less flexible, and raising interest payments Hugh is a partner. As one might expect, Web- HON. MICHAEL G. OXLEY and tuition beyond the reach of many work- ster, Chamberlain, and Bean does an excel- OF OHIO ing families. lent business in representing associations as IN THE HOUSE OF REPRESENTATIVES It is particularly ironic that those who well as corporate entities, and it remains one Wednesday, September 6, 1995 profess to worry most about values in Amer- of the most respected Washington law. ica are on a crusade to diminish federal sup- In addition to knowing George Webster by Mr. OXLEY. Mr. Speaker, I would like to port for education and obliterate the Na- his professional reputation and as a fellow bring a recent column by Paul Taylor of The tional Service program known as Tennessean in Washington, he also has been Washington Post to the attention of my col- Americorps, that the President launched last leagues. As we in Congress continue about year. It is a false debate to pit a discussion extremely active in Republican politics at the about values against the real economic con- State and national levels. He was the head of our task of reducing the power, reach and ex- cerns of the American people. It is not ei- Lawyers for Nixon during President Nixon's re- pense of the Federal Government, we might ther/or. It is both/and. We need both a strong election campaign, and has been heavily in- do well also to lower some unrealistic expecta- economy that protects jobs and values that volved in fundraising for several national Re- tions. we want our children to be raised by. And publican candidates since then. In east Ten- In a free society, there are limits to what what better example than National Service nessee, there are few better ways for a Re- government can do to guarantee financial suc- of what we mean by taking economic and publican to raise money and meet people than cess for its citizens, prepare for their retire- educational opportunity and marrying it ment, or preserve their families. The U.S. with values. The values you get from tutor- to have him entertain at the Webster farm ing children, building homes for the elderly, near Rogersville. Government can not compel people to make working with police officers, cleaning up the Although George feels that 30 years as gen- intelligent career choices, invest wisely, or environment, immunizing children. National eral counsel to ASAE is enough, he will con- take their kids to the ball game. The Govern- Service is built on very old-fashioned values tinue to remain active at Webster, Chamber- ment can not make you go to churchÐit is in of hard work, discipline, and community lain, and Bean, and I know that he will enjoy the Constitution. service. The men and women who serve do so spending more time with his lovely wife, Tuttie, Our first goal should be to see to it that gov- because they want to help people. And in re- and his children, Hugh, George, and Aen. I ernment interference does not restrain citizens turn they get some small assistance with from realizing their dreams. Beyond that, we their education that not only helps them, know that while ASAE will surely miss his but helps us as a country. guidance, he will continue to be available to should limit ourselves to those relatively few So whether we belong to Generation X, Y, advise associations, other attorneys, and activities which are performed best by a Na- or Z, each of us has the opportunity in our friends for a long time to come. tional Government. To that end, it would be own way to make clear what values really It is a great honor to pay tribute to such a helpful if politicians, pundits and the press matter. And we also can make a difference valued and longtime friend who richly de- would take a break from over-indulging the with those values in the lives of people we serves the highest praise for his contributions, malcontents (and searching for scapegoats) love and care about. Education matters. loyalty, and dedication to his profession, to the and instead focus on efficiently executing the Kindness matters. Truth matters. Patience, basic functions of government. hard work, tolerance, empathy, discipline— State of Tennessee and to the Nation over the all of these matter. Forgiveness matters, and years. His achievements have done so much The at once sad and glorious truth is that gratitude matters, especially on a day like for so many during his lifetime. much of what ails the people of the United today. f States today is beyond the domain of govern- f ment. Americanism is about individual initiative TRIBUTE TO HARRY AND personal responsibility, private acts of charity, TRIBUTE TO GEORGE WEBSTER GERALDINE DUBEL and above all else, freedom. With the freedom to pursue your ambitions comes the risk of HON. JAMES H. (JIMMY) QUILLEN HON. JACK QUINN falling short. With that in mind, I commend the OF TENNESSEE OF NEW YORK following column by Paul Taylor to the atten- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tion of all interested parties. Wednesday, September 6, 1995 Wednesday, September 6, 1995 MAKES ME WANNA WHINE (By Paul Taylor) Mr. QUILLEN. Mr. Speaker, I am honored to Mr. QUINN. Mr. Speaker, I rise today to rec- ‘‘Politics,’’ says Bill Bradley, ‘‘is broken.’’ take this opportunity to pay tribute to a legend ognize the 65th wedding anniversary of Harry His fix is to quit the Senate and ‘‘focus on of the Washington, DC, legal community, as and Geraldine Dubel. Harry and the former the lives of the people who are disconnected well as a very dear friend of mine, George Geraldine Solomon, who were both born in from the political process.’’ And just maybe Webster, who is stepping down as general 1909, were married on September 10, 1930, run for president. counsel for the American Society of Associa- at St. Stephen's Roman Catholic Church. Three suggestions, senator. Start by tell- tion Executives after 30 years of exemplary Parents of 3 wonderful children, Rita, Henry ing all those disconnected people to stop service to that body. Jr., and Robert, their family now proudly in- whining. Then tell the politicians to stop pandering to the whining. Then tell the Although he has made his living in the Dis- cludes 13 grandchildren and 21 great grand- media to stop exploiting the whining. trict of Columbia for 45 years, he remains a children. Can anyone really believe the problem constituent of mine by maintaining his beau- Harry initially worked as a delivery man for with American politics is that the folks who tiful farm in Hawkins County, TN, the region the Bond Bread Co. and then worked in the claim to be alienated from it—most inclu- where his family originated and where he was grocery business. After 10 years, during which sively defined, the nearly three-quarters of September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1727 Americans who now routinely tell pollsters In South Africa, I had the chance to ob- by . . . how normal everybody is! In office they don’t trust their government—aren’t serve political leadership at its most sub- elevators, at fast-food joints, in airport lob- being hear? lime. Had Nelson Mandela and Frederik W. bies, the folks I encounter are the same The problem is that they’re running the de Klerk been guided by the angry voices in busy, sensible, good-humored, can-do Ameri- show. They own the radio talk circuit, the their respective constituencies, South Africa cans I’ve always known. They don’t look catch-a-scoundrel television newsmagazines, probably would have been plunged into a crazed; they don’t even look stressed. the late-night comedy monologues, the race war. Instead, using moral suasion and At the hollow core of this culture of com- prime-time sitcoms and the afternoon pragmatic statesmanship, they persuaded plaint, there’s an element of hype—a kind of Oprah-and-Phil whine-alongs, to say nothing nervous supporters to accept a scary racial tacit conspiracy between the media and the of Madison Avenue and Hollywood. compromise. Mandela and de Klerk each suc- whiners. The latter have grown savvy about Their grievances have become our national ceeded precisely to the degree that an ele- which sound-bites will get them into the na- entertainment—neatly packaged, vora- ment of their message to the people was: tional conversation. The former, if they’re so ciously consumed. Their everybody’s-out-to- Stick you pain where the moon don’t shine; inclined, can extract a fuming quote from screw-me take on life is ground zero of the one day you’ll thank me. just about anyone. I’ve found that if you popular culture. During those three years abroad I also talk to most Americans long enough, they The political press lavishes attention on kept half an eye trained homeward. From turn out to have nuanced, common-sense their rumblings about the need for a third 8,000 miles away, American society looked views (if not always quotable quotes) about party or another independent presidential impossibly rich, breathtakingly dynamic and almost everything, including their govern- run by the likes of Ross Perot or Colin Pow- pathologically whiny. ment. They may not be especially well-in- ell, and never mind that the central truth Poor, bedraggled Africa probably isn’t the formed, but they’re smart. about the ‘‘radical middle’’ of our political clearest vantage point from which to observe They’re certainly right that the political spectrum is that its members have no com- anything in the First World. Nonetheless, system isn’t responsive to their anxieties. mon ideology. here’s what I saw from there: An America But they’re wrong that their anxieties can Some are liberal, some conservative, some that had colonized the planet with democ- be reduced to neat public policy solutions. Or libertarian. What grieves them doesn’t start racy, language, currency, computers, movies, that the sky is somehow falling. with politics and, in the main, can’t be fixed music, bluejeans and fast food. An America When all these people loudly proclaim that by politics. It is spiritual, social, moral and whose inflation and unemployment was low, politics is broken, it reminds me of an obser- vation sometimes made about academic poli- economic. That’s why, at Perot’s whinerama whose stock market was booming. An Amer- tics: the smaller the stakes, the nastier the in Dallas earlier this month, the best audi- ica at peace. An America that had slain com- fights. ence responses went to empathetic speakers munism in the second half of the century, from distant poles of the ideological map— Freed from cosmic worries, spared of wars just as it had slain fascism in the first. or depressions, bereaved of global enemies, Jesse Jackson on the left and House Budget Job well done! Let’s party! Yet everyone in Americans in the 1990s are gazing at their Committee Chairman John Kasich on the America I saw on CNN seemed to want to navels and grousing about the lint. It’s right. shoot, shout or sue. Here’s a radical notion: When the whiners human nature. Plainly, some of this dyspepsia is a morn- Both the politicians and the media have a insist the problem is rooted in politics, their ing-after phenomenon. After wars, hot or professional interest in pretending the delusions become self-fulfilling. Their media- cold, nations lose their sense of mission. And stakes are huge. So the 1994 Republican stoked anger creates the dysfunctional foun- some is the stress on everyday lives caused takeover of Congress gets blown up as a ‘‘his- dation upon which the nation’s political con- by a shift in economic epochs, from the In- toric’’ realignment, and already the ’96 presi- versation is held, its candidates elected and dustrial Age to the Information Age. And dential contenders are talking about a its public policy made. They do at least as some is a winner-takes-all dynamic that ‘‘once-in-a-lifetime’’ chance to reconfigure much damage to politics as politics does to keeps driving American income distribution the size and scope of government. them. toward more distant poles of inequality. And The voters are pretty wise to this poppy- In 1992, the whiners achieved the latest in some is the frustrating wage stagnation of cock, but it feeds their frustration with poli- a string of dubious political victories by the middle class. And some is the confusing tics. They keep hearing about all the up- electing a president who is forever reassur- change in gender roles and relationships. To- heavals that are supposed to be coming out ing them: ‘‘I feel your pain.’’ Naturally, this gether, all of these forces have undermined of Washington; then they check their own makes then whine even louder. the nuclear family, society’s most reliable lives and discover nothing’s changed. They But their impact on politics didn’t begin incubator of values and morals. feel jerked around. They switch channels, or with President Clinton. For a generation Let’s stipulate that life is tough. It’s tough turn off the set altogether. now, the angry middle class has systemati- to live in the inner city; to lose a job to cor- The absence of big change from Washing- cally put into office politicians of both par- porate ‘‘downsizing’’; to graduate from col- ton can be seen another way: as a testament ties who over-indugle them, to everyone’s lege suspecting you’ll never live as well as to a stable, non-ideological, centrist politi- eventual grief. What is the hated national your parents. cal system, where public policy is fought out debt but the cumulative choice by one cowed But really! Can it be tougher to be a single between the 45-yard lines. That’s not a bad Congress and president after another to give mother working at McDonald’s in 1995 than thing. the American people all the goodies they de- it was to be a immigrant wife working in a The problem is that the real source of what mand, then flinch at charging them at 100 Chicago slaughterhouse in 1915? Tougher to ails America lies beyond the reach of govern- cents on the dollar? be an insecure factory worker now than an ment. Nobody, for example, wants to live in When the angry populists get angrier still Oklahoma farmer during the Dust Bowl a society where a third of all children are about the way this shell game has mortgaged years? A 22-year-old cab driver now than a born out of wedlock and half grow up in their children’s future, they scour the land- 22-year old GI in 1917? Or 1943? Or 1952? Or homes without their biological father. Ev- scape for scapegoats. Is it the big money 1969? eryone understands how that tears apart the boys, the corporate lobbyists, the PAC men, Hey, we’ve got air conditioning, ESPN, social fabric. the NAFTA brigade? Or is it the lily-livered Dove Bars and lots of other good stuff. But Yet politicians indulge the conceit that politicians? Welfare cheats? Illegal immi- Americans still seem to have convinced they can change these behaviors. Right now grants? Single mothers? Blacks? Whites? themselves that life in the past few decades they’re debating welfare policy, a useful de- Japanese? Mexicans? Detective Fuhrman? keeps getting worse. bate to have. But the personal behavior of All the usual suspects get trashed, except of Part of the delusion is sustained by my the poor (or anyone else) is substantially be- course the perps themselves, who just get craft. In a complex world, the culture of yond the reach of policy; always has been. more angry. complaint makes journalism less difficult. New Jersey recently adopted a new welfare Before I push this curmudgeonly screed There’s a grievance, there’s a victim, there’s policy that cuts off additional benefits to any further, let me put my own suspect cre- a bad guy. Whining (and O.J.) has become welfare mothers if they have more kids. The dentials on the table: I write with some com- the touchstone that connects us all. It preliminary findings? They keep right on plicity and, at least for another moment or bridges our diversity. It moves product. having more kids. In matters of the heart two, some distance. Sometimes journalism can take all this to and matters of the loins, government doesn’t I’m recently back from a three-year stint silly extremes. Last week’s Time magazine have enough carrots and it doesn’t have as The Post’s correspondent in South Africa, cover story, ‘‘20th Century Blues,’’ turns to enough sticks. where I covered the brave transformation psychobabble in seeking to establish a ‘‘mis- If there was a little more honesty from on from apartheid to democracy. Before that, I match between our genetic makeup and the high about what government can do, maybe covered American politics for two decades. modern world.’’ The piece begins: ‘‘There’s a there’d be a little less anger from below During the 1980s, I wrote my share of sym- little bit of the Unabomber in most of us.’’ about what it cannot. pathetic articles about the set-upon, anxi- Two weeks ago, a New Yorker essay started But maybe not. I often wondered these ety-prone, economically stagnant middle the same way. Memo to colleagues: That past three years how Mandela or de Klerk class. Perhaps I caught the virus. Eventu- guy’s a crackpot. Most Americans aren’t. would have fared in the cynical pit of Amer- ally, like the subjects of these pieces, I grew In fact, I’ve made an important discovery ican politics. They’re both gifted politicians, jaded with American politics. I decided to after returning from three years of worrying but part of their success was based on the re- cast my lot elsewhere. from afar about America’s angst. I’m amazed spect that Africans have for their leaders E 1728 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 and institutions. It is a continent full of during our long tenure in the minority. This leagues to support this funding level included willing followers (often too willing); in this Member also believes that the quality of work in this conference report. instance they were served by exceptional produced by the GAO is shoddy. While the leaders. f In America at the moment, that relation- quality of the work varies dramatically, all ship has gone awry. Our leaders won’t lead products are given the same kind of credibility TRIBUTE TO RUDY JORDAN ON HIS and our followers won’t follow. simply because they are GAO products. The RETIREMENT It’s hard to imagine how the logjam gets level of resources provided to produce these broken from below. The laws of human na- products has been excessive and has grown ture can’t be repealed. Cynicism begets cyni- disproportionately when compared with other HON. ESTEBAN EDWARD TORRES cism. congressional support agencies. In addition, OF CALIFORNIA Still, each of us can make a start. I hereby vow as a returning political journalist not to GAO resources have also been used for con- IN THE HOUSE OF REPRESENTATIVES sultants, training, and other unnecessary ex- report at face value all the whining I’m sure Wednesday, September 6, 1995 to hear between now and November 1996. But penses. Concern has also been expressed the real burden, I’m afraid, lies with politi- that GAO is more interested in getting head- Mr. TORRES. Mr. Speaker, I ask my col- cians like you, Sen. Bradley. By all means, lines than in supporting the Congress with the leagues to recognize Mr. Rudy Jordan on the go out and listen to the voices of the discon- required information. This Member has also occasion of his retirement from over 30 years nected. But not too long. What they really been concerned by the funds that have been of dedicated community service and employ- need is a good talking to. spent to lavishly renovate GAO's offices. This ment as supervisor of child welfare and at- f renovated space includes plush conference tendance with the Montebello Unified School H.R. 1854, THE LEGISLATIVE and meeting rooms which seem excessive for District. BRANCH APPROPRIATIONS ACT the scope of work performed at GAO. The Over the years, Rudy accumulated a long CONFERENCE REPORT FOR FIS- leadership and staff of the GAO ought to visit list of accomplishments while working with CAL YEAR 1996 the staff here on Capitol Hill to understand youth. Starting out as a junior camp counselor something about crowded staff office condi- at the All Nations Camp in 1948, Rudy worked tions and about the absence of required con- his way up the ranks to become a senior ference rooms for meetings with constituents. camp counselor and finally, in 1954, served as HON. DOUG BEREUTER Now let's examine the GAO workload. From All National Boys Club supervisor for 5 years. OF NEBRASKA 1985 to 1993, GAO investigations doubled Rudy later worked as a special education IN THE HOUSE OF REPRESENTATIVES from 457 per year to 915. In addition, GAO's teacher and after 6 years of addressing the budget jumped from $46.9 million in 1965 to Wednesday, September 6, 1995 needs of special education students, began our current spending level of $449 million, a his employment with the Montebello Unified Mr. BEREUTER. Mr. Speaker, this member nearly 1,000-percent increase in unadjusted School District. rises in support of the conference report on dollars. Rudy also has an impressive record of in- H.R. 1854 and is pleased that this measure in- While the number of full-time equivalent po- volvement in civic organizations, especially cludes a reduction of $75 million for the Gen- sitions at GAO has been reduced additional those which aim to enrich the lives of youth. eral Accounting Office [GAO] below the fiscal cuts are still needed to account for the past He has been a voluntary Big Brother for over year 1996 funding level. This Member is par- growth at this agency, which this Member will 32 years, serving as a mentor to young men ticularly pleased that the House and Senate outline. In 1980, funding for GAO staff cost who might not otherwise have positive role conferees further reduced the funding level for $204 million. By 1985 that had grown to $299 model to seek guidance and counsel. In addi- GAO by $19 million below the House-ap- million. In 1988 it was $330 million, and in tion, he has served as a counselor for the proved fiscal year 1996 level. 1989, $346 million. The average increase be- Youth Opportunity Board, an advisory member Mr. Speaker, during the first days of the tween 1980 and 1990 was 8 percent per year. of the Eastmont Teen Post, co-founder of the 104th Congress, this Member wrote to the Then, in 1991, GAO was increased by 14 per- Association for the Advancement of Mexican- gentleman from Louisiana [Mr. LIVINGSTON], cent, to a total of $409 million. In 1992, GAO American Students, co-founder of the the chairman of the House Appropriations received another 8 percent increase to $443 Eastmont Parents Guild, co-founder of the Committee, as well as the gentleman from million. committees for both the Reggie Rodriguez Ohio [Mr. KASICH], the chairman of the Budget According to a Democratic study group Park and Saybrook Park, co-founder of the Committee, to express this Member's strong [DSG] special report issued on May 24, 1994, International Youth Boxing Club and the support for reduced funding levels for GAO. January 1994 personnel totals for GAO were Hollenbeck Police Athletic League Program. This Member is pleased with the action taken 4,597. This level was nearly as large as the Rudy's involvement in such programs exem- which confers with this Member's request for staffing level of 4,617 for the entire Library of plify his strong dedication to helping youth. reducing funding for GAO. CongressÐthe largest library in the worldÐ For some time, this Member supported a re- which also includes the staff of the Congres- Rudy, a Golden Glove boxing champion and duction in funding for GAO. In fact, during sional Research Service. former professional boxer, also used his ath- consideration of the fiscal year 1995 legislative According to this same study, in 1994, letic expertise to add fulfilling experiences to branch appropriations bill, this Member offered GAO's staffing level was nearly 21¤2 times as the lives of many youth. He is currently a box- an amendment to cut funding for GAO by 5 large as the 1,849 House committee staff ing trainer for the Santa Fe Springs Parks and percent below the fiscal year 1994 level. Un- members during the 103d Congress, and Recreation Program, as well as for the Sierra fortunately, this amendment failed by a close more than one-half as large as the 7,340 indi- High School Night Program. He also has been vote. viduals employed by Members of the House. a trainer for the Montebello Police Athletic The $374 million fiscal year 1996 funding The DSG study also compared funding levels League Boxing Program. In addition to his level for GAO included in the conference re- for the legislative branch from 1979 to 1994, civic and youth sports efforts, Rudy has do- port represents a decrease of $75 million in inflation-adjusted dollars. According to the nated his time as an usher at his local parish. below the fiscal year 1995 level. During last DSG, the General Accounting Office received Rudy's lovely wife of over 40 years, Gloria, year's deliberation of the legislative branch ap- one of the largest increases in funding for the and his five children are proud to have such propriations bill, the House approved a funding entire legislative branch at an inflation-ad- an active husband and father dedicated to level of $439.5 billion, an increase of $9.4 mil- justed 13.5 percent during this time period. serving his community. Indeed, I have had the lion. In addition, the fiscal year 1995 con- Funding for other areas of the legislative distinct honor of knowing Rudy and his family ference report then included $449 million for branch have actually declined since 1979, ac- for many years, and I am proud to count him GAO, $10 million more than the House bill. cording to this study. For example, the Library among my friends. This Member commends the conferees for re- of Congress received a 17.6 percent reduc- Mr. Speaker, it is with profound pride that I versing this outrageous trend in funding for tion, CBO was reduced by 3.8 percent, and rise to recognize Mr. Rudy Jordan on the oc- GAO. Members' staff was reduced by 6.4 percent in casion of his retirement from the Montebello This Member strongly believes that GAO is inflation-adjusted dollars since 1979. Unified School District, and I ask my col- an agency where growth has been out of con- Again, this Member would like to thank the leagues to join me in extending best wishes trol, and that it is an agency which has not conferees for their good judgment in facing the and congratulations to Rudy, a fine citizen been responsive to individual Members, espe- long-term reality of GAO and reducing funding whose involvement in our community serves cially to the requests of Republican Members for that agency. This Member urges his col- as an example to all. September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1729 CONCERNING THE RETIREMENT OF legislation during the 1960's or drafting edu- funding—a 3 percent cut for the state. Title SENATOR CLAIBORNE PELL cation reform legislation in the 1990's I funding would be cut by $1.1 billion. Cali- fornia would lose approximately $130 million Senator PELL is also known for his energy and unflagging devotion to his job. Despite the and the more than 236,000 needy California HON. JACK REED pupils that benefit from this program will be OF RHODE ISLAND long hours, late night Senate sessions, and impacted. Cuts to Title I hit hardest those IN THE HOUSE OF REPRESENTATIVES weekends working back home in Rhode Is- schools and students that are most in need. land, Rhode Island's senior Senator has never Wednesday, September 6, 1995 Impact Aid would be cut by $83 million na- wavered in his dogged determination to make tionwide. California would lose approxi- Mr. REED. Mr. Speaker, yesterday, a re- life better for all Americans. I know that he will mately $8 million directly affecting Califor- markable man made an important announce- bring the same energy and compassion to nia’s more than 200 Impact Aid districts. Bi- ment in my home State of Rhode Island and whatever task he turns to next. lingual Education would be drastically cut on the floor of the U.S. Senate. Rhode Is- It has been a privilege for me to serve with by about 75 percent. California would lose approximately $37 million in bilingual fund- land's senior Senator, Senator CLAIBORNE CLAIBORNE PELL. I wish the Senator and his ing and districts would be forced to signifi- PELL, announced to the people of Rhode Is- wife, Nuala, good health and happiness in the cantly cut back on the number of students land and to his Senate colleagues that he in- years ahead. served. More than one-quarter of California’s tends to retire at the end of his current term f 5.3 million kindergarten through 12th grade in the Senate. students have limited-English proficiency. The retirement of Senator CLAIBORNE PELL H.R. 2127 LABOR-HHS-EDUCATION Providing the appropriate services is in- marks the close of a career in the U.S. Senate APPROPRIATIONS creasingly challenging in California’s that has spanned three and a half decades schools, where nearly 100 different languages and witnessed rapid change in America and are spoken. Goals 2000 would be completely HON. MATTHEW G. MARTINEZ eliminated. In California approximately 96 the world. Throughout these turbulent years, OF CALIFORNIA percent of all school districts, including Senator PELL never wavered from his commit- IN THE HOUSE OF REPRESENTATIVES Azusa Unified, have indicated to the Califor- ment to the search for world peace or the cre- nia Dept. of Education that they desire to ation of educational opportunities for all Ameri- Wednesday, September 6, 1995 utilize Goals 2000 funds. California would end cans. Mr. MARTINEZ. Mr. Speaker, I think we can up losing $30 million from this program. Senator PELL's legacy of public service all agree that the right to an education is one These diverse programs are developed at the began well before he was elected to the Sen- of the most important rights we have in the local level to reexamine existing school pro- ate in 1960. One month before the Japanese United States. grams in order to better serve students. Adequate state funding for education and attack on Pearl Harbor, CLAIBORNE PELL en- Long ago, we realized that all Americans crucial, deserving, and equally needed pro- listed in the U.S. Coast Guard where he must have access to education if our Nation grams will not be available if these cuts are served as a ship's cook and able seaman. and our citizens are to prosper. However, the approved. School districts, such as Azusa After America entered the war, Senator PELL's new majority leadership is undermining edu- Unified, desperately need additional revenue family connections could have secured him an cation in this country. to continue to provide necessary programs to immediate officer's commission in the Navy, They cut $4 billion from education, reducing assist children within California. It is our but he chose instead to remain in the Coast the Federal Commitment by 16 percent. concern that the approval of this final Ap- Guard and serve on the dangerous North At- Do they assume that States and localities propriations bill will negatively affect our lantic convoy runs between the United States district’s educational programs. will pick up where the Federal Government will Sincerely, and England in the early years of the war. leave off? INEZ Z. GUTIERREZ, After the war, CLAIBORNE PELL and his wife, In my State or California, it took a lot of President, Board of Education. Nuala, went abroad where Pell worked as a arm-twisting to allocate another $1 billion for Foreign Service officer for the U.S. State De- education, raising California's per pupil ex- BALDWIN PARK, partment. During these postwar Foreign Serv- penditure rank from 42nd to 40th among the UNIFIED SCHOOL DISTRICT, ice years, CLAIBORNE PELL worked in and 50 States. Parents, school board members, Baldwin Park, CA, July 20, 1995. around the capitals of Eastern Europe, where and school districts are pleading that Federal Hon. MATTHEW MARTINEZ, he witnessed first-hand the emergence of funds be restored. U.S. House of Representatives, Rayburn Build- ing, Washington, DC. communist domination. Despite this experi- I submit some of these statements from Dear Representative Martinez: I have just ence, PELL always knew that communism was school districts in my district for the record. learned of the proposed cuts to numerous doomed to failure and predicted the ultimate Schools will not be able to continue to pro- educational programs proposed by the House death of communism long before the Berlin vide many services that our most disadvan- Subcommittee on Labor/Health & Human Wall came crashing down. taged children rely upon. Mr. Speaker, this is Services/Education Appropriations and am Following his Foreign Service career and a irrational and mean spirited. writing to express my outrage and concern brief stint in business, PELL declared himself a AZUSA UNIFIED SCHOOL DISTRICT, for the students and families who will dra- candidate for the U.S. Senate. PELL ran on a Azusa, CA, August 1, 1995. matically affected by the Committee’s ac- platform of ``Peace and Opportunity for Rhode Representative MATTHEW MARTINEZ, tions. By reducing programs between 20% Island'' and despite the lack of an endorse- Rayburn House Building, and 100%, the Committee is choosing to deny Washington, DC. students learning experiences that make a ment by the Democratic party, PELL won the DEAR REPRESENTATIVE MARTINEZ: Azusa difference in a child’s life. The need for Democratic primary and was elected to the Unified School District respectfully requests maintenance of educational funding from the Senate in 1960. At that time, one of PELL's your support to express our opposition to the federal government is critical to the success closest friends in New England politics was $4 billion in cuts the House Appropriations of schools. The educational system provides Senator John F. Kennedy and it was a special Committee is currently considering to ele- students and families with numerous oppor- delight for PELL to be going to Washington mentary, secondary and higher education tunities of success. Imagine how many stu- with his good friend. programs previously recommended by an ap- dents learn for the first time to read a word or write a sentence as well as work addition During his time in the Senate, CLAIBORNE propriations subcommittee. These congres- sional cuts would slash critical education and multiplication problems. The Commit- PELL gained a reputation for serving the cause and training initiatives in California and tee’s decision to slash numerous programs of peace and creating educational opportuni- would reduce education funding by 17 per- will reduce the effectiveness of teachers re- ties for all Americans. He has been instrumen- cent while other discretionary programs sulting in poor student performance and ulti- tal in the passage of several arms control trea- have only been reduced by two-five percent. mately greater social strife. ties and protocols over the years, including a The following critical educational program The Committee’s actions deny children a treaty banning nuclear weapons in space and areas affected are the Safe & Drug Free comprehensive, appropriate education. The on the floor of the sea. Senator PELL will also Schools with a $282 million cut and a $25 mil- cutbacks slated for the identified programs always be known for creating the Pell grant, lion funding loss to California. This cut reflect this observation which have myriad the most universally utilized higher education comes at a time when parents, educators and social implications. It is unconscionable that communities are seeking a safer learning en- educational programs would be targeted for grant available in America today. vironment for California’s students. Voca- reduction and include slashing Title I by $1.1 Senator PELL's favorite motto, ``Translate tional Education programs administered by billion; eliminating the Goals 2000 program; ideas into actions that help people,'' is a phi- the U.S. Dept. of Education would be cut by splitting the Safe & Drug-Free Schools funds losophy that has guided all of his work in the $300 million. California would lose approxi- in half; cutting Bilingual Education by 55 Senate, whether it was supporting civil rights mately $30 million in vocational education percent; reducing Vocational Education by E 1730 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 28 percent; and trimming Education Tech- Please don’t balance the federal budget on ture. We do not have the ability to replace nology by 55 percent. the backs of the neediest in our society—our the proposed cuts in federal funds and will It makes no sense to cut programs which school children. The focus should be on stim- have to take appropriate actions to balance impact all districts across this country in ulating their ideas and developing their our already fragile budget. positive dimensions. As an example, planned skills to lead the U.S. into the 21st century. These funds truly do make a difference in Title 1 funding reductions would eliminate Along with the expert guidance of their Montebello Unified School District. Title I related activities by 1⁄5 or one day out of five teachers, we can all be winners in the con- dollars help our truly disadvantaged stu- in our nation’s schools. All Title 1 students tinuing struggle for quality education. dents. Our ‘‘richest’’ school has a 45% prop- and parents would have lessened Math and Sincerely yours, erty rate—our poorest are located in one of Reading activities because of the Commit- TERRY J. LARSEN, the poorest cities in the nation. These stu- tee’s decision to reduce educational funding. Coordinator, Special Projects K-12. dents now have access to counseling, tutor- What will be some resultants of the Com- ing, and computers which reinforce their mittee’s actions: reduced direct teaching GARVEY SCHOOL DISTRICT, reading, writing and math skills. We have an time, especially Math and Reading, for stu- Rosemead, CA, July 31, 1995. almost 50% limited-English speaking popu- dents who need it the most; lessened assist- Hon. MATTHEW G. MARTINEZ, lation in our district. In one city, students ance for students, parents, and teachers in U.S. House of Representatives, Washington, DC. would never have to speak English if it were the arena of drug prevention education; a DEAR CONGRESSMAN MARTINEZ: The Garvey not for the schools. Cutting bilingual dollars significant increase in lessons taught in a School District, as you know, is an elemen- will not help us in our quest to help them be- students non-understanding language which tary school district serving 7,200 students at- come fully proficient in the English lan- will cause students to fall further behind in tending kindergarten through grade 8. Of guage. Our students are also under constant attaining their education; an increase stu- this number of students, 3,300 are limited pressure to join gangs and use drugs. Drug dent drug use because of lack of knowledge english proficient and 2,400 are non-english usage has once again become a nationwide and appropriate decision making; expended proficient. Twenty-four foreign languages epidemic and our students are also affected. school violence and confrontation; greater are spoken by our student population. This is not the time to decrease half of our numbers of parents who are distraught over The space in this letter is not enough to funding—we should be increasing it! their child’s performance and lack of re- describe the numerous other challenges that Finally, I would like to point out that the sources because of educational cutbacks; a we face as we endeavor to respond to the major corporate employers and politicians drop in the opportunity for students, par- fast-changing and sometimes difficult stu- have all said that our students are not ready ents, and teachers to partake in technology dent population service. to be employed when they leave school. One based programs; and less prepared students It is disheartening to learn of the proposal proven way to assist those students who to work in vocational fields among other by House Republicans to cut $36 billion from have chosen not to go on to higher education resultants. current education and training investments, is through vocational education funding. California already suffers from one of the which would mean a cut of $4.3 billion for Major programs are being developed to assist highest teacher to student ratios in the California school districts, including ours. the school-to-work initiative Cutting back United States. The actions of Congress to We believe that federal financial assistance California 30% in vocational education fund- eliminate Title 1 will force districts across program funding alone will not solve our ing will only set us back in our effort to as- the state and country to layoff teaching as- educational challenges. However, federal sist those students seeking a viable career sistants who provide a worthwhile service to funds constitute a significant and critical after they graduate. My fear is we will see students. Greater student to teacher ratios part of our total budget of $36 million. more dropouts instead of the steadily de- would be anticipated. California school districts have had lim- creasing dropout rate we currently have in I ask you, where is the leadership to pro- ited options for increasing their local reve- vide schools with the basics so that they can our district. nues. The reduction in federal funding for We sincerely appreciate all your effort to provide a decent education to children? If programs such as Head Start, Title 1, Goals you think that schools are not performing help not only the students in our District, or 2000 and Safe and Drug-Free Schools pro- in the State of California, but to continue to well currently, there will be an even greater posed by House Republicans would have a backlash. fight for all our children throughout the devastating impact on our local school chil- I am in favor of budget cutbacks. However, country. America will not continue to be the dren over the long haul. At the time when I would suggest that the Congress look to great county it is if it continues to ignore numerous other programs like agricultural California continues to lag in revenue levels the educational needs of its children. subsidies and non-significant funded compared to that of other states, we as a dis- Very truly yours, projects. At the same time Congress could trict, are in no position to absorb the kind of BARBARA L. CHAVIRA, vote to reduce spending by a given percent- funding cuts that are sure to be inflicted by Vice-President. age, yet legislate that departments deter- the Republican proposal. As a school district administrator belong- mination the reduction. LOS ANGELES UNIFIED SCHOOL DISTRICT, Education is the foundation of our country ing to the every-increasing group of people Los Angeles, CA, August 1, 1995. from which all industry and decision making who are being asked to do more with less, I Hon. MATTHEW MARTINEZ, flows. The educational system is what makes strongly urge you to oppose these cuts as U.S. House of Representatives, our country great so I ask you not to par- they are harmful to children, to California Washington, DC. take in dismantling our country’s backbone. and to the country. DEAR REPRESENTATIVE MARTINEZ: The staff Please demonstrate to the country and the Sincerely, of the Los Angeles Unified School District is State of California the need for maintaining ROLLAND M. BOCETA, opposed to the current Labor/HHS/Education funding for education from the federal gov- Director, Business Services. appropriations bill. This legislation would ernment. enact billions of dollars in education spend- Sincerely, MONTEBELLO UNIFIED SCHOOL DISTRICT, ing reductions with a potential of great PETER J. KNAPIK. Montebello, CA, August 1, 1995. harm to the children who are most in need of Hon. MATTHEW G. MARTINEZ, educational services. ALHAMBRA SCHOOL DISTRICT, U.S. House of Representatives, Rayburn Build- Federal involvement in public education at Alhambra, CA, July 28, 1995. ing, Washington, DC. the local level is an integral part of the pub- Hon. MATTHEW MARTINEZ, Dear CONGRESSMAN MARTINEZ: Thank you lic school system. It has provided much- U.S. House of Representatives, Rayburn Build- for your continued support of public edu- needed programs for the disadvantaged stu- ing, Washington, DC. cation. It is sad to see that many of your fel- dent population. To change the commitment DEAR CONGRESSMAN MARTINEZ: Educators low representatives do not value educational of our federal government to the nation’s and Administrators in the Alhambra, Cali- excellence for our country’s children the way neediest children is to cripple an already fornia School District regard the recent vote you do. If we are going to ask our students stressed system. Our cities and their chil- of the House Subcommittee on Labor/Health to be competitive with the students in other dren do not deserve to be hurt in such a man- & Human Services/Education Appropriations countries. We cannot cut another edu- ner. to drastically reduce funding for Title I serv- cational dollar! The federal investment in Proposed cuts to Title 1, which improves ices and to eliminate the Goals 2000 program education is already only 2-3% of the federal basic skills for disadvantaged children; Safe as a direct assault on the school children of tax dollar, yet it has been cut an alarming and Drug-Free Schools programs that work California. 18% while other discretionary programs have to keep violence and drugs away from At a time when the State of California in only been reduced on their growth slowed by schools; job training programs for low-in- general and Los Angeles County in particu- 2-5%. come and dislocated workers; and summer lar are facing severe budget problems, now, Leaving it to the states to make up the dif- jobs programs for youth who most des- more than ever, school districts need federal ference is ignoring the fact that California perately need hope and a way to be trained support for special needs children and need has been forced to severely cut back its edu- in work skills, as well as the elimination of money for projects to improve America’s cation dollars during our recent devastating the School Dropout Prevention program schools. In fact, this is the vital role envi- recession. We are only now beginning to re- from the federal agenda, are ill-conceived. sioned for the federal government as a part- build and it will take years to get back to at Cutting one of these valuable programs ner in educating the nation’s children. least the average national per pupil expendi- would be harmful; cutting all of these and September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1731 many other is dangerous. No state or local er spending priorities over which we differ. We Quentin has been in professional Scouting government can replace these federal funds ought to be able to allow the Government to for the past 38 years, during the last 21 of to prevent the damage the current appro- continue operating while we negotiate our dif- which he has served as the Scout executive in priations bill would cause. We strongly urge you to go on record as op- ferences over spending priorities. If not, Con- the Mount Diablo-Silverado Council of the posing the Labor/HHS/Education appropria- gressional salaries should be first on the BSA in my home region in the East Bay of tions bill. The role of the federal government budget chopping block. San Francisco. Under his stellar leadership, should not be to harm children by withdraw- I urge my colleagues to join me in cospon- the Mount Diablo-Silverado Council now ing established and effective support. soring this legislation to make Members feel serves as the facilitating organization for Sincerely, the pain that will be inflicted on others if the 18,000 Scouts every year. The Council En- RONALD PRESCOTT, Government shuts down. dowment Fund has been substantially en- Associate Superintendent. f larged under Quentin's careful stewardship, f and the new Scout Service Center will offer HOUSING SCHOLARSHIP quality Scouting services for decades to come. IF THE GOVERNMENT SHUTS DEDICATION IN FREMONT, CA Quentin and his gracious wife Nancy plan to DOWN, MEMBERS OF CONGRESS remain in our mutual hometown of Danville SHOULDN’T GET PAID HON. FORTNEY PETE STARK after Quentin leaves the Mount Diablo- OF CALIFORNIA Silverado Council and look forward to staying HON. RICHARD J. DURBIN IN THE HOUSE OF REPRESENTATIVES active in church and community affairs. While OF ILLINOIS Thursday, September 7, 1995 Scouting will miss Quentin's active participa- IN THE HOUSE OF REPRESENTATIVES Mr. STARK. Mr. Speaker, today, I would like tion, I look forward to benefiting from Quen- Thursday, September 7, 1995 to join my constituents in the celebration of the tin's sage counsel and deep concern for America's youth for years to come. It is an Mr. DURBIN. Mr. Speaker, if the Govern- completion of the modernization of the Cen- tury Village Apartments, a 100-unit apartment honor for me to applaud Quentin's splendid ment closes, so should its pocketbook. Today, service to our Nation's young people, and to I am introducing legislation to cut off the pay- complex in the city of Fremont. This complex was recently acquired and extend my best wishes to him, Nancy, and checks of Members of Congress if the Federal their loved ones for all the days ahead. Government shuts down because of budget renovated by the Mid-Peninsula Housing Coa- f gridlock. Senator BOXER of California is intro- lition, a nonprofit housing developer, with fi- nancing assistance provided by the city of Fre- ducing identical legislation in the Senate. MEDICARE CUTS Under Federal law, the House and the Sen- mont and its redevelopment agency. Ten apartments at the Century Village are ate must pass all appropriations bills by Octo- HON. PATRICIA SCHROEDER ber 1. If all the bills are not approved and a reserved for participants in the Housing Schol- OF COLORADO stop-gap measure is not enacted, the Federal arship Program, which combines affordable Government will be unable to make payments housing, job training, child care, and other IN THE HOUSE OF REPRESENTATIVES or meet its obligations. Such a ``train wreck'' supportive services, to enable participants to Thursday, September 7, 1995 could result in a shutdown of certain Federal obtain full-time employment and achieve eco- nomic self-sufficiency. Through donated units Mrs. SCHROEDER. Mr. Speaker, over the operations. August recess, I went around my city of Den- Too many politicians on Capitol Hill are talk- and units required through financing agree- ments to be reserved for housing scholar- verÐfrom hospitals to neighborhoodsÐto talk ing about a ``train wreck'' as if we're dealing about the proposed Republican Medicare cuts with toy trains. A shutdown of the Federal ships, the program is helping people who are helping themselves during a critical period in and how it will affect people's lives and health. Government is a serious matter, and Members In Denver, we have many teaching hos- of Congress should take it seriously. their lives. To date, a total of 70 housing scholarships pitalsÐsome of the best health care facilities The bill I am introducing is simpleÐif we have been provided to families who are in job in the country. They are also a good health don't finish the job, we don't get paid. The bill training. Over 90 percent of the housing schol- care deal for the American public. has three simple provisions. arship recipients have successfully completed In teaching hospitals, doctors get their train- First, Members would not receive basic pay job training. Housing Scholarship Program ing, hospitals get qualified personnel, and the for any period in which there is a lapse in ap- graduates are developing new leadership skills public gets access to some of the best health propriations for any Federal agency or depart- and becoming valuable assets to the program care possible. ment as a result of a failure to enact a regular and the community. Graduates have testified Now teaching hospitals are going to take appropriations bill or continuing resolution. Republican Medicare cuts on the chin. Cuts in Second, Members would not receive basic before the city council about the need for addi- tional housing units. Graduates also serve as Medicare will force teaching hospitals to re- pay for any period in which the Federal Gov- duce the number of medical trainees they can ernment is unable to make payments or meet mentors for new job training participants. Therefore, Mr. Speaker, I come before you employÐmedical residents who regularly work obligations because the public debt limit has today celebrating with my constituents the 80 hours a week, doctors trained with the been reached. success of the Housing Scholarship Program most up-to-date technology and curricula. Third, no pay forfeited under this measure and the completion of the Century Village In my district, St. Joseph Hospital employs could be paid retroactively. Apartments. I hope all my colleagues will join 100 residents. Cuts in Medicare will reduce A Government shutdown is not child's play. in congratulating the city of Fremont and the the reimbursement St. Joseph's gets to em- If a ``train wreck'' occurs, it will disrupt the Mid-Peninsula Housing Coalition for their con- ploy medical residents, an annual loss of $1.4 lives of millions of Americans. tribution to their community. million that the hospital will have to make up Even if so-called essential services are con- from somewhere else in the budget. f tinued, many people will be affected by the Under the Republican Medicare cut scenario shutdown of Federal offices. Let me give a TRIBUTE TO QUENTIN ALEXANDER everyone loses: the doctors, the hospitals, and few examples. most of all, the public. The small business owner looking for a Fed- HON. BILL BAKER f erally-assisted loan or technical assistance OF CALIFORNIA may be told to put his business plans on hold 80TH ANNIVERSARY OF THE NA- IN THE HOUSE OF REPRESENTATIVES until the shutdown ends. TIONAL POLISH ALLIANCE The senior citizen trying to apply for Social Thursday, September 7, 1995 GROUP NO. 1837 Security benefits may have to delay her retire- Mr. BAKER of California. Mr. Speaker, we ment because her application can't be proc- are all aware of the outstanding work the Boy HON. JERRY WELLER essed. Scouts of America [BSA] does in training fu- OF ILLINOIS The farmer looking for advice from the Soil ture generations of leaders for our country, IN THE HOUSE OF REPRESENTATIVES Conservation Service may find the office and I can testify personally to the benefits of closed and no one answering the telephones. Scouting in my own life. That's why it is a par- Thursday, September 7, 1995 These disruptions are not necessary. It's our ticular pleasure for me to recognize my friend Mr. WELLER. Mr. Speaker, today I would responsibility to avoid a ``train wreck'' while Quentin Alexander today in the CONGRES- like to honor the 80th anniversary of the Polish Congress and the President debate the broad- SIONAL RECORD. National Alliance Group No. 1837. Formed on E 1732 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 August 22, 1915, the group had 13 original dismal situation. The lives of peacekeepers week of August 21. We owe a special debt to charter members. The first was President could have been saved, civilian suffering could these courageous firefighters for their out- Theodore Babicki and Vice President Thomas have been lessened, United Nations credibility standing efforts in safeguarding the lives and Kien. could have been salvaged. Three and a half properties of these East End communities. Originally, the group was all male. However, years is far too long a period of time for such Volunteer firefighters from many commu- on September 1, 1942, 35 woman joined the atrocities to go unpunished. Unfortunately, 37 nities answered the call to duty. For the most PNA and has flourished to its current member- more lives needed to be sacrificed before ap- part, they came from Suffolk and Nassau ship of 70. propriate steps were taken against the Counties on Long Island to battle enormous The Polish National Alliance assists reli- Bosnian Serbs. But, we must not dwell on the windswept brush fires that affected approxi- gious, charitable, and military organizations, past, instead we must look forward to the fu- mately 3,000 woodland acres in Rocky Point and the shut-in and ailing. The local PNA has ture and hope that the United Nations and and 6,000 acres in Westhampton. What is contributed to many worthwhile organizations: NATO continue not to allow Serb attacks on truly amazing is the fires, although devastating Morris Hospital, the Paderewski Foundation in noncombatants in designated safe areas to go to eastern Long Island's precious pine Pennsylvania, the National Vietnam War Me- unchecked. I must urge the administration to barrens, were contained and controlled without morial in Washington, DC, local Special Olym- continue in the direction that it has taken, and loss of life. pics. again reiterate the need to lift the arms embar- After fighting a swift-moving brush fire in Clearly, the dedication and sincere efforts go against Bosnia and Herzegovina. Diplo- Rocky Point, Long Island's firefighters, with lit- by the local PNA has benefited Grundy Coun- matic success depends on the credible use of tle rest, once again became the first line of de- ty and other worthwhile projects. The cause force. fense and confronted the searing blaze raging and hard work by the PNA is appreciated by f in Westhampton. They demonstrated that they all who have been touched by their kindness. can always be counted on to respond quickly Congratulations PNA and best wishes for TECHNICAL CORRECTION TO H.R. in emergency situations, even if it means put- many years to come. 1213 ting their lives in jeopardy. f Long Island's volunteers risked their lives HON. FORTNEY PETE STARK under extreme conditions and carried out their TRIBUTE TO THE U.S.S. ‘‘SANTA firefighting duties with honor and distinction. BARBARA’’ OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES While the fires did not directly touch my west- ern Suffolk County congressional districtÐ HON. ANDREA H. SEASTRAND Thursday, September 7, 1995 New York's 2d DistrictÐvolunteers from every OF CALIFORNIA Mr. STARK. Mr. Speaker, I am today intro- fire department in my district responded to the IN THE HOUSE OF REPRESENTATIVES ducing an updated version of H.R. 1213, with need. They are true professionals who never waver in answering the call to protect Long Is- Thursday, September 7, 1995 a prospective effective date. The bill relates to real property sales of S land's communities from harm. Their dedica- Mrs. SEASTRAND. Mr. Chairman, I rise corporations. It is my understanding that if the tion to duty is an outstanding reflection of the today to pay tribute to a U.S. Navy vessel that legislation has a prospective effective date, communities they serve. is celebrating its 25th year of distinguished Treasury will have no objection to the pro- While Long Island's brave volunteer fire- service. Like the beautiful city in the district I posal. fighters can never be repaid for their devotion represent, the AE28-class ship proudly bares f to duty, we can and should acknowledge their the name of the third century martyr Santa commitment by our continued support of their BarbaraÐthe protector against lightning, thun- A PROCLAMATION HONORING firefighting efforts. They performed well above der, and flame. Since being commissioned in DAVID LEE ELLIOT and beyond the call of duty. 1970 the U.S.S. Santa Barbara has earned a Mr. Speaker, I am proud of Long Island's reputation as the Atlantic Fleet's finest, fast-at- HON. ROBERT W. NEY firefighters and especially proud of those from tack AE. The distinctions and honors be- OF OHIO New York's 2d Congressional District. I hope stowed upon her include three Battle Effi- my colleagues will join me in applauding each IN THE HOUSE OF REPRESENTATIVES ciency ``E'' Awards won in 1979, 1989, and and every one of them for carrying out their 1993. Other honors she has received include Thursday, September 7, 1995 work with unflinching resolve. Their sacrifices the Golden Anchor Award, the Maritime War- Mr. NEY. Mr. Speaker, I commend the fol- have earned them our deepest gratitude. fare Excellence Award, the Engineering/Sur- lowing article to my colleagues: f vivability Award, the Logistics Management Whereas, Mr. David Lee Elliot of Zanes- Excellence Award, and the Meritorious Unit ville, Ohio sacrificed his life on Sunday, July IN REMEMBRANCE OF DONALD Commendation for her performance during her 23, 1995; and, CRESSMAN—U.S. VETERAN 1992±93 Mediterranean deployment. Whereas, Mr. David Lee Elliot attempted During its commissioning ceremony, then to make his neighborhood a better place to HON. MICHAEL BILIRAKIS live by protecting his property; and, Santa Barbara Mayor Gerald Firestone offered OF FLORIDA Whereas, Mr. David Lee Elliot was an out- the U.S.S. Santa Barbara a safe port and IN THE HOUSE OF REPRESENTATIVES hearty welcome if the ship would ever visit the standing and law abiding citizen of Zanes- ville, Ohio; and, Thursday, September 7, 1995 west coast. On behalf of the people of the 22d Whereas, Zanesville, Ohio is a better place Congressional District, I would like to say that to live because of the courageous action that Mr. BILIRAKIS. Mr. Speaker, on September 25 years later that the welcome would be Mr. David Lee Elliot undertook; and, 4, 1995, in gatherings throughout our Nation, heartier than ever and the port safe as always. Whereas, the residents of Zanesville and Americans paused to commemorate the 50th f the surrounding areas of Ohio will greatly anniversary of the end of World War II. Sadly, miss such an exceptional person. September 4, 1995, also marked the passing COMMENDING NATO FOR RETALIA- f of a veteran of that warÐan American patriot TION AGAINST BOSNIAN SERB who loved his family, his country, and his AGGRESSION LONG ISLAND FIREFIGHTERS community. It is that man, a good friend, Don- DESERVE OUR GRATITUDE ald Cressman, for whom I rise today to pay HON. GEORGE P. RADANOVICH tribute. OF CALIFORNIA HON. RICK LAZIO Last year I had the privilege of honoring IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Don for 50 years of membership in the Amer- IN THE HOUSE OF REPRESENTATIVES ican LegionÐhe had joined in 1944. Don's Thursday, September 7, 1995 story, like that of so many of our fellow veter- Mr. RADANOVICH. Mr. Speaker, I would Thursday, September 7, 1995 ans, is the story of America's greatness. One like to commend NATO for finally exhibiting re- Mr. LAZIO of New York. Mr. Speaker, I rise of nine children, Don was raised by his grand- solve by retaliating against Bosnian Serb ag- to salute Long Island's brave men and women father on a farm at the foot of the Pennsylva- gression. I cannot help but wonder if such ac- volunteer firefighters for risking their lives to nia Poconos. From his grandfather he learned tions against the Serbs early in the conflict battle and extinguish two raging brush fires in lessons of discipline and perseverance that would not have significantly altered the current Rocky Point and Westhampton, NY during the would help him overcome great hardships September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1733 throughout his life. Most important, he learned Connecticut that has not been assisted by furthermore, in 1992, corporations contrib- to walk despite having contracted polio at 5 Simon Konover. uted only 6 percent of the total amount of years of age. In fact, he walked well enough It is particularly fitting that Simon will receive charitable giving in the United States. The this award at the Holocaust Museum, since he increases in the demand for social services to pass his entrance physical into the U.S. continue to be out of proportion to the Army and into combat duty. Following the war, has worked tirelessly for its creation. In doing money available to nonprofit organizations. he had to learn how to walk again because of so, he has given us a precious gift±the gift of Nonprofit organizations are unlikely to be a war injury which had put him in a body cast. memory. In this 50th anniversary year of the able to compensate for the current reduc- Don also learned to work hard, whether it liberation of Europe, I am proud to join with Si- tions in federal funds. was as a member of the Civilian Conservation mon's wife, Doris, his children, Jane, Michael, Over the past 18 years, the largest percent- Corps, which he joined at 17, or working on and Steven, and his hundreds of friends and age of cuts in the federal budget has been in the hot beds of Bethlehem Steel, or going to admirers to pledge that we will never forget. the discretionary grants to states and local governments, but the increase in the demand night school on the GI bill following his tour of f for social services still compels the nonprofit duty, or working as a realtor throughout his re- SOCIAL SERVICES NEED sector to respond. Likewise, the projected tirement years. cuts in revenue for nonprofit organizations is He had also learned to give. Each thinking GOVERNMENT HELP disproportionate to the amount of the fed- person comes to a point in life when they real- eral budget it consumes. Ironically, this re- ize they owe a debt of gratitude to a nation HON. WILLIAM (BILL) CLAY trenchment of federal dollars comes when that's provided them with the freedom and op- OF MISSOURI the private sector is downsizing through lay- portunity to succeed. But, since those free- IN THE HOUSE OF REPRESENTATIVES offs, mergers, reorganizations and transfer of doms were secured by our veterans, haven't work to other countries. If the United States Thursday, September 7, 1995 has a recession because of high interest they already done more than their share? So Mr. CLAY. Mr. Speaker, some of our col- rates, it will cause further demands for serv- often, however, it is our veterans who continue leagues are promoting the privatization of so- ices by nonprofit organizations. to give generously of their lives to build and Nonprofit organizations have been increas- cial programs as a way to reduce the deficit. strengthen their community. Don was such a ing fees, donations, user fees and fund-rais- They contend that nonprofit organizations like man. ing. But those alternatives don’t replace fed- He was a founding member of the Dunedin churches have the millions of dollars nec- eral dollars; they have traditionally been ef- American Legion in 1958 and served many essary to provide education, housing, and fective only in supplementing a declining base from the federal government. The pri- years as a service officer. He was also an ac- health care services, to name a few. I would like to share with those members a com- vate sector has become more involved, but it tive member of the Dunedin VFW and the is naive to think that the corporate sector is DAV. He was a charter member of the Dun- mentary that thoroughly discusses the infeasi- bility of their proposition. Entitled ``Social Serv- going to continue to increase giving at levels edin Elks; served as the first president of the needed to fill the gap caused by government Knights of Columbus; was a past president of ices Need Government Help'', the article was retrenchment. the Dunedin Board of Realtors and of the written by Mr. Pierre Blaine, a St. Louis tele- Corporate social responsibility depends on Dunedin Chamber of Commerce. Even in his vision producer, and appeared in the August the health of the economy as a whole. The 25, 1995 edition of the St. Louis Post-Dis- business of business is business, and the con- church, Don was a pioneer and active mem- tinued evolution of corporate involvement is ber. patch. SOCIAL SERVICES NEED GOVERNMENT HELP tied to the ability to make a profit over long So, today we salute a man who spent his periods. The lack of resources to respond to (By Pierre Blaine) lifetime overcoming the odds; of working hard increased demand leads to doubt about and contributing to the betterment of his fellow As the legislation steeming from the GOP’s whether private organizations can continue man. To Betty, his beloved wife of over 49 Contract With America cuts the federal gov- to provide adequate services. Private giving ernment’s ability to provide social services, years, and to his son, John, of whom he was is projected to have to increase by 95 percent let us remember that the strength of the between now and 2002 to fill the gap of fed- immensely proud, Don leaves a rich legacy U.S. economy is in its mixed-economy fea- and a name associated with honor. eral partnership with nonprofit organiza- tures—a private market system with social tions. Voluntary associations are a unique We will miss you, Don. welfare components. Traditionally, govern- phenomenon in American culture that have f ment has been a major partner with non- had a long affiliation with government in profit organizations in delivering social serv- providing social services. SIMON KONOVER RECEIVES THE ices to Americans. The private sector cannot Nonprofit organizations provide services NEW LIFE AWARD pick up the slack of government retrench- including health care, food pantries, social ment in many social areas. welfare, housing, economic development and The government developed partnerships education. The services they provide are not HON. BARBARA B. KENNELLY with nonprofit organizations to help it carry a statistical aberration; they represent help OF CONNECTICUT out welfare-state functions and deliver social to real faces. Can we afford a contract with IN THE HOUSE OF REPRESENTATIVES welfare services. In fact, the government has America without them? been the major source of nonprofit-independ- f Thursday, September 7, 1995 ent sector funding. The evolution of vol- Mrs. KENNELLY. Mr. Speaker, I rise today untary associations has enabled the federal GUARDCARE: A TRAINING to pay tribute to the remarkable life of a re- government to use nonprofit organizations PROGRAM ON TARGET markable man, my constituent, Simon to decentralize the carrying out of public Konover. He will be honored on September 8 functions for the common good. The govern- ment has already begun giving subsidies di- HON. PATRICIA SCHROEDER with a ceremony at the Holocaust Museum rectly to nonprofit organizations to provide OF COLORADO and the presentation of the New Life Award. services. IN THE HOUSE OF REPRESENTATIVES Simon Konover is a survivor of the labor All the talk about vouchers to be given di- camps of World War II and the battle of Stalin- rectly to consumers for them to purchase Thursday, September 7, 1995 grad. Yet after enduring the worst that human- goods and services directly is a result of Mrs. SCHROEDER. Mr. Speaker, one of the ity can do, he came to the United States and budget-deficit planning. The budget deficit smartest uses of Federal resources is the Col- created a new lifeÐone dedicated to the best has already cut the funding available to non- orado National Guard's free clinic for Denver's that humanity can do. His service to Connecti- profit organizations. Reduced support from the federal government has already pushed medically underserved. The clinic, a National cut's Jewish community and to the city of nonprofit organizations into the commercial Guard GuardCare program, was set up in the Hartford are all but legendary. Simon Konover market for income. baseball stadium and served 640 people in has served as chairman of the Jewish Federa- The movement toward privatizing some the first 4 days. tion of Greater Hartford, the Greater Hartford government services began during the presi- GuardCare is a civil-military program de- Israel Bond Campaign, and the Connecticut dencies of Ronald Reagan and George Bush. signed to provide military training while bene- Society for Yad Vashem. He is an Honorary This philosophy advocated the use of vouch- fiting the local community. In Denver, 1,633 Life Member of the Greater Hartford Jewish ers to compel users to seek alternative pri- people who otherwise would not have access vate-sector markets to traditional govern- Community Center and the Hebrew Home and ment help. But even Reagan’s commission, to medical treatment benefited. Across the Hospital, and also serves on the boards of the President’s Task Force on Private Sector State it will serve 5,000 people in need of Mount Sinai Hospital, Hartford Hospital, and Initiatives, concluded in 1981 that it would care. The program involved the whole commu- the Institute for Living. There is probably not a be impossible for the private sector to pick nity. With the help of U.S. West, it incor- civic organization in Hartford or in the State of up the slack in government retrenchment. porated high tech telemedicine techniques that E 1734 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 enabled the National Guard field hospital to illness. My husband and I both have had can- tunity in the deepening fissures of Rabin’s talk to Denver General Hospital via television cer and we know what a financial strain a se- popularity resulting from each of the atroc- monitor. Denver General provided needed rious illness can cause with health insurance ities. All the while, some suggest the region coverage and we can’t imagine how we could is on the threshold of a lasting peace; that medical information. those enemies whose every breath was once The National Guard provided the personnel, handle such a situation without any protec- tion. We also realize that we cannot qualify dedicated to the destruction of the state of the tents, and the medical equipment. For the for another plan even though it has been Israel are now her ‘‘partners in peace.’’ But National Guard it was an ideal training oppor- over six years since either of us have been I ask myself, why then is this happening? tunity in field medicine that allowed them to hospitalized. Do we pay the increased pre- In a hardworking, seven-day visit to Israel treat the needy in their own community rather miums until we deplete all our financial re- characterized by back-to-back meetings that than the needy in a foreign country. It is a win- sources or do we save the premiums and try ran from the early morning through working win situation for all. to self-insured knowing we could not pos- lunches to well past midnight, we, members Unfortunately, this will be the last year for sibly save enough for a possible needed heart of Congress and our guests, came to under- or liver transplant. There is not a simple an- stand the difficulties Israel faces in this war- the National Guard's clinic in downtown Den- prone region and to learn firsthand more ver, and in cities in the other 15 States that swer. My husband who is age 55 and I, age 54, are about her history and gain unique insights have implemented GuardCare programs. Be- both self-employed. I am an insurance agent into the dynamics of her politics, economy cause the National Security Committee, in and my husband is a commercial shrimper. and daily life. their zeal to fund unneeded weapons systems, My husband is a veteran of the Vietnam war It serves this nation’s interest to continue zeroed out the budget for these useful and with 8 years service to our country. We have to support $3 billion in aid to Israel for secu- economically efficient National Guard training always worked, paid our taxes, and tried to rity and economic development. Six hundred opportunities in the authorization bill. The goal be responsible Americans. We have always thousand immigrants, largely Russian Jews, tried to protect our family with insurance have arrived in Israel since 1990. The United of GuardCare was to accomplish mission-es- States has provided $80 million for refugee sential readiness while rebuilding America. coverage and have never asked for a free handout from our government. It is not fair settlement and $10 million in loan guaran- Which part of this goal does the committee at this time in our life to be faced with such tees for housing. Five million dollars for a find so unworthy of funding? I'll bet it is not a dilemma from no fault of our own. joint U.S.-Israel scientific technology com- the readiness part. As a representative of our country, I plead mission will further both nations’ research f with you to take note of the health care endeavors. Finally, efforts to provide a last- problem and act on what is happening. We ing peace in the Middle East have been bol- HEALTH INSURANCE HORROR cannot keep on much longer the way things stered by forgiving $275 million in debt owed STORY FROM TEXAS are now. If something is not done soon, only by Jordan and $100 million as the U.S. share the rich and the poor (those on disability or of multilateral economic assistance for the very low income supplemented by our gov- Palestinians. HON. FORTNEY PETE STARK ernment) will be able to receive medical I’m proud of this nation’s support for Is- OF CALIFORNIA care. What will happen to the middle class rael. Remembering the tragedy that oc- IN THE HOUSE OF REPRESENTATIVES worker that has no company benefits? curred in Oklahoma City is convincing evi- Thursday, September 7, 1995 Respectfully, dence that, while the Cold War period in FRANCES R. CARAWAN, which we knew our enemies is over, the Mr. STARK. Mr. Speaker, over the years, Aransas Pass, TX. world faces a far greater threat from illogi- I've entered a number of letters from fellow cal, fanatical terrorist groups. Many have citizens detailing the outrageous failures of our f their origins in the Middle East and the current health insurance system. EXPERIENCES AND IMPRESSIONS world has no better expert in dealing with terrorism than Israel. Our nation’s invest- I'd like to share with you a letter from the OF ISRAEL Carawan's of Aransas Pass, TX, which details ment there is a good one. For me, this was a return visit to Ameri- the crushing increase in health insurance pre- ca’s greatest ally in one of the world’s most miums for a family which has had health prob- HON. MICHAEL P. FORBES OF NEW YORK troubled regions and an opportunity to see lems but which has incurred little health ex- what changes had taken place in the nine IN THE HOUSE OF REPRESENTATIVES pense in the last few years. Clearly, their in- years since I was last there. My ties to Zion- surance company wants to force them into Thursday, September 7, 1995 ism were nurtured in a visit to Israel in 1986 giving up their policyÐbut with no protection Mr. FORBES. Mr. Speaker, I was privileged after uncovering a long forgotten family fact against pre-existing condition exclusions, the that my great-grandfather, Rabbi Max to join other Members of the House of Rep- Moses, had emigrated to the United States in Carawan's have no where to turn. resentatives on a tour of Israel during the Au- Their family policy started 8 years ago at the last 19th century from Esslingen, Ger- gust recess. Attached is an account of my ex- many and is today buried in a New Orleans $3,096 a year with a deductible of $2,000. It periences and impressions of Israel while visit- Jewish cemetery. is now $3,645.90 a quarter with a $3,000 de- ing the country. On August 15, in a trip paid for with pri- ductible. [From the Jewish World, Sept. 1–7, 1995] vate funds, a delegation that included me, Mr. Speaker, I regret we did not pass H.R. my friend from Long Island Congressman CAN ISRAEL ACHIEVE STABLE PEACE AMONG 3600 last year. It would have required the kind Dan Frisa; fellow New Yorkers Congressman ENEMIES?—FACT-FINDING TRIP UNCOVERS Bill Paxon and his wife, Congresswoman of open enrollment, no-pre-existing condition, SOME ANSWERS Susan Molinari; House Republican Whip, community-rated policies which would save (By Michael P. Forbes) the Carawan's and millions of other Americans Congressman Tom DeLay of Texas, and 10 News of the suicide bombing on a Jerusa- other congressional colleagues and guests de- from being priced-out of the insurance market. lem city bus came over the radio early Mon- parted for an exciting, information-packed Following is their moving letter on why we so day morning. Fifteen members of the United week of taking in and land and its people. desperately need health insurance reform: States Congress, including myself, and our Starting at Mt. Scopus with a tour of the DEAR CONGRESSMAN: Today we received no- guests, were traveling at the time from Kib- 3,000-year-old capital city of Jerusalem and a tice that our health insurance was going to butz Nof Ginosser on the Sea of Galilee to meeting with Mayor Ehud Olmert, to the ad- be increased by 30% on July 1, 1995. In Janu- the Golan Heights up north. My heart broke ministered territories of Judea and Samaria ary, 1994, our quarterly premiums for my as I heard the updates: four people dead, 106 and a visit there to the settlement of husband and I for a $3,000.00 deductible were wounded; the culprit thought to be a woman Ma’aleh Adunim with its 200 families, our $1,770.00. The quarterly premium on July 1, suicide-bomber who carried a pipe bomb in sightseeing took us from the lowest point on 1995 for the same coverage will be $3,645.90 or her bag. American Joan Davenny, 47, of Con- earth (1,298 feet below sea level) at the Dead $14,583.60 a year. Eight years ago when we necticut, in Israel to visit her parents and Sea to the heights of Masada and Golan. purchased this plan for our family the pre- take up Jewish studies at Hebrew Univer- We explored below-ground excavations of miums were $258.00 quarterly or $3,096.00 a sity, was among the innocent killed. the two and a half miles of walls that encir- year. (Note the deductible at that time was Hamas, the Islamic fundamentalist terror- cle the Old City of Jerusalem and, on the eve $2,000 and has been increased not by our ist group, claimed responsibility on Damas- of the Sabbath stopped to pray at the West- choice to $3,000.00). I have spoken to my in- cus Radio and promised similar attacks ern Wall, site on an annual pilgrimage by surance carrier and they claim the large in- through the November 1996 Israeli elections. Jews to mourn the destruction of Herod’s crease is due to the high loss ratio in the Their goal is to force Prime Minister Temple Mount and their 2,000 years of exile. group we are in. Since January, 1994, my hus- Yitzhak Rabin out of office because, they At the Israel Museum, we took in the Dead band and I have paid in a total of $12,641.00 in say, he has declared war against Islam. A Sea Scrolls exhibit and later stopped by the premium and had a total of $584.10 in claims. growing number of Israelis blame Rabin and highly-touted Israel Arts and Science Acad- The stress from this impossible increase his peace endeavors for inspiring frequent at- emy, where innovation programs for gifted will surely increase our chances of recurring tacks and Hamas apparently sees oppor- and talented high school students are in September 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1735 their fifth year. Our travels took us to the mently opposes any agreement with the Pal- tance of land to Israel’s security are chal- holy sites of Bethlehem and Nazareth; to one estinians to surrender land that not only lenged. It’s tough for outsiders like us to of the earliest synagogues, dating from the possesses an historical legacy intertwined fathom a new way of looking at Israel’s de- fourth century at Capernaum and to the with Zionism but is of strategic military im- fense, even when respected leaders of the Church of the Beatitudes, both at the nearby portance. Specifically referring to the PLO Labor government shift their views and now Sea of Galilee. (now referred to as the Palestinian Author- say the best tactical approach is monitoring We made a detour to the port of Haifa and ity), Netanyahu questioned, ‘‘. . . how do we actions at the Jordan-Saudi border 400 miles out into the Mediterranean to visit Amer- achieve a stable peace among a sea of en- away. ican Navy personnel on the USS Roosevelt. emies? Our tour included a visit with Dr. Saeb Home ported at Norfolk, Virginia, this mag- He said distinctions must be made between Erekat, a highly-placed representative of the nificent aircraft carrier was commissioned in a ‘‘true peace’’ and a ‘‘false peace,’’ referenc- Palestinian Authority in Jericho and a nego- 1986, saw duty in Operation Desert Storm ing the late 1930s when for ‘‘peace in our tiator in Eilat for Arafat. I found Erekat to and today continues to be a stabilizing force time,’’ British Prime Minister Neville Cham- be more defensive than conciliatory when for peace in the Middle East. The nuclear- berlain agreed in the Munich Pact to trade questioned by our delegation. He was asked powered ship is home to some 80 aircraft and, land for peace. This left Czechoslovakia vul- about speeches attributed to Arafat in which for this Long Islander, it was with tremen- nerable and set the stage for the madman he called for a continued jihad. According to dous pride that I spotted Grumman-built Hitler to march through Europe in the worst Peace Watch, a newsletter monitoring the planes: the E–2C Hawkeyes (an early warning conflagration the modern world has ever peace process, in a January 1995 speech to all-weather defensive plane with a rotating known. Clearly, a poignant example of what Palestinian laborers Arafat was quoted as dome) and the supersonic F–14 Tomcat fight- turned out to be a ‘‘false peace.’’ Netanyahu saying, ‘‘all of us are willing to be martyrs er. It was wonderful to meet some New York- wondered whether the Arabs are genuinely along the way, until our flag flies over Jeru- ers while on the carrier and to experience interested in a lasting peace and, if so, are salem, the capital of Palestine. Let no one this tremendous asset to the greatest Navy there sufficient security conditions to hold a think they can scare us with weapons, for we in the world. peace? have mightier weapons—the weapons of In several dozen high level meetings with Syrian President Hafez el-Assad may pro- faith, the weapons of martyrdom, the weap- policymakers, we took the opportunity to fess interest in a peace agreement that in- ons of jihad.’’ get behind-the-scenes insights into a myriad cludes handing over the Golan Heights, but Erekat dismissed that and a series of simi- of issues that impact on Israel’s security, her it’s fair to question the wisdom of surrender- lar outrageous statements with a convoluted future, peace negotiations with the Palestin- ing northern Israel’s three highest hills that explanation that jihad actually has two ians, the Syrians and the status of her deal- directly overlook Syria and, according to meanings: one refers to ‘‘little jihad’’ as the ings with surrounding countries. As an ar- military commanders in the region, are a holy war the PLO leader long advocated that dent supporter of Israel and a member of the critical line of defense to protecting Israel in ends in the destruction of Israel; the other House Appropriations’ Foreign Operations the event of another war. Prior to Israel’s refers to ‘‘big jihad’’ as massive economic, subcommittee, I very much wanted assur- success in 1967’s Six-Day War, Syria occupied social and educational changes he wants to ances that Middle East policy decisions the area where it erected an impressive base bring to the Palestinian people. It is the lat- made by the United States were not only of operations. ter, said Erekat, to which Arafat referred. beneficial to my own country but also to the We saw several of those Syrian-built bunk- When Israel’s Labor party officials were best interests of our ally Israel. Over dinners er installations during our visit to the Golan queried on the issue, they gave a similar an- with such luminaries as Prime Minister Heights and from those locations, developed swer. Rabin, Foreign Minister Shimon Peres and a clear impression of the tremendous vulner- I attempted to get assurances from him U.S. Ambassador Martin Indyk, we were as- ability many Israeli communities must have that since they now have Gaza and Jericho sured Israel and her once-threatening neigh- experienced during the numerous times they and Rabin’s support (though no final agree- bors were moving like never before toward were under military attack with no fall back ment) in their bid to control Judea and Sa- an unprecedented peace. position. Today, we’re reminded of the re- maria, would those be enough concessions to Where Israel was once isolated, treated gion’s significance with word that Syrian get the Palestinians to drop their opposition like a pariah by its neighbors, today it has peace talks remain in limbo because they to a united Jerusalem within the state of Is- treaties with Egypt, Jordan and, if Prime refuse to reconsider a demand that Israel to- rael? He dismissed my question, saying that Minister Rabin and Chairman Arafat have tally withdraw from the Golan. any final decision must await the last stage their way, before too long will have a treaty The Samarian mountains above Jordan of negotiations set to begin in May 1996. in place with the Palestinians. Ambassador offer a similar line of defense that provides Congress will consider extending the Mid- Indyk is hopeful that the second phase of the security to a peace and most importantly, dle East Peace Facilities Act (MEPFA) later Oslo Accords will be signed in Washington deters war. We were told by Yossi Beilin, this month. It permits a waiver of U.S. laws soon. In making his pitch for Congress to Peres’ former deputy at the Foreign Min- prohibiting aid to terrorists and paid the keep from undermining the peace negotia- istry and now minister of Economy and De- Palestinians $100 million upon signing the tions maintaining the U.S. commitments to velopment, that there have been no terrorist peace agreement with Israel. Enough doubts Israel (something about which this group incidents or killings in the secured Golan surrounded the Palestinians’ willingness to didn’t need convincing) Indyk noted Israel is since taken by Israel in 1967. Ramona Bar comply with the Oslo Accords that Congress more than willing to bear the added costs of Lev, coordinator of the Golan Residents granted only short term extension of the act. putting an end to territorial hostilities. Committee that is opposed to annexation of What I’ve learned during this trip will weigh He cited as an example, an ‘‘Oslo II’’ provi- the area by Syria, reiterated that point. heavily as deliberations of NEPFA move sion that involves redeployment of Israeli Nonetheless, Netanyahu reminded us that, onto the House floor. military forces out of Judea and Samaria at since 1993, 170 lives have been lost to terror- The problem of water in this largely arid a cost of $300 million. While telling us of his ism, largely emanating from the Arab-domi- region has profound implications for Israel past advocacy of Jerusalem as the site of the nated hotbed of Gaza, and the toll continues and several attempts to understand the U.S. Embassy, a move I’ve been pushing in to rise. Rabin government’s position yielded few sub- Washington, Indyk now chastises the Con- In an age of very sophisticated technology, stantive answers. Israel is seriously depend- gress on the question saying it has ‘‘no busi- AWACs (airborne warning and control sys- ent on its seasonal rainfall and three critical ness’’ pre-empting negotiations with the Pal- tems), early warning systems, satellite feeders into the national water system: Isra- estinians. If other hopes are realized, a once photos and radar, Israel’s military com- el’s only fresh body of water, Lake Kincret impossible agreement with Syria might even manders were surprisingly candid in telling at the Golan, the coastal plain aquifer and a be in the offing. As Indyk put it, ‘‘. . . this us there is still no substitute for processing mountain aquifer. The coastal plain is sub- is the ‘new Israel’ . . . the state of siege has the highest mountaintops and observing the ject to salt and pollutants that reduce water been lifted.’’ movements of the enemy with one’s eyes. quality, shifting an additional burden to the If it is indeed a new day, as officials of the Airpower, missiles and selective strikes can Golan lake and mountain ridges of Judea and prime minister’s Labor party government re- cause tremendous damage and distract the Samaria for an adequate supply of water and peatedly suggested, then why are so many Is- enemy, but as we were reminded, the U.S. making it the most important long-term raelis unhappy with Rabin and his proposed liberated Kuawait and won the Gulf War source for the national water system. terms of a peace agreement? This fact-find- with its ground troops and ultimately it is The fate of Israel’s water supply would be ing trip was one way I would learn more. the ground troops that must move in and largely left to Arabs in the administered ter- In drawing distinctions between himself take an area. In Israel’s case, a longstanding ritories if tenets of the peace agreement with and Rabin, Binyamin ‘‘Bibi’’ Netanyahu, point was being sustained that her best de- the Palestinians are realized. I remain member of the Knesset and leader of the fense rests in keeping the strategically im- unsatisfied with explanations offered for Likud party, suggested he is for autonomy in portant mountains and hills. dealing with the dilemma, most notably that the administered territories of Judea and Sa- As possible terms of an Israel peace accord a triumvirate multination entity might gov- maria, not the creation of a Palestinian are floated about and the potential for that ern future administration of the region’s state, and characterized the Rabin position nation to shrink from 40–55 miles wide to a water. as advocating a Palestinian state there rath- narrow enclave of just 9–15 miles wide, con- In what can best be described as wonder- er than autonomy. The Likud leader vehe- ventional thought about the strategic impor- fully fun moments, we celebrated a Shabbat E 1736 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 1995 dinner and spent a beautiful, cool, starry tobacco advertising, marketing, and useÐ Congress declared that the act set up a ``com- night sailing on the Sea of Galilee in a rep- powers which Congress has steadfastly re- prehensive Federal program to deal with ciga- lica of ‘‘The Jesus Boat.’’ Newly-emigrated fused to grant to the Agency. rette labeling and advertising (15 U.S.C. Russian Jews entertained with their music I am very pleased to be joined in introducing as we danced the hora to the ‘‘Have 1331).'' This language suggests strongly that Nagilah.’’ this bill by Representatives BALLENGER, actions not plainly authorized by the act are I was especially moved also by a breakfast BAESLER, BOUCHER, COBLE, ROGERS, HEFNER, beyond the powers of the executive branch. It meeting we had with former Soviet dissident ROSE, SPRATT, SCOTT, BUNNING, FUNDERBURK, is difficult to understand how the FDA can pro- Natan Sharansky, whose struggle against a JONES, GORDON, CLEMENT, CLYBURN, TAYLOR ceed with new restrictions on tobacco adver- totalitarian regime put him in prison for of North Carolina, CHAMBLISS, and WARD. tising in light of this language. nine years. Sharansky’s only crime was his The purpose of this bill is not to thwart legiti- Even the FDA has acknowledged its inability practice of his religion and his growing com- mate efforts to curb youth smoking. Everyone mitment he had to Zionism. He became an to regulate tobacco. icon in the struggle of Jews to leave for Is- knows that minors should not smoke ciga- Unable to achieve victory in the halls of rael—to make aliyah—and an international rettes or dip snuff. Reducing youth smoking is Congress, tobacco's opponents are now rely- champion of human rights. He was sentenced a goal that is almost universally shared. All 50 ing on the administrative powers of the execu- to 400 days of isolation, in so-called punish- States have enacted laws to prohibit youth tive branch to assert this new and potentially ment cells, conditions that compelled him to smoking. And the tobacco industry itself has far-reaching authority over tobacco. Tobacco's go more than 200 days on hunger strike. It taken voluntary steps to eliminate the sale of was an honor for me to meet the hero opponents may celebrate the administration's tobacco to minors. On several occasions this action on tobacco right now, but they may rue Sharanksy who is now enjoying freedom as a year, I have actively encouraged the Clinton resident of Israel. the day when they allowed the executive My most profound and emotional moments administration to work with the industry in ex- branch to establish such a precedent. came during our visit to the Yad Vashem panding voluntary restrictions as an alternative Just imagine the outcry of tobacco's most Holocaust Museum, a permanent memorial to new and over-reaching regulations. vociferous opponents if another President at to the millions of Jews who, for the nature of I have never met a tobacco farmer or ware- another time tries to use executive powers to their beliefs, were persecuted, suffered and house employee who would want their chil- circumvent the expressed will of Congress on died at the hands of history’s greatest men- dren to smoke cigarettes. They want existing such matters as environmental safety, work- ace. Six million Jews died in all; 1.5 million laws enforced, and they want voluntary meas- place protection, and gender equity. They were children. My friend, Congressman Jon ures to be given the chance to work. Fox of Philadelphia, and I had the honor of would cry foul and they would have every right What they do not want is for the Federal placing a wreath at the Hall of Remem- to. brance. I will carry with me forever the vivid Food and Drug Administration [FDA] to use le- gitimate public concerns about teen smoking Beyond this important concern about the memory of the Children’s Memorial, where a FDA's legal jurisdiction to act, it is also clear soft but firm voice carefully read in Polish, as the pretext for asserting its enormous regu- German, English and Hebrew the names, latory jurisdiction over tobacco products. that the administration's proposal runs con- ages and birthplaces of all those children Mr. Speaker, this bill is simple and straight- trary to the whole focus of government right known to be among the 1.5 million killed by forward. It simply bars the FDA from proceed- now. Americans want less government, not the Nazis. ing with any regulations governing the sale or more. I find it ironic that as many agencies are Ours was an extraordinary fact-finding downsized and eliminated completely, the ad- mission. It has left an indelible impression marketing of tobacco products. Prohibiting the FDA from moving forward with these proposed ministration would seek to expand the scope on me to ensure a sustained American re- and mission of the Food and Drug Administra- solve that forever stands by Israel, our dear- regulations is not only consistent with existing est friend and closest ally in democracy and law, it will send an important message to tion in this manner. Tobacco is already one of freedom. From history’s triumphs and trage- every other agency that attempts to issue reg- the most heavily regulated products in the dies, we must learn so that mankind does ulations without express authority from the United States. Regulation begins at the plant not repeat the mistakes of the past. And, Congress. bed and runs well beyond the point of sale. most importantly, we must never, ever for- This controversy is not new. In the last Con- Finally, the FDA needs to re-order its prior- get. gress, and in the Congress before that, legis- ities and focus on those issues which Con- f lation was introduced in the House and Sen- gress has charged it with. We have all heard PROHIBIT THE FDA AND HHS ate to expand the FDA by creating a new reg- the reports of the FDA being unable to test FROM REGULATING THE SALE ulatory category for tobacco products. Those and approve life saving drugs in a timely man- OR USE OF TOBACCO PRODUCTS proposals were rejected. In fact, throughout ner. It is an agency that should get its own this century, tobacco's opponents have under- house in order rather than trying to take on stood that their best chance to ban tobacco is new projects in areas where it clearly lacks ju- HON. L.F. PAYNE risdiction. OF VIRGINIA to give unelected officials of the executive branch regulatory authority over this product. Mr. Speaker, I am proud to represent more IN THE HOUSE OF REPRESENTATIVES Time and again, such attempts have been re- than 5,000 tobacco growers. These hard-work- Thursday, September 7, 1995 jected. ing farmers and their families don't want chil- Mr. PAYNE of Virginia. Mr. Speaker, today When Congress has enacted legislation dren to smoke. All they want is for Washington I am introducing legislation to prohibit the dealing with tobacco, its delegation to the ex- to treat them fairly. Food and Drug Administration [FDA] or any ecutive branch has been narrow and very spe- The FDA's proposed rulemaking is not fair. agent of the Department of Health and Human cific. The FTC, for example, has carefully It contradicts the plain intent of Congress and Services from regulating the sale or use of to- drawn duties with respect to assuring that the is a thinly-veiled attempt to regulate and ulti- bacco products. The bill is in direct response Surgeon General's warning are placed on mately destroy domestic tobacco products. I to the proposed rule that the FDA announced cigarettes marketed domestically. urge my colleagues from both parties and last month. Under the Agency's proposal, the Furthermore, in enacting the Federal Ciga- from all regions of the country to join me in FDA would assume broad new powers over rette Labeling and Advertising Act of 1965, sponsoring this important bill. Thursday, September 7, 1995 Daily Digest

HIGHLIGHT House passed Defense appropriations bill. Senate paternal grandparents in cases in which both parents Chamber Action are minors. Pages S12810±11 Routine Proceedings, pages S12753–S12872 Moseley-Braun Amendment No. 2471 (to Amend- Measures Introduced: Four bills and two resolu- ment No. 2280), to require States to establish a tions were introduced, as follows: S. 1219–1222, S. voucher program for providing assistance to minor Res. 167, and S. Con. Res. 26. Page S12831 children in families that are eligible for but do not Measures Passed: receive assistance. Pages S12811±19 Moseley-Braun Amendment No. 2472 (to Amend- Congratulating Cal Ripken, Jr.: Senate agreed to ment No. 2280), to prohibit a State from imposing S. Res. 167, congratulating Cal Ripken, Jr. on the a time limit for assistance if the State has failed to occasion of his breaking the Major League Baseball provide work activity-related services to an adult in- record for the highest total number of consecutive dividual in a family receiving assistance under the games played. Pages S12754±56 State program. Page S12819 Family Self-Sufficiency Act: Senate continued con- Moseley-Braun Amendment No. 2473 (to Amend- sideration of H.R. 4, to restore the American family, ment No. 2280), to modify the job opportunities to reduce illegitimacy, control welfare spending and re- certain low-income individuals program. duce welfare dependence, with a committee amend- Pages S12819±20 ment in the nature of a substitute, taking action on Moseley-Braun Amendment No. 2474 (to Amend- amendments proposed thereto, as follows: ment No. 2280), to prohibit a State from reserving Pages S12757±96, S12802±30 grant funds for use in subsequent fiscal years if the Rejected: State has reduced the amount of assistance provided By 45 yeas to 54 nays (Vote No. 400), Daschle to families under the State program in the preceding Modified Amendment No. 2282 (to Amendment fiscal year. Pages S12820±23 No. 2280), in the nature of a substitute. Santorum Amendment No. 2477 (to Amendment Pages S12757, S12795±96 No. 2280), to eliminate certain welfare benefits with Pending: respect to fugitive felons and probation and parole Dole Modified Amendment No. 2280, of a per- violators, and to facilitate sharing of information fecting nature. Pages S12757, S12795±96, S12802±30 with law enforcement officers. Pages S12823±25 Brown Amendment No. 2465 (to Amendment Feinstein Amendment No. 2478 (to Amendment No. 2280), to provide that funds are expended in ac- No. 2280), to provide equal treatment for natural- cordance with State laws and procedures relating to ized and native-born citizens. Pages S12825±27 the expenditure of State revenues. Pages S12802±04 Feinstein Amendment No. 2479 (to Amendment Moynihan Amendment No. 2466 (to Amendment No. 2280), to provide for State and county dem- No. 2280), in the nature of a substitute. Page S12804 onstration programs. Pages S12827±29 Feinstein Modified Amendment No. 2469 (to Feingold Amendment No. 2480 (to Amendment Amendment No. 2280), to provide additional fund- No. 2280), to study the impact of amendments to ing to States to accommodate any growth in the the child and adult care food program on program number of people in poverty. Pages S12807±09 participation and family day care licensing. Feinstein Amendment No. 2470 (to Amendment Page S12829 No. 2280), to impose a child support obligation on

D 1047 D 1048 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 1995 Feingold Amendment No. 2481 (to Amendment TIBET No. 2280), to provide for a demonstration project Committee on Foreign Relations: Subcommittee on East for the elimination of take-one-take-all requirement. Asian and Pacific Affairs held hearings on the politi- Page S12829 cal and human rights situation in Tibet, receiving Boxer Amendment No. 2482 (to Amendment No. testimony from Kent M. Wiedemann, Deputy As- 2280), to provide that noncustodial parents who are sistant Secretary of State for East Asian and Pacific delinquent in paying child support are ineligible for Affairs; Gare Smith, Deputy Assistant Secretary of means-tested Federal benefits. Pages S12829±30 State Designate for Democracy, Human Rights and A unanimous-consent agreement was reached pro- Labor; Dinah PoKempner, Human Rights Watch/ viding for further consideration of the bill and cer- Asia, and Lodi Gyari, both of Washington, D.C.; tain amendments pending thereto, on Friday, Sep- Ron Schwartz, Maritime University of Newfound- tember 8, 1995. Pages S12818±19 land, St. John’s, Canada; Jeffrey Hopkins, University Messages From the House: Page S12831 of Virginia, Charlottesville; Gendun Rinchen, Statements on Introduced Bills: Pages S12831±41 Dharamsala, India; and Harrison Ford and Melissa Mathison, both of Jackson, Wyoming. Additional Cosponsors: Pages S12841±42 Hearings were recessed subject to call. Amendments Submitted: Pages S12842±70 BUSINESS MEETING Notices of Hearings: Page S12870 Committee on Governmental Affairs: Committee ordered Authority for Committees: Page S12870 favorably reported, with an amendment in the nature Additional Statements: Pages S12870±71 of a substitute, S. 929, to abolish the Department of Record Votes: One record vote was taken today. Commerce. (Total—400) Page S12796 AFFIRMATIVE ACTION Recess: Senate convened at 9:30 a.m., and recessed Committee on the Judiciary: Subcommittee on the Con- at 9:17 p.m., until 9:15 a.m., on Friday, September stitution, Federalism and Property Rights held hear- 8, 1995. (For Senate’s program, see the remarks of ings to examine the status and future of affirmative the Acting Majority Leader in today’s RECORD on action, receiving testimony from Linda Chavez, Cen- pages S12871–72.) ter for Equal Opportunity, Brian W. Jones, Center for New Black Leadership, Robert L. Woodson, Sr., Committee Meetings National Center for Neighborhood Enterprise, Marcia D. Greenberger, National Women’s Law (Committees not listed did not meet) Center, and Reginald Wilson, American Council on Education, all of Washington, D.C. APPROPRIATIONS—COMMERCE/JUSTICE/ Hearings were recessed subject to call. STATE/JUDICIARY Committee on Appropriations: Subcommittee on Com- RUBY RIDGE INCIDENT merce, Justice, State, and the Judiciary approved for Committee on the Judiciary: Subcommittee on Terror- full committee consideration, with amendments, ism, Technology, and Government Information con- H.R. 2076, making appropriations for the Depart- tinued hearings to examine certain Federal law en- ments of Commerce, Justice, State, and the judiciary, forcement actions with regard to the 1992 incident and related agencies for the fiscal year ending Sep- at Ruby Ridge, Idaho, receiving testimony from An- tember 30, 1996. drew Vita, Assistant Director of Enforcement, and Herb Byerly, Case Agent (Spokane, Washington), CHILDHOOD IMMUNIZATION both of the Bureau of Alcohol, Tobacco and Fire- Committee on Appropriations: Subcommittee on Labor, arms, Department of the Treasury. Health and Human Services, and Education con- Hearings continue tomorrow. cluded hearings to examine the status of national childhood immunization services, after receiving tes- NOMINATION timony from Walter A. Orenstein, Director, Na- Committee on Labor and Human Resources: Committee tional Immunization Program, Centers for Disease concluded hearings on the nomination of Harris Control and Prevention, Department of Health and Wofford, of Pennsylvania, to be Chief Executive Of- Human Services; Irwin Redlener, Children’s Health ficer of the Corporation for National and Commu- Fund, New York, New York; and James Richard, nity Service, after the nominee, who was introduced National Association of WIC Directors, Washington, by Senator Kennedy, testified and answered ques- D.C. tions in his own behalf. September 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1049 House of Representatives back to the House with the amendment, and the Chamber Action amendment was agreed to. Pages H8662±63 Bills Introduced: 14 public bills, H.R. 2274–2287; On a demand for a separate vote, rejected the and 2 resolutions, H. Res. 215–216 were introduced. Schroeder amendment that sought to provide for a Pages H8683±84 limitation on the use of Federal funds by contractors Reports Filed: Reports were filed as follows: for political advocacy (rejected by a recorded vote of H. Res. 215, providing for the consideration of 182 ayes to 238 noes, Roll No. 645). This amend- H.R. 1594, to place restrictions on the promotion by ment had been agreed to earlier in the Committee the Department of Labor and other Federal agencies of the Whole by voice vote. and instrumentalities of economically targeted in- Pages H8641±42, H8646±48, H8661±62 vestments in connection with employee benefit plans Agreed To: (H. Rept. 104–240); and The Dornan amendment that prohibits use of H. Res. 216, providing for the consideration of funds from being used to perform abortions in mili- H.R. 1655, to authorize appropriations for fiscal year tary medical facilities, except when the life of the 1996 for intelligence and intelligence-related activi- mother is in danger (agreed to by a recorded vote ties of the United States Government, the Commu- of 226 ayes to 191 noes, Roll No. 642); nity Management Account, and the Central Intel- Pages H8624±30 ligence Agency Retirement and Disability System The Burton of Indiana amendment that requires (H. Rept. 104–241). Pages H8664, H8683 that funds made available for Army procurement of Committees To Sit: The following committees and munitions must be expended in full compliance with their subcommittees received permission to sit today the Competition in Contracting Act; Page H8639 during proceedings of the House under the 5-minute The Young of Florida technical amendment; rule: Committees on Banking and Financial Services, Page H8640 Commerce, International Relations, the Judiciary, The Murtha amendment that prohibits use of National Security, Resources, Science, Small Busi- funds to implement any change to the computation ness, Transportation and Infrastructure, and Veter- of military retired pay as required by law in fiscal year 1995 for military personnel who entered the ans’ Affairs. Pages H8604±05 Service before September 1980; Page H8640 Line Item Veto: House insisted on its amendments The Sanders amendment that prohibits use of to S. 4, to grant the power to the President to re- funds to be obligated or expended to pay a contrac- duce budget authority; and agreed to a conference. tor for costs paid to an employee if such costs are Appointed as conferees: Representatives Clinger, Sol- for a bonus or in excess of the normal salary paid by omon, Bunning of Kentucky, Goss, Blute, Collins of the contractor to the employee or if such bonus is Illinois, Sabo, and Beilenson. Pages H8605±08 part of restructuring costs associated with a business Agreed to the Wise motion to instruct House combination; Pages H8640±41 conferees to insist upon the inclusion of provisions The Callahan amendment that requires that cer- within the scope of conference making the bill appli- tain vessel propellers and ship propulsion shafting be cable to current and subsequent fiscal year appropria- manufactured in the United States; Pages H8642±43 tion measures. Pages H8605±08 The Callahan amendment that prohibits any funds Defense Appropriations: By a yea-and-nay vote of appropriated for Former Soviet Union Threat Reduc- 294 yeas to 125 nays, Roll No. 646, the House tion to be used to build housing for members of the passed H.R. 2126, making appropriations for the military forces of the Soviet Union or for current or Department of Defense for the fiscal year ending former members of the military forces of the Russian September 30, 1996. Pages H8609±64 Federation; and Page H8643 Agreed to the Obey motion to recommit the bill The Neumann amendment, as amended by the to the Committee on Appropriations with instruc- Murtha amendment, that prohibits use of funds for tions to report it back forthwith containing an participation of U.S. Armed Forces units in any op- amendment to provide that funds cannot be obli- eration in the territory of the former Yugoslavia gated for payment on new contracts on which allow- above the level of forces so deployed as of the date able costs charged to the Government include pay- of enactment, except for emergency air rescue oper- ments for individual compensation at a rate in excess ations, the airborne delivery of humanitarian sup- of $200,000 per year, rather than $250,000 as pro- plies, or the planning execution of OPLAN 40104 vided in the bill. Subsequently, the bill was reported to extract UNPROFOR personnel. Pages H8643±45 D 1050 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 1995 Rejected: Meeting Hour: Agreed that the House will meet at The Kasich amendment that sought to reduce the 9 a.m. on Friday, September 8. Page H8664 Air Force aircraft procurement appropriation by Energy and Water Appropriations: House dis- $493 million (rejected by a recorded vote of 210 agreed to the Senate amendments to H.R. 1905, ayes to 213 noes, Roll No. 639); Pages H8609±21 making appropriations for energy and water develop- The Obey amendment that sought to reduce the ment for the fiscal year ending September 30, 1996. Air Force research, development, test and evaluation Appointed as conferees: Representatives Myers of In- appropriation by $1 billion (rejected by a recorded diana, Rogers, Knollenberg, Riggs, Frelinghuysen, vote of 126 ayes to 293 noes, Roll No. 640); Bunn of Oregon, Livingston, Bevill, Fazio of Califor- Pages H8621±24 nia, Chapman, and Obey. Pages H8664±65 The DeLauro substitute amendment to the Dor- Agreed to the Bevill motion to instruct House nan amendment that sought to prohibit any funds conferees in resolving differences between the House from being used to perform abortions in military and Senate with regard to projects and programs of medical facilities, except when the life of the mother the U.S. Army Corps of Engineers, to select projects was in danger, or in the case of a medical treatment and programs within the scope of the conference or other facility of the Defense Department located without regard to the proposal of the Administration outside the United States, any cost incurred by the to reduce the role of the Corps of Engineers in flood United States in connection with such a procedure control, shore protection, and navigation projects. was reimbursed from private funds (rejected by a re- Page H8664 corded vote of 194 ayes to 224 noes, Roll No. 641); Military Construction Appropriations: House dis- Pages H8624±30 agreed to the Senate amendments to H.R. 1817, The Sanders amendment that sought to reduce making appropriations for military construction, funding for the National Foreign Intelligence Pro- family housing, and base realignment and closure for gram (other than the CIA Retirement and Disability the Department of Defense for the fiscal year ending System Fund) by limiting funding to ninety percent September 30, 1996. Appointed as conferees: Rep- of last year’s level (rejected by a recorded vote of 93 resentatives Vucanovich, Callahan, McDade, Myers of ayes to 325 noes, Roll No. 643); and Indiana, Porter, Istook, Wicker, Livingston, Hefner, Pages H8648±54, H8658 Foglietta, Visclosky, Torres, and Obey. Page H8665 The Schroeder amendment that sought to reduce Agreed to the Obey motion to instruct House all discretionary appropriated funds by three percent conferees to not provide funding for non-quality of across-the-board (rejected by a recorded vote of 124 life projects above the President’s request, which are ayes to 296 noes, Roll No. 644). Pages H8654±59 in excess of the cumulative amounts added for such The following amendments were offered but sub- projects in the House-passed bill. Page H8665 sequently withdrawn: Merchant Marine Academy: The Speaker ap- The Schumer amendment that sought to increase pointed Representatives King and Manton as mem- funding for Army missile procurement by $50 mil- bers of the Board of Visitors to the United States lion; Pages H8630±31 Merchant Marine Academy on the part of the House. The Woolsey amendment that sought to prohibit Page H8665 funds from being used to modify Ohio-class sub- marines by replacing Trident I (C–4) nuclear mis- Quorum Calls—Votes: One yea-and-nay vote and siles with upgraded Trident II (D–5) missiles; seven recorded votes developed during the proceed- ings of the House today and appear on pages Pages H8639±40 H8620–21, H8623–24, H8629–30, H8630, H8658, The Skelton amendment that sought to prohibit H8659, H8662, and H8663. There were no quorum use of funds for military training for the military calls. forces of the government of Bosnia and Herzegovina; and Page H8645 Adjournment: Met at 10 a.m. and adjourned at The Farr amendment that sought to prohibit use 9:28 p.m. of funds in excess of $6.7 million for the relocation of the activity of the Army Operational Test and Ex- Committee Meetings perimentation Command that is located at Fort Hunter Liggett, California; Pages H8645±46 REAUTHORIZE TIED AID CREDIT The Clerk was authorized to correct section num- PROGRAM; DEFENSE PRODUCTION ACT bers, punctuation, cross references, and to make AMENDMENTS other necessary conforming changes as might be nec- Committee on Banking and Financial Services: Sub- essary in the engrossment of the bill. Page H8664 committee on Domestic and International Monetary September 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1051 Policy approved for full Committee action the fol- tive Officer, Submarines, Office of the Assistant Sec- lowing bills: H.R. 2203, to reauthorize the tied aid retary, Research, Development and Acquisition; Ron credit program of the Export-Import Bank of the O’Rourke, Congressional Research Service, Library of United States, and to allow the Export-Import Bank Congress; and public witnesses. to conduct a demonstration project; and H.R. 2204, Defense Production Act Amendments of 1995. MISCELLANEOUS MEASURES Prior to this action, the Subcommittee held a Committee on Resources: Subcommittee on National hearing on these measures. Testimony was heard Parks, Forests and Lands held a hearing on the fol- from Joshua Gotbaum, Assistant Secretary, Economic lowing bills: H.R. 1188, National Coal Heritage Security, Department of Defense; and Kenneth D. Area Act of 1995; H.R. 1447, to revise the bound- Brody, President and Chairman, Export-Import aries of the Blackstone River Valley National Herit- Bank. age Corridor in Massachusetts and Rhode Island; H.R. 1542, to amend the Illinois and Michigan FEDERAL MANAGEMENT OF THE RADIO Canal Heritage Corridor Act of 1984 to modify the SPECTRUM boundaries of the corridor; H.R. 1553, South Caro- Committee on Commerce: Subcommittee on Tele- lina National Heritage Corridor Act of 1995; H.R. communications and Finance held a hearing on Fed- 1961, to designate the Tennessee Civil War Heritage eral Management of the Radio Spectrum. Testimony Area; H.R. 1999, to establish the Augusta Canal was heard from Larry Irving, Assistant Secretary, National Heritage Area in the State of Georgia; Communications and Information, Department of H.R. 2057, Cache La Poudre River National Water Commerce; and public witnesses. Heritage Area Act; H.R. 2172, Vancouver National RECENT DEVELOPMENTS IN BURMA Historic Reserve Act of 1995; H.R. 2186, to estab- lish the Ohio and Erie Canal Corridor National Her- Committee on International Relations: Subcommittee on itage Corridor in the State of Ohio; and H.R. 2188, Asia and the Pacific held a hearing on Recent Devel- to establish in the Department of the Interior the opments in Burma. Testimony was heard from Kent Essex National Heritage Area Commission. Testi- Wiedemann, Deputy Assistant Secretary, East Asian mony was heard from Senators Brown and Chafee; and Pacific Affairs, Department of State; and public Representatives Neal, Blute, Kennedy of Rhode Is- witnesses. land, Lipinski, Clyburn, Gordon, Norwood, Regula, LEGAL AID GRANT ACT Sawyer, and Graham; Katherine H. Stevenson, Asso- ciate Director, Cultural Resource, Stewardship and Committee on the Judiciary: Subcommittee on Com- Partnerships, National Park Service, Department of mercial and Administrative Law approved for full the Interior; Matthew Amarello, Senator, State of Committee action the Legal Aid Grant Act of 1995. Massachusetts; and public witnesses. LOBBYING DISCLOSURE REFORM PROPOSALS ECONOMICALLY TARGETED INVESTMENTS Committee on the Judiciary: Subcommittee on the Con- Committee on Rules: Granted, by voice vote, an open stitution held a hearing on lobbying disclosure re- rule providing 2 hours of debate on H.R. 1594, Eco- form proposals. Testimony was heard from Senator nomically Targeted Investments. The rule makes in Levin; Representatives Shays, Bryant of Texas, Cas- order the Committee on Economic and Educational tle, McHale, and Klug; and public witnesses. Opportunities amendment in the nature of a sub- stitute as an original bill for amendment purposes, DISAPPROVE CERTAIN SENTENCING with each section considered as read. Finally, the GUIDELINE AMENDMENTS rule provides one motion to recommit, with or with- Committee on the Judiciary: Subcommittee on Crime out instructions. Testimony was heard from Rep- approved for full Committee action H.R. 2259, to resentative Fawell. disapprove certain sentencing guideline amendments. INTELLIGENCE AUTHORIZATION ACT NEW ATTACK SUBMARINE Committee on Rules: Granted, by voice vote, a modi- Committee on National Security: Subcommittee on Mili- fied open rule providing 1 hour of debate on H.R. tary Procurement held a hearing on the New Attack 1655, Intelligence Authorization Act for fiscal year Submarine. Testimony was heard from the following 1996. The rule waives section 302(f) (prohibiting officials of the Department of the Navy: RAdm. consideration of legislation which exceeds a commit- Dennis A. Jones, USN, Director, Submarine Warfare tee’s allocation of new entitlement authority), section Division, Office of the Chief of Naval Operations; 308(a), (requiring a cost estimate in the committee and RAdm. Robert E. Frick, USN, Program Execu- report on new entitlement authority), and section D 1052 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 1995 401(b) (prohibiting consideration of legislation pro- Chairman, Export-Import Bank; and a public wit- viding new entitlement authority), and section ness. 401(b) prohibiting consideration of legislation pro- viding new entitlement authority which becomes ef- ETHICS INVESTIGATION fective during the fiscal year which ends in the cal- Committee on Standards of Official Conduct: Met in ex- endar in which the bill is reported) of the Budget ecutive session to continue to take testimony regard- Act against consideration of the bill. The rule makes ing the ethics investigation of Speaker Gingrich. in order as an original bill for the purpose of amend- Testimony was heard from Glenn Jones, Chairman, ment the Intelligence Committee amendment in the Jones Inter-Cable Inc. nature of a substitute now printed in the bill, modi- Will continue tomorrow. fied by the Government Reform and Oversight Committee amendment striking section 505 now NATIONAL HIGHWAY SYSTEM printed in the bill and by an amendment striking DESIGNATION ACT title VII. The committee amendment in the nature Committee on Transportation and Infrastructure: Sub- of a substitute, as modified, shall be considered by committee on Surface Transportation approved for title with the first section and each title considered full Committee action the National Highway System as read. The rule waives clause 7 of rule XVI (pro- Designation Act of 1995. hibiting nongermane amendments) against the com- VETERANS LEGISLATION mittee substitute as modified and clause 5(a) of rule XXI (prohibiting appropriations in a legislative bill) Committee on Veterans’ Affairs: Subcommittee on Edu- against the committee substitute as modified. The cation, Training, Employment and Housing ap- rule also waives section 302(f) and section 401(b) of proved for full Committee action a comprehensive the Budget Act against the committee substitute as measure including provisions of the Uniformed Serv- modified. The rule prohibits the consideration of ices Employment and Reemployment Rights Act, amendments not printed in the CONGRESSIONAL VA Home Loan Programs, and the Department of RECORD. Finally, the rule provides one motion to re- Labor’s VETS program. commit, with or without instructions. Testimony VETERANS LEGISLATION was heard from Chairman Combest and Representa- tive Dicks. Committee on Veterans’ Affairs: Subcommittee on Hos- pitals and Health Care approved for full Committee RESTRUCTURING THE FEDERAL action amended H.R. 2219, to amend title 38, Unit- SCIENTIFIC ESTABLISHMENT ed States Code, to extend certain expiring authorities Committee on Science: Subcommittee on Basic Research of the Department of Veterans Affairs. and the Subcommittee on Energy and Environment f held a joint hearing on Restructuring the Federal Scientific Establishment: Future Missions and Gov- NEW PUBLIC LAWS ernance for the Department of Energy National Lab- (For last listing of Public Laws, see DAILY DIGEST p. D1036) oratories. Testimony was heard from Charles B. Cur- H.R. 535, to direct the Secretary of the Interior tis, Acting Deputy Secretary, Department of Energy; to convey the Corning National Fish Hatchery to the from the following Directors of National Labora- State of Arkansas. Signed September 6, 1995. (P.L. tories: Charles F. Gay, National Renewable Energy; 104–23) Siegfried S. Hecker, Los Alamos; Alan Schriesheim, H.R. 584, to direct the Secretary of the Interior Argonne; C. Bruce Tarter, Lawrence Livermore; to convey a fish hatchery to the State of Iowa. Alvin W. Trivelpiece, Oak Ridge; and John C. Signed September 6, 1995. (P.L. 104–24) Crawford, Executive Vice President, Sandia; and H.R. 614, to direct the Secretary of the Interior public witnesses. to convey to the State of Minnesota the New London National Fish Hatchery production facility. Signed OVERSIGHT September 6, 1995. (P.L. 104–25) Committee on Small Business: Subcommittee on Gov- H.R. 1225, to amend the Fair Labor Standards ernment Programs and the Subcommittee on Pro- Act of 1938 to exempt employees who perform cer- curement, Exports, and Business Opportunities held tain court reporting duties from the compensatory a joint oversight hearing on the Export Working time requirements applicable to certain public agen- Capital Program. Testimony was heard from JayEtta cies. Signed September 6, 1995. (P.L. 104–26) Hecker, Director, International Trade, Finance, and H.R. 2077, to designate the United States Post Competitiveness, GAO; Cassandra Pulley, Deputy Office building located at 33 College Avenue in Administrator, SBA; Martin A, Kamarck, Vice Waterville, Maine, as the ‘‘George J. Mitchell Post September 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1053 Office Building’’. Signed September 6, 1995. (P.L. hearings on matters relating to the incident in Ruby 104–27) Ridge, Idaho, 10 a.m., SH–216. H.R. 2108, to permit the Washington Conven- tion Center Authority to expend revenues for the op- House eration and maintenance of the existing Washington Committee on Commerce, Subcommittee on Energy and Convention Center and for preconstruction activities Power, hearing on legislation to privatize the Naval Pe- relating to a new convention center in the District troleum Reserve, 10 a.m., 2123 Rayburn. of Columbia, to permit a designated authority of the Committee on Government Reform and Oversight, Sub- District of Columbia to borrow funds for the committee on Government Management, Information, preconstruction activities relating to a sports arena in and Technology, hearing on H.R. 2234, Debt Collection the District of Columbia and to permit certain reve- Improvement Act, 9:30 a.m., 2154 Rayburn. nues to be pledged as security for the borrowing of Committee on International Relations, Subcommittee on International Operations and Human Rights, to continue such funds. Signed September 6, 1995. (P.L. hearings on the Chinese Prison System, 10 a.m., 2172 104–28) Rayburn. f Committee on Small Business, hearing on Pension Reform and Simplification: A Small Business Perspective, 10 COMMITTEE MEETINGS FOR FRIDAY, a.m., 2361 Rayburn. SEPTEMBER 8, 1995 Committee on Standards of Official Conduct, executive, to (Committee meetings are open unless otherwise indicated) continue to take testimony regarding the ethics investiga- tion of Speaker Gingrich, 9 a.m., HT–2M Capitol. Senate Committee on Transportation and Infrastructure, to mark Committee on the Judiciary, Subcommittee on Terrorism, up H.R. 2274, National Highway System Designation Technology, and Government Information, to continue Act of 1995, 10 a.m., 2167 Rayburn. D 1054 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Friday, September 8 9 a.m., Friday, September 8

Senate Chamber House Chamber Program for Friday: Senate will resume consideration of Program for Friday: Consideration of H.J. Res. 102, H.R. 4, Work Opportunity Act. Defense Base Closure Approval.

Extensions of Remarks, as inserted in this issue

HOUSE Kennelly, Barbara B., Conn., E1733 Quinn, Jack, N.Y., E1726 Lazio, Rick, N.Y., E1732 Radanovich, George P., Calif., E1732 Baker, Bill, Calif., E1731 Levin, Sander M., Mich., E1725 Reed, Jack, R.I., E1729 Bereuter, Doug, Nebr., E1728 Lincoln, Blanche Lambert, Ariz., E1718 Richardson, Bill, N. Mex., E1718 Bilirakis, Michael, Fla., E1732 Martinez, Matthew G., Calif., E1729 Saxton, Jim, N.J., E1718 Clay, William (Bill), Mo., E1733 Menendez, Robert, N.J., E1725 Schroeder, Patricia, Colo., E1725, E1731, E1733 Costello, Jerry F., Ill., E1724 Mfume, Kweisi, Md., E1725 Seastrand, Andrea H., Calif., E1732 Durbin, Richard J., Ill., E1731 Mineta, Norman Y., Calif., E1722 Spence, Floyd, S.C., E1724 Ehrlich, Robert L., Jr., Md., E1719 Ney, Robert W., Ohio, E1732 Stark, Fortney Pete, Calif., E1731, E1732, E1734 Emerson, Bill, Mo., E1715 Owens, Major R., N.Y., E1720 Torres, Esteban Edward, Calif., E1728 Forbes, Michael P., N.Y., E1734 Oxley, Michael G., Ohio, E1726 Underwood, Robert A., Guam, E1720 Gilman, Benjamin A., N.Y., E1721 Parker, Mike, Miss., E1719 Vento, Bruce F., Minn., E1721 Hamilton, Lee H., Ind., E1718, E1721 Payne, L.F., Va., E1736 Waxman, Henry A., Calif., E1718 Hastings, Alcee L., Fla., E1721 Quillen, James H. (Jimmy), Tenn., E1726 Weller, Jerry, Ill., E1731

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