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National Service – Volume 1 – Congressional Record - February 27, 1990, Senate [binder]
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National Service – Volume 1 – Congressional Record - February 27, 1990, Senate [binder]
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Records of the Office of National Service (Clinton Administration)
Richard C. (Rick) Allen's Files
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This is not a textual record. This is used as an
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Clinton Presidential Records
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National Service
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Rick Allen
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National Service - Volume 1 - Congressional Record, February 27, 1990, Senate [binder]
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Clinton Presidential Records
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This marker identifies the place of a tabbed divider. Given our
digitization capabilities, we are sometimes unable to adequately
scan such dividers. The title from the original document is
indicated below.
Cong. Rec. 2/27/90 S.
Divider Title:
CONGRESSIONAL RECORD SENATE
February 27, 1990
THE B-2 BOMBER PROGRAM
B-2 PROGRAM FLIGHT TESTING AND PRODUCTION
useful basis for budget action than the en
The Air Force plans to procure a total of
SCHEDULE
rent program provides.
133 Б-2 aircraft: 6 development aircraft and
The Air Force planned a 3,600-hour flight
This concludes my prepared statement,
127 production aircraft. Through fiscal year
test program to demonstrate B-2 perform-
Mr. Chairman. I will be happy to answer
1990 the Congress has authorized produc-
ance capabilities over approximately 4
any questions you may have, to the extent
Lion of the 6 development aircraft, and 10
years. which began with the first flight of
possible in this open forum. In addition to
product aircraft, and a total of $26.8 bil-
the aircraft on July 17, 1989. To date, 1 per
the information provided in the unclassified
lion has been appropriated for the program.
cent of the flight hours in this test program
report we issued today, we will be reviding
The President's fiscal year 1991 budget re-
have been completed. Under the current
further details on certain performance and
quests $5.8 billion for an additional five pro-
schedule. the Air Force plans to complete
testing issues in a classified form. If your
duction aircraft. long-lead items for future
development and initial operational testing
questions address Issues that we believe to
aircraft. and continuing the development
in 1993. It now appears that the completion
be classified we will be pleased to provide
and testing programs.
of testing could slip into 1994, as a result of
answers at a later date in that form.
One development aircraft has been deliv-
delays in delivering the development air-
ered. Deliveries of the second and third air-
craft.
Mr. CRANSTON. Support for the B-
craft are scheduled during the next year or
The first 1½ years of flight testing will be
2 program is eroding. I am pleased to
so. Currently, the first aircraft is undergo-
primarily to demonstrate basic flying quali-
announce that already 11 Senators
ing some planned modifications after com-
ties, and to provide preliminary data on the
have joined Senator LEAHY and myself
pleting some early At worthiness flight test-
low observable features of the aircraft. The
as cosponsors of the B-2 termination
ing. Flight testing of this aircraft is sched-
aircraft will not be flown approximately 6
bill. I am confident that even more
uled to resume in April.
months of this time, so additional planned
Senators will join us in this effort to
modifications can be made. The pace of test-
PROGRAM COST
ing will increase as the remaining five devel-
halt further procurement funding for
In 1981 the Air Force estimated that the
opment aircraft become available during
the B-2 program.
cost to procure 133 B-2s would be $32.7 bil-
1990 and 1991. If current schedules are met,
Mr. President, I ask unanimous con-
lion in 1981 dollars. In 1986 the Department
it will be at least 8 years before critical per-
sent that the following Senators be
of Defense announced the estimated cost
formance testing. including integrated of-
added to S. 2009 as cosponsors. The
would be $30.6 billion in 1981 dollars. which
fensive and defensive avionics, is completed.
Senator from Iowa [Mr. HARKIN], the
was equivalent to $58.2 billion In escalated
It has been during this critical performance
Senator from Oregon [Mr. HATFIELD],
dollars over the life of the B-2's procure-
testing that significant performance prob-
lems have been discovered in other ad-
the Senator from Massachusetts [Mr.
ment. A June 1989 program cost estimate,
which is the most recent official total pro-
vanced weapon systems programs.
KERRY], the Senator from Wisconsin
gram estimates available, puts the cost for
[Mr. KOHL), the Senator from Con-
OBSERVATIONS
the 133 B-2's at $70.2 billion. This estimate
necticut [Mr. LIEBERMAN], the Senator
represents a net increase of $12 billion over
The B-2 program's cost and schedule
from Hawaii [Mr. MATSUNAGA], the
the 1986 estimate: $18.2 billion in cost in-
remain uncertain. In addition, the current
acquisition strategy requires funding of $7.5
Senator from Ohio [Mr. METZENBAUM],
creases offset by $6.2 billion in estimated
to $8.0 billion for fiscal year 1992 through
the Senator from West Virginia [Mr.
savings from projected productivity im-
1995. There has been much debate on
ROCKEFELLER], the Senator from Ten-
provements and multiyear procurement. We
whether the Department of Defense can re-
nessee [Mr. SASSER], the Senator Irom
have been told that a revised cost estimate
alistically expect to receive these funding
Illinois [Mr. SIMON], and the Senator
is being considered by the Office of the Sec-
levels. Revisions to the program to accom-
retary of Defense, which includes additional
from Colorado [Mr. WIRTH].
modate more moderate annual funding
costs from such changes as increased infla-
levels will also result in cost increases,
tion rates. and the cost of the recent strike
unless the proposed production quantity is
at The Boeing Company. We estimate that
CONCLUSION OF MORNING
reduced.
the changes will add another several billion
The B-2 is a radically new aircraft design,
BUSINESS
dollars to the B-2's estimated cost.
and there is much uncertainty about wheth-
The PRESIDING OFFICER. Is
The principal causes for the cost increases
er its critical performance characteristics
there further morning business?
to date have been an incomplete aircraft
will be proven. Even in programs in which
design at the start of manufacturing, under-
Hearing none, morning business is
the aircraft design is more traditional, such
estimated material costs for composite air-
closed.
as the B-1 bomber, significant problems per-
craft. and production schedule extensions.
Bist, which require continuing investment of
In early 1981. the Air Force modified Its
unanticipated resources. Under the current
requirements to include a low-altitude capa-
acquisition plan, 31 aircraft will be on order
NATIONAL AND COMMUNITY
bility for the B-2. This change forced Nor-
and over $48 billion will have been appropri-
SERVICE ACT OF 1989
three to redesign its original B-2 airframe,
ated before anyone knows whether the B-2
The PRESIDING OFFICER. The
adding additional control surfaces and im-
will do its job.
proved structures to accommodate the
We believe that it would be prudent to
clerk will report the pending business.
stresses of low-altitude high-speed flight.
reduce the pace of funding and production
The legislative clerk read as follows:
Northrop's redesign of the airframe also de-
for the B-2, to limit up-front investment
A bill (S. 1430) to enhance national and
layed 113 efforts to complete other aspects of
until the critical performance elements of
community service, and for other purposes.
the B.2 design. To meet its first flight dead-
the aircraft are adequately evaluated.
The Senate resumed consideration
line. the Air Force directed Northrop to
Northrop Corporation officials have Te-
cently argued to us that an interruption in
of the bill.
begin manufacturing of the aircraft in 1986.
even though the design was not completed.
production funding would result in signifi-
Mr. ARMSTRONG. Mr. President,
The incomplete B-2 design led to cost
cant additional costs to maintain production
in conferring with the manager, on
growth from significant Increases in manu-
capability for the future. Given the current
behalf of the Democrats on this bill, I
facturing labor hours. parts shortages, tool-
production aircraft on order and the deliv-
understand that the Republican man-
Ing problems. and the unintended and un-
ery schedule, which contemplates delivery
ager will be on the floor shortly. When
economical transfer of manufacturing ac.
dates for these aircraft several years hence,
tivities to the final B-2 assembly site.
It is unclear when or how these costs would
he arrives, it is my intention, when
The Air Force's earlier cost estimates were
occur. Moreover. some level of increased
both managers are present, to offer an
based on a cost estimating model drawn
cost may very well be warranted until such
amendment to the volunteer service
from experience in building aluminum air-
time as sufficient information on the B-2's
bill. Pending the arrival of the Senator
planes Eren though efforts were made to
performance capabilities is available to sup-
from Utah who manages for the Re-
adjust the estimate to reflect building with
port moving into full-scale production.
publicans, my thought was to take a
composites. the model produced an estimate
Given the continuing difficulties and un-
moment to explain the nature and
U.at was significantly lower than the costs
certainties in the development of the air-
purpose of the amendment.
actually incurred. Manufacturing delays
craft, the changing world circumstances,
and other factors also caused significant
and the questions raised about the feasibili-
Mr. KENNEDY. Will the Senator
beduled delays. which in turn increased
ty of funding levels as high as the current
yield on that point?
program requires, the Secretary of Defense
Mr. ARMSTRONG. Yes, of course.
development and production costs. The
in our opinion should provide the Congress
Mr. KENNEDY. I see the Senator
June 1989 cost estimate reflected a 3-year
delay in the final aircraft deliveries com-
with an analysis of practical and realistic
from Utah here at the present time.
pared to the 1986 estimate.
ternatives for the future acquisition of this
Without losing his right to be recog-
program. This analysis would form & more
nized, will the Senator from Colorado
February 27, 1990
CONGRESSIONAL RECORD SENATE
1671
permit us to at least offer the commit-
of the donations went to religious
amendment is addressed have risen on
tee substitute?
groups and 54 percent to organizations
a number of occasions in existing pro-
Mr. ARMSTRONG. Yes, of course, I
in the following categories: public/so-
grams. Surely, if we are going to go
am happy to yield the floor.
ciety benefit; arts, culture and human-
foward with a broader-based Govern-
The PRESIDING OFFICER. The
ities; health: education; human serv-
ment-sponsored volunteer program, we
Senator from Massachusetts is recog-
ices; and "all other uses." But of the
ought to start to applying the Hippo-
nized.
billions of dollars that went to reli-
cratic oath to voluntarism. First, we
Mr. KENNEDY. Mr. President, I ap-
gious organizations, almost half was
should do no harm. That is really
preciate the willingness of the Senator
spent on a wide variety of human serv.
from Colorado to yield. We will do so
what my amendment seeks to do.
ice, health, arts, educational, and soci-
just prior to the offering of the
Mr. President, S. 1430 prohibits any
etal improvement activities.
funds authorized for the school-based
amendment, and then ask consent
The following quotation, which is
that it conform with the changes that
taken from a comprehensive survey of
community service program, the
have been made at the request of the
Youth Service Corps and the national
American philanthropy sums up well:
administration. They had asked us to
service demonstration program from
Religion today not only retains its histori-
make some technical changes, which
cal influence on philanthropic giving-to
being used "by program participants
we have done, and we will now start to
secular as well as religious-affiliated organi-
and program staff to give religious in-
debate the bill.
zations-it also functions as the Nation's
struction, conduct worship services. or
I think we are familiar with the
major provider of a host of human services
engage in any form of proselytization
issues that will be brought forward,
to neighborhoods and communities.
The bill forbids a church to conduct a
and the Senator from Utah and I are
The discovery came to light in a nation-
conservation corps program or human
wide survey of religious activities and fi-
quite prepared to debate those. Then
services corps program "unless such
nances conducted by Gallup under the spon-
we will accommodate the Senator
sorship of Independent Sector.
project does not involve any religious
from Colorado. We are grateful for
functions." S. 1430 is clear. therefore
him bringing his amendment before
Mr. President, some of the findings
of that survey I think would be of in-
in its prohibition of religious activities.
the Senate at this time. I thank the
Senator.
terest to my colleagues: Between 64
but it is not so clear, Mr. President.
and 93 percent of the congregations
about whether or not religious entities
The PRESIDING OFFICER. The
provide or support such services as
can participate in the programs au-
Senator from Colorado has the floor.
housing, day care, free or low-cost
thorized by this bill.
Mr. ARMSTRONG. Mr. President, it
meals, medical care, health instruc-
My amendment adds the phrase,
is not entirely clear to me, the extent
tion, counseling, and programmatic as-
"churches and other religious entities"
to which, if any, this amendment will
sistance to the disabled, and aid to
at the appropriate places in the bill to
need to be redrafted to conform to the
international service organizations.
make it clear that chruches and other
new version of the bill that has just
been laid before us. What I think I
Between 29 and 45 percent of the
religious entities can receive funds
congregations support, in addition to
under the act, subject to the prohibi-
will suggest is, if staff would look at
the above, programs for civil rights
tions on religious activities. In one
that issue, I will go ahead and discuss
and social justice, community develop-
place in the bill the amendment adds
the amendment while we work out the
ment, arts instruction and perform-
the phrase "private sectarian and non-
issue of where it belongs in the bill,
ances, elementary and high school
sectarian schools" to make it clear
simply a question of being sure that
the denomination of it is correct.
education, and neighborhood and envi-
that private schools can also qualify
ronmental improvements.
for participation.
Mr. President, Americans are gener-
Beyond financial and in-kind giving,
ous people. We all know that, but on
The first part of my amendment also
November 22 of last year, a Gallup
things like food, clothing, community
changes the bill so that the prohibi-
poll was released which documented
support, so on, about one-third of the
tion on religious activity is consistent
what I thought was a very significant
congregations provide up to 24 volun-
throughout the bill, that is, that no
and interesting thing. The poll found
teers per month, another third offers
money under this act may be used by
7 to 10 adults contributed money to a
up to 54 volunteers a month, and most
program participants and program
charitable organization during the
of the remaining one-third provides 6
staff for giving religious instruction,
or more volunteers each month. The
preceding 12 months and 6 out of 10
conducting worship services, or engag-
gave money to their church that was
millions of hours thus donated by non-
ing in any form of proselytization.
clergy congregation members amount
earmarked in some specific way for
My amendment is based upon the
to several billion dollars.
charitable activities. Altogether,
truth that churches and other reli-
Mr. President, the reason I draw this
during the 12 months preceding the
gious organizations must be included
publication of this poll, 85 percent of
to the attention of my colleagues as
in any of our attempts to address
we consider S. 1430 I think is fairly ob-
Americans gave money to an organized
vious. We want to be sure that in the
social problems, particularly if our at-
charity, 42 percent of adults did
adoption of this legislation, about
tempts seek to draw on the strength
unpaid volunteer work of some sort
which there is substantial controversy,
and capacities of the private sector.
during the preceding 12 months, and
that if It is to be enacted, that we do
Mr. President, I think many of my
the average volunteer contributed 6
not do so in a way that discourages re-
colleagues will remember the Adoles-
hours of time in the 30 days preceding
ligious organizations from performing
cent Family Life Act specifically au-
the publication of the poll.
their charitable work which has long
thorized an integrated approach in-
The author of the poll wrote the fol-
been the hallmark of churches and
volving "family members, religious
lowing:
church organizations in this country.
and charitable organizations, volun-
Religious spirit apparently motivates
My amendment simply attempts to
tary associations, and other groups in
much of America's charity, since church
protect religious organizations, first by
the private sector, as well as services
and synagogue members are the most in-
ensuring that they are not discrimi-
provided by publicly sponsored intia-
volved in charitable activity. Almost half
nated against under the act and,
tives."
the church members did unpaid volunteer
work in the past year, compared with only a
second, by helping those religious or-
This approach was given constitu-
third on non-members. Nine in ten members
ganizations that do choose to partici-
tional sanction in the case of Bowen
gave money to a charity, compared with
pate in the programs to maintain their
versus Kendrick when the Supreme
only seven in ten non-members. Eight in ten
religious identity and moral climate.
Court held that the religion-specific
members gave food, clothing or other prop-
Mr. President, as my colleagues
provisions of that act were not uncon-
erty to a charitable organization, compared
would suspect, I have not brought this
stitutional.
with two-thirds of non-members.
amendment up because of any ab-
Mr. President, in the full version of
In 1988, Mr. President, Americans
stract reason or for consideration of
my statement, I will include a portion
gave more than $100 dollars to chari-
some theoretical concerns, because in
of the majority opinion written by
table organizations. About 46 percent
fact the problems to which this
Justice Rehnquist.
1672
CONGRESSIONAL RECORD-SENATE
February 27, 1990
The second part of my amendment,
Mr. President, that in brief is the
Subtitle C-American Conservation and
Mr. President, seeks to allow religious
purpose of my amendment. If I may
Youth Corps
organizations to maintain at least in
consult a moment with staff as to
Sec. 120. Short title.
part their religious integrity even
whether or not we now have this in its
Sec. 121 General authority.
while they use Federal funds to help
correct form, I will be prepared to
Sec. 122. Allocation of funds.
the Government achieve its secular
send It to the desk.
Sec. 123. State application.
Sec. 124. Focus of programs.
goals. This portion of the amendment
Mr. President, I am advised that as
Sec. 125. Related programs.
really is suggested by a problem which
of this moment the substitute, which
Sec. 126. Public lands or Indian lands.
the Salvation Army encountered in
is evidently pending before us, is not
Sec. 127. Training and education services.
dealing with the Department of Hous-
available to us in text form, and,
Sec. 128. Amount of award.
ing and Urban Development. Former-
therefore, I inquire of the managers of
Sec. 129. Preference for certain projects.
ly, HUD regulations prohibited feder-
this measure-I would be glad to offer
Sec. 130. Age and citizenship criteria for en-
ally funded homeless programs from
the amendment and simply provide it
rollment.
"displaying religious symbols or deco-
be inserted at the correct point in the
Sec. 131. Post-service benefits.
bill when the text becomes available
Sec. 132. Living allowance.
rations" and a shelter in New Britain,
Sec. 133. Joint programs.
CT, was told to return a grant of
or proceed in whatever manner they
Sec. 134. Federal and State employee status.
$9,635 because it refused to take down
suggest.
SUBTITLE D-NATIONAL AND COMMUNITY
a painting of Jesus.
Mr. HATCH. Mr. President, we ap-
SERVICE
The Washington Times reported as
preciate the Senator's offer. The fact
Sec. 140. Short title.
follows:
is we are trying to make technical
Sec. 141. General authority.
The painting showing Jesus in a long robe
changes. We just about have them
Sec. 142. Grants.
with outstretched arms hangs prominently
done. We will file a substitute. But
Sec. 143. Types of national service.
to the right of the television set in the
why do not we plan on doing that as
Sec. 144. Terms of service.
lounge of the Franklin Square men's shel-
soon as we can get that substitute?
Sec. 145. Eligibility.
ter. A Federal regulator spotted it immedi-
Mr. ARMSTRONG. Mr. President, I
Sec. 146. Vouchers.
ately during an inspection tour of the facili-
take it it is the manager's suggestion
Sec. 147. Living allowance.
ty.
Sec. 148. Training.
we defer for the time being. I am
Sec. 149. Public-private partnership.
HUD's policy on shelters was
happy to do that.
Sec. 150. In-service education benefits.
changed last fall, and it now appears
Mr. KENNEDY. Mr. President, if
Subtitle E-Innovative Service Programs
that the New Britain, CT, shelter can
the Senator will yield at the present
Sec. 160. General authority.
keep its picture of Jesus on its wall.
time.
Sec. 161. Grants.
However, this experience and others
The PRESIDING OFFICER. Did
Subtitle F-Administrative Provisions
which have come to my attention, con-
the Senator yield?
vince me that it would be wise for us
Mr. ARMSTRONG. Yes.
Sec. 170. Limitation on number of grants.
Sec. 171. Reports.
to clarify Federal policy so that a simi-
Mr. KENNEDY. Mr. President, the
Sec. 172. Supplementation.
lar episode will not arise in the future.
Chair has polled the committee and I
Sec. 173. Prohibition on use of funds.
The amendment goes beyond pic-
have been authorized by the commit-
Sec. 174. Nondiscrimination.
tures to allow vountary prayers and
tee to offer the committee modifica-
Sec. 175. Notice, hearing, and grievance pro-
hymns. It also allows a religious or re-
tion of the committee substitute as a
cedures.
ligious-affiliated organization to
complete substitute, which I now send
Sec. 176. Nonduplication and nondisplace-
"affirm or promote" moral tenets even
to the desk.
ment.
The PRESIDING OFFICER. It is
Sec. 177. State advisory board.
if those tenets are based on religious
Sec. 178. Evaluation.
precepts.
the understanding of the Chair that
Sec. 179. Engagement of participants.
Subsection (b) of the amendment
the Senator has been authorized by
Sec. 180. National Service Demonstration
will allow religious organizations that
the committee to make this modifica-
Program amendments.
choose to participate in programs au-
tion. Therefore, the Senator has the
Sec. 181. Partnerships with schools.
thorized by S. 1430 to keep their reli-
right to do so. The amendment is so
Sec. 182. Conforming amendments.
gious identity and maintain a moral
modified.
Sec. 183. Service as tutors.
climate.
The committee amendment in the
Subtitle G-Commission on National and
The third portion of my amendment,
nature of a substitute, as modified, is
Community Service
subsection (c) will allow a church to
as follows:
Sec. 190. Commission on National and Com-
one, require that participants under S.
Strike out all after the enacting clause
munity Service.
1430 adhere to its religious tenets; two,
and insert in lieu thereof the following:
TITLE I-MODIFICATIONS OF
SECTION 1. SHORT TITLE AND TABLE OF CON-
EXISTING EDUCATION PROGRAMS
require that participants under S. 1430
adhere to rules forbidding the use of
TENTS.
Sec. 201. References.
drugs and alcohol; and three, in choos-
(a) SHORT TITLE-This Act may be cited
Subtitle A-Higher Education
ing between two or more prospective
as the "National and Community Service
Sec. 210. Innovative projects for community
Act of 1990".
participants, hire that applicant who
service.
(b) TABLE OF CONTENTS.-The table of con-
is already involved on a regular basis
tents is as follows:
Subtitle B-State Student Incentive Grant
in other church activities.
and Work Study Programs
Mr. President, I think are familiar to
Sec. 1. Short title and table of contents.
Sec. 220. Additional reservation for campus-
my colleagues. They are taken directly
based community work learn-
Sec. 2 Findings.
from section 122(b) of S. 5, the Sen-
ing study jobs.
Sec. 3. Purposes.
Sec. 221. Work study programs.
ate's version of the ABC child care bill
TITLE I-NATIONAL AND COMMUNITY
Sec. 222. Public Health Amendment.
which we passed on June 23, 1989. The
SERVICE STATE GRANT PROGRAM
Subtitle C-Publication
first two provisions were contained in
Subtitle A-General Provisions
Sec. 230. Information for students.
an amendment offered by Senator
Sec. 101. Definitions.
Sec. 231. Exit counseling for borrowers.
COATS and accepted by the measure's
Sec. 102. Authority to make State grants.
Sec. 232. Department information on defer-
sponsors. I understand that the third
Subtitle B-School and Community Based
ments and cancellations.
provision was the product of negotia-
Service
Sec. 233. Data on deferments and cancella-
tions between Senator DODD and a
tions.
Sec. 110. Short title.
number of religious groups, including
Subtitle D-Direct Loans to Students in
Sec. 111. General authority.
the U.S. Catholic Conference.
Institutions of Higher Education
Sec. 112. Locality application.
The Senate did not have a rollcall on
Sec. 113. State application.
Sec. 240. Loan cancellation authorized.
the measures, but I believe there is a
Sec. 114. Local application.
Sec. 241. Effective date.
little doubt this comprises the sense of
Sec. 115. Limitations on use.
Subtitle E-Loan Forgiveness
the Senate and its intent.
Sec. 116. Use of funds.
Sec. 250. Loan forgiveness.
February 27, 1990
CONGRESSIONAL RECORD -
1673
Sec. 251. Effective date.
grams and agencies to expand full-time and
(12) OUT-OF-SCHOOL YOUTH-The term
III-POINTS OF LIGHT INITIATIVE
part-time service opportunities for all citi-
"out-of-school youth" means an Individual
FOUNDATION
zens, particularly youth and older Ameri-
who-
Sec. 301. Short title.
cans;
(A) has not attained the age of 27;
Sec. 302. Findings and purposes.
(6) involve participants in activities that
(B) has not completed college or the
Sec. 303. Establishment.
would not otherwise be performed by em-
equivalent thereof: and
Sec. 304. Board of directors.
ployed workers; and
(C) is not enrolled in an elementary or sec-
Sec. 305. Employees.
(7) generate 100,000,000 additional service
ondary school or institution of higher edu-
Sec. 306. Powers and functions.
hours each year to help meet human, educa-
cation.
Sec. 307. Principal and branch offices.
tional, environmental, and public safety
(13) PARTICIPANT-The term "participant"
Sec. 308. Nonprofit nature of the Founda-
needs, particularly those needs relating to
means an individual enrolled in a program
tion.
poverty.
that receives assistance under this title.
Sec. 309. Exemption from tax.
TITLE I-NATIONAL AND COMMUNITY
(14) PARTNERSHIP PROGRAM.-The term
Sec. 310. Oversight.
SERVICE STATE GRANT PROGRAM
"partnership program" means a program
Sec. 311. Annual budget.
Subtitle A-General Provisions
through which adult volunteers, public or
TITLE IV-AUTHORIZATION OF
private agencies, institutions of higher edu-
APPROPRIATIONS
SEC. 101. DEFINITIONS.
cation, community organizations, or busi-
Sec. 401. Authorization of appropriations.
As used in this title:
nesses assist an education institution.
SEC. 2. FINDINGS.
(1) ADULT VOLUNTEER.-The term "adult
(15) PLACEMENT.-The term "placement"
volunteer" means-
Congress finds that-
means the matching of a participant with a
(1) service to the community and the
(A) an individual who is beyond the age of
specific project.
Nation is a responsibility of all citizens of
compulsory schooling, including an older
(16) PROGRAM-The term "program"
the United States, regardless of the econom-
American and a parent;
means an activity carried out with assist-
ic level or age of such citizens;
(B) an employee of a private business;
ance provided under this title.
(2) citizens of the United States who
(C) an employee of a public or nonprofit
(17) PROGRAM AGENCY.-The term "pro-
become engaged in service at a young age
agency; or
gram agency" means-
will better understand the responsibilities of
(D) any other individual working without
(A) a Federal or State agency designated
citizenship and continue to serve the com-
financial renumeration in an education in-
to manage a youth service corps program;
munity into adulthood;
stitution to assist students or out of school
(B) the governing body of an Indian tribe
youth.
(3) serving others builds self-esteem and
that administers a youth service corps pro-
(2) COMMISSION.-The term "Commission"
teaches teamwork, decision making, and
grams; or
problem-solving:
means the Commission on National and
(C) a local applicant administering a
(4) the 70,000,000 youth of the United
Community Service established under Bec-
youth service corps program.
tion 190.
States who are between the ages of 5 and 25
(18) PROJECT-The term "project" means
offer a powerful and largely untapped re-
(3) COMMUNITY-BASED AGENCY.-The term
an activity that results in a specific identifi-
source for community service;
"community-based agency" means a private
able service or product that otherwise would
(5) conservation corps and human service
nonprofit organization that is representa-
not be done with existing funds, and that
corps provide important benefits to partici-
tive of a community or a significant Beg-
does not duplicate the routine services or
pants and to the community;
ment of a community and that is engaged in
functions of the employer to whom partici-
(6) the Volunteers in Service to America
meeting human, educational, or environ-
pants are assigned.
Program (hereinafter in this Act referred to
mental community needs.
(19) PUBLIC LANDS.-The term "public
(4) CREW SUPERVISOR.-The term "crew su-
as "VISTA"), as established by title I of the
lands" means any lands or waters (or inter-
Domestic Volunteer Act of 1973 (42 U.S.C.
pervisor" means the adult staff individual
est therein) owned or administered by the
4951 et seq.), is one of the most cost effec-
who is responsible for supervising a crew of
United States or by an agency or instrumen-
tive means of fighting poverty in the United
participants, including the crew leader.
tality of a State or local government.
States;
(5) EDUCATION INSTITUTION.-The term
(20) SECONDARY SCHOOL-The term "sec-
(7) the cost of higher education, loan in-
"education institution" means a local educa-
ondary school" has the same meaning given
debtedness, and the high price of housing
tional agency, elementary or secondary
such term in section 1471(21) of the Ele-
deter many young adults from volunteering
school, library or a community-based agency
mentary and Secondary Education Act of
for service programs that involve a substan-
that provides educational services.
1965 (20 U.S.C. 2891(21)).
tial time commitment;
(6) ELEMENTARY SCHOOL-The term "ele-
(21) SERVICE OPPORTUNITY.-The term
(8) older Americans, through the Older
mentary school" has the same meaning
"service opportunity" means a program or
American Volunteer Programs (as estab-
given such term in section 1471(8) of the El-
project that enables students or out-of-
lished by title II of the Domestic Volunteer
ementary and Secondary Education Act of
school youth to perform meaningful and
Service Act of 1973 (42 U.S.C. 5001 et seq.)),
1965 (20 U.S.C. 2891(8)).
constructive service in agencies, institutions,
provide 500,000,000 hours of service each
(7) INDIAN LANDS.-The term "Indian
and situations where the application of
year and are a vital force in addressing na-
lands" means any real property owned by
human talent and dedication may help to
tional problems;
an Indian tribe, any real property held in
meet human, educational, linguistic, and en-
(9) the VISTA and Older American Volun-
trust by the United States for Indian tribes,
vironmental community needs, especially
teer Programs have recently been expanded
and any real property held by Indian tribes
those relating to poverty.
and are an important part of the national
that is subject to restrictions on alienation
(22) SPECIAL SENIOR SERVICE MEMBER.-The
and community service effort of the United
imposed by the United States.
term "special senior service member" means
States;
(8) INDIAN TRIBE-The term "Indian tribe"
an individual who is age 60 or over and will-
(10) many Americans cannot participate
means an Indian tribe, band, nation, or
ing to work full-time or part-time in con-
in a full-time service program, but should
other organized group or community, in-
junction with a full-time national service
have the option of part-time service; and
cluding any Alaska Native village or region-
program.
(11) a range of full-time and part-time na-
al or village corporation as defined in or es-
(23) SPONSORING ORGANIZATION.-The term
tional and community service opportunities
tablished pursuant to the Alaska Native
"sponsoring organization" means an organi-
should be made available to all citizens, par-
Claims Settlement Act (43 U.S.C. 1601 et
zation, eligible to receive assistance under
ticularly youth and older Americans.
seq.) that is recognized as eligible for the
this title, that has been selected to provide a
SEC. 3. PURPOSES.
special programs and services provided by
placement for a participant.
the United States to Indians because of
It is the purpose of this Act to-
(24) STATE-The term "State" means each
their status as Indians.
(1) renew the ethic of civic responsibility
of the several States, the District of Colum-
(9) INSTITUTION OF HIGHER EDUCATION.-
in the United States;
bia, the Commonwealth of Puerto Rico, the
The term "institution of higher education"
(2) ask citizens of the United States, re-
Virgin Islands. Guam. American Samoa, the
has the same meaning given such term in
gardless of age or income, to engage in full-
Commonwealth of the Northern Mariana Ls-
section 1201(a) of the Higher Education Act
time or part-time service to the Nation:
lands, the Federated States of Micronesia,
of 1965 (20 U.S.C. 1141(a)).
(3) begin to call young people to serve in
the Republic of the Marshall Islands, or
(10) LOCAL EDUCATIONAL AGENCY.-The term
Palau.
national service programs;
"local educational agency" has the same
(4) enable young Americans to make a sus-
(25) STATE EDUCATIONAL AGENCY.-The term
meaning given such term in section 1471(12)
tained commitment to national service by
"State educational agency" has the same
of the Elementary and Secondary Education
removing barriers to such service that have
meaning given such term in section 1471(23)
Act of 1965 (20 U.S.C. 2891(12)).
been created by high education costs, loan
of the Elementary and Secondary Education
(11) LOCAL GOVERNMENT AGENCY.-The term
indebtedness, and the cost of housing:
Act of 1965 (20 U.S.C. 2891(23)).
"local government agency" means a public
(26) STUDENT.-The term "student" means
(5) build on the existing organizational
agency that is engaged in meeting human,
framework of Federal, State, and local pro-
an individual who is enrolled in an elemen-
social, educational, or environmental needs.
tary or secondary school or institution of
1674
CONGRESSIONAL RECORD-
February 27, 1990
higher education on a full- or part-time
and any tribal areas that exist within such
(H) describe the preservice and inservice
basis.
State:
training to be provided to supervisors and
(27) SUMMER PROGRAM.-The term
(7) technical assistance and training will
participants in the program:
"summer program" means a youth service
be provided to service programs within the
(I) describe the manner in which exempla-
corps program authorized under this title
State;
ry service will be recognized;
that is limited to the months of June, July,
(8) non-Federal and other types of Federal
(J) describe any potential resources that
and August.
assistance will be used to expand service op-
will permit continuation of the program, if
(28) YOUTH SERVICE CORPS PROGRAM-The
portunities for students and out-of-school
needed, after the assistance received under
term "youth service corps program" means
youth; and
this subtitle has ended:
a program, such as a conservation corps or
(9) information and outreach services will
(K) disclose whether the program plans
human services corps program, that offers
be disseminated and utilized to ensure the
include addressing basic skill needs and re-
full-time, productive work (to be financed
involvement of a broad range of organiza-
ducing illiteracy: and
through stipends) with visible community
tions, particularly community-based organi-
(L) contain assurances that, prior to the
benefits in a natural resource or human
zations.
placement of a participant, the program will
service setting and that gives participants a
SEC. 114. LOCAL APPLICATIONS.
consult with any local labor organization
mix of work experience, basic and life skills,
(a) APPLICATION REQUIRED.-
representing employees in the area who are
education, training. and support services.
(1) PARTNERSHIP.-
engaged in the same or similar work as that
(29) YOUTH COMMUNITY SERVICE PROGRAM.-
(A) IN GENERAL-Any education institu-
proposed to be carried out by such program.
The term "youth community service pro-
tion, local government agency, community-
(3) YOUTH COMMUNITY SERVICE PROGRAM.-
gram" means a program in which students
based agency, or consortia thereof that de-
If an applicant under this section intends to
or out-of-school youths are offered service
sires to receive a'grant-
operate a youth community service pro-
opportunities in the community or an edu-
(1) from a State that has received assist-
gram, such applicant, in addition to provid-
cational institution.
ance under this subtitle; or
ing the information described in paragraph
SEC. 102. AUTHORITY TO MAKE STATE GRANTS.
(ii) in the case of a State that does not
(2), shall include in the application required
The Commission may, in accordance with
apply for assistance under this subtitle or
under such paragraph-
the provisions of this title, make grants to
have an application approved under section
(A) a description of an age-appropriate
States, or to local applicants, to enable such
113, directly from the Commission;
learning component for participants in the
States or applicants to carry out national or
shall form a partnership consisting of one
program that shall include a chance for par-
community service programs under subtitle
or more education institutions and one or
ticipants to reflect on service experiences
B, C. D or E.
more local government or community-based
and expected learning outcomes;
Subtitle B-School and Community Based
agencies.
(B) a description of whether or not the
Service
(B) EXCEPTION.-The provisions of sub-
participants will receive academic credit for
paragraph (A) shall not apply if the appli-
participation in the program:
SEC. 110. SHORT TITLE
cant is-
(C) a description of the target levels of
This subtitle may be cited as the "Service
(1) an education institution that intends to
students and out-of-school youth who will
America, the Service to America Act of
provide service opportunities solely within
participate in the program and the target
1990".
such education institution; or
levels for the hours of service that such par-
SEC. 111. GENERAL AUTHORITY.
(ii) an education institution that has
ticipants will provide individually and as a
The Commission may make grants under
formed a partnership with one or more pri-
group;
section 102 to States or local applicants for
vate businesses to conduct & partnership
(D) a description of the proportion of ex-
the creation or expansion of service oppor-
program.
pected participants in the program who are
tunities for students and out-of-school
(2) CONTENT OF APPLICATION.-To be eligi-
educationally or economically disadvan-
youth and to increase the number of com-
ble to receive a grant under this subtitle, a
taged, including participants with handicap-
munity members, particularly senior citi-
partnership under paragraph (1) shall pre-
ping conditions;
zens, who are volunteering in schools.
pare and submit, to the State educational
(E) a description of the ages or grade
SEC. 112. LOCALITY APPLICATION.
agency (or the Commission if paragraph
levels of expected participants in the pro-
If a State does not apply for assistance
(1)(A)(ii) applies), an application at such
gram;
under this subtitle or if a State does not
time, in such manner, and containing such
(F) other relevant demographic informa-
have an application approved under section
information as the State educational agency
tion concerning such expected participants;
113, the Commission may make grants di-
(or the Commission) shall reasonably re-
and
rectly to local applicants. The Commission
quire. Each such application shall-
(G) assurances that participants in the
shall apply the criteria described in section
(A) contain a written agreement, between
program will be provided with information
114 in evaluating such local applications.
the institution with which participants are
concerning VISTA, the Peace Corps (as es-
affiliated and one or more representatives
SEC. 113. STATE APPLICATION.
tablished by the Peace Corps Act (22 U.S.C.
of the community or education institution
To be eligible to receive a grant under this
2501 et seq.)), chapter 30 of title 38, United
where service opportunities will be provided,
subtitle a State, acting through the State
States Code, chapter 106 of title 10, United
stating that the program was jointly devel-
educational agency, shall prepare and
States Code, full-time Youth Service Corps
oped by the parties and that the program
submit, to the Commission, an application
and National Service programs receiving as-
will be jointly executed by the parties;
at such time. in such manner, and contain-
sistance under this title, and other service
(B) establish and specify the membership
ing such information as the Commission
options and their benefits (such as student
and role of an advisory committee that shall
shall reasonably require, including a de-
loan deferment and forgiveness) as appro-
consist of representatives of community
scription of the manner in which-
priate.
agencies, service recipients, youth serving
(1) local applications will be ranked by the
(4) PARTNERSHIP PROGRAM:-If an-applicant
agencies, youth, parents, teachers, adminis-
State according to the criteria described in
under this section intends to operate a part-
trators, school board members, labor, and
section 114, and in a manner that ensures
nership program, in addition to the infor-
business, one-half of which shall be selected
the equitable treatment of local applica-
mation required to be included in the appli-
by the community partner and one-half of
tions submitted by both educational and
cation under paragraph (2), such applicant
which shall be selected by the education in-
non-educational institutions;
shall describe the students who are to be as-
stitution;
(2) service programs within the State will
sisted through such program. including the
(C) describe the goals of the program
be coordinated;
which shall include goals that are quantifi-
ages and grade levels of such students.
(3) cooperative efforts among education
able, measurable, and demonstrate any ben-
(b) APPROVAL.-
institutions, local government agencies,
efits that flow from the program to the par-
(1) YOUTH COMMUNITY SERVICE PROGRAMS.-
community-based agencies, businesses, and
The State educational agency, or the Com-
ticipants and the community:
State agencies to provide service opportuni-
(D) describe the service opportunities to
mission if subsection (a)(1)(A)(i) applies,
ties, including those that involve the partici-
be provided under the program:
shall approve applications submitted by en-
pation of urban, suburban, and rural youth
(E) describe the manner in which the par-
tities under this section that intend to oper-
working together, will be encouraged;
ticipants in the program will be recruited,
ate youth community service programs, only
(4) economically and educationally disad-
including any special efforts that will be uti-
if such applications meet the applicable re-
vantaged youths, including individuals with
lized to recruit out-of-school youth with the
quirements of subsection (a) and describe
handicapping conditions, youth with limited
assistance of community-based agencies;
programs that provide-
basic skills or learning disabilities, and
(F) describe the manner in which partici-
(A) an age-appropriate learning compo-
youth who are in foster care, are assured of
pants in the program were or will be in-
nent to enable participants to reflect on
service opportunities:
volved in the design and operation of the
service experiences;
(5) service programs that receive assist-
(B) preservice and inservice training for
program;
ance under this subtitle will be evaluated;
(G) state the name, if available, qualifica-
both supervisors and participants involving
(6) programs that receive assistance under
tions, and responsibilities of the coordinator
representatives of the community where
this subtitle will serve urban and rural areas
of the program assisted under this subtitle:
service opportunities will be provided; and
February 27, 1990
CONGRESSIONAL RECORD
S1675
(C) evidence that participants in the pro-
provided under this subtitle in each fiscal
(c) SPECIFIC CONTENT.-To receive a grant
gram will make a sustained commitment to
year for costs associated with administra-
under this subtitle to directly conduct a
the service project.
tion, including training. technical assist-
youth service corps program, each applicant
(2) ADULT VOLUNTEER AND PARTNERSHIP PRO-
ance, curriculum development, and coordi-
shall include in the application submitted
GRAMS.-The State educational agency, or
nation activities.
under subsection (a)-
the Commission if subsection (a)(1)(A)(ii)
(2) ADULT VOLUNTEER AND PARTNERSHIP PRO-
(1) a comprehensive description of the ob-
applies, shall approve applications submit-
GRAMS.-A State shall use not to exceed 10
jectives and performance goals for the pro-
ted by entities under this section that
percent of the amounts provided under this
gram to be conducted, a plan for managing
intend to operate adult volunteer and part-
subtitle in each fiscal year to carry out
and funding the program, and a description
nership programs, only If such applications
adult volunteer and partnership programs.
of the types of projects to be carried out, in-
meet the applicable requirements of subsec-
(b) LOCAL APPLICANTS.-Local applicants
cluding a description of the types and dura-
tion (a) and describe programs that pro-
may use assistance provided under this sub-
tion of training and work experience to be
vide-
title for supervision of participants, pro-
provided by such program;
(A) preservice and inservice training for
gram administration, training, reasonable
(2) a plan for the certification of the
both supervisors and adult volunteers in the
transportation costs, insurance, and other
training skills acquired by participants and
program; and
reasonable expenses.
the awarding of academic credit to partici-
(B) opportunities for adult volunteers in
(c) STIPENDS.-Assistance provided under
pants for competencies developed through
the program to work with at-risk children or
this subtitle shall not be used to pay any sti-
training programs or work experience ob-
their teachers.
pend, allowance, or other financial support
tained under this subtitle;
(c) PRIORITY.-
to any participant except to reimburse such
(3) an age appropriate learning compo-
(1) IN GENERAL-In providing assistance
participant for costs associated with trans-
nent for participants that includes proce-
under to this subtitle, the State educational
portation, meals, and other reasonable out-
dures that permit participants to reflect on
agency, or the Commission if subsection
of-pocket expenses incident to participation
(a)(1)(A)(i) applies, shall give priority to ap-
in a program assisted under this subtitle.
service experiences;
(4) an estimate of the number of partici-
plications that contain a description-
Subtitle C-American Conservation and Youth
pants and crew leaders necessary for the
(A) of programs that involve participants
Corps
proposed program, the length of time that
in the design and operation of the program;
SEC. 120. SHORT TITLE.
the services of such participants and crew
(B) of programs that are in the greatest
This subtitle may be cited as the "Ameri-
leaders will be required, the support services
need of assistance, such as programs target-
can Conservation and Youth Service Corps
that will be required for such participants
ing low-income areas;
Act of 1990".
and crew leaders, and a plan for recruiting
(C) of programs that involve individuals of
SEC. 121. GENERAL AUTHORITY.
such participants, including educationally
different ages, races, sexes, ethnic groups,
The Commission may make grants under
and economically disadvantaged youth,
disabilities, and economic backgrounds serv-
section 102 to States or local applicants, to
youth with limited basic skills or learning
ing together; and
the Secretary of Agriculture, to the Secre-
disabilities, youth with handicapping condi-
(D) in the case of applicants that are edu-
tary of the Interior, or to the Director of
tions, and youth who are in foster care:
cational institutions, of programs that are
ACTION for the creation or expansion of
(5) a list of requirements to be imposed on
integrated into the academic program.
full-time or summer youth service corps pro-
the sponsoring organizations of participants
(2) ADULT VOLUNTEER AND PARTNERSHIP PRO-
GRAM-In the case of an adult volunteer and
grams.
in the program, including a requirement
SEC. 122. ALLOCATION OF FUNDS.
that a sponsoring organization that invests
partnership program, the State educational
(a) COMPETITIVE GRANT.-The Commission
in a program that receives assistance under
agency, or the Commission if subsection
shall award grants under this subtitle on a
this subtitle, by making a cash contribution
(a)(1)(A)(i) applies, shall give priority to ap-
competitive basis to States or Indian tribes
or by providing free training to participants,
plications that contain a description of pro-
that have submitted applications under sec-
shall be given preference over a sponsoring
grams-
(A) that involve older Americans or par-
tion 123.
organization that does not make such an in-
(b) DIRECT GRANTS.-
vestment;
ents as adult volunteers;
(B) that involve a partnership between an
(1) IN GENERAL-In the case of a State
(6) a description of the manner of ap-
that does not apply for a grant under this
pointment and training of sufficient super-
educational institution and a private busi-
ness in the community:
subtitle or have an application approved
visory staff (including participants who
(C) that include a focus on drug and alco-
under section 123, the Commission may
have displayed exceptional leadership quali-
hol abuse prevention, school drop-out pre-
award grants directly to public or private
ties), who shall provide for other central
nonprofit agencies within such State.
elements of a youth corps, such as crew
vention, or nutrition; or
(2) EVALUATION.-The Commission shall
structure and a youth development compo-
(D) that will improve basic skills and
apply the criteria described in section 123 in
nent;
reduce illiteracy.
determining whether to award a grant to
(7) a description of a plan to ensure the
SEC. 115. LIMITATIONS ON USE.
such local applicants.
on-site presence of knowledgeable and com-
(a) REQUIREMENT FOR LOCAL APPLICANTS.-
(c) LIMITATION.-
petent supervisory personnel at program fa-
Assistance provided under this subtitle shall
(1) CAPITAL EQUIPMENT.-Not to exceed 10
eflities;
not be used by a local applicant to pay in
percent of the amount of assistance made
(8) a description of the facilities. quarters
excess of-
available to a program agency under this
and board (in the case of residential facili-
(1) 80 percent of the costs of programs
subtitle shall be used for the purchase of
ties), limited and emergency medical care,
that receive assistance under this subtitle
major capital equipment.
transportation from administrative facilities
for the first year in which the applicant re-
(2) ADMINISTRATIVE EXPENSES.-Not to
to work sites, and other appropriate serv-
celves assistance under this subtitle; and
exceed 15 percent of the amount of assist-
ices, supplies, and equipment that will be
(2) 70 percent of the costs of programs
ance made available to a program agency
provided by such applicant;
that receive assistance under this subtitle
under this subtitle shall be used for admin-
(9) a description of the basic standards of
for the second year in which the applicant
istrative expenses.
work requirements, health, nutrition, sani-
receives assistance under this subtitle.
SEC. 123. STATE APPLICATION.
tation, and safety, and the manner that
(b) PAYMENT BY LOCAL APPLICANT.-
(a) SUBMISSION.-To be eligible to receive
such standards shall be enforced:
(1) NON-FEDERAL SOURCES.-That portion
a grant under this subtitle, a State or Indian
(10) a description of the plan to assign
of the costs of programs that receive assist-
tribe (or a local applicant if section 122(b)
participants to facilities as near to the
ance under this subtitle that are to be paid
applies) shall prepare and submit, to the
homes of such participants as is reasonable
by a local applicant from sources other than
Commission, an application at such time, in
and practicable;
Federal funds may be paid in cash or in kind
such manner, and containing such informa-
(11) an assurance that, prior to the place-
(fairly evaluated).
tion as the Commission may reasonably re-
ment of a participant under this subtitle,
(2) PRIVATE PROFITMAKING ORGANIZA-
quire, including the information required
the program agency will consult with any
TIONS.-If that portion of the costs of pro-
under subsection (b).
local labor organization representing em-
grams that receive assistance under this
(b) GENERAL CONTENT-An application
ployees in the area who are engaged in the
subtitle to be paid by a local applicant from
submitted under subsection (a) shall de-
same or similar work as that proposed to be
sources other than Federal funds are paid
scribe-
carried out by such program: and
by private profitmaking organizations, sub-
(1) any youth service corps program pro-
(12) such other information as the Com-
section (a) shall be applied by substituting-
posed to be conducted directly by such ap-
mission shall require.
(A) "85 percent" for "80 percent"; and
plicant with assistance provided under this
(d) GRANT PROGRAM-To be eligible to re-
(B) "75 percent" for "70 percent".
subtitle; and
celve a grant under this subtitle, a State
SEC. 116. USE OF FUNDS.
(2) any grant program proposed to be con-
shall establish and implement a program to
(a) STATES.-
ducted by such State with assistance provid-
make grants to applicants within the State
(1) ADMINISTRATION.-A State shall use
ed under this subtitle for the benefit of enti-
pursuant to subsection (b)(2) and, in the ap-
not to exceed 20 percent of the amounts
ties within such State.
plication submitted under subsection (a),
1676
CONGRESSIONAL RECORD SENATE
February 27, 1990
such State shall describe the manner in
basic repairs to low-income housing. energy
(1) REQUIREMENT.-Each program agency
which-
conservation (Including solar energy tech-
shall use not less than 10 percent of the as-
(1) local applicants will be evaluated:
niques), removal of architectural barriers to
sistance made available to such agency
(2) service programs within the State will
access by handicapped individuals to public
under this subtitle in each fiscal year to pro-
be coordinated;
facilities, and conservation, maintenance, or
vide pre-service and in-service training and
(3) economically and educationally disad-
restoration of natural resources on publicly
educational materials and services for par-
vantaged youth, including youth with
held lands; and
ticipants in such a program. Program par-
handicapping conditions, youth with limited
(F) any other nonpartisan civic activities
ticipants shall be provided with information
basic skills or learning disabilities. and
and services that the Commission deter-
concerning the benefits to the community
youth in foster care, will be recruited:
mines to be of a substantial social benefit in
that result from the activities undertaken
(4) programs that receive assistance under
meeting unmet human. educational, or envi-
by such participants.
this subtitle will be evaluated;
ronmental needs (particularly needs related
(2) AGREEMENTS FOR ACADEMIC STUDY.-A
(5) the State will encourage cooperation
to poverty) or in the community where vol-
program agency may enter into arrange-
among programs that receive assistance
unteer service is to be performed: or
ments with academic institutions or educa-
under this subtitle and the appropriate
(3) encompass the focuses and services de-
tion providers. including-
State job training coordinating council es-
scribed in both paragraphs (1) and (2).
(A) local education agencies;
tablished under the Job Training and Part-
(b) INELIGIBLE SERVICE CATEGORIES.-To be
(B) community colleges;
nership Act (29 U.S.C. 1501 et seq.);
eligible to receive assistance under this sub-
(C) 4-year colleges;
(6) such State will certify the training
title. the activities conducted through pro-
(D) area vocational-technical schools; and
skills acquired by each participant and the
grams referred to in subsection (a) shall not
(E) community based organizations:
credit provided to each participant for com-
be conducted by any-
to evaluate the basic skills of participants
petencies developed through training pro-
(1) business organized for profit;
and to make academic study available to
grams or work experience obtained under
(2) labor union:
participants to enable such participants to
programs that receive assistance under this
(3) partisan political organization:
upgrade literacy skills. to obtain high school
subtitle; and
(4) organization engaged in religious ac-
diplomas or the equivalent of such diplo-
(7) prior to the placement of a participant
tivities. unless such activities do not involve
mas, to obtain college degrees or to en-
under this subtitle. the State will ensure
any religious functions; or
hance employable skills.
that program agencies consult with each
(5) domestic or personal service company
(3) COUNSELING-Career and educational
local labor organization representing em-
or organization.
guidance and counseling shall be provided
ployees in the area who are engaged in the
(c) LIMITATION ON SERVICE-No partici-
to a participant during a period of in-service
same or similar work as the work that is
pant shall perform services in any project
training as described in this subsection.
proposed to be carried out by such program.
for more than a 1-year period
(4) PRIORITY FOR PARTICIPANTS WITHOUT
SEC. 124. FOCUS OF PROGRAMS.
SEC. 125. RELATED PROGRAMS.
HIGH SCHOOL DIFLOMAS.-A program agency
(a) IN GENERAL-ProgTamS that receive as-
An activity administered under the au-
shall give priority to participants who have
sistance under this subtitle may carry out
thority of the Secretary of Health and
not obtained a high school diploma or the
ctivities that-
Human Services, that is operated for the
equivalent of such diploma. in providing
(1) in the case of conservation corps pro-
same purpose as a program eligible to be
services under this subsection.
grams, focus on-
carried out under this subtitle, is encour-
(d) POST-SERVICE EDUCATION AND TRAINING
(A) conservation, rehabilitation, and the
aged to use services available under this sub-
ASSISTANCE-
improvement of wildlife habitat, rangelands,
title.
(1) USE OF FUNDS.-A program that re-
parks. and recreational areas:
SEC. 126. PUBLIC LANDS OR INDIAN LANDS
ceives assistance under this subtitle shall
(B) urban revitalization. historical and
(a) LIMITATION.-To be eligible to receive
use not less than 10 percent of such assist-
cultural site preservation. rural revitaliza-
tion, and reforestation of both urban and
assistance through a grant provided under
ance to comply with the requirements of
rural areas;
this subtitle, a program shall carry out ac.
section 131 for post-service education and
tivities on public lands or Indian lands, or
training assistance.
(C) fish culture. wildlife habitat mainte-
nance and improvement. and other fishery
result in a public benefit.
(2) ACTIVITIES-The activities conducted
(b) Review OF APPLICATIONS.-In review-
under this section may include activities
assistance;
ing applications submitted under section 123
available to an eligible participant under in-
(D) road and trail maintenance and im-
provement:
that propose programs or projects to be car-
service education and training. assistance
(E) erosion. flood, drought. and storm
ried out on public lands or Indian lands. the
programs. career and vocational counseling.
Commission shall consult with the Secre-
assistance in entering a program under the
damage assistance and controis;
tary of the Interior.
Job Training Partnership Act (29 U.S.C.
(F) stream. lake, waterfront harbor. and
(c) CONSISTENCY.-A program carried out
1501 et seq.), and assistance for other activi-
port improvement:
(G) wetlands protection and pollution con-
with assistance provided under this subtitle
ties considered appropriate for such partici-
trol;
for conservation. rehabilitation, or improve-
pant by the appropriate program agency
ment of any public lands or Indian lands
and the Commission.
(H) insect. disease. rodent. and fire pre-
vention and control;
shall be consistent with-
(e) STANDARDS AND PROCEDURES.-
(1) the provisions of law and policies relat-
(1) CONSISTENCY WITH STATE AND LOCAL RE-
(I) the improvement of abandoned rail-
ing to the management and administration
QUIREMENTS.-Appropriate State and local
road beds and rights-of-way;
(J) energy conservation projects. renew-
of such lands. and all other applicable provi-
officials shall certify that standards and
able resource enhancement. and recovery of
sions of law; and
procedures with respect to the awarding of
(2) all management. operational, and
academic credit and the certification of edu-
biomess:
(K) reclamation and improvement of
other plans and documents that govern the
cational attainment in programs conducted
administration of such lands.
under subsection (c) are consistent with the
strip-mined land;
(L) forestry. nursery, and cultural oper-
(d) RESERVATION.-The Commission shall
requirements of applicable State and local
ations: and
reserve not to exceed 5 percent of the
law and regulations.
(M) making public facilities accessible to
amounts appropriated in each fiscal year
(2) ACADEMIC STANDARDS.-The standards
individuals with disabilities.
under section 401(a)(2) to make grants
and procedures described in paragraph (1)
(2) in the case of human services corps
under this subtitle for Federal disaster
shall provide that an individual serving in a
programs, include participant service in-
relief programs.
program that receives assistance under this
(A) State, local, and regional governmen-
SEC. 127. TRAINING AND EDUCATION SERVICES.
subtitle-
(A) who is not a high school graduate.
tal agencies:
(a) ASSESSMENT OF Skills.-Each program
(B) nursing homes, hospices. senior cen-
participate in an educational curriculum so
agency shall assess the educational level of
ters, hospitals. local libraries. parks. recre-
that such individual can earn a high school
participants at the time of their entrance
ational facilities. day care centers, programs
diploma or the equivalent of such diploma;
into the program. using any available
serving individuals with handicapped condi-
and
records or simplified assessment means or
tions. and schools;
(B) may arrange to receive academic
methodology and shall, where appropriate,
credit in recognition of the education and
(C) law enforcement agencies. and penal
refer such participants for testing for specif-
and probation systems:
skills obtained from service satisfactorily
ic learning disabilities.
(D) private nonprofit organizations that
completed.
(b) ENHANCEMENT OF Skills.-Each pro-
primarily focus on social service;
fram agency shall, through the programs
SEC. 128. AMOUNT OF AWARD.
(E) activities that focus on the rehabilita-
and activities administered under this sub-
In determining the amount of a grant to
tion or improvement of public facilitles.
title, enhance the educational skills of par-
be awarded to an applicant under this sub-
neighborhood improvements. literacy train-
ticipants.
title, the Commission shall consider-
ing that benefits educationally disadvan-
(c) PROVISION OF PRE-SERVICE AND IN-SERV-
(1) the number of the unemployed youth
taged individuals, weatherization of and
ICE TRAINING AND EDUCATION.-
population of the area to be served; and
February 27, 1990
CONGRESSIONAL RECORD SENATE
S 1677
(2) the type of project or service proposed
ters, and board and shall provide limited
of the government" as defined in section
to be carried out with the amounts appro-
and emergency medical care, transportation
2671 of such title.
priated under section 401(a)(2).
from administrative facilities to work sites,
(4) ALLOWANCE FOR QUARTERS.-For pur-
8EC. 129. PREFERENCE FOR CERTAIN PROJECTS.
and other appropriate services, supplies. and
poses of section 5911 of title 5, United
In the consideration of applications sub-
equipment to each participant.
Etates Code, relating to allowances for quar-
mitted under section 123, the Commission
(e) GUIDANCE AND PLACEMENT.-
ters, a participant or crew leader shall be
shall give preference to programs that-
(1) IN GENERAL-Each program agency
considered an employee of the United
(1) will provide long-term benefits to the
shall provide such job and educational guid-
States within the meaning of the term "em-
public:
ance and placement Information and assist-
ployee" as defined in paragraph (3) of sub-
(2) will instill a work ethic and a sense of
ance for each participant as п.ау be neces-
section (a) of such section.
public service in the participants;
sary, including referrals of sucl. participants
(3) will be labor intensive, and involve
Subtitle D-National and Community Service
to organizations where such participants
youth operating in crews:
may receive basic skills training or be tested
B&C 140. SHORT TITLE
(4) can be planned and initiated promptly:
and receive services for specific learning dis-
This subtitle may be cited as the "Nation-
and
abilities.
al and Community Service Act".
(5) will enhance skills development and
(2) COORDINATION WITH OTHER ENTITES.-
SEC. 141. GENERAL AUTHORITY.
educational level and opportunities for the
Assistance under paragraph (1)ahall be pro-
participants.
The Commission may make grants under
vided in coordination with appropriate
BEC. 130. AGE AND CITIZENSHIP CRITERIA FOR EN.
section 102 to States for the creation of full-
State, local, and private agencies and orga-
ROLLMENT.
and part-time national and community serv-
nizations.
Enrollment in programs that receive as-
Ice programs.
sistance under this subtitle shall be limited
SEC. 133. JOINT PROGRAMS.
SEC. 142 GRANTS
to individuals who, at the time of enroll-
(a) DEVELOFMENT.-The Commission may
(a) TERM OF GRANT-The term of a grant
ment. are-
develop, in cooperation with the heads of
awarded under section 141 shall not extend
(1) not less than 16 years nor more than
other Federal agencies, regulations designed
beyond September 30, 1991.
25 years of age, except that summer pro-
to permit, where appropriate, joint pro-
(b) CRITERIA FOR RECEIVING APPLICA-
grams may include individuals not less than
grams in which activities supported with as-
TIONS.-In determining whether to award a
15 years nor more than 21 years of age at
sistance made available under this subtitle
grant to a State under section 141, the Com-
the time of the enrollment of such individ-
are coordinated with activities supported
mission shall consider-
uais; and
with assistance made available under pro-
(1) the ability of the proposed program of
(2) citizens or nationals of the United
grams administered by the heads of such
such State to serve as an effective model for
States (including those citizens of the Fed-
agencies (including the Job Training Part-
a large-scale national service program:
erated States of Micronesia, the Republic of
nership Act (29 U.S.C. 1501 et seq.)).
(2) the quality of the application of such
the Marshall Islands. and Palau) or lawful
(b) STANDARDE.-Regulations promulgated
State, including the plan of such State for
permanent resident aliens of the United
under subsection (a) shall establish stand-
States.
ards for the approval of joint programs that
training. recruitment. placement. and data
collection:
SEC. 131. POST-SERVICE BENEFITS.
meet both the purposes of this title and the
(3) the extent that the proposed program
The program agency shall provide Dost-
purposes of such statutes under which as-
builds on existing programs: and
service education and training benefits
sistance is made available to support such
(4) the expediency with which the State
(such as scholarships and grants) for each
projects.
proposes to make the program operational.
participant in an amount that is not in
SEC. 134. FEDERAL AND STATE EMPLOYEE STATUS.
(c) DIVERSITY.-The Commission shall
excess of $100 per week, or in excess of
(a) IN GENERAL-Particlpants and crew
ensure that programs receiving assistance
$5,000 per year, whichever is less.
leaders shall be responsible to. or be the re-
under this subtitle are geographically di-
SEC. 132 LIVING ALLOWANCE
sponsibility of. the program agency adminis-
verse and include programs in both urban
(a) FULL-TIME SERVICE-
tering the program on which such particl-
and rural States.
(1) IN GENERAL-From assistance provided
pants, crew leaders. and volunteers work.
(d) ALTERNATIVE VOUCHER OPTION LIMIT-
under this subtitle, each participant in a
(b) NON-FEDERAL EMPLOYEES.-
kn.-The Commission shall ensure that not
full-time youth service corps program that
(1) IN GENERAL-Except as otherwise pro-
to exceed 25 percent of States receiving a
receives assistance under this subtitle shall
vided in this subsection. a participant or
grant under section 141 are authorized to
receive a living allowance of not more than
crew leader in a program that receives as-
exercise the alternative voucher authorized
an amount equal to 100 percent of the pov-
sistance under this subtitle shall not be con-
under section 146(e)(3).
erty line for a family of two (as defined in
sidered a Federal employee and shall not be
(e) COMPOSITION OF PROGRAMS.-The Com-
section 673(2) of the Community Services
subject to the provisions of law relating to
mission shall ensure that not less than 25
Block Grant Act (42 U.S.C. 9902(2))).
Federal employment.
percent of the programs that receive assist-
(2) NON-FEDERAL SOURCES.-Notwithstand-
(2) WORK-RELATED INJURY.-For purposes
ance under this subtitle include full-time,
ing paragraph (1), a program agency may
of subchapter I of chapter 81 of title 5,
part-time and special senior service partici-
provide participants with additional
United States Code. relating to the compen-
pants.
amounts that are made available from non-
sation of Federal employees for work inju-
(f) STATE APPLICATION FOR GRANT.-To re-
Federal sources.
ries, a participant or crew leader serving in a
celve a grant under section 141, a State shall
(b) REDUCTION IN EXISTING PROGRAM BENE-
program that receives assistance under this
prepare and submit, to the Commission, an
FITS.-Nothing in this section shall be con-
subtitle shall be considered an employee of
application at such time. in such manner.
strued to require a program in existence on
the United States within the meaning of the
and containing such information as the
the date of enactment of this Act to de-
term "employee" as defined in section 8101
Commission may reasonably require, includ-
crease any stipends. salaries. or living allow-
of title 5. United States Code, and the provi-
ing-
ances provided to participants under such
sion of that subchapter shall apply.
(1) a description of the State administra-
program.
except-
tive plan for the implementation of a pro-
(c) HEALTH INSURANCE-In addition to the
(A) the term "performance of duty". as
gram with assistance provided under this
living allowance provided under subsection
used in such subchapter. shall not include
subtitle, including such functions. If any.
(a), program agencies are encouraged to pro-
an act of a participant or crew leader while
that will be carried out by public and pri-
vide health insurance to each participant in
absent from the assigned post of duty of
vate nonprofit organizations pursuant to a
a full-time youth service corps program who
such participant or crew leader, except
grant or contract;
does not otherwise have access to health in-
while participating in an activity authorized
(2) a description of the manner in which
surance.
by or under the direction and supervision of
an ethnically and economically diverse
(d) FACILITIES. SERVICES. AND SUPPLIES-
a program agency (including an activity
group of participants, including economical-
(1) IN GENERAL-The program agency may
while on pass or during travel to or from
ly and educationally disadvantaged individ-
deduct, from amounts provided under sub-
such post of duty); and
uals, college-bound youth, individuals with
sections (a) and (c) to a participant, a rea-
(B) compensation for disability shall not
handicapping conditions, youth in foster
sonable portion of the costs of the rates for
begin to accrue until the day following the
care. and employed individuals. shall be re-
any room and board that is provided for
date that the employment of the injured
cruited and selected for participation in a
such participant at a residential facility.
participant or crew leader is terminated.
program receiving assistance under this sub-
(2) EVALUATION.-The program agency
(3) TORT CLAIMS PROCEDURE-For purposes
title;
shall establish the amount of the deduc-
of chapter 171 of title 28, United States
(3) a description of the procedures for
tions and rates under paragraph (1) after
Code, relating to tort claims procedure, a
training supervisors and participants and
evaluating the costs of providing such room
participant or crew leaders assigned to a
for supervising and organizing participants
and board to the participant.
youth service corps program shall be consid-
in such program:
(3) DUTIES OF PROGRAM AGENCY.-A pro-
ered an employee of the United States
(4) a description of the procedures to
gram agency may provide facilities, quar-
within the meaning of the term "employee
ensure that the program provides partici-
1678
CONGRESSIONAL RECORD SENATE
February 27, 1990
pants with an opportunity to reflect on
(2) human service, such as-
(2) has received a high school diploma or
their service experience;
(A) service in hospitals, hospices, clinics,
the equivalent of such diploma, or agrees to
(5) a description of the geographical areas
community health centers, public health or-
achieve a high school diploma or the equiva-
within such State in which the program
ganizations, facilities serving individuals
lent of such diploma while participating in
would be operated to provide the optimum
with acquired immune deficiency syndrome,
the program: and
match between the need for services and
homes for elderly individuals, programs
(3) is a citizen of the United States or law-
the anticipated supply of participants;
serving individuals with handicapping condi-
fully admitted for permanent residence.
(6) a description of the plan for placing
tions, and child-care programs; and
(c) SPECIAL SENIOR SERVICE-An individual
such participants in teams or making indi-
(B) service in programs to assist elderly,
may serve as a special senior service member
vidual placements in such program;
disabled, poor, and homeless individuals, in-
under this subtitle if such individual-
(7) assurances that, prior to such place-
cluding programs to build, restore, and
(1) is 60 years of age or older; and
ment, the State will consult with any local
maintain housing for poor or homeless indi-
(2) meets the eligibility criteria for special
labor organization representing employees
viduals and self-help programs;
senior service membership established by
in the area who are engaged in the same or
(3) environmental service, such as service
the Commission.
similar work as that proposed to be carried
in programs to conserve, recycle, maintain,
SEC. 146. VOUCHERS.
out by such program;
and restore natural resources in urban and
(a) PART-TIME.-
(8) assurances that, prior to such place-
rural environments, to provide recreational
(1) IN GENERAL-Subject to subsection (d),
ment, such State will consult with employ-
opportunities, and to encourage community
the Commission shall annually provide to
ees at the proposed project site who are en-
betterment or beautification;
each part-time participant a non-transferra-
gaged in the same or similar work as that
(4) public safety service, including place-
ble voucher that is equal in value to $2,000
proposed to be carried out by such program:
ment with police and fire departments,
for each year of service that such partici-
(9) a description of the anticipated
courts, the border patrol, and prisons; and
pant provides to the program.
number of full- and part-time participants
(5) in the case of special senior service
(2) WAIVER.-A State may apply for a
and special senior service members in such
members, service to assist a State in admin-
waiver to reduce the amount of a voucher
program:
istering a program, including mentoring, su-
provided under paragraph (1) to an amount
(10) a plan for the recruitment and seleo-
pervision, and other functions.
that is equal in value to not less than the
tion of sponsoring organizations that will re-
average annual tuition and required fees at
ceive participants under programs that re-
BEC. 144. TERMS OF SERVICE.
4-year public institutions of higher educa-
ceive assistance under this subtitle;
(a) LENGTH OF SERVICE.-
tion within such State.
(11) a description of the procedures for
(1) PART-TIME.-An individual performing
(3) CONSTRUCTION.-Nothing in this sub-
matching such participants with such spon-
part-time national service under this sub-
section shall be construed to prevent a State
soring organizations;
title shall agree to perform community serv-
from using funds made available from non-
(12) a description of the procedures to be
ice for not less than 2 years.
Federal sources to increase the amount of a
used to assure that sponsoring organizations
(2) FULL-TIME.-An individual performing
voucher provided under paragraph (1) to an
that are not matched with participants shall
full-time national service under this subtitle
amount in excess of that described in such
be provided with information concerning
shall agree to perform community service
paragraph.
the VISTA program and the programs es-
for not less than 1 year nor more than 2
(b) FULL-TIME-
tabitshed under title II of the Domestic Vol-
years, at the discretion of such individual.
(1) IN GENERAL-Subject to subsection (d),
unteer Service Act of 1973 (42 U.S.C. 5001 et
(3) SPECIAL SENIOR SERVICE-A special
the Commission shall annually provide to
seq.);
senior service participant performing na-
each full-time participant a non-transferra-
(13) the State budget for the program;
tional service under this subtitle shall serve
ble voucher that is equal in value to $5,000
(14) a description of whether the State de-
for a period of time as determined by the
for each year of service that such partici-
sires to exercise the voucher alternative
Commission.
pant provides to the program.
option authorized under section 146(e)(3);
(b) PARTIAL COMPLETION OF SERVICE-If
(2) WAIVER.-A State may apply for a
(15) a plan for evaluating the program
the State releases a participant from com-
waiver to reduce the amount of a voucher
and assurances that such State will fully co-
pleting a term of service in a program re-
provided under paragraph (1) to an amount
operate with any evaluation undertaken by
ceiving assistance under this subtitle for
that is equal in value to not less than the
the Commission pursuant to section 178;
compelling personal circumstances as dem-
average annual tuition, required fees, and
and
onstrated by such participant, the Commis-
room and board costs at 4-year public insti-
(16) any other information as the Com-
sion may provide such participant with that
tutions of higher education within such
mission may reasonably require.
portion of the financial assistance described
State.
(g) NUMBER OF STATES.-
in section 146 that corresponds to the quan-
(3) CONSTRUCTION.-Nothing in this sub-
(1) IN GENERAL-The Commission shall
tity of the service obligation completed by
section shall be construed to prevent a State
ensure that not more than five States are
such individual.
from using funds made available from non-
authorized to operate full-time programs
(c) TERMS OF SERVICE.-
Federal sources to increase the amount of a
and not more than five States are author-
(1) PART-TIME-A participant performing
voucher provided under paragraph (1) to an
ized to operate part-time programs in fiscal
part-time national service under this sub-
amount in excess of that described in such
year 1991 under this subtitle.
title shall serve for-
paragraph.
(2) SINGLE PROGRAM.-For purposes of this
(A) 2 weekends each month and 2 weeks
(c) SPECIAL SENIOR SERVICE PARTICIPANT.-
paragraph (1), a State operating a single na-
during the year; or
A special senior service participant shall be
tional service program with both full- and
(B) an average of 8 hours per week each
ineligible to receive a voucher under this
part-time options shall be counted as a
year of service.
section.
State operating a full-time program and a
(2) FULL-TIME-A participant performing
(d) INDEXING.-The Commission shall in-
State operating a part-time program.
full-time national service under this subtitle
crease the value of vouchers provided under
(3) COOPERATIVE ARRANGEMENT.-For pur-
shall serve for not less than 40 hours per
this section in each fiscal year based on the
poses of this paragraph (1), a State operat-
week each year of service.
increase in the costs associated with attend-
ing a national service program involving a
(3) SPECIAL SENIOR SERVICE-A special
ing a 4-year institution of higher education
cooperative arrangement with a multi-State
senior service participant performing na-
during that fiscal year. The Commission
organization or with sites in more than one
tional service under this subtitle shall serve
shall determine such increases in costs
State shall be counted as a single State.
either part- or full-time as permitted by the
based on information made available by the
SEC. 143. TYPES OF NATIONAL SERVICE.
Commission.
Bureau of Labor Statistics and the National
(a) IN GENERAL.-A participant in a pro-
SEC. 145. ELIGIBILITY.
Center for Education Statistics.
gram that receives assistance under this
(a) PART-TIME.-
(e) USE OF VOUCHER.-
subtitle shall perform national service to
(1) REQUIREMENTS.-An individual may
(1) PART-TIME-A voucher provided under
meet unmet educational, human, environ-
serve in a part-time national service pro-
subsection (a) shall only be used for-
mental, and public safety needs, especially
gram under this subtitle if such individual-
(A) payment of a student loan from Feder-
those needs relating to poverty.
(A) is 17 years of age or older: and
al or non-Federal sources:
(b) TYPES OF NATIONAL SERVICE.-National
(B) is a citizen of the United States or law-
(B) downpayment or closing costs associat-
service performed under subsection (a) may
fully admitted for permanent residence.
ed with purchasing a first home:
include-
(2) PRIORITY.-In selecting applicants for
(C) downpayment, closing costs, or other
(1) educational service, such as service in
a part-time program, States shall give prior-
costs associated with purchasing a small
literacy programs, the Head Start program
ity to applicants who are currently em-
business concern: or
(as established under the Head Start Act (42
ployed.
(D) tuition at an institution of higher edu-
U.S.C. 9831)) and other early childhood edu-
(b) FULL-TIME.-An individual may serve in
cation on a full-time basis, or to pay the ex-
cation programs, tutorial assistance, and
a full-time national service program under
penses incurred in the full-time participa-
service in schools, libraries, and adult educa-
this subtitle if such individual-
tion in an apprenticeship program approved
tion centers;
(1) is 17 years of age or older;
by the appropriate State agency.
February 27, 1990
CONGRESSIONAL RECORD SENATE
S1679
(2) FULL-TIME-A voucher provided under
(1) IN GENERAL-Each participant shall re-
(5) a description of the procedures to
subsection (b) shall only be used for-
ceive 3 weeks of training provided by the
ensure that the proposed program provides
(A) payment of a student loan from Feder-
Commission in cooperation with the State.
participants with an opportunity to reflect
al or non-Federal sources;
(2) CONTENTS OF TRAINING SESSION.-Each
on their service experiences;
(B) downpayment or closing costs associat-
training session described in paragraph (1)
(6) a description of any stipend or benefit
ed with purchasing a first home;
shall-
that participants will receive, if any:
(C) downpayment. closing costs, or other
(A) orient each participant in the nature,
(7) an estimate of the anticipated number
costs associated with purchasing a small
philosophy. and purpose of the program;
of participants and the anticipated number
business concern; or
(B) build an ethic community service; and
of hours of service such participants will
(D) tuition, room and board, books and
(C) train each participant to effectively
perform:
fees, and other costs associated with attend-
perform the assigned program task of such
(8) a description of the State budget for
ance (pursuant to section 472 of the Higher
participant by providing-
the program:
Education Act of 1965 (20 U.S.C. 108711)) at
(i) general training in citizenship and civic
(9) assurances that, prior to the placement
an institution of higher education on a full-
and community service: and
of a participant in a project, the State will
time basis, or to pay the expenses incurred
(ii) if feasible, specialized training for the
consult with any local labor organization
in the full-time participation in an appren-
type of national service that each partici-
representing employees in the area who are
ticeship program approved by the appropri-
pant will perform.
engaged in the same or similar work as that
ate State agency.
(b) ADDITIONAL TRAINING.-Each State
proposed to be carried out by such project;
(3) ALTERNATIVE VOUCHER OPTION.-A State
may provide additional training for partici-
and
administering a full-time national service
pants as such State determines necessary.
(10) assurances that, prior to the place-
program under this subtitle may apply to
(c) AGENCY OR ORGANIZATION TRAINING.-
ment of a participant in a project, the State
the Commission for authorization to offer
Each participant shall receive training from
will consult with employees at the proposed
an alternative voucher option limiting the
the sponsoring organization in skills rele-
project site who are engaged in the same or
use of vouchers for education, housing. or
vant to the work to be conducted.
similar work as that proposed to be carried
costs associated with the purchase of a
SEC. 149. PUBLIC-PRIVATE PARTNERSHIP.
out by such project.
small business concern, including downpay-
The Commission shall consider and devel-
Subtitle F-Administrative Provisions
ment or closing costs.
op opportunities for cooperation between
(4) DEFINITION.-As used in this subsec-
public and private entities in the funding
SEC. 170. LIMITATION ON NUMBER OF GRANTS.
tion, the term "small business concern"
and implementation of a program receiving
(a) IN GENERAL-The Commission shall
shall have the same meaning given such
assistance under this subtitle, including
not award more than one grant during each
term in section 3(a)(1) of the Small Business
cost-sharing arrangements with sponsoring
fiscal year to each State under section 102.
Act (15 U.S.C. 632(a)(1)).
organizations.
(b) NUMBER OF APPLICATIONS.-In submit-
SEC. 150. IN-SERVICE EDUCATION BENEFITS.
ting applications for a grant under section
SEC. 147. LIVING ALLOWANCE.
(a) FULL-TIME SERVICE.-
Each State that receives assistance under
102, a State shall consolidate all of the ap-
(1) IN GENERAL-From assistance provided
this subtitle shall provide to each partici-
plications of such State for the conduct of
under this subtitle, each participant in a
pant enrolled in a full-time program in-serv-
programs under subtitles B through E, into
ice educational services and materials to
a single application that meets the require-
full-time national service program receiving
assistance under this subtitle shall receive a
enable such participant to obtain a high
ments of such subtitles.
living allowance of not more than an
school diploma or the equivalent of such di-
(c) MULTIPLE USE-A grant awarded under
amount equal to 100 percent of the poverty
ploma.
section 102 to a State may be used by the
Subtitle E-Innovative Service Programs
State in accordance with the applications
line for a family of two (as defined in sec-
consolidated, submitted, and approved
tion 673(2) of the Community Services
SEC. 160. GENERAL AUTHORITY.
under subtitles (B) through (E).
Block Grant Act (42 U.S.C. 9902(2))).
The Commission may make grants under
(2) NON-FEDERAL SOURCES.-Notwithstand-
section 102 to States for the creation of in-
SEC. 171. REPORTS.
ing paragraph (1), a program agency may
novative national and community service
(a) STATE REPORTS.-
provide participants with additional
programs.
(1) IN GENERAL-Each State receiving as-
amounts that are made available from non-
SEC. 161. GRANTS.
sistance under this title shall prepare and
Federal sources.
(a) CRITERIA FOR RECEIVING APPLICA-
submit, to the Commission, an annual
(b) REDUCTION IN EXISTING PROGRAM BENE-
TIONS.-In determining whether to award
report concerning the status of the national
FITS.-Nothing in this section shall be con-
grant to a State under section 160, the Com-
and community service programs that re-
strued to require a program in existence on
mission shall consider-
ceive assistance under such title in such
the date of enactment of this Act to de-
(1) the ability of the proposed program of
State.
crease any stipends, salaries, or living allow-
such State to serve as an effective model for
(2) LOCAL GRANTEES.-Each State may re-
ances provided to participants under such
other States;
quire local grantees that receive assistance
program.
(2) the quality of the application of such
under this title to supply such information
(c) HEALTH INSURANCE.-In addition to the
State, including the plan of such State for
to the State as is necessary to enable the
living allowance provided under subsection
training, recruitment, placement, and data
State to complete the report required under
(a), grantees are encouraged to provide
collection:
paragraph (1), including a comparison of
health insurance to each participant in a
(3) the extent that the proposed program
actual accomplishments with the goals es-
full-time national service program who does
builds on existing programs; and
tablished for the program, the number of
not otherwise have access to health insur-
(4) the degree to which the program re-
participants in the program. the number of
ance.
sponds to State and community human,
service hours generated, and the existence
(d) SPECIAL SENIOR SERVICE PARTICIPANT.-
educational, environmental and public
of any problems, delays or adverse condi-
(1) FULL-TIME.-Each full-time special
safety needs in an innovative manner.
tions that have affected or will affect the
senior service participant shall receive a
(c) STATE APPLICATION FOR GRANT.-To re-
attainment of program goals.
living allowance equal to the living allow-
ceive a grant under this subtitle, a State
(3) REPORT DEMONSTRATING COMPLIANCE.-
ance provided to full-time participants
shall prepare and submit, to the Commis-
(A) IN GENERAL-Each State receiving as-
under subsection (a), and such other assist-
sion, an application at such time, in such
sistance under this title shall include infor-
ance as the Commission considers necessary
manner, and containing such information as
mation in the report required under para-
and appropriate for a special senior service
the Commission may reasonably require, in-
graph (1) that demonstrates the compliance
participant to carry out the service obliga-
cluding-
of the State with the provisions of section
tion of such participant.
(1) a description of the proposed program
176 and 113(9).
(2) PART-TIME-Each part-time special
to be established with assistance provided
(B) LOCAL GRANTEES.-Each State may re-
senior service participant shall receive a
under the grant;
quire local grantees to supply such informa-
living allowance equal to a share of such al-
(2) a description of the human, education-
tion to the State as is necessary to enable
lowance offered to a full-time special senior
al. environmental or public safety service
the State to comply with the requirement of
service participant under paragraph (1),
that participants will perform and the State
paragraph (1).
that has been prorated according to the
or community need that will be addressed
(4) AVAILABILITY OF REPORT.-Reports sub-
number of hours such part-time participant
under such proposed program:
mitted under paragraph (1) shall be made
serves in the program. and such other assist-
(3) a description of the target population
available to the public on request.
ance that the Commission considers neces-
of participants and how they will be recruit-
(b) REPORT TO CONGRESS.-
sary and appropriate for a special senior
ed;
(1) IN GENERAL-Not later than 120 days
service participant to carry out the service
(4) a description of the procedure for
after the end of each fiscal year, the Com-
obligation of such participant.
training supervisors and participants and
mission shall prepare and submit, to the ap-
SEC. 148. TRAINING.
for supervising and organizing participants
propriate authorizing and appropriation
(a) PROGRAM TRAINING.-
in such proposed program:
Committees of Congress, a report concern-
S 1680
CONGRESSIONAL RECORD
February 27, 1990
ing the programs that receive assistance
(A) assistance provided under this title
(1) IN GUONERAL-Assistance provided under
under this title.
shall not be suspended for failure to comply
this title shall be used only for a program
(2) CONTENT-Reports submitted under
with the applicable terms and conditions of
that does not duplicate, and is in addition
paragraph (1) shall contain a summary of
this title except, to emergency situations, a
to. an activity otherwise available in the lo-
the information contained in the State re-
suspension may be granted for 30 days; and
cality of such program
ports submitted under subsection (a). and
(B) assistance provided under this title
(2) PRIVATE NONPROFIT ENTITY.-Assistance
shall reflect the findings and actions taken
shall not be terminated for failure to
made available under this title shall not be
as a result of any evaluation conducted by
comply with applicable terms and condi-
provided to a private nonprofit entity to
the Commission.
tions of this title unless the recipient of
conduct activities that are the same or sub-
SEC. 172. SUPPLEMENTATION.
such assistance has been afforded reasons.
stantially equivalent to activities provided
(a) IN GANERAL-Assistance provided under
ble notice and opportunity for a full and
by a State or local government agency that
this title shall be used to supplement the
fair hearing.
such entity resides in, unless the require-
level of State and local public funds expend-
(b) HEARINCS-Hearing or other meetings
ments of subsection (b) are met.
ed for services of the type assisted under
that may be necessary to fulfill the require-
(b) NONDISFLACEMENT.
this title in the previous fiscal year.
ments of this section shall be held at loca-
(1) La CENERAL-An employer shall not
(b) AGGREGATE KXFENDITURE-Subsection
Uons convenient to the recipient of assist-
displace an employee or position. including
(a) shall be satisfied, with respect to a par-
ance under this title.
partial displacement such as reduction in
ticular program, if the aggregate expendi-
(c) TRANSCRIPT OR RECORDING.-A tran-
hours. wages, or employment benefits, as a
ture for such program for the fiscal year in
script or recording shall be made of a hear-
result of the use by such employer of a par-
which services are to be provided will not be
ing conducted under this section and shall
Licipant in a program receiving assistance
less than the aggregate expenditure for
be available for Inspection by any individ-
under this title.
such program in the previous fiscal year. ex-
ual.
cluding the amount of Federal assistance
(d) STATE LEGISLATION.-Nothing in this
(2) SERVICE OFPORTUNTTIES.-A service op-
provided and any other amounts used to pay
title shall be construed to preclude the en-
portunity shall not be created under this
the remainder of the costs of programs as-
actment of State legislation providing for
title that will infringe in any manner on the
the implementation, consistent with this
promotional opportunity of an employed in-
sisted under this title.
dividual
SEC. 172. PROHIBITION ON USE OF FUNDS
title, of the programs administered under
this title.
(3) LIMITATION ON SERVICES.-
(a) IN GENERAL-Assistance provided under
this title shall not be used by program par-
(e) GRIEVANCE PROCEDURE
(A) DUPLICATION OF RERVICES.-A partici-
(1) IN GENERAL-State and local applicants
pant in a program receiving assistance
ticipants and program staff to
that receive assistance under this title shall
under this title shall not perform any serv-
(1) provide religious instruction. conduct
worship services. or engage in any form of
establish and maintain a procedure to adju-
Ices or duties or engage in activities that
would otherwise be performed by an em-
proselytization;
dicate grievances from participants. labor
(2) assist, promote, or deter union organiz-
organizations. and other interested individ-
ployee as part of the assigned duties of such
ing: and
uals concerning programs that receive as
employee.
(3) finance. directly or indirectly. any ac-
sistance under this utle, including griev.
(B) SUPPLANTATION OF HIRING.-A partici-
ances regarding proposed placements of
pant to any program receiving assistance
tivity designed to influence the outcome of
an election to Federal office or the outcome
such participants in such projects.
under this title shall not perform any serv-
of an election to a State or local public
(2) DEADLINE FOR GRIEVANCES-Exept for
ices or dutles or engage in activities that will
office.
a grievance that alleges fraud or eriminal
supplant the hiring of employed workers.
(b) CONTRACTS OR COLLECTIVE BARGAININO
activity, a grievance shall be made not later
(C) DUTIES FORMERLY PERFORMED BY AN-
than 1 year after the date of the alleged OC-
OTHER EMPLOYEL-A participant in any pro-
AGREEMENTS.-A program that receives assist
currence.
gram receiving assistance under this title
under this title shall not impair existing
(3) DEADLINE FOR HEARING AND DECISION.-
shall not perform services or duties that
contracts for services or collective bargain-
ing agreements.
(A) HEARING.-A hearing on any grievance
have been performed by or were assigned to
conducted under this subsection shall be
any-
SEC. 174. NONDISCRIMINATION.
conducted not later than 30 days of filing
(1) presently employed worker.
(a) IN GENERAL-Any assistance provided
such grievance.
(ii) employee who recently resigned or was
under this title shall constitute Federal fl-
(B) DECISION.-A decision on any griev-
discharged:
nancial assistance for purposes of title VI of
ance shall be made not later than 60 days
(Ш) employee who is subject to a reduc-
the Civil Rights Act of 1964 (42 U.S.C. 2000d
after the filing of such grievance.
tion in force:
et seq.), title IX of the Education Amend-
(4) ARBITRATION.-
(lv) employee who is on leave (terminal
ments of 1972 (20 U.S.C. 1681 et seq.). the
(A) IN GENERAL-On the occurrence of an
temporary. vacation. emergency. or sick): or
Rehabilitation Act of 1973 (29 U.S.C. 701 et
adverse grievance decision. or 60 days after
(v) employee who is on strike or who Is
Beq.), the Age Discrimination Act of 1975 (42
the filing of such grievance If no decision
being locked out
U.S.C. 6101 et seq.). and the regulations
has been reached, the party filing the griev-
Issued under such Acts.
ance shall be permitted to submit such
BEC. 177. STATE ADVISORY BOARD.
(b) NONDISCRIMINATION.-Any individual
grievance to binding arbitration before a
(a) FORMATION OF BOARD.-Each State that
with responsibility for the administration of
qualified arbitrator who is jointly selected
applies for assistance under this title is en-
a program that receives assistance under
and independent of the interested parties.
couraged to establish a State Advisory
this title shall not discriminate in the selec-
(B) DEADLINE FOR FROCEEDING.-An arbitra-
Board for National and Community Service.
tion of participants to such program on the
tion proceeding shall be held not later than
(b) MOORERS.-
basis of race. religion. color, national origin.
45 days after the request for such arbitra-
(1) In GENERAL-The chief executive offi-
sex. age. handicap. or political affiliation.
tion
cer of a State referred to In subsection (a)
(c) RULES AND REGULATIONS.-The Com-
(C) DEADLINE POR DECLEION-A decision
shall appoint members to such Advisory
mission shall promulgate rules and regula-
concerning such grievance shall be made not
Board from among-
tions to provide for the enforcement of this
later than 30 days after the date of such ar-
(A) representatives of State agencies ad-
section that shall include provisions for
bitration proceeding.
ministering community service. youth serv-
summary suspension of assistance for not
(D) Cosr.-The cost of such arbitration
ice, education. social service, and job train-
more than 30 days, on an emergency basis.
proceeding shall be divided evenly between
ing programs; and
until notice and an opportunity to be heard
the parties to the arbitration.
(B) representatives of labor, business,
can be provided
(5) PROPOSED FLACEMENT.-If a grievance is
agencies working with youth. community-
BEC. 176. NOTICE HEARING. AND GRIEVANCE PRO-
filed regarding a proposed placement of a
based organizations such as community
CEDURES.
participant in a program that receives as-
action agencies, students. teachers. Older
(a) IN GOODAL-
sistance under this title, such placement
American Volunteer Programs as estab.
(1) SUSPENSION OF PAYMENTS.-The Com-
shall not be made unless it is consistent
lished under title II of the Domestic Volun-
mission may in accordance with the provi-
with the resolution of the grievance pursu-
teer Act of 1973 (42 U.B.C. 5001 et meq.), full-
sions of this title. suspend or terminate pay-
ant to this subsection.
time youth service corps programs, school-
ments under a contract or grant providing
(6) REMKDIES-Remedies for a grievance
based community service programs, higher
assistance under this title whenever the
filed under this subsection include-
education Institutions, local educational
Commission determines there is a material
(A) suspension of payments for assistance
agencies, volunteer public mafety organiza.
failure to comply with this title or the appli-
under this title;
tions, educational partnership programs.
cable terms and conditions of any such
(B) termination of such payments: and
and other organizations working with volun-
grant or contract issued pursuant to this
(C) prohibition of such placement de-
teers,
title.
scribed in paragraph (5).
(2) BALANCE OF MEMBERSHIP.-To the
(2) PROCEDURES TO ENSURE ASSISTANCE-
SBC ITG. NONDUPLICATION AND NONDISPLACE
extent practicable, the chief executive offi-
The Commission shall prescribe procedures
MENT.
cer of a State referred to in subsection (a)
to ensure that-
(a) NONDUFLICATION.-
shall ensure that the membership of the
February 27, 1990
CONGRESSIONAL RECORD-SENATE
1681
Advisory Board is balanced according to
(4) promoting of positive attitudes among
mated financial assistance as defined in sec-
race, ethnicity. and gender.
each participant regarding the role of such
tion 428(a)(2)(C)(i) of title IV of the Act (20
(c) DUTIES OF BOARD.-A State Advisory
participant in solving community problems
U.S.C. 1078(a)(2XCXi), except that in no
Board for National and Community Service
based on the view of such participant re-
case shall such a voucher be considered as-
established under subsection (a) shall assist
garding the personal capacity of such par-
(1) annual adjusted family income as de-
the State agency administering a program
ticipant to improve the lives of others, the
fined in section 411F(1) of subpart 1 of part
receiving assistance under this title in-
responsibilities of such participant as a citi-
A of title IV of such Act (20 U.S.C. 1070a-6);
(1) coordinating programs that receive as-
zen and community member, and other fac-
or
sistance under this title and related pro-
tors;
(2) total income as defined in section
grams within the State;
(5) enabling each participant to finance a
480(a) of part F of title IV of such Act (20
(2) disseminating information concerning
lesser portion of the higher education of
U.S.C. 1087vv(a)).
service programs that receive assistance
such participant through student loans;
(b) TREATMENT OF STIPEND FOR LIVING Ex.
under this title;
(6) providing services and projects that
PENSES.-In no case shall stipends received
(3) recruiting participants for programs
benefit the community;
under this Act be considered in the determi-
that receive assistance under this title; and
(7) supplying additional volunteer assist-
nation of expected family contribution or
(4) developing programs, training meth-
ance to community agencies without over-
independent student status under-
ods, curriculum materials, and other materi-
loading such agencies with more volunteers
(1) subpart 1 of part A of title IV of such
als and activities related to programs that
than can effectively be utilized;
Act (20 U.S.C. 1070a et seq.); or
receive assistance under this title.
(8) providing services and activities that
(2) part F of title IV of such Act (20 U.S.C.
SEC. 178. EVALUATION.
could not otherwise be performed by em-
1087kk et seq.).
(a) IN GENERAL-The Commission shall
ployed workers and that will not supplant
(c) CONTINGENT EXTENSION-Section 414 of
provide, through grants or contracts, for the
the hiring of, or result in the displacement
the General Education Provisions Act (20
continuing evaluation of programs that re-
of, employed workers or impair the existing
U.S.C. 1226a) shall apply to this Act.
ceive assistance under this title, including
contracts of such workers; and
SEC. 181. PARTNERSHIPS WITH SCHOOLS.
evaluations that measure the impact of
(9) attracting a greater number of citizens
(a) DEFINITIONS.-As used in this section:
such programs, to determine-
to public service, including service in the
(1) PARTNERSHIP PROGRAM.-The term
(1) the effectiveness of such programs in
active and reserve components of the Armed
Forces, the National Guard, the Peace
"partnership program" means a cooperative
achieving stated goals and the costs associ-
Corps (as established by the Peace Corps
effort between an agency or department of
ated with such;
Act (22 U.S.C. 2501 et seq.)), and the VISTA
the Federal government and an educational
(2) for purposes of the reports required by
institution to enhance the education of stu-
subsection (h), the impact of such programs,
and older American volunteer programs es-
dents.
in each State in which a program is con-
tablished under the Domestic Volunteer
(2) SCHOOL VOLUNTEER.-The term "school
ducted, on the ability of-
Service Act of 1973 (42 U.S.C. 4950 et seq.).
(A) the VISTA and older American volun-
(e) COMPARISON OF PROGRAM MODELS.-The
volunteer" means an individual, beyond the
Commission shall evaluate and compare the
age of compulsory schooling, working with-
teer programs (established under the Do-
out financial remuneration under the direc-
mestic Volunteer Services Act of 1973 (42
effectiveness of different program models in
U.S.C. 4950 et seq.));
meeting the program objectives described in
tion of professional staff within a school or
school district.
(B) each regular component of the armed
subsection (d) including full- and part-time
(b) DESIGN OF PROGRAMS.-The head of
forces (as defined in section 101(4) of title
programs, programs involving different
types of national service, programs using
each Federal agency and department shall
10, United States Code);
different recruitment methods, programs of-
design an implement a comprehensive strat-
(C) each of the reserve components of the
armed forces (as described in section 216(a)
fering alternative voucher options, and pro-
egy to involve employees of such agencies
of title 5, United States Code): and
grams utilizing individual placements and
and departments in partnership programs
teams.
with elementary schools and secondary
(D) the Peace Corps (as established by the
Peace Corps Act (22 U.S.C. 2501 et seq.));
(f) OBTAINING INFORMATION.-
schools. Such strategy shall include-
(1) a review of existing programs to Identi-
to recruit individuals residing in such State
(1) IN GENERAL-In conducting the evalua-
tions required under subsection (d), the
1y and expand the opportunities for such
to serve in such program; and
(3) the structure and mechanisms for de-
Commission may require each program par-
employees to be school volunteers;
(2) the designation of a senior official in
livery of services for such programs.
ticipant and State or local applicant to pro-
vide such information as may be necessary
each such agency and department who will
(b) COMPARISONS.-The Commission shall
be responsible for establishing school volun-
provide for inclusion in the evaluations re-
to carry out the requirements of this sec-
tion.
teer and partnership programs in each such
quired under subsection (a), where appropri-
ate, comparisons of participants in such pro-
(2) CONFIDENTIALITY.-The Commission
agency and department and for developing
grams with individuals who have not partici-
shall keep information acquired under this
school volunteer and partnership programs;
and
pated in such programs.
section confidential.
(c) CONDUCTING EVALUATIONS.-Evalua
(g) DEADLINE.-The Commission shall com-
(3) the encouragement of employees of
plete the evaluations required under subsec-
such agencies and departments to partici-
tions of programs under subsection (a) shall
tion (d) not later than 2 years after the date
pate in school volunteer and partnership
be conducted by individuals who are not di-
rectly involved in the administration of such
of enactment of this Act.
programs.
(c) REPORT.-Not later than 180 days after
program.
(h) REPORTS.-
the date of enactment of this Act. and on a
(d) PROGRAM OBJECTIVES.-The Commis-
(1) INITIAL REPORT.-Not later than 24
months after the date on which the first
regular basis thereafter, the head of each
sion shall ensure that programs that receive
program is initiated under this title, the
Federal agency and department shall pre-
assistance under subtitle D are evaluated to
pare and submit, to the appropriate Com-
determine their effectiveness in-
Commission shall prepare and submit, to
(1) recruiting and enrolling diverse partici-
the appropriate Committees of Congress, a
mittees of Congress, a report concerning the
implementation of this section.
pants in such programs, consistent with the
report containing the results of the evalua-
requirements of section 145, based on eco-
tions conducted under subsection (a)(2) with
SEC. 182. SERVICE AS TUTORS.
nomic background, race, ethnicity, age, mar-
respect to the first 18 months after such ini-
Notwithstanding any other provision of
ital status, education levels, and handicap;
tiation date.
this Act, a service opportunity through
(2) promoting the educational achieve-
SEC. 179. ENGAGEMENT OF PARTICIPANTS.
which a part-time participant serves as a
ment of each participant in such programs,
A State shall not engage a participant to
classroom tutor under the supervision of a
based on earning a high school diploma or
serve in any program that receives assist-
certified professional shall be considered an
the equivalent of such diploma and the
ance under this title unless and until
acceptable placement if the requirements of
future enrollment and completion of in-
amounts have been appropriated under sec-
section 176(b)(1) and (2) and section 173 are
creasingly higher levels of education;
tion 401 for the provision of vouchers and
met.
(3) encouraging each participant to
for the payment of other necessary ex-
SEC. 183. CONFORMING AMENDMENTS.
engage in public and community service
penses and costs associated with such partic-
The Higher Education Act of 1965 is
after completion of the program based on
ipent.
amended-
career choices and service in other service
SEC. 180. NATIONAL SERVICE DEMONSTRATION
(1) in section 411F(9) (20 U.S.C. 1070a.
programs such as the Volunteers in Service
PROGRAM AMENDMENTS.
6(9)), by adding at the end thereof the fol-
to America Program and older American
(a) TREATMENT OF EDUCATION AND HOUSING
lowing new subparagraph:
volunteer programs established under the
VOUCHER.-For purposes of determining eli-
"(F) Annual adjusted family income does
Domestic Volunteer Service Act of 1973 (42
gibility for programs under title IV of the
not include any stipend received by a partic-
U.S.C. 4950 et seq.), the Peace Corps (as es-
Higher Education Act of 1965 (20 U.S.C.
ipent a programs established under the Na-
tablished by the Peace Corps Act (22 U.S.C.
1070 et seq.) (hereafter in this section re-
tional and Community Service Act of 1990.";
2501 et seq.)), the military, and part-time
ferred to as the "Act"), vouchers received
(2) in section 411F(12)(B)(vi) (20 U.S.C.
volunteer service;
under this Act shall be considered as esti-
1070a-6(12)(B)(vi), by striking "(including
S 1682
CONGRESSIONAL RECORD SENATE
February 27, 1990
all sources of resources other than par-
(3) shall consult with appropriate Federal
nity-based agencies, nonprofit organiza-
ents)" and inserting "(including all sources
agencies in administering programs that re-
tions, or consortia composed thereof shall
of resources other than parents and sti-
ceive assistance under title I;
be eligible to receive grants under subpara-
pends received as a result of participation in
(4) may delegate authority to administer
graph (A).
a program established under the National
the programs established under this title to
(C) DISSEMINATION OF INFORMATION.-The
and Community Service Act of 1990.";
any other agency or entity of the Federal
Board shall widely disseminate information
(3) in section 480(f) (20 U.S.C. 1087vv(f)),
government, on the agreement of such
concerning national model service programs
by-
agency or entity, as the Board determines
that receive assistance under subparagraph
(A) striking "and" at the end of paragraph
appropriate;
(A).
(1);
(5) shall provide, directly or through con-
(5) INNOVATIVE CURRICULUM MATERIALS.-
(B) by striking the period at the end of
tract with public or private nonprofit orga-
The Board may make grants for the devel-
paragraph (2) and inserting a semicolon and
nizations with extensive experience in serv-
opment of innovative curriculum materials
"and"; and
ice programs, training and technical assist-
for use in youth community service and
(C) adding at the end thereof the follow-
ance to States, school and community-based
adult volunteer partnership programs.
service programs, full-time youth service
ing new paragraph:
(g) PRESIDENTIAL AWARDS FOR SERVICES.-
corps, and national service demonstration
"(3) any stipend received by a participant
(1) PRESIDENTIAL AWARDS.-
programs;
in a program established under the National
(A) IN GENERAL-The President, acting
(6) shall arrange for the evaluation of pro-
and Community Service Act of 1990."; and
through the Commission, is authorized to
grams established under this title, in accord-
make Presidential Awards for service to in-
(4) in section 480(d)(2)(F) (20 U.S.C.
ance with section 178;
dividuals demonstrating outstanding com-
1087vv(d)(2)(F), by inserting after "other
(7) coordinate with the Secretary of De-
munity service and to outstanding service
than parents" "and stipends received as a
fense in evaluating the effect of the nation-
programs.
result of participation in a program estab-
al service demonstration program on the re-
(B) NUMBER OF AWARDS.-The President is
lished under the National and Community
cruitment efforts of the active and reserve
authorized to make one individual and one
Service Act of 1990)".
components of the Armed Forces; and
program award in each Congressional dis-
Subtitle G-Commission on National and
(8) carry out any other activities deter-
trict, and one Statewide program award in
Community Service
mined appropriate by the Secretary.
each State.
(d) EXECUTIVE DIRECTOR OF THE BOARD.-
(C) CONSULTATION-The President shall
SEC. 190. COMMISSION ON NATIONAL AND COMMU-
(1) IN GENERAL-The Board shall appoint
consult with the Governor of each State,
NITY SERVICE.
an individual to serve as Executive Director
and with the Board, in the selection of indi-
(a) ESTABLISHMENT-There is established
of the Board (hereinafter referred to in this
viduals and programs for Presidential
a Commission on National and Community
section as the "Director").
Awards.
Service that shall administer the programs
(2) DUTIES.-The Director shall advise the
(D) PARTICIPANTS IN PROGRAMS.-An indi-
established under this title.
Board concerning developments in volun-
vidual receiving an award under this subsec-
(b) BOARD OF DIRECTORS.-
teer or national service that the Director de-
tion need not be a participant in a program
(1) COMPOSITION.-The Commission shall
termines merits the áttention of the Board,
assisted under this title.
be administered by a Board of Directors
identify promising service initiatives, and
(2) INFORMATION.-The President shall
(hereinafter referred to in this section as
coordinate the work of the Board with the
ensure that information concerning individ-
the "Board") that shall be composed of 21
work of other Federal agencies involved in
uals and programs receiving awards under
members, to be appointed by the President
service activities and in the design of a com-
this subsection is widely disseminated.
with the advice and consent of the Senate,
petitive grant to provide assistance as au-
(h) DETAIL OF EMPLOYEES.-Any Federal
who shall be individuals who have extensive
thorized under this title.
(e) TECHNICAL EMPLOYEES.-The Director
government employee may be detailed to
experience in volunteer and service opportu-
the Commission without payment of reim-
nity programs and who represent a broad
may. at the discretion of the Board, appoint
bursement to the detailing agency. Such
range of viewpoints. The membership of the
not more than 10 technical employees to ad-
minister the Committee. Such employees
detail of a Federal employee shall not result
Board shall be balanced according to the
race, ethnicity and gender of its members.
shall be appointed for terms that shall not
in the interruption or loss of civil service
exceed 2 years, without regard to the provi-
status or privilege of such employee.
(2) POLITICAL PARTIES.-Not more than 11
(1) LIMITATION.-In each fiscal year the
members of the Board shall belong to the
sions of title 5, United States Code, govern-
Commission shall limit the value of any
same political party.
ing appointments in the competitive service,
(3) TERMS.-Each member of the Board
and without regard to the provisions of
benefits conferred under this Act, to an
shall serve for a term of 2 years, except
chapter 51 and subchapter III of chapter 53
amount that is not in excess of the appro-
that, subject to the provisions of paragraph
of such title relating to classification and
priations for such fiscal year to carry out
(4), eleven of the initial members of the
General Schedule pay rates.
this Act, and if the fulfillment of the re-
(f) CLEARINGHOUSES.-
quirements of this Act requires amounts in
Board shall serve for a term of 1 year, as
(1) IN GENERAL-The Board shall provide
excess of the limitation described in this
designated by the President.
assistance to not less than three national or
subsection, such benefits shall be reduced to
(4) VACANCIES.-
regional service clearinghouses.
the extent necessary to comply with the re-
(A) IN GENERAL.-As vacancies occur on the
(2) PUBLIC AND PRIVATE NONPROFIT AGEN-
quirements of this subsection.
Board. new members shall be appointed by
CIES.-Public and private nonprofit agencies
TITLE II-MODIFICATIONS OF EXISTING
the President with the advice and consent
that have extensive experience in communi-
EDUCATION PROGRAMS
of the Senate and serve for the remainder
ty service, adult volunteer and partnership
SEC. 201. REFERENCES.
of the term for which the predecessor of
programs, youth service, and other volun-
such member was appointed.
Whenever in this title an amendment or
teer programs shall be eligible to receive
(5) CHAIRPERSON.-The Board shall elect a
repeal is expressed in terms of an amend-
funds under paragraph (1).
chairperson and vice-chairperson from
ment to, or repeal of, a section or other pro-
(3) FUNCTION OF CLEARINGHOUSES.-Nation-
among its membership.
vision, the reference shall be considered to
al and regional clearinghouses that receive
be made to a section or other provision of
(6) MEETINGS.-The Board shall meet not
assistance under paragraph (1) shall-
less than three times each year. The Board
the Higher Education Act of 1965.
(A) assist State and local community serv-
shall hold additional meetings if seven
ice programs with needs assessments and
Subtitle A-Higher Education
members of the Board request such meet-
planning:
SEC. 210. INNOVATIVE PROJECTS FOR COMMUNITY
ings in writing. A majority of the Board
(B) conduct research and evaluations con-
SERVICE.
shall constitute a quorum.
cerning community service;
(a) PURPOSE-Section 1061 of the Act (20
(7) EXPENSES.-While away from their
(C) provide leadership development and
U.S.C. 1135e) is amended by striking out
homes or regular places of business on the
training to State and local community serv-
"projects in exchange" and all that follows
business of the Board, members of such
ice program administrators, supervisors, and
through the end thereof, and inserting in
Board may be allowed travel expenses, in-
participants;
lieu thereof "activities before, during, or
cluding per diem in lieu of subsistence, as is
(D) administer award and recognition pro-
after the completion of such student's
authorized under, section 5703 of title 5.
grams for outstanding community service
higher education.".
United States Code, for persons employed
programs and participants; and
(b) USE OF GRANTS.-Section 1062 of the
intermittently in the Government service.
(E) facilitate communication amongst
Act (20 U.S.C. 1135e-1) is amended to read
(c) DUTIES.-The Board shall-
community service programs and partici-
as follows:
(1) advise the President and the Congress
pants.
"SEC. 1062. INNOVATIVE PROJECTS FOR COMMUNI-
concerning developments in national and
(4) GRANTS.-
TY SERVICE.
community service that merit the attention
(A) IN GENERAL-The Board may make
"(a) GENERAL AUTHORITY.-The Secretary
of the President and the Congress;
grants to national model service programs.
is authorized, in accordance with the provi-
(2) design and administer the programs or
(B) ELIGIBILITY.-States, education insti-
sions of this part, to make grants to, and
initiatives established under this title:
tutions, local government agencies, commu-
enter into contracts with, institutions of
February 27, 1990
CONGRESSIONAL RECORD SENATE
1683
higher education (including combinations of
SEC. 221. WORK STUDY PROGRAMS.
such institutions), and other public agencies
service under the Peace Corps Act (as estab
(a) WORK STUDY PROGRAMS.-Section
and nonprofit organizations working in
lished by the Peace Corps Act (22 U.S.C.
443(b)(5) of such Act (42 U.S.C. 2753(b)(5))
partnership with institutions of higher edu-
2501 et seq.)) and the Domestic Volunteer
is amended by striking "and 70 percent for
cation, for purposes including-
Service Act of 1973 (42 U.S.C. 4951 et seq.)
"(1) encouraging students to participate in
academic year 1990-1991" and inserting "70
or for comparable full-time service as a vol-
percent for academic years 1990-1991 and
community service activities that will engen-
der a sense of social responsibility and com-
1991-1992, and 60 percent for academic year
unteer with a tax-exempt organization of
1992-1993".
demonstrated effectiveness, shall indicate
mitment to the community;
(b) COMMUNITY SERVICE LEARNING PRO-
(in terms of the Federal minimum wage) the
"(2) encouraging students to assist in the
teaching of individuals with limited basic
GRAMS.-Section 443(b)(5)(B) of such Act is
maximum level of compensation and allow.
skills or an inability to read and write;
amended by striking "90" and inserting
ances that a student borrower may receive
"100".
from a tax-exempt organization to qualify
"(3) creating opportunities for students to
engage in community service activities in ex-
SEC. 222. PUBLIC HEALTH AMENDMENT.
for a deferment, and shall explicitly state
Section 361(a) of the Public Health Serv-
that students may qualify for such partial
change for financial assistance that reduces
ice Act (42 U.S.C. 264(a)) is amended by
cancellations or deferments when they serve
the debt acquired by students in the course
of completing postsecondary education;
striking out "The" and inserting in lieu
as a paid employee of a tax-exempt organi-
"(4) encouraging student-initiated and stu-
thereof "Notwithstanding any other provi-
zation.".
dent designated community service projects;
sion of Federal law, the".
SEC. 233. DATA ON DEFERMENTS AND CANCELLA
and
Subtitle C-Publication
TIONS.
"(5) encouraging the integration of com-
Section 485B(a) of such Act (20 U.S.C.
SEC. 230. INFORMATION FOR STUDENTS.
munity service into academic curricula.
1092b(a)) is amended-
"(b) ADMINISTRATIVE PROVISIONS.-
(a) INSTITUTIONAL AND PINANCIAL-Section
485(a)(1) of such Act (20 U.S.C. 1092(a)(1))
(1) by striking "and" at the end of para-
"(1) APPLICATION.-No grant may be made,
is amended-
graph (3);
and no contract may be entered into, under
this section unless an application is made to
(1) by striking out "and" at the end of
(2) by striking the period at the end of
subparagraph (J);
paragraph (4) and inserting in lieu thereof a
the Director of the Fund for Improvement
of Postsecondary Education (hereinafter re-
(2) by striking out the period at the end of
semicolon and "and"; and
ferred to as the 'Director') at such time, in
subparagraph (K) and inserting in lieu
(3) by adding the following new paragraph
such manner, and contained or accompanied
thereof a semicolon and the word "and";
after paragraph (4):
and
"(5) the exact amount of loans partially
by such information as the Director may
(3) by adding at the end thereof the fol-
canceled or in deferment for service under
reasonably require. Such applications shall
lowing new subparágraph:
the Peace Corps Act (22 U.S.C. 2501 et
include plans that describe the manner in
"(L) the terms and conditions under
seq.)), for service under the Domestic Volun-
which appropriate training is to be provided
to participants and supervisors.
which students receiving guaranteed stu-
teer Service Act of 1973 (42 U.S.C. 4951 et
dent loans under part B of this title or
seq.), and for comparable full-time service as
"(2) ADVISE-Consistent with the provi-
sions of section 1003(c), the National Board
direct student loans under part E of this
a volunteer for a tax-exempt organization of
of the Fund for the Improvement of Post-
title, or both, may-
demonstrated effectiveness.".
secondary Education shall advise the Direc-
"(1) obtain deferral of the repayment of
Subtitle D-Direct Loans to Students in
tor on programs, priorities, and the selec-
the principal and interest for service under
Institutions of Higher Education
tion of projects developed under the author-
the Peace Corps Act (as established by the
ity of this section.
Peace Corps Act (22 U.S.C. 2501 et seq.)) or
SEC. 248. LOAN CANCELLATION AUTHORIZED.
"(3) TECHNICAL EMPLOYEES.-
under the Domestic Volunteer Service Act
(a) CANCELLATION FOR CERTAIN SERVICE-
"(A) IN GENERAL-The Secretary may ap-
of 1973 (42 U.S.C. 4951 et seq.), or for com-
Section 465(a)(2) of such Act (20
point, for terms of not to exceed 2 years,
parable full-time service as a volunteer for a
U.S.C.1087ee(a(2)) is amended-
without regard to the provisions of title 5,
tax-exempt organization of demonstrated
(1) by striking out "or" at the end of sub-
United States Code governing appointments
effectiveness, and
paragraph (D);
in the competitive service, technical employ-
"(ii) obtain partial cancellation of the stu-
(2) by striking out the period at the end of
ees to administer this part who may be paid
dent loan for service under the Peace Corps
subparagraph (E) and inserting in lieu
without regard to the provisions of chapter
Act (as established by the Peace Corps Act
thereof a semicolon and the word "or"; and
51, and subchapter III of chapter 53 of such
(22 U.S.C. 2501 et seq.)) or under the Do-
(3) by adding at the end thereof the fol-
title relating to classification and General
mestic Volunteer Service Act of 1973 (42
lowing new subparagraph:
Schedule pay rates.
U.S.C. 4951 et seq.).".
"(F) as a full-time volunteer in service
"(B) LIMITATION.-The Secretary may ap-
(b) PARTICIPATION AGREEMENTS.-Section
comparable to service referred to in sub-
point not more than 1 technical employee
487(a)(7) of such Act (20 U.S.C. 1094(a)(7))
paragraph (E) for an organization of dem-
for each $2,000,000 appropriated under sec-
is amended by inserting before the period a
onstrated effectiveness which is exempt
tion 1063.
comma and the following: "particularly the
from taxation under section 501(c)(3) of the
"(4) APPLICATION OF OTHER SECTION.-The
requirements of subsection (aX1)(L) of such
Internal Revenue Code 1986.".
provisions of section 1004(b) shall apply to
section".
(b) CANCELLATION PERCENTAGE-Section
grants made under this section.
SEC. 231. EXIT COUNSELING FOR BORROWERS.
465(a)(3)(A) of such Act (20 U.S.C.
"(5) CONSTRUCTION.-Nothing in this part
Section 485(b) of such Act (20 U.S.C.
1087ee(a)(3)(A)) is amended-
shall be construed as requiring an institu-
1092(b)) is amended-
tion of higher education to offer academic
(1) by striking out "or" at the end of
(1) by striking "and" at the end of para-
credit as a requirement of receiving assist-
clause (iii);
graph (1);
ance under this part.".
(2) by striking out the period at the end of
(2) by striking the period at the end of
clause (iv) and inserting in lieu thereof a
Subtitle B-State Student Incentive Grant and
paragraph (2) and inserting in lieu thereof a
semicolon and the word "or"; and
Work Study Programs
semicolon and "and"; and
(3) by adding at the end thereof the fol-
SEC. 220. ADDITIONAL RESERVATION FOR CAMPUS-
(3) by inserting after paragraph (2) the
lowing new clause:
BASED COMMUNITY WORK LEARNING
following new paragraph:
STUDY JOBS.
"(3) the terms and conditions under which
"(v) in the case of service described in sub-
Section 415B(a) of such Act (20 U.S.C.
the student may obtain partial cancellation
paragraph (F) of paragraph (2) at the rate
1070c-1(a)) is amended by inserting the fol-
or defer repayment of the principal and in-
of 15 percent for the first or second year of
lowing new paragraph at the end thereof:
terest for service under the Peace Corps Act
such service and 20 percent of the third or
"(3)(A) If the amount appropriated to
(as established by the Peace Corps Act (22
fourth year of such service.".
carry out this subpart exceeds $75,000,000.
U.S.C. 2501 et seq.)) or under the Domestic
SEC. 241. EFFECTIVE DATE.
the Secretary shall, notwithstanding the
Volunteer Service Act of 1973 (42 U.S.C.
The amendments made by section 240
provisions of section 415(CXb)(A), allot
4951 et seq.) or for comparable full-time
shall apply only to loans made to cover the
50 percent of such excess to the States for
service as a volunteer for a tax-exempt orga-
costs of instruction for periods of enroll-
the purpose described in section
nization of demonstrated effectiveness.".
ment beginning on or after 30 days after the
415(C)(b)(B).
SEC. 232. DEPARTMENT INFORMATION ON DEFER.
date of enactment of this subtitle to individ-
"(B) The Secretary shall make the allot-
MENTS AND CANCELLATIONS.
uals who are new borrowers on that date.
ment required under subparagraph (A)
Section 485(d) of such Act (20 U.S.C.
based on the number of students participat-
1092(d)) is amended by inserting before the
Subtitle E-Loan Forgiveness
ing in campus-based community work learn-
last sentence the following new sentence:
BEC. 250. LOAN FORGIVENESS.
ing study jobs assisted under this subpart in
"The Secretary shall provide information
(a) In GENERAL-Part B of title IV of such
each State as compared to the total number
concerning the specific terms and conditions
of students participating in such jobs in all
Act is amended by inserting after section
States.
under which students may obtain partial
432 (20 U.S.C. 1082) the following new sec-
cancellation or defer repayment of loans for
tion:
1684
CONGRESSIONAL RECORD - SENATE
February 27, 1990
"SEC. 432A. TREATMENT OF STUDENTS VOLUN-
(1) STUDENT VOLUNTEER.-
TEERS.
ment to serving others and to convince all
(A) NOTE.-Section 427(a)(2)(B)(i) of such
Americans that a successful life includes
"(a) IN GENERAL-Notwithstanding any
Act (20 U.S.C. 1077(a)(2)(B)(ii)) is amended
other provision of law except subsection (c),
serving others.
by inserting after "that" a comma and the
a loan insurable under section 427, or the
following: "subject to the provisions of sub-
SEC. 303. ESTABLISHMENT.
student loan insurance program of a State,
paragraph (H),".
There is established a nonprofit corpora-
institution, or organization under section
(B) PAYMENT BY FEDERAL GOVERNMENT.-
tion to be known as the "Points of Light Ini-
428, shall provide that, in the case of any
Section 427(a)(2) of such Act (20 U.S.C.
tiative Foundation" (hereinafter referred to
student borrower who, prior to the begin-
1077(a)(2)(B)(i)) is amended by-
in this title as the "Foundation"). The
ning of the repayment period, agrees in
(1) striking out "and" at the end of sub-
Foundation shall be subject to the provi-
writing to volunteer for service under the
paragraph (G);
sions of this Act and, to the extent consist-
Peace Corps Act (22 U.S.C. 2501 et seq.) or
(ii) redesignating subparagraph (H) as
ent with this section, to the provisions of
under the Domestic Volunteer Service Act
subparagraph (I); and
the District of Columbia Nonprofit Corpora-
of 1973 (42 U.S.C. 4951 et seq.) or for compa-
(iii) inserting after subparagraph (G) the
tion Act (D.C. Code 501 et seq.).
rable full-time service as a volunteer with a
following new subparagraph:
SEC. 304. BOARD OF DIRECTORS.
tax exempt organization of demonstrative
"(H) complies with section 432A.".
effectiveness, for the payment by the
(a) COMPOSITION.-
(2) FEDERAL PAYMENT TO REDUCE INTER-
United States of the percent of the amount
(1) IN GENERAL.-The management of the
EST.-
of loans specified in subsection (b).
Foundation shall be vested in a Board of Di-
(A) INSURANCE PROGRAM REQUIREMENT.-
"(b) PARTIAL CANCELLATION AUTHORITY.-
rectors (hereinafter referred to in this title
Section 428(b)(1)(D) of such Act (20 U.S.C.
"(1) AGREEMENT.-The Secretary shall
as the "Board") that shall be composed of
1078(b)(1)(D)) is amended by inserting after
enter into an agreement with any student
not less than 19 and not more than 25 mem-
"paragraph" the following: "and subject to
borrower described in section 427(a)(2)(H)
bers.
subparagraph (V)".
or 428(b)(1)(V) under which the borrower
(2) APPOINTMENT.-
(B) PAYMENT BY FEDERAL GOVERNMENT.-
shall agree to serve as a volunteer under the
Section 428(b)(1) of such Act (20 U.S.C.
(A) By PRESIDENT-The members of the
Peace Corps Act (22 U.S.C. 2501 et seq.) or
1078(b)(1)(D)) is amended by-
Board shall be appointed by the President.
under the Domestic Volunteer Service Act
(1) striking out "and" at the end of sub-
Such members shall be appointed so as to
of 1973 (42 U.S.C. 4951 et seq.) or for compa-
paragraph (T);
ensure a broad bipartisan representation, in-
rable full-time service as a volunteer with a
(ii) striking out the period at the end of
cluding women and minorities, of groups
tax-exempt organization of demonstrated
subparagraph (U) and by inserting in lieu
and individuals associated with volunteer
effectiveness.
thereof a semicolon and "and"; and
and community service.
"(2) ASSURANCES.-The agreement entered
(iii) adding at the end thereof the follow-
(B) CRITERIA.-In appointing members
into under paragraph (1) shall contain pro-
ing new subparagraph:
under this paragraph, the President shall
visions designed to assure that-
"(V) complies with section 432A.".
consider individuals who-
"(A) the Secretary will assume the obliga-
SEC. 251. EFFECTIVE DATE.
(1) have made significant contributions to
tion of paying the percent of any loan made,
insured, or guaranteed under this part,
The amendments made by section 250
existing volunteer and community service
shall apply only to loans made to cover the
programs;
except those described in sections 428A,
428B and 428C, pursuant to the schedule de-
costs of instruction for periods of enroll-
(ii) are capable of bringing significant re-
scribed in paragraph (5); and
ment beginning on or after 30 days after the
sources, expertise, and experience to the
"(B) the student borrower who fails to vol-
date of enactment of this Act to individuals
Foundation; or
who are new borrowers on that date.
(iii) have a significant interest in promot-
unteer for service in accordance with the
ing community service and volunteerism.
agreement will assume the obligation of
TITLE III-POINTS OF LIGHT INITIATIVE
(C) UNITED STATES OFFICERS.-Notwith-
paying the amount of any such loan attrib-
FOUNDATION
standing any other provision of law, the
utable to the period for which the student
SEC 301. SHORT TITLE.
President may appoint officers of the
borrower failed to comply with the agree-
This title may be cited as the "Points of
United States to serve on the Board.
ment.
Light Initiative Foundation Act".
(3) CHAIRPERSON.-The President shall
"(3) PAYMENT-The Secretary shall in
SEC. 302. FINDINGS AND PURPOSES.
designate one member of the Board to serve
each fiscal year pay to the holder of each
(a) FINDINGS.-Congress finds that-
as Chairperson.
loan for which the Secretary assumes re-
(1) community service and service to
(4) HONORARY CHAIRPERSON.-The Presi-
sponsibility under this subsection the
others is an integral part of American tradi-
dent shall serve as the Honorary Chairper-
amount specified in paragraph (5).
tion;
son of the Foundation.
"(4) WAIVER OR SUSPENSION.-The Secre-
(2) existing volunteers and volunteer pro-
(5) TERM.-Except as otherwise provided
tary shall waive or suspend any obligation
grams should be praised for their efforts in
in this paragraph, each member of the
of service or payment of any loan, or any
helping and serving others;
Board shall serve a 2 year term. The terms
part thereof. to which the United States is
(3) the definition of a successful life in-
of such members shall be staggered by 1
entitled under paragraph (2)(A) whenever
cludes service to others;
year intervals to provide for continuity in
the Secretary determines that compliance
(4) individuals should be encouraged to
the management of the Foundation.
by an individual with the agreement is im-
volunteer their time and energies in commu-
(b) COMPENSATION AND EXPENSES.-
possible or would involve extreme hardship
nity service efforts;
(1) No COMPENSATION.-Members of the
to the individual.
(5) if asked to volunteer or participate in
Board shall serve without compensation.
"(5) AMOUNT OF PAYMENT.-
community service, most Americans will do
(2) EXPENSES.-While away from their
"(A) IN GENERAL-The percentage of a
so;
homes or regular places of business on the
loan that shall be paid by the United States
(6) institutions should be encouraged to
business of the Board, members of such
under paragraph (2)(A) shall be 15 percent
volunteer their resources and energies and
Board may be allowed travel expenses, in-
for the first or second year of service and 20
should encourage volunteer and community
cluding per diem in lieu of subsistence, as is
percent for the third or fourth year of serv-
service among their members, employees,
authorized under section 5703 of title 5.
ice as described in paragraph (1).
affiliates; and
United States Code, for persons employed
"(B) INTEREST.-If a portion of the loan is
(7) volunteer and community service pro-
intermittently in the Government service.
paid by the Secretary under this subsection
grams are intended to complement and not
(c) BOARD AUTHORITY; RULES AND REGULA-
for any year, the entire amount of interest
replace governmental responsibilities.
TIONS; QUORUM.-
on such loan which accrues for such year
(b) PURPOSE.-It is the purpose of this
(1) AUTHORITY.-The Board shall manage
shall be paid by the Secretary.
title-
the exercise of all the powers and duties of
"(C) CONSTRUCTION.-Nothing in this sub-
(1) to encourage every American and
the Foundation.
section shall be construed to authorize the
every American institution to help solve our
(2) RULES AND REGULATIONS.-The Board
refunding of any repayment on the loan.
most critical social problems by volunteer-
may prescribe, amend, and repeal bylaws,
"(c) LIMITATION.-In each fiscal year, the
ing their time. energies and services
rules, and regulations that govern the
Secretary shall limit the value of any bene-
through community service projects and ini-
manner in which the business of the Foun-
fits conferred under this section to an
tiatives;
dation may be conducted and in which the
amount that is not in excess of the appro-
(2) to identify successful and promising
powers granted to the Foundation by law
priation for such fiscal year to carry out
community service projects and initiatives,
may be exercised.
this section. and if the fulfillment of the re-
and to disseminate information concerning
(3) QUORUM.-A majority of members of
quirements of this section requires amounts
such projects and initiatives to other com-
the Board shall constitute a quorum.
in excess of this limitation described in this
munities in order to promote their adoption
(d) EXECUTIVE COMMITTEE-The Board
subsection, such benefits shall be reduced to
nationwide; and
may appoint an Executive Committee or
the extent necessary to comply with the re-
(3) to discover and encourage new leaders
any other such committees or establish such
quirements of this subsection.".
and develop individuals and institutions
affiliated groups to carry out the functions
(c) TECHNICAL AMENDMENTS.-
that serve as strong examples of a commit-
and duties of the Foundation.
February 27, 1990
CONGRESSIONAL RECORD SENATE
1685
SEC. 305. EMPLOYEES.
SEC. 310. OVERSIGHT.
The PRESIDING OFFICER. The
(a) APPOINTMENT.-The Board shall ap-
The Board shall use amounts appropri-
clerk will report the amendment.
point a President or an Executive Director,
ated under section 401(a)(7) to-
and may appoint such other officers and
The legislative clerk read as follows:
(1) prepare and submit, to the appropriate
employees as may be necessary to adminis-
Committees of Congress and the President,
The Senator from Colorado [Mr. AHM-
ter the Foundation, for such terms and at
an annual report concerning the activities
STRONG] (for himself). Mr. BOSCHWITZ, Mr.
such rates of compensation as are fixed by
of the Foundation and the expenditure of
COATS. Mr. GORTON, Mr. GRAMM. Mr. LOTT,
the Board. Such officers and employees
funds by such;
Mr. MACK, and Mr. McCONNELL, proposes an
shall be exempt from the civil service regu-
(2) procure audits of its activities by the
amendment numbered 1262 to the commit-
lations and requirements.
Comptroller General: and
tee modified amendment.
(b) OTHER PERSONNEL AND SERVICES.-The
(3) participate in the Office of Manage-
Mr. ARMSTRONG. Mr. President, I
Board may request the assistance of person-
ment and Budget budget review process.
ask unanimous consent that the read-
nel and the use of services from other public
SEC. 311. ANNUAL BUDGET.
ing of the amendment be dispensed
and private corporations and agencies. Such
The Foundation shall establish an annual
with.
personnel shall serve at the pleasure of the
budget for use in allocating amounts avail-
Board and without compensation from the
The PRESIDING OFFICER. With-
able to the Foundation under section
Foundation.
out objection, it is so ordered.
401(a)(7). The Foundation may, in each
SEC. 306. POWERS AND FUNCTIONS.
The amendment is as follows:
fiscal year, supplement the appropriation
The Foundation, in addition to the other
for such fiscal year under such section (a)
On page 8, line 2. after the word "needs"
powers and functions provided for in this
with private resources.
insert the following: ", including. but not
title-
limited to, churches and other religious en-
TITLE IV-AUTHORIZATION OF
(1) shall have perpetual succession, except
tities";
APPROPRIATIONS
that such Foundation may be dissolved by
On page 8, line 9, after the words "second-
an Act of Congress;
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
ary school" insert the following: ", includ-
(2) may adopt, alter, and use a corporate
(a) IN GENERAL-There are authorized to
ing, but not limited to, private sectarian and
seal;
be appropriated to carry out this Act.
nonsectarian schools";
(3) may make and perform contracts and
$50,000,00 for fiscal year 1990 and
On page 10, line 6, after the words "public
other agreements with any individual, cor-
$75,000,000 for fiscal year 1991, of which the
or private agencies" insert the following: ".
poration, or other entity and with any gov-
Secretary shall make available-
including. but not limited to, churches and
ernment agency;
(1) to carry out subtitle B of title I,
other religious entities";
(4) may acquire by purchase, devise, be-
$10,000,000 for fiscal year 1990 and
On page 36, line 3, strike "any religious
quest, or gift, or otherwise lease, hold, and
$15,000,000 for fiscal year 1991;
function" and insert in lieu thereof, "the
improve, such real and personal property. as
(2) to carry out subtitle c of title I,
use of funds provided under this title by
the Board finds to be necessary to achieve
$14,000,000 for fiscal year 1990 and
program participants and program staff to
the purposes of the Foundation;
$21,000,000 for fiscal year 1991;
give religious instruction, conduct worship
(5) may accept money, funds, property,
(3) to carry out subtitle D of title I,
services, or engage in any form of proselyt-
and services of every kind by gift, devise, be-
$14,000,000 for fiscal year 1990 and
ization".
quest, grant, or otherwise;
$21,000,000 for fiscal year 1991;
On page 69, line 7. strike the semicolon
(6) may establish and operate such pro-
(4) to carry out subtitle E of title I.
and insert in lieu thereof the following: ".
grams, adopt such policies, and pursue such
$400,000 for fiscal year 1990 and $600,000
but nothing in this Act shall be construed to
activities as may be determined appropriate
for fiscal year 1991;
prevent any church or other religious entity
by the Board to further the purposes of the
(5) to carry out subtitle G of title I,
from-
Foundation: and
$800,000 for fiscal year 1990 and $1,200,000
"(A) displaying religious symbols or deco-
(7) shall have such other powers as may
for fiscal year 1991;
rations;
be necessary and appropriate to carrying
(6) to establish clearinghouses under sec-
"(B) allowing persons to pray voluntarily,
out its powers and duties under this Act.
tion 190(f), $800,000 for fiscal year 1990 and
whether silently or vocally;
SEC. 307. PRINCIPAL AND BRANCH OFFICES.
$1,200,000 for fiscal year 1991; and
"(C) allowing persons to sing religious
The Foundation shall establish a principal
(7) to carry out title III, $10,000,000 for
hymns; or
office in the District of Columbia and may
fiscal year 1990 and $15,000,000 for fiscal
"(D) affirming or promoting any moral
establish such branch offices or other of-
year 1991.
tenet that may be based on religious pre-
fices in any place within the United States
(b) POINTS OF LIGHT FOUNDATION.-If any
cepts;".
or elsewhere where the Foundation may
amounts made available under subsection
On page 70. line 6, after the word "affili-
carry out its operations.
(a)(7) are not used by the Points of Light
ation" insert the following: ". except that a
Foundation, such amounts shall be made
SEC. 308. NONPROFIT NATURE OF THE FOUNDA.
church or other religious entity may require
TION.
available to carry out subtitles B, C, and D
that participants adhere to the religious
of title I on a pro rata basis.
(a) IN GENERAL-The Foundation shall be
tenets and teachings of such organization
(c) UNUSED APPROPRIATIONS.-If an
a nonprofit corporation and shall have no
and further, such organization may require
amount authorized to be appropriated in
capital stock.
that participants adhere to rules forbidding
any fiscal year is not appropriated, or is ap-
(b) REVENUE AND EARNINGS.-No part of
the use of drugs or alcohol".
propriated but not expended in such fiscal
the revenue, earnings, or other income or
On page 70, line 7. redesignate subsection
year, such amount shall remain available to
property of the Foundation shall inure to
(c) as subsection (d) and insert after subsec-
be appropriated, or expended, in the follow-
the benefit of the members of the Board,
tion (b) the following new subsection:
ing fiscal year.
the officers, or the employees of the Foun-
"(c) QUALIFIED APPLICANTS.-If two or
dation, and such revenue, earnings or other
Mr. KENNEDY. Mr. President, I ask
more prospective participants are qualified
income, or property shall be used for carry-
unanimous consent that the amend-
for any position with a church or other reli-
ing out the purposes of this title.
ment of the Senator from Colorado be
glous entity that is funded under part A of
(c) CONFLICT OF INTEREST.-No member of
permitted and that the technical
title I or titles II or III, nothing in this Act
the Board, officer or employee of the Foun-
change to conform his amendment
shall prohibit such organization from ac-
dation shall in any manner, directly or indi-
cepting a prospective participant for such
with the substitute be in order.
rectly, participate in the deliberation or the
position who is already participating on a
The PRESIDING OFFICER. Is
determination of any question affecting the
regular basis in other activities of the
personal interests of such members, officer
there objection? Without objection, it
church or other religious entity.".
or employee or the interests of any corpora-
is so ordered.
Mr. ARMSTRONG. Mr. President, I
tion, partnership or organization in which
The Senator from Colorado still has
ask for the yeas and nays on the
such members, officer or employee is direct-
the floor.
amendment.
ly or indirectly interested.
AMENDMENT NO. 1262
The PRESIDING OFFICER. Is
(d) CONTRIBUTIONS.-The Foundation
shall not contribute to or otherwise support
(Purpose: To allow religious organizations
there a sufficient second?
any political party or candidate for elective
that receive Federal financial assistance
There is a sufficient second.
public office.
under this Act to keep their religious iden-
The yeas and nays were ordered.
tity and maintain a moral climate in their
Mr. ARMSTRONG. Mr. President, I
SEC. $09. EXEMPTION FROM TAX.
programs and activities)
The Foundation, including its income,
will now, unless someone wishes to ad-
shall be exempt from taxation imposed by
Mr. ARMSTRONG. Mr. President,
dress the amendment, suggest the ab-
the United States or any territory or posses-
with that understanding, I send the
sence of a quorum.
sion thereof, or by any State, county, mu-
amendment to the desk and ask for its
Did the Senator from Massachusetts
nicipality, or local taxing authority.
immediate consideration.
wish to speak?
1686
CONGRESSIONAL RECORD - SENATE
February 27, 1990
The PRESIDING OFFICER. The
better, but in this particular case,
can make. The illiterate need to be
Chair recognizes the distinguished
since there is a general prohibition on
taught to read and write. Disadvan-
Senator from Massachusetts.
religious activities, we need to be sure
taged students need to be tutored. The
Mr. KENNEDY. Mr. President, we
that we do not, without intending to
elderly and disabled and children of
are not hostile to the purposes for
do so, forbid religious entities from
working parents need someone to care
which the Senator from Colorado is
participating. So, in the spirit and
for them. The land, water, and air-
offering his amendment. The path we
intent that I believe the text of my
the precious resources of rural Amer-
have followed in this legislation with
amendment is to modify what is al-
ica-need to be preserved.
regard to the activities of religious in-
ready in the bill and narrow the scope
The young people living in rural
stitutions follows what has been done
of the prohibition that exists in the
America can benefit greatly from par-
with other voluntary service programs
bill. I will be happy to entertain any
ticipation in such service programs..
which have been in existence, some of
suggestions he may have on it, but my
Providing service to their communities
them for some 25 years-VISTA volun-
belief is that we rested the narrow
gives young people a sense of responsi-
teer programs, Foster Grandparent
grafted way.
bility to their communities-and also
program, the higher education grant
Mr. KENNEDY. Mr. President, S.
to their Nation. It matures them and
programs, and other programs. What
1430, states that assistance provided
elevates their self-esteem. These pro-
we have done in this bill is to include
under title I shall not be used by pro-
grams can also give young people
language that is similar to church-
gram participants or program staffs to
training to better prepare them for
state language in those various au-
provide religious instruction, conduct
their future careers.
thorizations. Rather than list various
religious services, or to engage in any
Let us not overlook what is just as
particular items, our proposal does not
form of proselytization. And then we
important. The increased participation
exclude the participation of religious
left the other matters to be addressed
of our young people in their communi-
organizations so long as the programs
by the courts. By contrast, the Sena-
ties can strengthen the ties that hold
themselves do not involve religious
tor from Colorado's approach is to list
them to these communities. Young
worship or instruction.
those that would be permitted.
people are leaving rural areas for the
It is still my hope and belief that we
Mr. President, I understand the Sen-
cities in alarming numbers. Increased
are wiser to try, rather than listing
ator from Georgia has a matter he
civic and community involvement can
the things that would be authorized,
would like to talk about, and perhaps
in that time I could talk to the Sena-
cause more young peope to decide that
to include a straightforward statement
they can make a life for themselves in
prohibiting the funding of religious ac-
tor from Colorado.
tivities. It may be at some point down
Mr. FOWLER. I thank the Senator.
their home towns as adults, choosing
the line if we adopt the amendment,
The PRESIDING OFFICER. The
the place that they would prefer to
that some will say that things that
Senator from Georgia [Mr. FOWLER] is
live.
Some of the mechanisms for nation-
were not specifically referenced may
recognized.
Mr. FOWLER. I thank the Senator
al and community service activities are
not be permitted. We took the ap-
proach included in the proposal be-
from Massachusetts. I have a brief
already in place. For example, our
cause it has been time tested. There
statement and in a few minutes I do
land grant colleges and universities
have been religious organizations and
have a couple of questions I would like
have traditionally played a role in the
to ask the sponsor.
revitalization of rural America, and
groups which have participated in
service programs. We know at this
Mr. President, I am extremely
these schools, under these program,
time and we have inquired whether
pleased that the National and Commu-
continue to play an increasing role.
there had been any problems to date
nity Service Act has been brought on
The National and Community Serv-
that had been troublesome from a con-
the floor. We certainly all agree on
ice Act contains great potential bene-
stitutional point of view or from reli-
the value and importance of public
fits both for our communities and the
gious organizations that felt they were
service. I believe this bill creates some
participants in the programs. Rural
being excluded. In the course of our
exceptional programs and expands
America sorely needs the concentra-
inquiring about those matters, they
programs which have been very suc-
tion of human resources fostered by
were not brought to our attention.
cessful in the past. These programs do
the National and Community Service
So, that is why we proceeded in this
offer enormous benefits to our com-
Act. I want to make sure that the citi-
way. It seems to me to be preferable,
munities and our Nation as well as the
zens in our small towns and country-
but I am not opposed to the essence of
many rich rewards for the volunteers
side will have the opportunity to real-
what the Senator from Colorado is at-
that give their time and talent and
ize the benefits of this legislation.
tempting to do. He has a list of the
their effort.
I have a couple of questions. But
various items on this in part (a) of his
I would like to stress that the pro-
before I ask them, I see one of the pri-
amendment. We are just going over
grams in this bill can be particularly
mary sponsors of this legislation and
the particular items at this time.
effective in rural America. Many times
certainly a woman as a private citizen
If it would be agreeable to the Sena-
on this floor many of us have spoken
and a public servant-our association
tor from Colorado, we would like to do
of the challenges facing people living
goes back now almost 20 years to our
is just review these for a few moments,
in our rural communities. Many of the
days as city council persons, me in
come back to him, and see if we cannot
problems we associate with the inner
Georgia, BARBARA MIKULSKI in Mary-
reach agreement. I believe that we will
city-inadequate health care, jobs,
land-who, along with the senior Sena-
be able to do so. But I think we want
education, housing-all of these have
tor from Massachusetts and the senior
to make sure that, if we do that, we
become increasingly rural problems.
Senator from my State, Senator NUNN,
are able to represent accurately to the
We can all go to the rural areas of the
has been the unquestioned leader in
Senate exactly where we are going and
States we represent and see how these
bringing this legislation to the floor
what we are intending.
problems are threatening the viability
and seeing to It that its expanse in-
As I understand, the Senator under-
of life in the countryside.
cludes the rural areas of her State and
stands and supports the various other
These problems have worsened in a
my State that I have spoken of.
provisions that we have included pro-
time when spending on rural programs
Ms. MIKULSKI. If the Senator will
hibiting the funding of religious in-
has decreased, declining 75 percent in
yield. I thank the Senator for his gra-
struction, worship, and proselytiza-
the last 10 years. National service pro-
clous comments. The chairman of the
tion.
grams offer a way to make up for
Committee, Senator KENNEDY, is work-
Mr. ARMSTRONG. If the Senator
those losses, and we must make every
ing with Senator ARMSTRONG on the
will yield, that is absolutely right. The
effort to improve the quality of life in
religious exemption amendment and,
issue arises because of that prohibition
rural America.
as one of the prime architects and a
in the first place. In general, it seems
Rural communities need the contri-
member of the committee, I would be
to me that the Senator is correct in
butions that young people participat-
happy to enter into a colloquy with
suggesting that the less we say the
ing in community service programs
the Senator. Senator KENNEDY has
February 27, 1990
CONGRESSIONAL
1687
designated me to be the floor manager
program, and that you earn that
quirements that children in the care
during this segment.
voucher through your own sweat
of individuals attend religious services,
Mr. FOWLER. I am delighted, I say
equity working in the community.
and to require that those children be
to the Senator. I Just have two ques-
We also want to inculcate the value
given, "meaningful access to the full
tions for the record and for those in-
of civic obligation. You, like I, have
quiries that continue to come in.
range of family planning information,
heard Walesa, we have heard Havel,
How does the Senator see the provi-
services and counseling."
one day we will hear Mandela talk
sions of this bill operating in rural
In other words, Mr. President,
about the fact there is no such thing
areas of our country?
Jewish agencies were forced to stop
as no cost democracy. We must put
Ms. MIKULSKI. Like the Senator, I
giving priority to Jewish children,
that in our own community.
made a transition of being a Member
Presbyterian agencies could not re-
Last, but not at all least, the habits
of the House of Representatives, rep-
quire that foster parents take children
of the heart, I think that is what this
resenting a large, exciting metropoli-
in their care to church, and Catholic
legislation does. It goes right to the
tan area-he in Atlanta; I in Balti-
agencies had to provide abortion coun-
values of Main Street America.
more-to representing a whole State
seling and referral to children in the
What we did in this bill is we get
with rural constituencies.
care of Catholic foster parents.
away from the values of Wall Street
As we listened and learned about
and go back to the values of Main
The net result of regulations like
rural America, the way we would help
Street, and that is why I think rural
that was that the government was
them in this program is, No. 1, the
America is going to be an active partic-
hurt, because a greater burden was im-
program would be operated under the
ipant.
posed on it when private social welfare
aegis of a Governor. A Governor
Mr. FOWLER. All I can say is, if we
agencies could no longer handle the
would submit a State plan to this
can fit rural America into that great
caseload because they refused to go
quasi-public corporation we have so we
American tradition now, from deToc-
along with these requirements. The re-
could keep bureaucracy lean and bene-
queville to MIKULSKI, there will be no
ligious agencies of course are hurt
fits in the community greater. The
question that our country will remain
badly because they are forced to
Governor submits a plan based on the
strong; our country will get stronger
choose between adhering to their own
State's needs.
because of the full participation of the
moral tenets and providing care to
As the Senator has indicated, Geor-
democratic ideal that, as Vaclav Havel
those in need, the homeless, the poor
gia, the great State he represents, has
said, is always an illusive horizon
and other disadvantaged people. They
the large metropolitan area of Atlanta
which we continue to travel toward
may have had services which they
and yet a lot of rural areas. That Gov-
but we never actually achieve. it.
need-and for which they have
ernor would know what the needs of
But, unless we find a way that brings
asked-disrupted because of disputes
Georgia are just like the Governor of
on those kids who have been left
among lawyers.
Maryland knows the needs of my
behind through no fault of their own,
Happily there was & compromise.
State. And the State plan would devel-
but who want to work, who want to
The city of New York backed away, in
op how the needs of rural areas would
contribute, who want to emerge as
part-but did not in its entirety-from
be met.
full, operating, productive citizens in
those requirements. It simply raises
The program will function, I say to
their own communities, not having to
the questions with which we have
the Senator, primarily through non-
go running off to Atlanta and Boston,
been dealing as Americans over the
profit organizations. This is for the
I think under the leadership of Sena-
course of 200 years, recently in in-
part-time voucher program and then
tor from Maryland and that of the
creasingly distorted ways.
through the nonprofits, your kids
Senator from Massachusetts, who has
We seem to have concentrated over-
could be delivering weekend Meals on
now returned to the floor, I believe we
whelmingly on that half of the first
Wheels out of those clay hills. They
can do it. I am thankful for your col-
amendment dealing with religion
can be working for Habitat for Hu-
lective leadership on behalf of those
which prohibits the establishment of
manity by building housing for the
kids.
religion and to have ignored almost
poor. But it would be operated by the
I thank the Senator.
completely the free exercise provisions
local groups in local communities to a
The PRESIDING OFFICER. The
of that first amendment. We do not
plan developed by a Governor.
Chair recognizes the Senator from
deal in neutral fashion with social wel-
Mr. FOWLER. I thank the Senator.
Washington [Mr. GORTON].
fare agencies which are connected
I know she would agree, and we would
Mr. GORTON. Mr. President, I wish
with churches, with synagogues, or
love to have to any other comments,
to speak briefly in favor of the Arm-
with other religious organizations.
that we do not underestimate the pos-
strong amendment of which I am a co-
It is obvious to all of us that those
sible impact for our rural areas for the
sponsor, and to thank the distin-
organizations engage in many activi-
goals that we know are necessary; am I
guished Senator from Massachusetts
ties which have highly laudable secu-
correct?
for his careful consideration of that
lar purposes. They ought to be able to
Ms. MIKULSKI. Absolutely. What
amendment. Awaiting his answer with
receive funding in order to engage in
this program does, I think, is really
respect to his position on it, I would
those secular purposes. And, when
reward the values of rural America,
simply like to add to the illustrations
they have that public money, they
because it is rural America where the
which the Senator from Colorado elic-
should not be required to behave as
values of the habits of the heart that
ited in connection with his support of
though they were no longer religious
deTocqueville talks about are so alive
the proposal, with this one.
agencies at all.
and well and flourishing. It is there
New York City's foster care system,
The Salvation Army is not the Dis-
where neighbor continues to help
which was obviously already filled
trict of Columbia Department of
neighbor; it is there where a contem-
with troubles, overburdened and
Human Services and the law should
porary version of the barn raising con-
unable to cope with a growing case-
not require it to act as if it were that
tinues to go on.
load, almost self-destructed when the
kind of agency. The Armstrong
I think we are going to have a lot to
city imposed onerous requirements on
amendment would assure that S. 1430
learn from the creative ways rural
religious foster care agencies. Those
embodies these principles. It really
America implements it. Also I say to
agencies, of course, provide relief to a
does three things.
the Senator this provides an opportu-
public system that sorely needs it by
The bill itself is clear in its prohibi-
nity structure. That is what this bill is.
finding foster homes for children who
tion of religious activities. But it is un-
It goes to three basic values we want
need those homes.
clear about whether religious entities
to foster in our society: Access to the
But city leaders, after having been
are eligible to participate in publicly
American dream, the ability to pursue
pressured by the American Civil Liber-
supported national and community
higher education or accumulate a nest
ties Union, started requiring these reli-
service programs. This amendment
egg for a down payment on first-time
gious agencies to stop preferring chil-
makes it clear that those entities are
home ownership, but not a giveaway
dren of their own faiths, to drop re-
eligible.
1688
CONGRESSIONAL RECORD
February 27, 1990
The amendment states that religious
age voluntarism, to try to reward
this proposal. I commend him for that
ntities that participate in programs
people who volunteer-in fact, this
effort.
nded under the act are not thereby
bill, some would say, makes being a
S. 1430 is comprehensive, and I
quired to transform themselves into
volunteer a paid profession, which
would add complementary of existing
ecular organizations. They can con-
many would suggest is not in the spirit
service programs. States would be
inue to display religious symbols and
of voluntarism-I can see no logic
given the opportunity to apply a newly
decorations, allow people to pray and
whatsoever for not adopting the Arm-
created Corporation for National Serv-
voluntarily recite religious hymns,
strong amendment because it simply
Ice for grants to expand or develop
promote moral tenets like honesty, de-
assures that a bill aimed at encourag-
service programs. The States would
pendability. and fidelity which are ac-
ing voluntarism not exclude the very
apply for Federal funds to, one, devel-
cepted by the vast majority of our so-
heart of the voluntary effort in Amer-
ciety but which in these cases are
ep programs for school age youth and
ica. That very heart of the effort has
often based on religious precepts.
local schools or community organiza-
been centered in churches and reli-
And finally the amendment includes
tions; or, number two, expand or devel-
gious organizations.
provisions similar to those included in
op full time or summer conservation
I think this is a needed clarification
S. 5, the Act for Better Child Care,
or Youth Service Corps for youths be-
in this bill. I think it is a needed clari-
which we debated at great length on
tween the ages of 16 and 25; and,
fication in law. I congratulate our dis-
the floor of this body last year.
tinguished colleague from Colorado,
third, develop a community serviced
Those provisions would allow a reli-
and I urge my colleagues to support
demonstration program; or, lastly. de-
gious entity which participates in pro-
this amendment.
velop an innovative idea of their own
grams funded under S. 1430 first to re-
Mr. President, I suggest the absence
outlined in the grant application.
quire that participants adhere to its
of a quorum.
Moreover, S. 1430 would also author-
religious tenets; second, to require
The PRESIDING OFFICER (Mr.
ize President Bush's Points of Light
that such participants adhere to rules
FOWLER). The clerk will call the roll.
Foundation to promote volunteer serv-
forbidding the use of drugs and alco-
The assistant legislative clerk pro-
ice in this country.
hol; and third, that in choosing be-
ceeded to call the roll.
The Federal Government's commit-
tween two or more prospective partici-
Mr. DODD. Mr. President, I ask
ment to inspire civic responsibility has
pants, to hire a person who is already
unanimous consent that the order for
a very long and proud tradition.
involved on a regular basis in the ac-
the quorum call be rescinded.
Mr. President, as we all know, it has
tivities of the organization which is
The PRESIDING OFFICER. With-
waned since the leadership of Presi-
engaged in the hiring.
out objection, it is so ordered.
dent Kennedy in the early 1960's. "Ask
It seems to this Senator, Mr. Presi-
Mr. DODD. Mr. President, I rise in
not what you can do for your country"
dent, that this is a fair and appropri-
strong support of S. 1430, the National
is a long long way from our "Are you
ate addition to S. 1430. The goal of S.
and Community Service Act of 1990,
better off than you were in 1980." S.
1430, after all, is to encourage volun-
and the proposed committee modifica-
1430 would restore the Federal Gov-
teer activities, to encourage people to
tion offered by the senior Senator
ernment's commitment to make serv-
become foster parents, to encourage
from Massachusetts [Mr. KENNEDY].
ice attractive to young people, and to
people to work to help the homeless,
S. 1430 is the result, as you know, of
foster a service ethic in all America.
encourage a myriad of other salu-
months of work on behalf of the chair-
Mr. President, our country has a
ry activities in our society.
man of the committee, Senator KEN-
wide variety of problems that are liter-
We should encourage, therefore,
NEDY, Senator PELL, Senator NUNN,
ally crying out for a greater commit-
rather than discourage, religious orga-
Senator MIKULSKI, and my office. This
ment to the public good. We are suf-
nizations' participation in the provi-
legislation contains provisions for 15
fering the fallout of a decade that has
sion of these services which, after all,
national service proposals introduced
seen the gulf between the affluent and
is their history and, in many cases, one
by a number of our colleagues in 1989
poor become a very wide chasm
of their major reasons for being.
and provides for service opportunities
indeed. Children, those who are in the
The PRESIDING OFFICER. Is
for Americans of all ages.
dawn of life, are falling through the
there further debate on the amend-
Mr. President, before I get into the
cracks of society each and every day.
ment?
details of the bill I would like to com-
Let me share some of the statistics
The Senator from Massachusetts.
mend our colleague from Utah [Mr.
which all of us are all too painfully
Mr. KENNEDY. Mr. President, I
HATCH) for his willingness to work out
aware of. One out of every four chil-
suggest the absence of a quorum.
a compromise to make S. 1430 a bipar-
dren in this country is living in pover-
The PRESIDING OFFICER. The
tisan package of service opportunities.
ty as the majority of homeless are
clerk will call the roll.
While the compromise would only
families today. And 20 percent of our
The legislative clerk proceeded to
authorize a modest $125 million for
young people are dropping out of high
call the roll.
fiscal year 1990 and fiscal year 1991,
schools.
Mr. GRAMM. Mr. President, I ask
an amount considerably lower than
Let me quickly add that in the soci-
unanimous consent that the order for
when S. 1430 was first proposed, it
eties of Japan and the Federal Repub-
the quorum call be rescinded.
should be noted that we will have the
lic of Germany those numbers hover
The PRESIDING OFFICER. With-
opportunity to reauthorize the pro-
around zero. So we begin to think in
out objection. it is so ordered.
grams within the next 2 years. At that
terms of competition with the 20-per-
Mr. GRAMM. Mr. President, I rise
time the programs will have been
cent dropout rate. And, by the way,
in strong support of the Armstrong
tested, and if they prove to be success-
that is the national average. When
amendment.
ful. as I am confident they will, we will
you get into our cities in this country
Mr. President, throughout the his-
have every reason to increase the au-
that number reaches into the 50 to 60
toryu of our great nation, churches
thorization levels and to expand the
percent category.
and religious organizations have
programs.
Also, many of the 37 million Ameri-
formed the very heart of voluntary
Once again the Senator from Utah
cans without health insurance are
action. President Reagan once said,
has provided that there is the oppor-
children. In fact, 15 million kids in this
"How can we love our country and not
tunity to reach a compromise in this
society have no health coverage what-
love our countrymen and, seeing our
institution, and to do what is neces-
soever. Whatever complaints you may
countrymen in need, not reach out a
sary to try to deal with some of the
want to level at their parents, you
elping hand?" In the entire history
pressing problems of this country.
cannot blame 15 million kids for not
the Republic, churches and reli-
I have had the unique pleasure and
having health insurance.
us organizations have led that
privilege to work with him on other
Many large and small cities across
fort.
matters, and frankly it comes as no
this country are in a state of decay.
If we are about to enter into a Fed-
surprise to me that he was able and
Drugs, as we all know, are ravaging
eral funding program to try to encour-
willing to work out a compromise on
many of our cities and communities,
February 27, 1990
CONGRESSIONAL RECORD SENATE
1689
and eroding the next generation of
little doubt that these emotions con-
Corps, for instance, have already made
workers, parents, and leaders.
tribute to the dropout rate, low
enormous contributions to our coun-
Mr. President, we are not going to
morale, substance abuse, and extreme-
try. Just in 1989, corps members from
solve all of these problems with a line
ly low voter turnout of young people
around the country traveled to Yel-
item in the Federal budget. We are not
between the ages of 18 and 24. For the
lowstone, SC, and California to help
going to solve them all by coming up
young people, for our communities,
rebuild communities and parks devas-
with more taxes at the local or State
and the Nation, we need to take the
tated by fires, earthquakes, and hurri-
level. We are going to need a commit-
necessary steps to convince young
canes.
ment from all levels of government.
people to realize that they have tre-
It is not enough to make service op-
But one of the things we ought to be
mendous potential and can contribute
portunities more available to Ameri-
able to do is to encourage Americans
significantly. More importantly. we
cans. The programs have to be afford-
of all ages, of all backgrounds, to par-
need to help young people to appreci-
able to the sponsors and participants.
ticipate in doing what we can to turn
ate that each and every one of them
S. 1430 attempts to make service more
some of these statistics around in this
has something to contribute to this
affordable for all Americans. To help
next decade. That is what the bill pro-
country.
defray living expenses, States could
posed by Senator KENNEDY, myself,
One of the best ways I know of to in-
provide participants in the full-time
Senator MIKULSKI, Senator NUNN,
still in young people a sense of pride in
programs stipends not to exceed the
Senator HATCH, and others attempts to
accomplishment is through service. As
poverty level for a family of two,
do.
I said, I know because it happened to
$8,020. For each year of service partici-
It is one small piece in that puzzle. It
me. I am confident that people across
pants would also receive a voucher,
is not going to solve the problem. But
this country, given the same kind of
if we fail to convince Americans of all
not to exceed $5,000, to invest in an
opportunities here at home, will re-
ages, of all economic levels, to partici-
spond to them as I did. There is noth-
education or the purchase of a first
home.
pate in resolving these problems, then
ing different from my generation than
I would suggest to you the problems
this generation, not a single thing.
Some will say that is not volunteer-
are going to become worse.
The difference was, in my generation
ing. If you are going to provide a sti-
The state of affairs demands the
there was a government that asked a
pend at the poverty level and you are
urgent attention and leadership of
generation to participate. Regretfully,
going to provide additional resources
every one of our citizens at all levels of
we have failed to make that similar re-
to encourage one's further education,
government, including the Federal
quest of this generation. But they are
then you are actually engaging in a
Government as well.
there, they are willing ot participate,
contradition of terms here; this is not
We must mobilize our human re-
they are willing to serve. All that
volunteering, it is fully paying some-
sources to attack the myriad of soci-
needs to be done is for them to be
one. I suppose in an absolute literal
etal ills. We must once again call, as I
asked to participate. I think all of us
sense there is some merit to that.
said a moment ago, all Americans to
are confident they will respond accord-
I was a Peace Corps volunteer, I was
service.
ingly.
paid $5,000 a year; $100 a month, to
Americans of all ages and from all
When I have the opportunity to
pay for my rent and food in the small
economic backgrounds and circum-
speak to high school students in my
village I lived in in the Dominican Re-
stances can and should feel like con-
own State I cannot emphasize enough
public. I was one of the more affluent
tributing members of our society.
the benefits of national community
people in town. At $100 a month I
They just need to be asked. I will
service. Last spring, when I heard tes-
guess I could suggest I was not a vol-
never forget when I joined the Peace
timony in Hartford on community
unteer. My house cost $13 a month,
Corps back in the 1960's a particular
service, middle school and high school
my food was $30 a month, my laundry
interview which I think may have had
young people discussed the enjoyment
was $5 a month, and the rest was con-
more to do with my decision, as I was
and satisfaction they experienced
sidered excess, I suppose, if you will.
in my senior year in college, to join
when tutoring or bringing food to el-
That made me one of the richest guys
the Peace Corps than anything else.
derly or fighting a forest fire. In par-
in town. But in a sense I think I was a
It was an interview with a person
ticular, one witness, a young man by
volunteer at $100 a month. Certainly
who had joined that Peace Corps and
the name of Richard Innaimo, of the
in this country today if you are living
come back. They asked him why he
Connecticut Conservation Corps, was
at the poverty level and putting
had not done something like that
quoted as saying, "I am proud of what
money away for one's education is
before. His simple one line answer was,
I do and the knowledge and experi-
roughly the same thing.
"Nobody ever asked me before."
ence I get out of CCC. I get a sense of
Second, I would add, volunteering
All of sudden I remembered that
accomplishment when I do something
ought not to be something one can do
there was this fellow in the White
that will make people enjoy our State
because you are affluent enough to do
House who had asked me to do some-
parks." Mr. President, we need to get
it. If your suggestion would be that
thing like that. I got excited about it. I
the word out that service can be an ex-
the only people who could volunteer
thought if he got excited about it this
citing and rewarding experience.
would be the people who would not
really might be something worth
The programs outlined in title I are
have to accept the stipend or would
doing. That, more than anything else,
designed to build on the existing struc-
not have to accept some assistance for
is the spark that lit my interest in
ture of service opportunities available
furthering their education, then you
serving in the Peace Corps in the Do-
in States. There are prototypes of
will eliminate some of the very people
minican Republic. That event had,
school, community, and conservation
who may benefit the most from volun-
more to do with my adult life, with the
service programs already in place in
teering.
exception of my family, than any
many States in this country. In par-
I mentioned a moment ago about
other event or set of circumstances.
ticular, title I, section C, of the modifi-
speaking to high school students in
So volunteering made a big differ-
cation, which I originally sponsored, to
Hartford, CT, who were involved in
ence. It can make a big difference in
make grants available to States for
volunteer programs. Some of those
others' lives as well. All we need to do
conservation and youth service corps
young people were the poorest people
in many ways is really just ask and
programs,' would build on model pro-
in Hartford, CT, who were volunteers,
back up our request for a greater
grams already in place in some 20
out there doing a good job. They had a
number of opportunities for service.
States.
sense of participation and contribu-
Young people today complain of feel-
Title I section (c) of the bill is really
tion.
ing detached, isolated from society.
taking advantage of a program that al-
Mr. President, I see that the Chair is
According to a poll conducted by Peter
ready exists in some 20 States. It is a
interested in moving on to another
Hart Associates, fewer young people
tested program that has already been
matter.
feel compelled today to serve the com-
working extremely well. The partici-
Mr. KENNEDY. Will the Senator
munity than ever before. There is
pants in the existing Conservation
yield?
S 1690
CONGRESSIONAL RECORD - SENATE
February 27, 1990
Mr. DODD. I am happy to yield.
an educational grant assistance pro-
a volunteer in the Peace Corps, and he
ORDER FOR RECESS FROM 12:45 P.M. UNTIL 2:15
gram to put money aside to further
has been one of the strongest and
P.M.
one's education.
most active members of our committee
Mr. KENNEDY. Mr. President, as I
S. 1430 will make service more af-
in the shaping of this legislation. He is
understand the order is to recess at
fordable for college graduates with
also chairman of a subcommittee of
12:30, am I correct?
outstanding student loan costs. In the
our Committee on Human Resources
The PRESIDING OFFICER. The
1986 Higher Education Act reauthor-
that extends the various other volun-
Senator is correct.
ization, I sponsored a provision which
tary programs, the ACTION Program
Mr. KENNEDY. I ask unanimous
partially cancels the direct student
and others. They have all benefited
consent that the time be extended to
loans of Peace Corps and Vista volun-
from his oversight and involvement.
12:45, and that the Senator from Con-
teers. These benefits would be ex-
As a member of the Foreign Relations
necticut be permitted to conclude his
tended to cover Stafford student loans
Committee, he continues to pursue the
remarks and, as I understand, the Sen-
as well, thanks to the provisions in S.
support for the Peace Corps. He and I
ator from California wants to make
1430 first introduced by Senator
can remember it was not long ago
some remarks.
BUMPERS. Furthermore, provisions au-
when there were attempts by the ad-
The PRESIDING OFFICER. Hear-
thored by Senator BUMPERS would
ministration to basically emasculate
ing no objection, it is so ordered.
allow participants in Peace Corps-type
that program, that has been so suc-
Mr. DODD. I thank the Senator
positions with tax-exempt community
cessful.
from Massachusetts and I will be very,
service organizations to also qualify
So we are indeed grateful for not
very brief here.
for the loan forgiveness.
only his strong statement but for the
But the point is Mr. President, that
Opponents of S. 1430 will argue that
very commendable work that he has
volunteering ought not to be some-
the Federal Government should not
involved himself in in this area as well
thing that one is affluent enough to
be spending this kind of money for
as many others.
do.
volunteers. I think I have addressed
Mr. President, I ask unanimous con-
When I joined the Peace Corps in
that point as effectively as I know
sent that the amendment of the Sena-
early 1950's, I certainly could afford to
how. It does involve a commitment of
tor from Colorado be temporarily set
do it in many ways. I was fortunate
some dollars. But if we can reduce the
aside. The Senator from Colorado has
enough to grow up in a home where
dropout rates of young Americans, if
agreed to this procedure.
my parents could afford to pay for my
we can increase the literacy of people
The PRESIDING OFFICER. With-
education. I did not have to get in-
who dropped out of school or who
out objection, it is so ordered.
volved in a lot of student loans or a lot
have fallen through the cracks, if we
of debt to pay for my college educa-
can improve on a health care system,
AMENDMENT NO. 1263
tion. I am not sure my parents would
if we can improve the feeding condi-
(Purpose: To provide for national service in
be able to do that today given the cost
tions, nutrition programs of elderly
programs involving drug and alcohol
of education.
Americans, there is no way you can
abuse, education and treatment and for
When I went off and joined the
calculate the dollars saved by becom-
other purposes)
Peace Corps, I could do so. I did not
ing involved in programs like this.
Mr. DOMENICI. Mr. President, I
have to go to work and immediately
I do not think anyone would argue
send an amendment to the desk and
pay off student loans. Today we would
with the notion that we would be
ask for its immediate consideration.
like to attract all people to service and
saving millions of dollars if we can
The PRESIDING OFFICER. The
including people who dropped out of
save some of these people, make them
clerk will report the amendment.
school. And what title I says is, you do
more self-sufficient or reduce the like-
The assistant legislative clerk read
not have to have a high school educa-
lihood they are going to have serious
as follows:
tion or high school diploma to partici-
health problems.
The Senator from New Mexico [Mr. Do-
pate.
This bill allows us to do that, allows
MENICI] proposes an amendment numbered
I talked to some young people here
us to invest small amounts of money
1263.
in Maryland who were involved in a
and reap tremendous benefits for the
Mr. DOMENICI. Mr. President, I
conservation program. Many of them
recipients as well as those who will be
ask unanimous consent that the read-
had dropped out of school and were
motivated to serve our great Nation.
ing of the amendment be dispensed
attracted and drawn into this conser-
There are a lot of problems in our
with.
vation program. And, in every single
country. Again this bill will not solve
The PRESIDING OFFICER. With-
case, every one of them had gone back
all of them but it comes close to at
out objection, it is so ordered.
and gotten a high school diploma.
least making it possible for all Ameri-
The amendment is as follows:
Every single one of them said the
cans to participate in the resolution of
On page 19, line 18, strike "and".
reason they did so was because of the
these problems.
On page 19, between lines 18 and 19,
positive experience they had had as
I again commend our colleague from
insert the following:
volunteers in the Conservation Corps
Massachusetts for bringing these vari-
(L) disclose whether the program plans in-
program of Maryland, and that they
ous ideas together; our colleague from
clude preventing and treating school age
felt with an education they could even
Utah for being a significant, positive
drug and alcohol abuse and dependency;
do more.
and
and, once again, contributing factor to
On page 19, line 19, strike "(L)" and insert
So, volunteering ought not to just be
the development of this legislation;
(M).
for middle- or upper-class folks. It
my colleague from Maryland [Ms. MI-
On page 35, line 5, after "facilities," insert
ought to be available as well to the
KULSKI], who has been deeply involved
"activities that focus on drug and alcohol
poor and people who have not com-
and interested in the subject matter
abuse education, prevention and treat-
pleted a high school education. And
for a long, long time; and Senator
ment,".
title I is designed to do it. Volunteer-
NUNN for his deep interest in national
On page 53, line 4, strike "and".
ing is not only good for the recipient
service.
On page 53, after the semicolon, insert
of a volunteer service, it is extremely
"and".
I hope that our colleagues will sup-
good for the volunteer. It can give a
On page 53, between lines 9 and 10, insert
port and adopt this legislation before
the following:
person who has never had the sense of
too long.
(C) service in programs engaged in the
self-worth and accomplishment that
I thank the Chair and I yield the
education, prevention, and treatment of
experience for the first time in their
floor.
drug and alcohol abuse, including care pro-
lives.
Mr. KENNEDY. Mr. President, I
grams for cocaine-addicted babies;
So our title I is designed to build on
wish to once again pay tribute to the
Mr. DOMENICI. Mr. President, I
existing programs and to make volun-
Senator from Connecticut for his
could take a long time to discuss the
teering something available to all
strong commitment in voluntarism
philosophy and notion encapsulated in
Americans, even though there is a cost
and in service. He has demonstrated
this bill. I have listened with attention
involved here of a living stipend and
that with his own life's commitment as
to my friend from Connecticut and
February 27, 1990
CONGRESSIONAL RECORD SENATE
169.1
others. The Senator from Connecticut
the Senator from New Mexico [Mr.
posed in S. 1430. Community service
cited various experiences he has had
DOMENICI].
will help Indian youth learn about the
with reference to the joy and fulfill-
The amendment (No. 1263) was
interworkings of their communities
ment that comes from the kind of
agreed to.
and of government, while at the same
services that he described here, includ-
Mr. DOMENICI. Mr. President, I
time providing valuable contributions
ing the Peace Corps.
move to reconsider the vote by which
that make a difference close to home.
I might say to my good friend I am
the amendment was agreed to.
Reservations in North Dakota and
very privileged in that I happen to
Mr. KENNEDY. I move to lay that
elsewhere have unemployment rates
have a lot of children. They are now
motion on the table.
that reach as high as 80 percent. They
almost grown. My twins are 22, and I
The motion to lay on the table was
frequently need assistance in water,
have 8 children. so they are the babies.
agreed to.
sanitation and various natural re-
I can tell you there is no question that
Mr. DODD. Mr. President, let me
source areas. They need housing im-
the young people-and I know this is
commend my colleague from New
not just a young people bill, but the
Mexico for this amendment and thank
provements. And like any other com-
young people of this country truly
him, as well, for his remarks. He has
munity, they need enlightened leader-
almost a whole youth corps right
ship.
yearn for an opportunity to help
there under this own roof with eight
Community service opportunities for
others. As a matter of fact, I think we
children. Having been one of six, I can
Indian youth and for others in their
are remiss because our society is so
relate to what that experience is like.
communities will help reservations
built around competition and success
and getting a niche in life that it is
And I have had the opportunity to
build for the future. There are many
meet a number of his children. He and
benefits that this legislation can pro-
very difficult for it to find a niche for
those who want to take a little time in
his lovely wife have done a fantastic
vide to reservations, and I am pleased
job with that crew of theirs. I am not
to offer this amendment today.
an orderly and organized way and be
helpful to others. We have a difficult
surprised at all they are anxious to
Mr. KENNEDY. Mr. President, this
time structuring that because it is ob-
participate and volunteer.
amendment basically clarifies that
vious that is not the prime activity of
AMENDMENT NO. 1264
Indian tribes are eligible to receive
(Purpose: To ensure that Indian tribes are
grants directly from the Federal Gov-
the country. We have to get along
with our economic concerns, our pri-
eligible to receive grants under all subti-
ernment to operate a Conservation
tles of title I)
vate sector development, and jobs. But
Corps or Youth Service Corps. It is
I do not need my family to be con-
Mr. KENNEDY. Mr. President, I
completely consistent with our inten-
vinced that we ought to provide more
send an amendment to the desk on
tions, and it is supported by my col-
behalf of Senator CONRAD and ask
opportunity for young people to help
league the Senator from Utah.
unanimous consent that the Arm-
other young people, or to participate
We are prepared to support that
in being helpful to those in need.
strong amendment be temporarily set
amendment.
aside and that we proceed to the con-
The PRESIDING OFFICER. If
Having said that, my amendment is
sideration of this amendment.
a simple one. At various places in the
there be no further debate, the ques-
The PRESIDING OFFICER. Hear-
bill where we mention and describe
tion is on agreeing to the amendment
ing no objection, it is so ordered. The
specific service activities, knowing full
of the Senator from North Dakota, of-
armstrong amendment is set aside.
well that those were not intended to
fered by the distinguished chairman.
The clerk will report.
be all inclusive, I have asked that in
The amendment (No. 1264) was
The assistant legislative clerk read
each of those three places in the bill
agreed to.
as follows:
we include drug treatment, and drug-
Mr. KENNEDY. Mr. President, we
related preventative activities in the
The Senator from Massachusetts [Mr.
are looking for our colleague and
scope of community service in which
KENNEDY], for Mr. CONRAD, proposes an
friend from Colorado to see if we
amendment numbered 1264.
we are encouraging American citizens,
cannot have a disposition of that legis-
young and old, under this bill to par-
Mr. KENNEDY. Mr. President, I ask
lation. I believe that we will, at 4:30
ticipate.
unanimous consent that reading of the
when we resume consideration of this
It would not necessarily be excluded
amendment be dispensed with.
bill.
if my amendment is not part of the
The PRESIDING OFFICER. With-
We are prepared to consider the re-
bill, but I think the managers of the
out objection, it is so ordered.
maining amendments. We have been
bill agree with me that it would serve
The amendment is as follows:
able to dispose of a number of those
well to list drug prevention and relat-
On page 26, line after line 19, add the fol-
amendments. There are, perhaps, at
ed activities as one of the areas where
lowing new section:
least that have been communicated to
we would like our citizens to help
SEC. 117. TREATMENT OF INDIAN TRIBES.
me, a half a dozen that need our atten-
other citizens in various social service
An Indian tribe shall be treated the same
tion. So I ask our colleagues on both
modes. That is essentially the amend-
as a State for purposes of making grants
sides of the aisle, when we resume con-
ment. I ask for its immediate consider-
under this subtitle.
sideration of this bill, if they would be
ation.
On page 27, between lines 20 and 21,
insert the following new paragraph:
good enough to come to the floor and
Mr. KENNEDY. Mr. President. I
(3) INDIAN TRIBES.-An Indian tribe shall
offer these amendments.
commend the Senator from New
be treated the same as a State for purposes
We are prepared to debate these
Mexico for this amendment. What it
of making grants under this subtitle.
amendments. We support some. We
would do is, in the various school-
On page 52, between lines 9 and 10, insert
will be glad to work out with our col-
based systems, it would make a part of
the following new subsection:
leagues as many of those that can be
the application that an indication that
(h) INDIAN TRIBES.-An Indian tribe shall
worked out.
there are drug and alcohol education
be treated the same as a State for purposes
of making grants under this subtitle.
Hopefully we can move along. We
programs, and, second, it would make
On page 66, between lines 2 and 3, insert
have had a good discussion of this leg-
the drug and alcohol treatment pro-
the following new subsection:
islation yesterday. To my knowledge
grams. rehabilitation programs, pre-
(d) INDIAN TRIBES.-An Indian tribe shall
we have yet to have anyone speak in
vention programs in the community
be treated the same as a State for purposes
opposition to it. There are some ideas
eligible for these kinds of activities.
of making grants under this subtitle.
that we will have to address. Some we
This is completely consistent with
Mr. CONRAD. Mr. President, this
support, some we do not feel should be
what we intend with this program. I
amendment will ensure that Indian
a part of this legislation. But we are
think it is a useful and valuable
reservations are eligible to participate
glad to get to them this afternoon.
amendment. I urge the Senate to
in community service programs re-
We know we have other urgent busi-
accept it.
gardless of whether their States do so.
ness here on the agenda so we are
The PRESIDING OFFICER. The
Indian reservations stand to benefit
eager to dispose of these matters as
question occurs on the amendment of
substantially from the programs pro-
quickly as we can.
1692
CONGRESSIONAL RECORD-SENATE
February 27, 1990
I hope our colleagues will come to
should involve an educational benefit.
Mr. BYRD. Mr. President, I ask
the floor immediately after the cloture
Most important, the educational bene-
unanimous consent that no time be
vote and be prepared to dispose of
fit should supplement, and not re-
charged against either side on the
these amendments.
place, our existing, proven Federal stu-
quorum call.
Mr. President, I suggest the absence
dent aid programs.
I suggest the absence of a quorum.
of a quorum.
It would be cruel, indeed, to replace
The PRESIDING OFFICER. With-
The PRESIDING OFFICER. The
programs that today serve over 6 mil-
out objection, it is so ordered. The
clerk will call the roll.
lion students with one that would
clerk will call the roll.
The assistant legislative clerk pro-
serve less with less assistance, and
The assistant legislative clerk pro-
ceeded to call the roll.
would require a special obligation of
ceededito call the roll.
Mr. PELL. Mr. President, I ask
service by the poor simply because
Mr. BYRD. Mr. President, I ask
unanimous consent that the order for
they are poor.
unanimbus consent that the order for
the quorum call be rescinded.
Mr. President, under the provisions
The PRESIDING OFFICER. With-
the quorum call be rescinded.
of my demonstration program, citizens
The PRESIDING OFFICER. With-
out objection, it is so ordered.
of all ages could elect to serve in
The Senator from Rhode Island is
out objection, it is so ordered.
either a full- or part-time community
recognized.
service program. Participants would be
ORDER OF PROCEDURE
Mr. PELL. Mr. President, I am de-
paid a stipend during their tenure.
Mr. BYRD. Mr. President, I yield
lighted that the National and Commu-
Such a provision would open the doors
myself such time as I may consume.
nity Service Act has finally reached
of community service to all Ameri-
My purpose in asking consent that the
the floor, and contains my original
cans-rich or poor. Without stipends,
time not becharged against either side
proposal to establish a National Serv-
community service would become the
was to assure that both conferences
ice Demonstration program with edu-
domain of the rich, or those able to
were completed and that the Republi-
cational benefits.
depend on others for financial support
can leader was here. That was my only
As one who has been a longtime ad-
during their tenure. Such people do
purpose in doing that. I ask unani-
vocate of national service, I am very
not make up the majority of Ameri-
mous consent therefore that the vote
encouraged by the considerable na-
cans.
on cloture be extended accordingly.
tional attention this issue has now re-
When participants successfully com-
The PRESIDING OFFICER. With-
ceived.
plete the community service require-
out objection, it is so ordered.
We are at the point where we should
ment, they would be entitled to receive
Mr. BYRD. Mr. President, while lis-
enact a demonstration program of vol-
an educational benefit of $5,000 for
tening to the proponents of Senate
untary national service involving a
each year of full-time service and
Joint Resolution 212 in the course of
strong community service and educa-
tion component. The demonstration
$2,000 for each year of part-time serv-
last week's debate, I had occasion to
ice. The stipend could either be used
recall the words of that most eloquent
program contained in this bill will
at an institution of higher education
interpreter of Whig historical philoso-
enable us to test the concept of na-
or for enrollment in an apprentice and
phy, the 19th century English scholar
service, and to gain valuable in-
training program. A second option is
Thomas McCaulay who, in his famous
formation in several areas.
to use the voucher for a down pay-
essay entitled "History," penned the
First, this demonstration program
will enable us to learn how much in-
ment on a home.
following words:
terest there is in community service.
It is appropriate, indeed, that the
No picture then, and no history. can
While community service programs
fulfillment of two aspects of the Amer-
present us with the whole truth: but those
ican dream-home ownership and a
are the best pictures and the best histories
exist on many college campuses today,
we do not have detailed information
college education-are made more ob-
which exhibit such parts of the truth as
on either the extent or the depth of
tainable by this bill. For millions of
most nearly produce the effect of the whole.
He who is deficient in the art of selection
student interest in this area. Conse-
American families, these two goals are
may, by showing nothing but the truth,
quently, before we embark on a full-
of utmost importance. I am proud to
produce all the effect of the greatest false-
blown program, it is, to my mind, very
be part of such an innovative program
hood.
important that we have this kind of
and look forward to the benefits it will
As one after another 1 heard my col-
information.
bring to so many citizens in our
leagues present tiny pieces of the com-
Second, we do not know the kind of
Nation.
plicated history of Turkish-Armenian
people who will be interested in com-
relations during the years 1915-23 as if
munity service. The demonstration
RECESS
they were reyealing the greater truth,
program will accomplish that by
I realized that despite my firmly held
giving us crucial information on the
The PRESIDING OFFICER. Under
contention that this body is not the
socioeconomic background of those
the previous order, the hour of 12:45
place to judge history, I still have a re-
who participate.
p.m. having arrived, the Senate will
sponsibility to try to ensure that the
Third, the demonstration program
now stand in recess until 2:15 p.m.
selections presented here do not-and
would give us a much better idea of
Thereupon, at 12:45 p.m., the Senate
I quote McCaulay again-"produce all
just how expensive a comprehensive
recessed until 2:15 p.m.; whereupon,
the effect of the greatest falsehood."
program might be, and would enable
the Senate reassembled when called to
Throughout last week's debate we
us to judge whether or not we could
order by the Presiding Officer [Mr.
heard countless references to our
afford such a program given the
KOHL].
American envoy to the Ottoman
severe budgetary constraints confront-
Empire, Ambassador Henry Morgen-
ing us. Estimates are that a compre-
hensive program could cost as much as
ARMENIAN GENOCIDE DAY OF
thau, as a primary supporter for the
$50 billion a year, and that would most
REMEMBRANCE
view that the deaths of Ottoman Ar-
menians between 1915 and 1923 are
certainly place any program beyond
MOTION TO PROCEED
best termed a "genocide." However, a
our reach. The demonstration pro-
The PRESIDING OFFICER (Mr.
review of the chronology in question
gram would enable us to determine
KOHL). Under the previous order, the
establishes a number of interesting
whether or not such an estimate is ac-
hour of 2:15 p.m. having arrived, there
and indisputable facts: First, Ambassa-
curate, as well as whether or not we
will now be 2 hours of debate on the
dor Morgenthau's tenure in Turkey
could get along with a more limited
motion to proceed to the consideration
covered only the first 9 months (from
program.
of Senate Joint Resolution 212, to be
April 24, 1915-January 31, 1916) of the
This legislation also involves a com-
equally divided and controlled by the
108 months covered by the resolution.
mitment to what I consider a very im-
Senator from West Virginia Mr.
In other words, both his reports and
portant concept, namely that success-
BYBD) and the Senator from Kansas
his expertise are clearly confined to
ful completion of community service
[Mr. DOLE].
less than 10 percent of the period en-
51716
S1716
CONGRESSIONAL RECORD - SENATE
February 27, 1990
(1). Or. the ground that Armenian officials
[Rollcall Vote No. 17 Leg.]
result: Violeta Chamorro unexpectedly
may be spies, expel and drive them out abso-
YEAS-48
and decisively defeated Daniel Ortega.
lutely from every Govern
Armenians
in the Army-this to be left to the military
Armstrong
Garn
Lautenberg
Much of the early comment we have
Bentsen
Glenn
Levin
to do,
heard focuses on the faulty polling
Biden
Gore
Mikulski
(9). All action to begin everywhere simful-
Bingaman
Grassley
Mitchell
data which predicted an easy Sandi-
taneously. and thus leave no time for prepa-
Boschwitz
Harkin
Moynihan
nista victory, declarations of support
ration of defensive measures.
Bradley
Hatch
Murkowski
for economic aid and assistance, and
(10). Pay attention to the strictly confi-
Burdick
Heflin
Pell
assertions that this election vindicates
Chafee
Heinz
Presslet
dential nature of these instructions, which
Coats
Helms
Riegle
President Reagan's legal and illegal
may not go beyond two or three persons.
Cohen
Humphrey
Rudman
war against the Sandinista govern-
(n.b. Above is verbatim translation date
Cranston
Jeffords
Sarbanes
ment. Most remarkably we have heard
December 1914 or January 1910.)
D'Amato
Kassebaum
Simon
it said that the election was 8 state-
DeConcini
Kasten
Specter
Mr. DOLE. Mr. President, I yield
Dole
Kennedy
Stevens
ment for freedom and democracy by
back any time and I urge my col-
Domenici
Kerry
Thurmond
the people of Nicaragua.
leagues to vote to shut off debate so
Durenberger
Kohl
Wilson
Mr. President, there is another side
we can go on to the resolution.
NAYS-51
to this story.
Adams
Fowler
Metzenbaum
This morning. I heard a member of
Baucus
Gorton
Nickles
the Nebraska delegation, Congressman
TrAining
CLOTURE MOTION
Bond
Graham
Nunn
Boren
Gramm
Packwood
DOUG BEREUTER, as part of the Presi-
The PRESIDING OFFICER. All
Breaux
Hatfield
Pryor
dent Carter observer group, describe
time having been yielded back, under
Bryan
Hollings
Reid
the poor and often illiterate people
Bumpers
Inouy
Robb
the previous order, pursuant to rule
who were willing to risk and endure a
Burns
Johnston
Rockefeller
XXII, the Chair lays before the
Byrd
Kerrey
Roth
great deal in order to cast their vote.
Senate the pending cloture motion,
Cochran
Leghy
Sanford
He described the efficiency of the elec-
Conrad
Lieberman
Sasser
tion itself and the manner in which
which the clerk will state.
Danforth
Lott
Shelby
The legislative clerk read as follows:
Daschle
Lugar
Simpson
the Sandinista government appears
Dixon
Mack
Symms
willing to turn over power to the duly
CLOTURE MOTION
Dodd
McCain
Wallop
elected Mrs. Chamorro.
We. the undersigned Senators, in accord-
Exon
McClure
Warner
ance with the provisions of Rule XXII of
Ford
McConnell
Wirth
He described peasants walking all
day in order to vote. He described the
the Standing Rules of the Senate, hereby
NOT VOTING-1
care that was taken to guarantee the
move to bring to a close debate on the
Matsunaga
citizens the secrecy needed if votes
motion to proced to the consideration of
The PRESIDING OFFICER. On
were not to be coerced. He spoke about
S.J. Res. 212, a joint resolution designating
this vote, the yeas are 48; the mays are
men and women who thrilled at the
April 24, 1990, as "National Day of Remem-
brance of the Seventy-Fifth Anniversary of
51. Three-fifths of the Senators duly
freedom they enjoyed on Sunday: The
the Armenian Genocide of 1915-1923.
chosen and sworn not having voted in
right to vote for whomever they
Bob Dole, Edward Kennedy, Pete
the affirmative, the motion is rejected.
wanted.
Wilson, James M. Jeffords, Paul Sar-
Mr. President, the American people
banes, Jake Garn. Arlen Specter, Pete
should understand that this right to
Domenici, Alforase D'Amato, Larry
NATIONAL AND COMMUNITY
vote originated in an accord which was
Pressler, Bill Bradley, John Heinz,
SERVICE ACT OF 1989
signed by the Central American presi-
John F. Kerry, Nancy L. Kassebaum,
Mr. MITCHELL Mr. President, I
dents on February 14, 1989, under
Carl Levin, Strom Thurmond.
ask unanimous consent that the
which Sandinistas agreed to political
Mr. BYRD. Mr. President, I ask that
Senate return to consideration of S.
reforms and early elections in ex-
the clerk announce the names of the
1430, the National and Community
change for a commitment to draw up a
Senators as they vote.
Service Act.
plan to disband the Contras within 90
The PRESIDING OFFICER. The
days.
clerk will report.
This diplomatic approach was in
CALL OF THE ROLL
The legislative clerk read as follows:
striking contrast to the Contra war fi-
The PRESIDING OFFICER. By
A bill (S. 1430), to enhance national and
nanced by the Reagan administration
animous consent, the quorum call
community service, and for other purposes.
which contributed heavily to the
has been waived.
The Senate continued with the con-
death and destruction in Nicaragua.
sideration of the bill.
The United States did not partici-
Mr. KENNEDY. Mr. President, I
pate in this accord. The Bush adminis-
VOTE
suggest the absence of a quorum.
tration was, in fact, caught completely
The PRESIDING OFFICER. The
The PRESIDING OFFICER. The
by surprise when these leaders
question is, Is it the sense of the
clerk will call the roll.
reached their agreement. Suddenly,
Senate that debate on the motion to
The legislative clerk proceeded to
we were on the sidelines. The Bush ad-
proceed to the consideration of Senate
call the roll.
ministration and Congress agreed to
Joint Resolution 212, a joint resolu-
Mr. KERREY. Mr. President, I ask
continue monlethal aid to the Contras
unanimous consent that the order for
and stated our qualified support of the
tion designating April 24, 1990, as "Na-
the quorum call be rescinded.
elections.
tional Day of Remembrance of the
The PRESIDING OFFICER. With-
As long as the expectation was that
75th Anniversary of the Armenian
out objection, it is so ordered.
the Sandinistas would win the elec-
Genocide of 1915-1923" shall be
Mr. KERREY. Mr. President, I ask
tion, their willingness to freely provide
brought to a close.
unanimous consent that I might be
this right was discounted. It seemed
The yeas and nays are required. The
permitted to proceed 5 minutes as in
beyond the realm of the believable to
clerk will call the roll.
morning business.
consider the possibility that the Sandi-
The legislative clerk called the roll.
The PRESIDING OFFICER. With-
nistas would be voted out from office.
Mr. CRANSTON. I announce that
out objection, it is so ordered.
Therefore, by definition the election
the Senator from Hawaii [Mr. MATSU-
themselves were suspect.
NAGA] necessarily absent.
In the end, the Nicaraguan people
The PRESIDING OFFICER (Mr.
RESULTS OF THE NICARAGUA
who have endured years of war, au-
WIRTH). Are there any other Senators
ELECTIONS
thoritarian rule, and the effects of
in the Chamber desiring to vote?
Mr. KERREY Mr. President, the
long distance policymaking, stood up
The yeas and nays resulted-yeas 48,
elections in Nicaragua last Sunday
for their freedom and their right toia
nays 51, as follows
produced a startling and heartening
democratic government.
S1717-31
February 27, 1990
CONGRESSIONAL RECORD - SENATE
S1717
The United States did not provide
organizations that are layered with
Well, Mr. President, now more than
the people of Nicaragua with a free
bureaucracies and high-priced employ-
ever that Tennessee tradition of vol-
election. They did it for themselves. It
ees.
untarism is needed all across this
is theirs to enjoy and savor.
I think one example of the problems
Nation. Throughout the United
Mr. President, I suggest the absence
that some have experienced in getting
States, basic needs in education.
of a querum.
some of these funds to the homeless
health care, child care, and the envi-
The PRESIDING OFFICER. The
took place in New York City, where
ronment are being neglected. Accord-
clerk willcall the roll.
the foster care system was unable to
ing to a recent study, there are ap.
The bill clerk proceeded to call the
cope with the growing case load and
proximately 3.5 million positions as
roll.
nearly self-destructed from city-im-
tutors, orderlies, health care aides, and
Mr. COCHRAN. Mr. President, I ask
posed onerous requirements on reli-
laborers in forests, farms, parks. and
unanimous consent that the order for
gious foster care agencies.
neighborhoods ready for civilian serv-
the quorum call be rescinded.
In other words, we can make it clear
ice volunteers.
The PRESIDING OFFICER. With-
with this amendment that religious or-
Mr. President, I believe the measure
out objection, it,is 80 ordered.
ganizations which engage in many ac-
before us will help foster the new vol-
Mr. COCHRAN Mr. President, I ask
tivities that serve clearly secular pur-
unteer spirit so badly needed in this
unanimous consent to speak out of
poses should be able to receive public
country. The National and Communi-
order for 1 minute)
funding to achieve those secular ends.
ty Service Act combines the best ele-
The PRESIDING OFFICER. With-
This is by no means interpreted as a
ments of 10 national service bills intro-
out objection, it is so ordered.
method to impose any religious belief
duced in Congress last year. While our
The PRESIDING OFFICER. The
of any kind, or in any way, on any of
legislation provides opportunities for
Senator from Mississippi is recognized.
the recipients.
persons of all ages, I believe a crucial
Mr. COCHRAN. I thank the Chair.
At the same time, I believe, and I
aspect of the bill is its emphasis on
(The remarks of Mr. COCHRAN per-
think the majority of this body will
service by young persons of high
taining to the introduction of S. 2187
and S. 2188 are located in today's
express its opinion very shortly, that
school and college age. Our youth rep-
religious bodies should be able to help
resent a tremendous resource to help
RECORD under "Statements on Intro-
those who are in most dire need of
meet America's volunteer needs-and
duced Bills and Joint Resolution
help.
if we are to tap this resource, we must
5.1430
I want to restate that the amend-
develop programs that will attract and
NATIONAL AND COMMUNITY
ment states that the religious entities
also benefit young people.
SERVICE ACT OF 1989
that participate in programs under the
Last spring, I held 4 days of hearings
The Senate continued with the con-
act are not required to become secular
at high schools throughout Tennessee
sideration of the bill.
organizations. They can continue to
to learn what students, school offi-
Mr. McCAIN. Mr. President, I rise in
display religious symbols or decora-
cials, and community leaders thought
support of the pending amendment by
tions. They can allow people to pray
about volunteer service and the varie-
my colleague from Colorado [Mr. ARM-
and to sing religious hymns voluntari-
ty of plans that had been proposed in
STRONG].
ly, and I emphasize voluntarily, and
Washington. I am very proud of the
I think it is an important amend-
they can affirm and promote moral
young citizens of Tennessee who are
ment and one that will allow us, I be-
tenets like honesty, dependability, and
giving their time and their caring to
lieve, as a nation to make maximum
fidelity.
their communities. Through their
use of the funds available, which we
Finally, this amendment includes
schools, community, and church
all agree are very scarce, in order to
provisions similar to those incorporat-
groups, and other organizations, these
provide for the needs of so many of
ed in S. 5, the Act for Better Child
young Americans are involved in a di-
the needy in our Nation.
Care, which the Senate adopted last
verse mixture of projects that help
Mr. President, churches and other
year. These provisions would allow a
people of all ages and income groups.
religious entities provide social serv-
religious entity that participates in
From those hearings I learned some-
ices to troubled young people, to
the program to require the partici-
thing very important-that no matter
homeless, seniors, people with disabil-
pants adhere to the religious tenets
how students first get involved in com-
ities, and others in communities
and teachings of such organization,
munity service, their volunteer experi-
throughout the country. Because of
and in choosing between two or more
ence was more rewarding than they
their demonstrated effectiveness in
prospective participants, nothing shall
ever imagined.
meeting human needs, religious orga-
prohibit such organization from ac-
The hearings also helped me to iden-
nizations have sometimes received
cepting a prospective participant who
tify several major charactersistics nec-
public funds to help carry out those
is already participating on a regular
essary for a successful national service
services.
basis in other church activities.
program. First, if people are going to
I think one of the best examples of
Mr. President, this is a good amend-
make volunteer service a part of their
that, Mr. President, is the Salvation
ment. I think it is one that would clar-
life they need to be introduced to it at
Army which, for example, for many
ify an otherwise tangled legal system,
an early age. Second, even when incen-
decades has provided effective service
and I appreciate my colleague from
tives are offered, many young people
to the homeless. It has in the past re-
Colorado bringing the amendment up
are reluctant to sign up to volunteer
ceived funding from Housing and
at this time.
for a full year. Third, high schools and
Urban Development to help deliver
Mr. President, I yield the floor.
colleges that promote or require com-
these services.
Mr. SASSER. Mr. President, I rise
munity service for credit experience a
I think if we look at an organization
today as a cosponsor and strong sup-
great deal of success.
where the maximum use of the dollars
porter of both the National and Com-
I am pleased to say that the Nation-
donated and used go directly to the re-
munity Service Act and the substitute
al and Community Service Act incor-
cipient, we would be hard pressed to
amendment offered by Senators KEN-
porated the recommendations that I
find an organization that is more ef-
NEDY, HATCH, and others.
received in my Tennessee hearings.
fective because the members of the
As a citizen of the State of Tennes-
Through the administration of a
Salvation Army. as we know, are vol-
see, the Volunteer State, I understand
newly created Points of Light Founda-
unteers who live at bare subsistence
the value of national and community
tion, competitive grants will be award-
levels themselves.
service. Throughout the history of the
ed to States and local governments to
There are many organizations like
United States, Tennesseans have
run a variety of service programs-in-
the Salvation Army that I believe
always responded in times of need-
cluding one available for students as
would make use of these funds in a
when war, depression, or natural disas-
young as kindergarten age. These pro-
most effective fashion-in fact, per-
ter demanded that everyone do their
grams will offer participants the op-
haps more effectively than some other
part.
portunity to earn a weekly stipend
S1718
CONGRESSIONAL RECORD-SENATE
February 27, 1990
and/or education, training. housing
Mr. McCAIN. Mr. President, I would
Senator
KENNEDY. and Senator
and other benefits depending on the
be glad to bring up my amendment, if
INDUYE.
mount of time served-giving them
there are no Members who would like
These amendments represent refine-
flexibility as to the extent of service
to continue to address the Armstrong
ments and additions to make this legis-
time committed. Finally, the legisla-
amendment. After the Senator from
lation better. We have agreed on lan-
tion will also provide incentives for
Utah finishes his remarks, I would be
guage that I believe would be accepta-
colleges to use work-study funds for
glad to bring up my amendment.
ble to virtually every Senator.
community service-learning programs
AMENDMENT NO. 1265
I urge the adoption of this amend-
and allow college students to pay back
Mr. HATCH. If the distinguished
ment.
their loans through community serv-
Senator will yield, I send an amend-
Mr. KENNEDY. Mr. President. I
ice.
ment to the desk and ask for its imme-
hope the Senator will accept the
Mr. President, the genius of the
diate consideration.
amendments.
measure before us is that it brings to-
The PRESIDING OFFICER. Is
EFFECTIVE DATE FOR LOAN CANCELLATION
gether a tremendous set of public
there objection to setting aside the
PROVISIONS
needs with a bountiful pool of human
pending amendment?
Mr. BUMPERS. Mr. President,
resources. The work done by the vol-
Mr. HATCH. I ask unanimous con-
under the bill as reported from the
unteers will provide long-term public
sent that the pending amendment be
Labor Committee, the modest cost of
benefits to the communities of the
set side for the purposes of consider-
the loan cancellation provisions is not
United States. Volunteers will be
ing this amendment.
felt until 1993 because the loan cancel-
working in government agencies, nurs-
The PRESIDING OFFICER. With-
lation provisions apply only to "indi-
ing homes, hospitals, libraries, day
out objection, it is SO ordered. The
viduals who are' new borrowers" 30
care centers, schools, law enforcement
clerk will report.
days after the date of enactment of
agencies, social service organizations,
The bill clerk read as follows:
the bill. Thus, the loan cancellation
parks, wetlands and forests. and de-
The Senator from Utah [Mr. HATCH] for
provision would apply only to students
pressed urban neighborhoods. And
himself. Mr. BUMPERS, Mr. KENNEDY. and
who had never obtained Federal Gov-
just as important, the volunteer expe-
Mr. INOUYE, proposes an amendment num-
ernment loans. This is what the "new
rience will provide our youth with
bered 1266.
borrowers" limitation means.
training. work experience, basic and
Mr. HATCH. Mr. President, I ask
If this limitation remains in the bill.
life skills, and instill in them a work
unanimous consent that reading of the
we will have to wait for at least 4 or -5
ethic and sense of public service.
amendment be dispensed with.
Mr. President. as chairman of the
years before many people could qual-
The PRESIDING OFFICER. With-
Senate Budget Committee, I am acute-
ify for the loan cancellation provi-
out objection, it is so ordered.
ly aware of the limited funds available
sions. A student would have to enter
The amendment is as follows:
to address the tremendous domestic
college, take out some loans, graduate
In section 241, strike out "to individuals
problems facing our Nation. Despite
from college, begin voluntary service,
who are new borrowers on that date".
tighter budgets, we must find ways to
and then complete at least 1 year of
In section 251, strike out "to individuals
meet the basic needs of our citizens
who are new borrowers on that date".
service before be or she would qualify
and prevent the deterioration of our
At the appropriate place, insert the fol-
for any loan cancellation benefits.
ublic lands and neighborhoods. This
lowing new sections:
Senator KENNEDY and Senator
bill goes a long way toward providing
SEC. .GRAND CIRCLE ADVENTURE PASS.
HATCH have agreed that this limitation
individuals an opportunity to help
Section 4(a)(1)(B) of the Land and Water
is overly restrictive and we have
America meet her needs-and repre-
Conservation Fund Act of 1965 (16 U.S.C.
reached an agreement to modify the
sents the type of wise investment in
4601-6a(a)(1)(B)) is amended by adding at
limitation. The modification provides
America and Americans which is SO
the end thereof the following new sentence:
that the loan cancellation provisions
"The Secretary shall make such a permit
necessary today.
apply to new loans, even for borrowers
(to be known as the Grand Circle Adventure
Mr. KENNEDY. Mr. President, for
who have previously taken out some
Passport) available for admission, for R
the information of Senators, the Sena-
period of at least & days, to the group of
loans.
tor from Arizona has an amendment.
Arches National Park, Bryce Canyon Na-
The Congressional Budget Office
If he desires to offer the amendment,
tional Park. Canyonlands National Park,
has found that this change in the ef-
then I will ask unanimous consent to
Capitol Reef National Park. Zion National
fective date still leaves the cost of the
temporarily set aside the Armstrong
Park. Mesa Verde National Park and Grand
loan cancellation provision at less
Canyon National Park (north rim), includ-
amendment, which is one of the major
than $500,000 in the first 2 years of
ing admission to all monuments in those
issues remaining. Hopefully we can ad-
the program. This cost level leads to
parks.".
dress the McCain amendment in a rea-
an asterisk in the CBO cost estimate
SEC.
EMERGENCY MEDICAL SERVICES FOR
sonable period of time, dispose of it,
CHILDREN.
tables.
and in the meantime see if we can re-
Section 1910(a) of the Public Health Serv-
In making this change. we are not
solve the Armstrong amendment.
Ice Act (42 U.S.C. 380w-9(a)) is amended in
providing loan cancellation for young
Then we have the Gramm amend-
the first sentence-
people who have already begun their
ment and the remaining McConnell
(1) by striking out "not more than Lour":
service: they made their decisions to
amendment. I mentioned that the
(2) by striking out "in any fiscal year";
serve without regard to the loan can-
and
Gramm amendment will take some
cellation provisions. But any student
(3) by striking out "in such States".
time. Whether the leader will want to
who enters service after the loan can-
SEC. PHYSICIAN'S COMPARABILITY ALLOW.
continue on through the evening. I do
ANCE.
cellation provisions go into effect. and
not know. But I hope we could address
The positions of the Assistant Secretary
after they have taken out new loans. is
the McCain amendment, if that is pos-
for Health, the Deputy Assistant Secretary
likely to be aware of the loan cancella-
sible.
for Health, the heads of the Public Health
tion benefits and is likely to be relying
I have talked to the Senator from
Services agencies, and other positions that
on them as an inducement to service.
Arizona. He has indicated he would
are compensated under subchapter II of
PARK FEES IN VIAH
offer his amendment very shortly.
chapter 53, of title 5. United States Code. re-
lating to the Executive Schedule. when em-
Mr. HATCH. Mr. President, I have
Hopefully we would be able to debate
ployed as physicians shall be defined as
talked with my friend from Arkansas,
that and dispose of that this evening.
"government physicians" for purposes of
Senator BUMPERS, regarding an issue
and then I think the majority leader
eligibility for physicians comparability al-
that comes within the jurisdiction of
will indicate to the membership what
lowance as defined in section 5948 of title 5.
the subcommittee of which he is the
the plan will be.
United States Code.
chairman, the Subcommittee on
The PRESIDING OFFICER. The
Mr. HATCH. Mr. President, this
Public Lands, National Parks and For-
Senator from Utah.
amendment is acceptable to both
ests.
Mr. McCAIN. Will the Senator yield?
sides. It is a set of amendments pro-
The issue is whether the National
Mr. HATCH. Yes.
posed by myself, Senator BUMPERS,
Park Service will be given the author.
February 27, 1990
CONGRESSIONAL RECORD
1719
ity to implement a plan to charge one
So we are trying to move the process
Mr. President, this amendment
fee for a 7-day pass to the national
forward. We have a number of amend-
simply incorporates the principle that
parks situated in Utah. Senator BUMP-
ments.
postservice benefits under the nation-
ERS has said that he would like for me
The Senator from Arizona has been
al service program, which is embodied
to introduce a bill to this effect, that
extremely accommodating and has
in the bill, S. 1430, shall not exceed
his subcommittee will act on this
some very important measures. What
the postservice benefits we provide to
matter expeditiously, that he'll do all
we are trying to do is accommodate, at
the men and women who volunteer
he can to move this through the sub-
least have a vote on that, and let the
and risk their lives for our country in
committee and committee in an at-
majority leader announce the rest of
the Armed Forces.
tempt to implement this plan for this
the schedule. In the meantime, we
I want to restate that I have been a
summer's park visitors. He sees no
could try to contact the Senator from
strong supporter of the concept of na-
reason why he would oppose the idea.
Colorado.
tional service. I believe in it, and I be-
He simply wants me to introduce the
Mr. BOSCHWITZ. I say to my
lieve there is a wide variety of services
proposal as a bill so it can be sent to
friend from Massachusetts that I will
that can be provided by all American
the Park Service and other interested
want to speak on the Armstrong
citizens on behalf of this Nation. But I
persons for comments. He does not
amendment at the appropriate time. I
also feel that we are making a grave
want to set the precedent of setting
will not agree at this point on any
mistake if we propose post-service ben-
park fees with amendments on the
time arrangement. I thank the Chair.
efits which would exceed that of the
Senate floor to an unrelated bill.
I do not ask to lay it aside at this time.
men and women who serve in the mili-
I ask Senator BUMPERS, have I stated
the substance of our conversation cor-
Mr. McCAIN. Mr. President, I ask
tary.
rectly?
unanimous consent that the pending
Mr. President, S. 1430 would provide
Mr. BUMPERS. Yes, the Senator
Armstrong amendment be set aside at
post-service benefits to national serv-
has. I agree with everything that my
this time.
-ice volunteers that exceed those that
friend from Utah, Senator HATCH, has
The PRESIDING OFFICER. With-
serve in the military. S. 1430 offers a
said. I am happy to take expeditious
out objection, it is so ordered.
voucher of $5,000 per year for full-
action on his proposal and believe it
AMENDMENT NO. 1267
time national service, and $2,000 per
may be an excellent idea that might
year for part-time national service. Ad-
(Purpose: To make the benefits paid under
even be applied nationwide, not just in
the bill comparable to benefits paid to
ditionally, the pending legislation
Utah.
persons for service in the Armed Forces of
would allow national service volun-
The PRESIDING OFFICER. The
the United States)
teers three options for use of the
question is on agreeing to the amend-
Mr. McCAIN. Mr. President, I send
vouchers. The vouchers can be used
ment offered by the Senator from
an amendment to the desk and ask for
for payment of- student loans from
Utah.
its immediate consideration.
Federal and non-Federal sources;
The amendment (No. 1266) was
The PRESIDING OFFICER. The
downpayment or closing costs associat-
agreed to.
clerk will report the amendment.
ed with purchasing a first home; or
Mr. HATCH. I move to reconsider
The bill clerk read as follows:
tuition at an institution of higher edu-
the vote by which the amendment was
The Senator from Arizona [Mr. McCAIN]
cation on a full-time basis, or to pay
agreed to.
for himself, Mr. GORTON, Mr. LOTT, Mr.
the expenses incurred in the full-time
Mr. KENNEDY. I move to lay that
MACK, Mr. COATS, Mr. BOSCHWITZ, Mr. Mc-
participation in an apprenticeship pro-
motion on the table.
CONNELL, Mr. ARMSTRONG, and Mr. GRAMM,
gram approved by the appropriate
The motion to lay on the table was
proposes an amendment numbered 1267.
State agency.
agreed to.
Mr. McCAIN. Mr. President, I ask
Mr. President, on April 3, 1989, I in-
Mr. HATCH. I yield the floor.
unanimous consent that reading of the
troduced S. 781, the National Service
The PRESIDING OFFICER. In my
amendment be dispensed with.
Act of 1989. In this legislation, which
capacity as a Senator from the State
The PRESIDING OFFICER. With-
was also introduced in the House by
of Colorado, I note the absence of a
out objection, it is so ordered.
Mr. PORTER of Illinois, we attempted
quorum. The clerk will call the roll.
The amendment is as follows:
to draft legislation that was balanced
The bill clerk proceeded to call the
At the end of subtitle F of title I add the
and fair. A bill that looked into the
roll.
following new section:
future and tried to address the ques-
Mr. McCAIN. Mr. President, I ask
SEC. 182. LIMITATION ON PAYMENTS.
tion of national service from the
unanimous consent that the order for
(a) IN GENERAL-(1) No participant or
standpoint that we, as a nation, and
the quorum call be rescinded.
former participant in a program under this
those of us in Congress, have as a pri-
The PRESIDING OFFICER. With-
title may be paid benefits under this title, in
mary responsibility-I emphasize pri-
out objection, it is so ordered.
the form of educational and training bene-
mary responsibility-the defense of
Mr. BOSCHWITZ. Mr. President,
fits or in voucher form, or both, in any
the Nation.
will the Senator yield for a question?
amount that would exceed the amount of
At the same time, wé believed that
Is it my understanding that the Arm-
educational assistance benefits paid to a
the idea of national service could
strong amendment has been laid
person under chapter 30 of title 38, United
States Code, or under chapter 106 of title
include certain forms of community
aside?
10, United States Code, as determined by
service. The basis of our legislation
The PRESIDING OFFICER. That
the Secretary of Defense in consultation
was that every citizen has a responsi-
amendment is still pending.
with the Chairperson of the Board of Direc-
bility of service to the Nation. To this
Mr. BOSCHWITZ. I thank the
tors of the Foundation.
end, we drafted S. 781 to reflect the
Chair.
(b) LIMITATIONS ON USES OF BENEFITS.-
need for a quality military force, while
Mr. McCAIN. Mr. President, if I
Notwithstanding any other provision of this
introducing a part-time community
might ask my colleague from Massa-
Act, vouchers provided under section 146
may be used for the purposes set forth in
service program that was a demonstra-
chusetts, I understand that it is his
clause (A) or (B) of subsection (d)(1) of that
tion project designed to observe and
desire to lay aside the pending Arm-
section only if educational assistance pay-
evaluate how national service would be
strong amendment in favor of consid-
ments made under chapter 30 of title 38,
received and how it would operate.
eration of my pending amendment. Is
United States Code, and under chapter 106
In addition, we knew that the idea of
that correct?
of title 10, United States Code, are permit-
national service deserved a close and
Mr. KENNEDY. That would be my
ted to be used for the same purposes.
thorough review by the Congress and
request. We have done it for three
Mr. McCAIN. On behalf of myself,
the President. We knew that the Presi-
other amendments earlier in the day.
Mr. GORTON, Mr. LOTT, Mr. MACK, Mr.
dent needed sufficient time to consider
We have been looking for the Senator
COATS. Mr. BOSCHWITZ, Mr. McCoN-
the impact of a bill with such wide
from Colorado. I have for the last
NELL, Mr. ARMSTRONG, and Mr. GRAMM,
ranging implications.
hour, quite frankly. and we looked for
I propose this amendment, which I
S. 781 called for the President to
him prior to the Republican caucus.
will briefly describe.
transmit to the Congress by February
1720
CONGRESSIONAL RECORD-SENATE
February 27, 1990
15, 1991, a plan that would implement
to risk their lives in the defense of
They always know that their chosen
comprehensive national service pro-
freedom for peoples throughout the
profession could leave their wife a
ram. The program that the President
world. For all of this, the Government
widow and their children fatherless.
recommended was to include a plan
contributes $3,200 per year to their
Mr. President, the mothers and fa-
that had a military service component
postservice educational benefit.
thers, the wives and children of those
and a part-time and full-time commu-
Compare this to what we are offer-
who serve in the military know the
nity service component, applied to
ing in this bill. a $5,000 a year benefit
sacrifices of which I speak. They know
young people between the ages of 16
to stay at home and work a 40-hour
that their son or husband, their broth-
and 26, include provisions to encour-
work week with no risk, no disruption
er or father may well be asked to give
age national service by retired persons
of lifestyle, no moves, no Uniform
his life in the defense of our Nation.
and was to be consistent with the fol-
Code of Military Justice, no separation
Those who pretend that you can
lowing findings:
from family, no risk of life in combat.
equate what is being called for in this
One. that the principal responsibil-
In addition to being able to use the
bill in the way of national service work
ity of the Federal Government is to
voucher for education, the national
with what we ask of our military do
provide for the defense of the United
service volunteers are given a tremen-
not understand that military service
States.
dous option of being able to use the
comes at a much higher cost in terms
Two. that an obligation of citizen-
voucher for the downpayment on a
of personal and family sacrifice. It is
ship in a democracy is service to the
Nation.
first home, or to pay off an education
naive to try and equate picking up
Three, that while most citizens of
loan. The part-time voucher is $2,000 a
trash along a roadside with the sacri-
the United States view national service
year.
fices made by the men in the Marine
as a membership in the Armed Forces,
Mr. President, the differential in
Corps, the Navy. and the Army who
national service also includes commu-
postservice benefits between military
were killed in action in Panama.
nity service.
and community service must be fair. It
That is in no way a denigration of
Four. that the obligation of national
must be equitable. We must recognize
the outstanding and wonderful contri-
service. whether military or communi-
the sacrifices of those who serve in the
butions that men and women who
ty service, should be shared equally by
military. This amendment would make
engage in national service will perform
all citizens of the United States, re-
the benefits more equitable. This
in behalf of this country. My point is
gardless of race, creed, ethic origin, or
amendment will make the postservice
that the roles and missions we ask
socioeconomic status.
benefits no greater for national service
them are significantly different.
Five, that the recent high quality of
than that for the Montgomery GI bill
Mr. President, those who go into the
volunteers to the Armed Forces should
recipient.
military know what they are being
not be allowed to diminish as a result
Mr. President, some would like to
asked to do. We pay our military
of demographic declines or economic
compare military service with national
based, in part, on the risk, the respon-
upturns.
service. They would try to show how
sibility. the personal sacrifice, and the
That service in the Active or Reserve
much more compensation the military
family disruption that they will expe-
components in the Armed Forces or
service man or woman makes than a
rience during their career. Let us not
full- or part-time community service
national service volunteer. They want
mock their dedication by trying to
hould be considered as necessary to
to somehow equate them. Apparently,
make some wild proclamation that na-
fulfill the national service obligation.
they do not understand what the
tional service is worth some percent-
I add that our bill did not call for
country asks of our military forces.
age of combined in-service and postser-
the elimination of educational loans or
When a person enlists in the military,
vice benefit of military service. Mr.
grants. So you see, I am one who
they sign a binding contract for serv-
President, it was stated that the mili-
strongly believes a national service
ice in the defense of the Nation They
tary receives 40-percent more benefits
program is possible. I am also one who
have their background scrutinized to
than this bill will offer national votun-
strongly believes it is Imperative that
ensure they are of the quality required
teers. They should, Mr. President:
we maintain a relative balance be
in the military. They are required to
they should. In fact, they should re-
tween the recognition of service in the
take remote tours, away from family.
ceive much more than that
military in the form of the Montgom-
for-extended periods of time.
Mr. President, how can we quantify
ery GI bill education benefit and the
They are uprooted from their home
the sacrifice of those killed in
benefit of service in the community
and community every 2 to 3 years.
Panama? Go to Arlington Cemetery
service side of national service.
their children are pulled out of school
and give me some percentage of how
It is on this point that I take excep-
and sent to wherever the military
much more they were paid. Try and
tion with S. 1430. Title I, subtitle (d),
wants to send them.
compare their sacrifices with the na-
of this bill would give a full-time com-
They perform peacekeeping duty in
tional service jobs in this bill and tell
munity service volunteer a postservice
the Sinal Desert or with the UNIFIL
me that it is worth 40 percent more.
benefit of $10,000 for 2 years of serv-
contingent in Lebanon.
Mr. President, the All-Volunteer
ice. This national service voucher
They stand guard duty at the stark,
Porce is a very professional, very dedi-
could be used for educational loan
critical outposts along the Korean
cated and very necessary part of our
payments, future education expenses,
DMZ.
ability to protect our way of life. The
or a downpayment on a first home.
They are deployed on board ships
All-Volunteer Force is a career force.
Contrast this with the current Mont-
for 6 months at a time.
Trying to compare an in-service sti-
gomery G1 bill for the U.S. service
They stand midwatch on the fan tall
pend of the national service volunteer
man or woman, a basic education
of a destroyer In 50-knot winds and 20-
program with the compensation of our
voucher of $10,800, of which he must
foot seas.
military force falls short of logic and
contribute $1,200. The military re-
They conduct Interdiction oper-
understanding.
Deires a yearly benefit of $3,200 per
ations against a murderous drug
To use military in-service benefits to
year for a 3-year service requirement.
cartel
Instify this bill's obvious short com-
The Reserves and National Guard
They do night recovery operations
ings is unfair to the men and women
benefit is $990 a year.
on board an aircraft carrier.
who daily make great sacrifices to pro-
Mr. President, this is clearly not a
They are required to be on call 24
tect our Nation and the free world.
fair situation. We ask our military to
hours a day, 7 days A week.
Ms. MIKULSKI Mr. President, will
erve 8 to 6 years, to move out of
They are trained and ready for
the Senator yield?
heir home. to go to boot camp and to
combat.
Mr. McCAIN. I say to my friend
e assigned to anywhere the military
They are aware that they could be
from Maryland I have about 60 more
hooses to send them. to respond to
in combat in a matter of hours as they
seconds and then I will be glad to yield
the orders of higher authority. with
were recently in the Panamanian oper-
to the Senator from Maryland Go
the possibility that we will ask them
ation.
ahead.
February 27, 1990
CONGRESSIONAL RECORD - SENATE
1721
(Mr. DODD assumed the chair.)
though the administration is currently
military to make them the same as the
Ms. MIKULSKI. I am very happy to
circulating an idea to change the re-
part-time or full-time national service
wait for the Senator to complete his
quirements for VA mortgages requir-
volunteers, I am absolutely totally in
statement. I just have a few questions
ing a substantial down payment, and I
to clarify the amendment in order to
favor of it. But again I would restate
look forward to joining with the Sena-
respond at a later time. The questions
unequivocally, to give people, as won-
tor from Arizona destroying such an
derful and as admirable as the work is
are not in the nature of a debate.
unpatriotic idea.
Mr. McCAIN. Good. I will conclude
for national service volunteers, to give
But at the same time, if we could
very soon, and I will look forward in
them larger postservice benefits than
just then stick of this: What would be
trying to respond to the questions of
those who serve in the military in my
then the voucher under the amend-
my friend from Maryland.
view is something that has to be recti-
ment of the Senator from Arizona,
Mr. President, there are many good
what would then be the voucher re-
fied. Given the parameters of this leg-
reasons to change this bill when you
ceived for full-time service and part-
islation, the only option I have is to, of
look at the impact on the relationship
time service under the community
course, have an amendment which
to young Americans in the Armed
service under the Senator's amend-
puts them on an equal basis for post-
Forces. But about all, the one decisive
ment, the actual dollar amount? It is a
service benefits.
reason that I base this amendment on
complicated formula, and I am not
I would eagerly join both my friend
is fairness. It is unfair to provide
very good at that.
from Massachusetts, who is a member
greater benefits for people participat-
Mr. McCAIN. First of all, as far as
of the Armed Services Committee. as
ing in this bill's National Service Pro-
the veterans eligible for home loans,
well as the Senator from Maryland, in
gram, as worthy as that program is
as the Senator points out, first, they
seeking to increase those benefits for
than the young Americans in the
have to qualify for that. Second of all,
our men and women in the military as
Marine Corps, Army. Air Force, Navy,
many veterans would attest to the fact
far as postservice benefits are con-
or Coast Guard, in the Active and Re-
that it is not exactly a good deal given
cerned. As it is, the only option I have
serve Forces and the National Guard.
the interest on the home loan mort-
on this amendment is to make sure
The question we should ask our-
gages are up to 10 percent and the pos-
that they are at least treated on an
selves is are we going to provide Amer-
sibility of them going higher.
equal basis so far as postservice bene-
ican youth more in post-service bene-
Again, I would like to restate if the
fits are concerned.
fits for national service then those
Senator would like to have that as
Mr. KENNEDY. Mr. President, the
serving their country in the military?
part of the national service voluntary
chairman of the Armed Services Com-
I believe that this disparity needs to
program. I would certainly be support-
mittee, Senator NUNN, is intending to
be rectified and I believe that this
ive of changing her legislation to in-
come over to the floor shortly and has
amendment will make sure that at
clude those same benefits which our
been necessarily detained. But he has
least equal benefits are provided for
veterans now receive rather than cut it
announced his strong opposition to
those who serve in the military as
out for all.
this amendment and outlined very
those who will engage in the very
The voucher, as outlined in my
briefly the reasons for that. I would
worthwhile and important endeavor of
amendment, would result in $61.54 a
national service.
like to bring those issues to the atten-
week $3,200 a year time.
tion of the Senate and ask for Sena-
Ms. MIKULSKI. Mr. President, will
Ms. MIKULSKI. Excuse me. With
tors' attention to these observations.
the Senator yield for a few questions?
the conversations going on, it was dif-
Mr. McCAIN. I will be glad to yield
He opposes the amendment of Sena-
ficult to hear. How much a year? I
to the Senator from Maryland.
tor MCCAIN lowering the voucher
could not hear the Senator.
Ms. MIKULSKI. Since we dispensed
levels for post service benefits and re-
Mr. McCAIN. $3,200 a year for full
with the reading of the amendment, is
quiring that the post service benefit
time, $5,400 total for part time.
it in the Senator's amendment; does
for national service be no greater than
Ms. MIKULSKL Excuse me; $3,200
he drop the ability for that voucher to
for the full time?
the post service benefit for military
be used, not only drop the ability to
Mr. McCAIN. Yes.
service under the Montgomery GI bill.
use that voucher toward first time
Ms. MIKULSKI. Of course, that is
Some of the fundamental principles
homeownership? In the original bill
taxable under the Senator's amend-
about national service and military
the voucher either part time or full
ment. Or is it tax exempt?
service bring the sponsors of the bill in
time could be used to reduce student
Mr. McCAIN. That would be nontax-
complete agreement with the sponsors
debt or as a kind of housing or nest
able, just like the veteran's VA loan.
of this amendment.
egg first time homeownership. Does
Ms. MIKULSKI. In the course of
First, while military service is one
the Senator drop the housing part?
our amending the legislation and in
form of national service, we must also
Mr. McCAIN. If I may respond to
the process of conciliation with the
remember that it is different from
my friend from Maryland, yes, it does.
others concerned about it, we dropped
most other forms of national service
If the Senator from Maryland would
the tax-exempt status. But anyway
because of the sacrifices we ask of
like to revise her legislation so that
what would be the part-time voucher?
those who serve in the military.
those who presently serve in the mili-
Mr. McCAIN. $5,400 per year, total.
As we have seen recently in Panama,
tary receive that benefit of a first
Ms. MIKULSKI. $5,000. No. I am
military members live with the possi-
home nest egg as she describe it, then
talking about that part of the bill
bility that they will be sent into
it would certainly be something that I
modeled on the National Guard.
combat and asked to risk their lives
could support. But again I go back to
Mr. McCAIN. Excuse me, $900 a
for their country.
the fariness issue. I am sure that those
year, part time.
Second, for several reasons military
young men and women who are in the
Ms. MIKULSKI. $900.
members should receive more compen-
military also deserve every consider-
Mr. McCAIN. It is $900.
sation than we give to people who per-
ation to have that nest egg as well.
Ms. MIKULSKI $900 and then that
form other forms of national service.
My answer is yes, it does preclude
is taxable?
Military service involves greater
that.
Mr. McCAIN. As I informed the Sen-
risks to the individual.
Ms. MIKULSKL I promised the Sen-
ator. not taxable.
The military services must be able to
ator I will not use the questions to
Ms. MIKULSKI. So the Senator's
attract sufficient numbers of high
debate. I will make those comments
amendment would be nontaxable.
quality youth into service.
later
Mr. McCAIN. Yes.
And finally, any national service pro-
Those wonderful, gallant men and
Ms. MIKULSKI I thank the Sena-
gram should assist the Department of
women who serve in the military do
tor. That clarifies my questions.
Defense in recruiting young people to
have access to Veterans' Administra-
Let me restate, if I might, before I
enter the military, and not compete
tion mortgages upon completion of the
give up the floor, if the Senator wants
with the military services recruiting
military with no downpayment even
to raise the benefits of those in the
efforts.
1722
CONGRESSIONAL RECORD - SENATE
February 27, 1990
The national service demonstration
great detail the McCain amendment.
very much in order. There are differ-
programs in this bill recognize these
For that reason the chairman of the
ences just in the nature of what
important aspects of the relationship
Armed Services Comittee believes very
people are being called on to do.
between military service and other
strongly that our program presents no
As I look at this report, the next sen-
forms of national service.
competition really for the GI bill
tence after what I read begins, "In this
Senator McCAIN is concerned that
which he has also supported. He has
spirit, volunteers have served the
the postservice benefit for some
revised his own program in a very sig-
people in the national service demon-
Nation in times of crisis-in war, de-
nificant way to try and ensure that it
pression, national disaster."
stration programs could be higher
would not.
than the postservice benefits for some
All throughout this report, Mr.
We have reviewed very, very careful-
President, it talks about voluntarism.
military members under the Mont-
ly the comparison of the total benefit
And now I am told that individuals
gomery GI bill.
package. We will submit those items
Under S. 1430 as amended this could
will receive more benefits in this bill
for the RECORD. But they indicate, Mr.
happen in some instances. But this
than if they leave their homes and
President, that this total package
concern misses a key point: The over-
serve in the Armed Services of the
versus both the full-time and part-
all compensation for military service-
time national service are not even
country. This bill is about setting up
the combination of inservice and post-
comparable to the kind of benefit
some compensation to compensate vol-
service benefits is substantially higher
unteers. What this amendment is
package that is included in the mili-
for military service than the overall
about is that these volunteers should
tary. For that reason we are opposed
compensation for civilian national
to the amendment.
not receive greater benefits in any way
service.
Several Senators addressed the
than the people who serve in the
This includes the basic pay, the re-
Chair.
armed services.
tirement pay, disability benefits,
The PRESIDING OFFICER. The
The difference is, in my judgment,
health care in service and after serv-
Senator from Minnesota.
very meaningful. There is a postser-
ice, preferential hiring as veterans,
Mr. BOSCHWITZ. Mr. President, I
vice benefit differential between this
housing allowances, group insurance,
seem to have missed something in this
bill and the current Montgomery GI
veterans home loans, spousal employ-
bill. I just heard my friend from Mas-
bill that really is the reverse of what it
ment preference, and day care pro-
sachusetts pointing out the value of ci-
should be. Some of those things have
grams.
vilian national service at $231 a week.
been pointed out by my friend from
The in-service compensation for full-
I thought this was a bill about volun-
Arizona.
time military service is more than two
tarism.
Title III of this bill gives full-time
times greater than the level of in-serv-
I noticed that the report on the bill
community service volunteers postser-
ice compensation for full-time national
starts off: "Background and Need.
vice benefit of $10,000. The GI bill au-
service-participants.
Service to others is an ideal that has
thorizes only a $10,800 postservice
The postservice educational benefit
served America well throughout histo-
education voucher for a serviceman or
for most 2-year enlistees in the mili-
ry." Then it goes on to talk about
woman, of which the volunteer has to
tary is $9,000, which includes a $1,200
John Winthrop, the first elected Gov-
put up $1,200 of his own, as the Sena-
contribution by the member.
ernor of Massachusetts Bay Colony,
tor from Arizona pointed out.
The main point is that the overall
who captured the idea of voluntarism
Community service volunteers under
compensation-in-service pay plus
in words that still ring true three-and
this bill are only required to serve for
postservice benefits-is substantially
one-half centuries later.
2 years to qualify for their benefit, the
higher for 2 years of service in the
All we are trying to do by this
military volunteer must serve 3, 4, or 6
military than it is for 2 years of civil-
amendment is to see that people who
years. I mean, there are some great
ian national service.
are in the armed services, not people
differences.
Another way to look at this question
who go home at night as they do in ci-
The amendment of the Senator from
is to compare the weekly compensa-
vilian national service-the Senator
Arizona is well founded and it should
tion of military service and civilian na-
from Massachusetts forgot to mention
be adopted. This bill is going to under-
tional service.
those going home at night-are treat-
write voluntarism, a contradiction in
A 2-year enlistee in the military re-
ed equally. When you are in the serv-
terms, in my judgment.
ceives an average of $287 a week in
ice you are away from your family,
When the Senator from Arizona
compensation. The value of his post
you are away from your home. It is a
says that the members of the armed
service benefit is worth $86 per week
difficult, different thing altogether.
services should at least receive the
of service. for a total weekly compen-
What the Senator from Arizona says
same amount of benefits that these so-
sation of $373.
is that the benefits to people who are
called volunteers get, he is told by the
A 2-year civilian national service par-
essentially volunteers should not be
manager of the bill that the inservice
ticipant receives about $162 per week.
greater in any sense or in any aspect
benefits-and I am not sure if he
The value of his postservice benefit is
than the benefits that accrue to
counted the uniforms and the food
$96 per week of service, for a total of
people who have been in the Armed
and the housing in figuring the inserv-
$258, approximately two-thirds of the
Services of the United States. Young
ice benefits-that the inservice bene-
value of the total compensation of his
men and women who get involved, un-
fits are more for servicemen than they
military counterpart.
fortunately, from time to time, in ac-
are for civilian national service volun-
Mr. President, this is even more dra-
tivities that put their lives in jeopardy,
teers. "Volunteers," I emphasize again,
matic in the part-time service. We
as was mentioned, most recently in
community service volunteers. They
have worked very carefully to ensure
Panama.
can use their postservice vouchers for
that the national service demonstra-
Then I hear my friend from Mary-
education costs, or to forgive previous
tion programs complement rather
land talk about the home mortgage.
student loans, or for the down pay-
than compete with recruiting pro-
As I understand this bill, there is some
ment on a first home. The military
grams for the military service. The
mortgage credit given, some monetary
volunteers may use their vouchers
overall compensation in service pay
credit that can be applied to the pur-
only for education costs.
plus deferred postservice benefits is
chase of a house. As I recall I had a
Under the Montgomery GI bill mili-
much higher for full-time and part-
VA guarantee on my first mortgage,
tary volunteers serve 3 to 6 years, do a
time military service than it is for full-
they did not give me anything. I took
boot camp. move to wherever the mili-
time and part-time civilian national
out a rather long mortgage and paid
tary assigns them and they do not
ervice.
the going rate and I had to qualify.
come home at night. They are subject
Mr. President, these numbers have
None of these things apply to the civil-
to the Uniform Code of Military Jus-
been calculated by the Armed Services
ian national service person. There are
tice and face the real possibility that
Committee which as reviewed all of
some great differences here. and the
they will risk life and limb to protect
these various items. It reviewed in
Senator from Arizona's amendment is
vital U.S. interests.
February 27, 1990
CONGRESSIONAL RECORD- SENATE
S1723
Under S. 1430, national service vol-
volunteers that comprise today's
years. We are talking about a bill,
unteers, would serve for 2 years, stay
armed services.
which the Senator from Arizona per-
at home, work 40 hours a week, suffer
I recall, Mr. President, when I came
haps does not realize, is only author-
no grave hardships, encounter no risks
to the Senate, the difficulty we had in
ized for 2 years, and we have to au-
to life and limb, essentially endure no
recruiting people to the armed serv-
thorize it. If, in the course of that 2-
interruption of lifestyle, and are not
ices. At that time people in the armed
subject to the Uniform Code of Mili-
year period, we see a drastic slump in
services simply were not being paid
tary Justice. For this, they receive a
military recruitment, we can jettison
enough.
the bill. That is No. 1.
$10,000 voucher for their education or
When I came to the U.S. Senate,
for their first home.
Second, if the bill continues along
half a million members of the armed
Clearly, many will ask: What should
the demonstration proposal, we are
services and their spouses and depend-
I do? Should I go into community serv-
talking about 35 States over a 5-year
ents qualified for food stamps. We do
ice or military service? Many recruits
period.
not want to return to that once again.
are armed service volunteers because
I bring out the significance of this
This bill would not necessarily
of the postservice educational benefits.
because, in order to participate, a Gov-
return us to it, but why create a com-
Many of my constituents have told me
petitive situation that would under-
ernor must submit a plan. No Gover-
they enter the service so they can,
mine recruitment to the armed serv-
nor is going to submit a plan that neg-
indeed, get a postservice educational
ices? Why create a situation where one
atively impacts upon the military and,
benefit.
gets paid for volunteering? Volunteer-
in the course of the first 18 months,
For example, 70 percent of the Army
ing goes right back to the Massachu-
we will again know the consequences
rangers who served in Grenada were
of this in terms of this demonstration
setts Bay Colony. It has played a
enrolled in the Army college fund.
major role in the development of our
project over a 5-year period. That is
Better benefits will make community
country.
why we will find out what its impact
service more attractive to those re-
I have been the head of many volun-
is. We do not anticipate a negative
cruits than military service. Mr. Presi-
teer organizations. For 3 years, I was
consequence because of the way we
dent, that is just plain wrong. It will
the head of the American Cancer Soci-
have carefully designed this bill.
impose additional burdens on our mili-
ety in Minnesota. For 3 years, I was
Let me go to this much-criticized
tary recruiters.
the head of the Kidney Foundation in
voucher program and what really the
Call a local recruiting station and
Minnesota and the Dakotas and for a
men and women who participate in
ask them what S. 1430 would do to
year, I was chairman of the Minnesota
this will actually get.
their ability to recruit quality high
Mental Health Association. Mr. Presi-
First, for those who participate on a
school graduates to our armed serv-
dent, I have worked with volunteers.
full-time basis, either in Peace Corps,
ices. Clearly, this bill would become
I do not believe that volunteers
in VISTA, a conservation corps, or so
well known in the high schools and
should be paid, but if they are, their
on, they will get a $5,000 taxable bene-
colleges of our country and do a great
benefits should not be better than
fit. They will go away from their
disservice to those who are trying to
those who volunteer to serve in Ameri-
home; they will live in Bangladesh;
recruit graduates to our armed serv-
ca's armed services. I support the
they will work in South Africa; they
ices.
amendment offered by the Senator
will work in neighborhoods that are as
Some argue that the manpower pool
from Arizona and thank him for bring-
terrorizing as any foreign country that
from which the military and national
ing it to the floor. I urge my col-
they could ever work in in the Peace
service would recruit is so large that
leagues to adopt it.
Corps. For that, there will be a skimpy
both services would enjoy adequate
I yield the floor.
subsistence level with no other
levels of recruits. They argue that
The PRESIDING OFFICER. The
backup. For that, yes, they will receive
there are 30 million high school gradu-
Senator from Maryland.
a $5,000 voucher. And then, whatever
ates in the recruiting age group for
Ms. MIKULSKI. Mr. President, I
full-time program they participate in,
both these services. Since title III is
would like to rise in opposition to the
they will leave with their heads up
mainly a demonstration program, it
McCain amendment, yet at the same
high, but they will not leave with their
should have no impact on military re-
time acknowledge the very fine points
pockets filled. There will be no other
cruiting.
made by the Senator from Arizona as
benefit than this one-time-only vouch-
But, subtract from the 30 million all
he outlined the rather substantial sac-
er.
those who are not mentally. physical-
rifice that military service calls for
For the part-timers who live at
ly. or morally qualified and fit for
from our men and women.
home, Mr. President, that is a $2,000
military service. Subtract high school
There is no doubt that a career in
voucher, and it is presumed the young
graduates who go immediately on to
the United States military is hard, is
men and women will be working in the
college. Consider that the vast majori-
arduous. and there can be no compen-
community as well as volunteering.
ty of military recruits enlist within 1
sation adequate to meet those de-
We are going to ask two weekends a
year of high school graduation and
mands often placed upon them.
month out of them, or the time equiv-
most are males. Then the real popula-
We salute the U.S. military, and I
alent, plus two weekends during the
tion for military recruits shrinks to
can tell my colleagues, as one of the
summer. At 9 hours a week, with the
about 1 million, perhaps somewhat
principal architects of this bill, there
$900 voucher of the Senator from Ari-
more, but around 1 million.
is no intention in any way to under-
zona, it is going to come out to some-
Even if military recruiting goals are
mine the ability of the U.S. military to
thing like $1.91 an hour. Mr. Presi-
reduced from 300,000 to 225,000 to cor-
both recruit and retain adequate per-
dent, our kids can do better selling
respond to the reductions in Armed
sonnel, either now or in the future.
shoes at a mall than they can deliver-
Forces manpower from 2.1 to 1.8 mil-
Our commitment is to the U.S. mili-
ing weekend Meals on Wheels under
lion, the military must still recruit one
tary, and that is why so many of us
this program.
out of every four qualified high school
have been aggressive in supporting the
That is not the point of the pro-
graduate. Community service becomes
Montgomery bill, and also adequate
gram. The point of the program is to
considerably more attractive when you
funding in appropriations for veterans
give a jump start to these young men
can stay at home, and receive benefits
benefits that I will comment on in a
and women. By the way, if they pay
that apply to education that are as
minute or two.
taxes in the 15-percent bracket, this
meaningful or more meaningful,
One of the things that I think our
voucher will come in a $1,800, and,
indeed that are more flexible than the
bill, the current Kennedy-Mikulski-
also, under the urging of Senator
types of benefits that are offered to
Nunn bill does, is actually do a demon-
HATCH and our Republican colleagues,
people who go into the service.
stration project, which I know the
we have made it even more flexible,
The military recruiters are going to
Senator from Arizona would like.
Mr. President, because a Governor can
have their problems. We simply will
We are talking about a bill that, by
submit a State plan taking the vouch-
not be able to recruit the exceptional
the way, will only be authorized for 2
er lower as long as it is not below a
1724
CONGRESSIONAL RECORD
February 27, 1990
year's tuition cost in his own public
There are more black men in prison
numbers to do the job we need in
college.
than there are in colleges. That is a
social services.
So we think we are not creating a
heartbreaking circumstance.
This bill has a different philosophy
bill that is a new pot of gold for
I want to say yes to the kids who say
and a different concept. This bill says
people. We also do not think that that
no to drugs, no to getting pregnant,
that there are a lot of people out
in any way is a distraction to the men
who want to make something out of
there-middle-income people, lower
and women who want to serve in the
their lives. Mr. President, this is an op-
income people, and even poor people-
National Guard.
portunity for that 75 percent who see
who would like to do something for
Two last points on housing. Mr.
no opportunities for them. and I hope
their community. They would also like
President, not every kid in this coun-
we defeat the McCain amendment.
to get an education and be a contribut-
try is going to go to college. Not every
Honor our military in the veterans and
ing member of society.
kid in this country wants to go to col-
defense programs, but let us also
I do not know how many people fo-
lege. Not everybody wants to work on
honor the volunteers in this program.
cused on it, but we have had a 25-per-
a Ph.D or get a law degree. What
Mr. KENNEDY. Mr. President, I will
cent decrease in low-income students
many of them want to do is go to our
just take a couple of moments here to
technical schools and, in the end, they
indicate to the membership effectively
going to college since 1985, including
minorities but not limited to minori-
want to volunteer. They want to be
what we are talking about with this
voluntary firefighters in rural areas,
part of the program. Basically, what
ties-something like a 25-percent de-
where we are running a shortfall; they
we are talking about is that the sti-
crease at the very time when we are
want to build houses for habitat for
pend for those who are going to volun-
trying to get more competitive in our
their community, like Garrett County
teer for full-time service is effectively
society to be able to compete in the
that has the severest housing shortage
the poverty wage. That troubles some
world.
of any part of my State. While they
when you calculate it and find out
Before I say why I am against the
are going to the Garrett Community
how much it is a week. It bothers some
McCain amendment, which I am op-
College, they might not have a tuition
to say we have volunteers, and we are
posed to-I vigorously oppose the
bill, but through their own sweat
truly paying them a poverty wage.
amendment-let me talk about a
equity, they might want to accumulate
Some Members of this body think that
couple of things on which I agree with
that nest egg for first-home benefits.
any remuneration-even for those in
the Senator from Arizona because the
This takes me to veterans' benefits.
full time service that lasts a year-is
philosophy behind the amendment is
The Senator from Arizona is right, the
too much. I disagree. Anybody who
something with which I think we all
veterans' package has, indeed, been
commits a year should get some mini-
agree.
austere. I chair the Appropriations
mal living allowance.
The philosophy is that the military
Subcommittee on VA, HUD, and Inde-
What we are telling these people is
ought to be paid more than people in
pendent Agencies. I had to go against
simply this: if you are willing to spend
these jobs we are now making avail-
the whole White House and OMB to
an extended period of time involved in
able for civil and community service. I
squeeze more money to put money
community service at basically a pov-
agree with that. The military takes
into veterans' health care, and they
erty wage for a period of time, that at
risks that civilians do not take. In
deserve it, and they deserve more. I
the end of that service-some modest
Panama, we had people in the military
am glad the President this year is
resources may be available to help
down there who not only risked their
catching up with the Democratic Con-
them meet college costs or to help
lives but who gave their lives. So I do
gress of last year.
them purchase a home.
not think anyone quarrels with that
We are taking a look at the veterans
Mr. President, I know that there are
principle. The military should be paid
housing programs and the VA mort-
some who think service should only be
more, substantially more than people
gage. While we are seeing how we can
available to those with resources to
who are serving in community-based
strengthen them in the Appropria-
volunteer. Who are going to be those
activities, although they are also serv-
tions Committee, out comes this new
people? It is just going to be the very
ing the country, and we should make
ad out of the administration to want
wealthy. Our proposal provides a small
no mistake about that.
downpayments from our veterans.
stipend and vouchers to enable young
Military service must be able to at-
Sure, some of them might not qualify,
people to do this. Our proposal also
tract sufficient numbers of high-qual-
but most would. I want to work with
recognizes that an education benefit is
any and all in this U.S. Senate to im-
ity youth in the service. There is no
something that benefits not only the
doubt about that. And a national serv-
prove veterans' benefits. But do not
individual but also benefits the coun-
penalize the good kids who are going
try as well.
ice program, any national service pro-
to want to do national service because
I see now the chairman of the
gram should take into account the re-
there are potholes in the current Vet-
Armed Services Committee. He has
cruiting capabilities and potentials and
erans Administration program. Let us
worked extremely hard and long on
problems and challenges of the mili-
not make two wrongs to make a right.
this bill. He has been a real leader in
tary, and this bill does that. So we all
And at the same time, I do believe the
the development of this proposal. He
agree on that point.
veterans' package is substantially
has commented that the full time
But I think everyone ought to un-
better than one would indicate.
service participant would get 60 per-
derstand that if this bill passes and be-
At the same time, our kids in civilian
cent of the benefit going to a military
comes law, 2-year enlistees in the mili-
service will not get veterans' prefer-
enlistee. I hope the Senate will listen
tary will be receiving 31 percent more
ence in jobs, and they should not.
to the chairman of the Armed Services
than these people in these jobs, be-
They should not qualify for a VA
Committee whose proposal we are ad-
cause we are paying them very low
mortgage, and they will not. They will
dressing at this time.
wages. The main thing we are trying
not qualify for veterans health care
The PRESIDING OFFICER. The
to do is stimulate young people to
and a variety of other things, but that
Senator from Georgia.
serve in exchange for an educational
is OK. They will perhaps learn the
Mr. NUNN. I thank the Senator
benefit.
habits of the heart, and, with the
from Massachusetts. As I said yester-
Now, if the amendment of the Sena-
skimpy voucher we provide them,
day, I thank him for his leadership on
tor from Arizona passes, you can wipe
maybe they can go on having access to
this issue. I want to, first, agree with
this program out because they are not
the American dream.
the Senator from Massachusetts. If we
going to get enough educational bene-
Mr. President, let me just conclude
want nobody but the rich people or
fit to really be able to complete their
with one fact. There is a new study
the upperclass in this country to vol-
school work or to go to school, and you
out in Washington that talks about
unteer, then let us kill this bill and go
are not going to have the incentive to
how 25 percent of the black men are
on about our business and hope we
get people to go into very low-income
now in prison. Twenty-five percent of
will have rich people who will be will-
jobs in order to get the educational
the black men are now in prison.
ing to spend their time in sufficient
benefit.
February 27, 1990
CONGRESSIONAL RECORD SENATE
1725
The main part of this carrot is not
the military, which is up to $18,000. In
tional service program. That certainly
the wage and the compensation. The
fact some 20,000 people in the military
should not surprise or astound anyone.
main part of this carrot is really the
get supplemental educational benefits
But the fact is that the benefits post-
educational benefit. What the amend-
because they go into certain critical
service for national service would
ment of the Senator from Arizona says
skills.
exceed those of a person who serves in
is you get no more in part service ben-
So I hope that this amendment will
the military and risks his life or, trag-
efits than 2-year enlistees in the mili-
be voted down because it, in effect, as
ically, sacrifices his life and never gets
tary are getting. But what he does not
the Senator from Maryland has al-
to enjoy those benefits with which we
do is raise the wage of the civilian na-
ready said, would gut this program. If
provide him.
tional service participant to compete
you do not want the program, vote
Mr. President, equating national
with that military wage. And we do
against the bill. But let us not do it by
service to military and the fact that a
not want to do that either, because we
the back door. Let us not kill it by
member of the military is paid more, I
want to attract people who are inter-
making it so low in terms of education-
would hope that all of us would see
ested not primarily in making money
al benefits that we defeat the whole
how appropriate-that is. I would also
but primarily interested in serving
purpose of the bill, which is to get
point out that the Department of De-
their fellow man and also getting an
young people to go to school and to
fense is deeply concerned about tip-
education. That is what we are trying
further their education and to help
ping the scales against the military,
to appeal to.
America become more competitive.
and that is why they oppose the bill.
So what we have to emphasize to our
If this same type of amendment had
I also want to say in addition to that,
colleagues is, this amendment looks
applied back when we were trying to
Mr. President, that $1.91 an hour for
good on its face but what it does not
entice people into the military, we
volunteer work, although low, may not
tell you is that we have already call-
never would have signed them up. We
be entirely inappropriate if we are
brated that differential between the
have tried to make the military much
talking about people who are volun-
military and this civic volunteer. The
more lucrative, not simply by educa-
teers and people who are going to re-
military will be making 31 percent
tional benefits but by the total pay
more. And it is even larger than that if
package. I do not think anyone ought
ceive substantial posteducational bene-
fits.
you compare the part-time volunteer
to be deceived. The military has a
total package. It includes all sorts of
The distinguished chairman points
with the part-time reservist. It is much
more than that because the part-time
benefits, including housing benefits,
out about large amounts of money for
volunteer does not get paid anything.
including food benefits, including a lot
posteducation benefits for certain
Their whole compensation is in the
of things that are not part of this
numbers in the military. He fails to
form of the educational voucher-they
rather austere pilot program. So I
point out that these are very, very lim-
don't receive any pay while they are
would hope that we would vote down
ited programs. They target programs.
serving.
the McCain amendment.
They target scarce and demanding
One other point, Mr. President, the
Mr. McCAIN addressed the Chair.
skills that are used to manage the
Senator from Arizona does not point
The PRESIDING OFFICER. The
force. The majority of those that
out that there are much larger bene-
Senator from Arizona.
enter the military have a Montgomery
fits available in the military than
Mr. McCAIN. Mr. President, I cer-
GI bill benefit of $10,800 of which the
what his amendment is geared to. He
tainly am impressed by some of the re-
service man or woman is required to
has geared his amendment to the min-
marks of the distinguished chairman. I
contribute $1,200. I might point out
imum educational benefit in the mili-
hope he recognizes that the Depart-
there is no contribution on the part of
tary. He has not geared it to the larger
ment of Defense is in strong disagree-
any of these national service volun-
benefits that are available.
ment with many of the points he just
teers to help defray the costs of the
The 2-year civil volunteer under our
made, including the fact that the De-
posteducation benefits that are provid-
program would be able to get about
partment of Defense points out major
ed.
$10,000 in educational benefits. A 2-
objections which clearly refute some
Mr. President, I would not like to go
year volunteer in the military. normal
of the statements the distinguished
home to the VFW post or the Ameri-
program, can get $9,000, approximate-
chairman of the committee was
can Legion or the DAV and tell those
ly $9,000, minus $1,200 that they con-
making.
veterans who have served and sacri-
tribute themselves, which gets down to
In the words of the Department of
ficed that we now have a program that
$7,800. So it is $7,800 versus $10,000.
Defense:
is going to provide greater benefits to
But guess what? If that same mili-
This legislation appears to offer signifi-
people who do not serve in the mili-
tary member decides he wants to get
cant competition to military recruiting in
tary.
more educational benefit and decides
the test areas without recognizing that the
The purpose of this amendment is to
to go into combat arms or other types
national imperative of the military recruit-
level the playing field. I am not even
of endeavors, they can get $18,000 in
ing objectives be met.
seeking less for those who are engaged
benefits, a lot higher than anybody
The legislation appears to rely upon
in national service. I am asking for
flawed test designs and will not permit
can qualify for under this program.
proper assessment of national impact. The
equal and equitable and level playing
But he does not address that because
bill fails to require coordination programs of
field numbers for those who engage in
he gears his amendment simply to the
military activities likely to be affected. The
national service as well as those who
lowest benefits that are available if
bill does not make use of existing resources
engage in service in the military and
you sign up for scholarship. And if
when counseling potential applicants on
defense of this Nation and freedom.
someone serves in the military for 3
service opportunities.
Mr. ARMSTRONG. Mr. President, I
years and decides to go into certain
The Department of Defense states,
wonder if we have forgotten the
specialties where you get additional
Mr. President, that "the net result of
reason why the GI bill of rights educa-
benefits, they can get up to $25,800.
this legislation is to tip the playing
tion benefits were restored a decade
So what the Senator is doing here is
field, particularly military recruiting
ago? Perhaps some have forgotten but
ostensibly comparing apples to apples
programs, at a district disadvantage,"
I remember quite vividly during the
in this amendment. We are not com-
with which I obviously agree.
last half of the seventies our military
paring apples to apples at all. We are
Mr. President, the issue is fairness. I
was falling apart. We were hearing the
comparing two different philosophies,
thought we were talking about induc-
most dire predictions about the inabil-
two different programs that have al-
ing people to volunteer, not trying to
ity of the Navy particularly, and to a
ready been calibrated but have been
compete on a salary basis with men
lesser extent the Army, to fill its criti-
calibrated by paying the civic volun-
and women in the military, who are
cal skills. The Secretary of the Navy
teer much less overall than we pay the
asked to risk their lives. The distin-
actually beached some ships because
military counterpart.
guished chairman of the committee
they could not find enough qualified
We also are not comparing apples to
simply points out that a member of
seamen to sail them. We read day
apples in terms of what is available to
the military is paid more than this na-
after day reports in newspaper ac-
1726
CONGRESSIONAL RECORD-
February 27, 1990
counts of the declining education
bers that we need of new recruits, but
levels of military personnel, including
Those benefits, Mr. President, have
we are attracting and holding highly
those in both the Army and the Navy,
frequently blazed a path for programs
qualified, capable people who are nec-
and to a lesser extent the Air Force.
to serve nonveterans.
essary to make a modern military ma-
The manuals which were given to
-At the end of World War II there
chine function properly. So the pro-
soldiers to run these complicated so-
was no generally available program of
gram has worked.
phisticated weapons, and we should re-
low, or no, down payment long-term
Mr. President, it appears to me that
member that a modern tank which is
mortgage finance. The VA home loan
if we fail to adopt the McCain amend-
operated by a crew of high school
guarantee program demonstrated the
ment we are just asking for trouble. I
graduates is far more complicated
benefit of such a program and started
than the World War II airplane for
know at this point perhaps the mili-
this country down the path to becom-
which we required a college educated
tary is going to be entering a period
ing a nation of homeowners.
person to fly. These manuals related
when ft is not as fashionable as it was.
At the end of World War II, oppor-
to sophisticated complex weapons
Peace is breaking out all over the
tunities for higher education were him-
were being written down from 12th
world. It appears the cold war is over,
fted. But then the colleges and univer-
grade standard English down to 8th
and in effect we have won the battle.
sities of America were flooded with
grade English.
So It is natural that military service is
veterans making use of the GI bill.
At one point, if memory serves me
not going to be as popular, as glamor-
This country has never been the same.
correctly-I do not think I have for-
ous, as much as in the center of the
Most Americans can only dream of
gotten the main issue. I do not have
limelight as it is at times of great ten-
the safety net which would be provid-
the statistics. If I recall correctly at
sion or even during times of war.
ed by a guaranteed minimum income.
one point we reached the point where
We have seen that before. We went
Wartime veterans who are 65 years of
the educational achievement of re-
through it in the thirties with disas-
age or older, or who are disabled, from
cruits had fallen so low that there
trous results when World War II came
any cause, enjoy such a safety net. A
really was a growing movement to re-
along. Perhaps it is inevitable we are
VA pension will pay them the differ-
instate the draft.
going to do that again.
ence between their actual income and
It was about at that point that as
Mr. President, it seems to me that
$6,767 per year.
one Member of the Senate I concluded
Senators should be the last ones to fall
This year, VA will provide free impa-
something had to be done. I had long
for that kind of trendy thinking. This
tient hospital treatment to over 1.1
believed that peacetime conscription is
is not & moment to undermine the at-
million veterans and, in addition,
an evil that should be avoided. That
tractiveness of our military service by
almost 23 million outpatient visits.
conscription is a great imposition on
offering to a new class of Federal em-
Mr. President, many of these veter-
any person and should only be re-
ployee, and that is really what we are
ans benefits now have parallels avail-
stored to in a free country under the
talking about. We call them volun-
able to non-veterans. But never has
most extreme cfrcumstances-in gener-
teers, but they are in effect a new
the comparison been so direct, or un-
al only at time of war.
class of Federal recipients, at least,
favorable, as that between the benefits
So with the prospect and a growing
whether they are technically employ-
proposed in title III of this bill and
clamor for peacetime conscription,
ees. To undermine the GI bill benefits
those available to the young men and
ships being beached, and hollow units
which have proven to be a successful
women who serve in our Armed
showing up in the Army, and with a
recruiting and retention program by
Forces.
trend apparently almost irreversible of
offering right out of the box some-
A young person entering the Armed
the least capable persons being the
thing that is more attractive to a dif-
Forces desiring post-service education
only ones who would seek entry into
ferent class of volunteers seems to me
benefits must elect to endure, during
the armed services, we realized some-
to be a great mistake.
the first 12 months of service, a $100
thing had to be done.
Whether it is just or not I leave to
per month salary reduction.
People like Prof. Charles Moskos of
others to discuss. I am disposed to be-
This service member must then suc-
Northwestern University and others
lieve, as Senator MCCAIN has said, that
cessfully complete his or her enlist-
came forward and said you cannot
it is unfair. Whether or not we are of-
ment and receive an honorable dis-
buy, or spend enough in salary to at-
fering enough to the volunteers I leave
charge to receive benefits. The basic
tract and hold the kind of people in
to others to debate. It seems to me
benefit for 3 years military service is
the armed services you want. The only
that we are offering plenty.
$300 per month for 36 months or
way that we could think of to do so
But I would ask Senators to consider
$10,800. The basic benefit for a 2-year
was the GI bill education benefit be-
as they think of this amendment the
enlistment is $250 per month or
cause that benefit was precisely the
probable practical effect on our ability
$9,000.
kind of incentive that would be attrac-
to recruit and hold highly qualified
In comparison, a 2-year volunteer
tive to the type of people we were
people in the military. It seems to me
participating in the title III pilot pro-
seeking to bring into the military; that
there is no urgent, compelling reason
gram would receive vouchers valued at
is. the upward mobile people who
for us to fool around with the program
$10,000.
would be attracted not so much by
that is working well or to set up in
Mr. President, I will leave It to the
$10, $50. or $100 a month more in pay
competition with It something which
Committee on Armed Services to
but who would have a tremendous in-
will make it less attractive.
evaluate the effect on recruiting
centive to come in to get the education
So I am going to vote for the
benefit.
should a program similar to the title
McCain amendment.
III pilot become law. I admit that It
In short, Mr. President, we did not
Mr. MURKOWSKL Mr. President, I
defies commonsense to expect that
reinstitute the GI bill benefits for any
speak in support of the amendment
there would be no adverse impact.
abstract or altruistic reason. We did it
before us today because of my concern
My concern, as I noted earlier, is to
because our military services were
for Americans who are not mentioned
America's veterans. I believe that en-
crumbling, crumbling all around us.
in the proposed bill. Americans whose
actment of this bill would be interpret-
We needed to do so to attract and hold
interests are directly and indirectly af-
ed as a congressional judgment on the
the quality of people that we needed
fected by its provisions. I speak be-
relative worth, and the relative hard-
in the service.
cause of my concern for America's vet-
ship, of military and domestic service.
How has it worked out? The answer
erans.
Frankly, I can't agree with the judg-
is as Senators know, it has worked out
The Congress expresses the will of
ment that this bill would make.
reat. It has fulfilled everything that
the American people, and the Ameri-
Based on the benefits provided, this
ve expected for it. The military serv-
can people have long insisted that the
bill values domestic service more
ces have reported to us over and over
unique hardships and risks of military
highly than military service. I agree
again on the success of the program.
service be recognized by appropriate
that hospital, literacy, and other do-
But not only are we filling the num-
benefits for those who have served.
mestic. tasks are of value. But, their
February 27, 1990
CONGRESSIONAL RECORD - SENATE
1727
value pales against the value of the
apply. They can only take 300,000. I
freedom secured and defended by the
serving and those who did serve, and
will be the first to say some of that
members of our armed services. We
we tell them compensation will be
700,000 is not qualified, or cannot
higher in a post-service fashion than
are currently basking in the warm
meet the standards. But only 300,000
glow of a world apparently liberated
those who serve in the military.
are accepted by the military; 700,000
from a cold war.
Mr. ARMSTRONG. If the Senator
apply.
I urge the Senate not to forget that
will yield, I am not trying to have the
When you look at the number of
liberation was in large measure se-
last word, but it sure as thunder does
jobs we are talking about here, we are
cured by the service of young men and
affect recruiting. If somebody thinks
talking about no more than 1,400-not
women who endured difficult service
that potential recruits or potential
thousands, not 140,000-1,400 full-time
to ensure that our adversaries knew
reenlistees in the services will fail to
pilot project jobs. Anything else has to
there was no viable armed solution to
be sensitive to the meaning of this,
come back to the Congress. We are
the inevitable internal contradictions
which is to say we value service under
talking about no more than 7,200 part-
of communism.
the new program of volunteers more
time jobs.
Incredibly, based on the benefits
than we value your service as a
How can anyone believe that 1,400
provided, this bill places a higher pre-
full-time jobs where they earn 31 per-
member of the Military Establish-
mium on domestic service than mili-
cent less than they would earn in the
ment, I just think they underestimate
tary service.
military can affect in any significant
the perspicacity of people who are or
This would be the case even though
way 700,000 people who now apply to
are thinking about joining the Army,
a domestic service volunteer could live
the military? I just do not even under-
Air Force, Navy, or Marines. They are
at home, eat "mom's home cooking,"
stand the arithmetic of that. I do not
going to know it, and they will say the
enjoy the companionship of his or her
understand the logic of it both from
emphasis the country and Congress
friends and the atmosphere of his or
the point of view of compensation, and
puts on the new program is greater
her hometown. A service member lives
from the point of view of numbers.
than the old program. It is not just
on a ship or in barracks, eats messhall
The purpose of this program is to
the 1,400 who may or may not join the
chow, has an NCO to keep him in line
find out some things. One of the
new program. That is not going to stay
and endures the hardship of remote
things we want to find out is the at-
at 1,400 if we enact this thing. It will
bases or long deployments. And, of
tractiveness of these positions versus
go up. Everything else does around
course, a service member is committed
the attractiveness of normal work
here. It is the message we are trans-
to follow, without question or hesita-
versus the attractiveness of the mili-
mitting, and it will have an effect on
tion, orders which may lead to death
tary. We have to test this to be able to
recruiting, and do not kid ourselves
or injury.
know what to do on the national basis.
about it.
Mr. President, the relative benefits,
That is the test program.
Mr. McCAIN. I might add, our All-
hardship, and commitment of domes-
So I urge my colleagues again not to
Volunteer Force.
tic service and military service are not
vote for this amendment. If they are
Mr. KASTEN. I rise in strong sup-
consistent with the relative rewards of
against the program, vote against the
port for the Senator of Arizona and
the benefits which would be provided
program, but do not gut the program
ask that I be made a cosponsor of this
should this bill become law. The Con-
with the McCain amendment. That is
amendment.
gress could respond by initiating a bid-
what that would do.
Mr. McCAIN. Mr. President, I ask
ding war for the services of America's
Mr. McCAIN. Mr. President, we have
for the yeas and nays.
youth. I submit that a better course
the highest respect and regard for the
The PRESIDING OFFICER. Is
would be to put domestic service back
distinguished chairman and his many
there a sufficient second?
on a true volunteer basis. We do not
years of involvement in manpower
There is a sufficient second.
need to create what would, in reality,
issues, and, of course, it is always a
Mr. KENNEDY. Mr. President, it is
be a new domestic publicly funded
great privilege to work with him on a
my hope that we will dispose of the
jobs program.
wide variety of issues.
McCain amendment and the Arm-
We didn't provide veterans' benefits
He does not see how anybody could
strong amendment. I understand now
to those who served in the WPA. I be-
object to this amendment or bill on
that there will be a perfecting amend-
lieve we should not provide them to
grounds of recruiting. I say in re-
ment by the Senator from Colorado,
the participants in the public works
sponse that the Department of De-
and then we were going to put in the
program proposed by this bill.
fense, and I quote, says, "The net
RECORD a very brief exchange regard-
I thank the Chair.
result is a tip in the playing field that
ing its interpretation and then it is my
Mr. NUNN. Mr. President, just one
places the military recruiting pro-
understanding that the desire of the
brief word. I listened carefully to my
grams at a distinct advantage." That is
majority leader for the convenience of
friend from Colorado. I know how
the view of the Department of De-
the membership is that we vote on
hard he is working on making the vol-
fense. I happen to share it.
both these measures back to back.
unteer military work, because he is ex-
My argument on this amendment is
That is what we would like to be able
actly right. I remember when he stood
not recruiting; it is not anything
to accomplish.
on the floor and pointed out the inad-
except fairness. Fairness is what I seek
So if the Senator from Arizona
equacies of military pay. His leader-
here, and fairness is what the men and
would permit us to go back to the com-
ship had a lot to do with some of the
women of this country deserve, those
pletion of the Armstrong amendment
restoration that was made. But let me
in the military. It is not fair to give
with at least our understanding that
just throw out a few figures here. I
people greater benefits, who do not
we will have back-to-back votes, either
cannot really see how anyone believes
serve in the military, than those that
on the amendments or on some motion
that this bill could possibly undermine
do. That is the reason for my amend-
related thereto.
military recruiting, if you look at the
ment, not because of recruiting. not
Mr. ARMSTRONG. I think we can
numbers.
for a variety of other reasons, but
do that in perhaps a few seconds.
I mean, forget the argument about
simply on the grounds of fairness.
Mr. KENNEDY. Mr. President, I ask
compensation which I have already
I hope that we will vote affirmative-
unanimous consent that the amend-
made. Forget about the argument that
ly on this amendment. I look forward
ment of the Senator from Colorado to
the full-time national service partici-
to working with the Senator from
the underlying Armstrong amendment
pant earns only two-thirds of the total
Massachusetts and the wonderful Sen-
be in order at this time.
compensation of most 2-year enlistees
ator from Maryland, who has devoted
The PRESIDING OFFICER. With-
in the military.
much of her time in trying to help
out objection, it is so ordered.
Forget those arguments for a
those men and women who have
AMENDMENT NO. 1268 TO AMENDMENT NO. 1262
minute. Just look at the numbers.
served and are serving in the military.
Mr. ARMSTRONG. Mr. President, I
There are 700,000 people that try to
This sends a wrong message, Mr. Presi-
send an amendment to the desk and
get in the military each year that
dent, to the men and women who are
ask for its immediate consideration.
S1728
CONGRESSIONAL RECORD
February 27, 1990
The PRESIDING OFFICER. With-
ent with my intent. Frankly, it ts
Volunteer Programs, the regular
out objection, it is so ordered. The
partly styled, and I believe the expla-
Armed Forces, the Reserve Armed
clerk will report the amendment.
nation of the amendment which I pre-
Forces, and the Peace Corps. We al-
The legislative clerk read as follows:
viously submitted still applies. Howev-
ready have thousands of volunteers
The Senator from Colorado [Mr. ARM-
er, it is, I think, the intention of the
working in these efforts and I am sym-
STRONG], for himself, Mr. BOSCHWITZ, Mr.
Senator from Massachusetts to submit
pathetic to those who have concerns
COATS, Mr. GORTON, Mr. GRAMM, Mr. LOTT.
a colloquy.
Mr. MACK, Mr. McCONNELL, Mr. KASTEN, and
that this new service program will
And with that explanation, I ask for
Mr. HATCH, proposes an amendment num-
drain people from our existing corps
adoption of the amendment to the
bered 1268 to his amendment 1262.
of volunteers.
amendment, and then the yeas and
Mr. ARMSTRONG. I ask unanimous
We should do what we can to en-
nays on the underlying amendment
consent to dispense with the reading
courage more participants in existing
that have been ordered.
of the amendment.
volunteer programs, but still work to
Mr. KENNEDY addressed the Chair.
The PRESIDING OFFICER. With-
develop new ways for all Americans to
The PRESIDING OFFICER. The
out objection it is so ordered.
have the opportunity to serve.
Senator from Massachusetts.
The amendment is as follows:
I belive Senator McCAIN has made
Mr. KENNEDY. Mr. President, it ap-
In lieu of the matter proposed in amend-
an important point. We should not
peared as though the responses to this
ment 1262:
make military service an unattractive
particular amendment are that we
On page 8. line 2. after the word "needs"
follow the pattern that has been ac-
option to other programs.
insert the following: ". including, but not
My sole concern with this legislation
limited to, churches and other religious en-
cepted with other legislation dealing
titles";
with the church-State issue, and we
is the limiting of the vouchers, to edu-
On page 8, line 9, after the words "second-
wanted to deal with that issue in a
cation benefits only. However, I am
ary school" insert the following: ", includ-
particular way. The Senator from Col-
very sympathetic to all these issues.
orado prefers to list certain kinds of
The PRESIDING OFFICER. Is
ing. but not limited to, private sectarian and
nonsectarian schools";
activities. We have dealt with that.
there further debate on the amend-
On page 10. line 6, after the words "public
But I believe that is a constitutional
ment of the Senator from Colorado to
or private agencies" insert the following: ".
way.
his own amendment?
including, but not limited to, churches and
Some adjustments have been made
Mr. BUMPERS. Mr. President, Sen-
other religious entities";
in the Senator's amendments. It seems
ator ARMSTRONG has raised the
On page 36, line 3 strike "any religious
function" and insert in lieu thereof, "the
to me that this is a satisfactory way of
church-state issue with respect to the
use of funds provided under this title by
proceeding.
various grant programs in S. 1430. I
program participants and program staff to
Does the Senator desire a rollcall
want to briefly comment on the
give religious instruction, conduct worship
vote on the amendment as amended?
church-state issue as it applies to the
services.-or engage in any form of proselyt-
Mr. ARMSTRONG. I do.
loan deferment and cancellation provi-
ization".
I think the business now is the
sions of the legislation.
On page 69, line 7. strike the semicolon
amendment to the amendment.
Since 1980, the Higher Education
and insert in lieu thereof the following: ",
The PRESIDING OFFICER. The
Act has provided that student borrow-
but nothing in this Act shall be construed to
Senator is correct.
ers may defer repayment of student
revent any church or other religious entity
Is there further debate on the
loans if they perform full-time, low-
om-
(A) displaying religious symbols or decora-
amendment to the amendment?
paid community service with tax
tions;
Mr. HATCH addressed the Chair.
exempt community service organiza-
(B) allowing persons to pray voluntarily,
The PRESIDING OFFICER. The
tions. In implementing this deferment,
whether süent or vocally;
Senator from Utah.
the Department of Education has
(C) allowing persons to sing religious
Mr. HATCH. This has been worked
ruled that student borrowers may per-
hymns: or
out over a long period of time. I think
form this service for organizations
(D) affirming or promoting any moral
it worked out to the satisfaction of all
which are tax-exempt because they
tenct that may be based on religious pre-
cepts;".
parties.
are religious organizations under sec-
So long as no funds provided under this
It is my understanding that after
tion 501(c)(3) of the Internal Revenue
Act are used by program participants and
this amendment is adopted, we will
Code. However, students who serve in
program staff for such activities and so long
vote on the Armstrong amendment
religious organizations may not give
as these activities are conducted in a
and have a back-to-back vote on the
religious instructions, conduct worship
manner consistent with the Constitution.
McCain amendment.
services, engage in religious proselytiz-
On page 70. line 6, after the word "affili-
I ask unanimous consent that that
Ing. or engage in fundraising to sup-
ation" insert the following: -. except that
be the order.
port religious activities.
nothing in this Act shall prohibit a church
Mr. KENNEDY. Mr. President, it is
The regulations promulgated (35
or other religious entity from requiring that
my understanding that we would vote
C.F.R. 674A(B)(4)(V); 682.508(D)(5);
participants adhere to the religious tenets
and teachings of such organizations and fur-
on the Armstrong amendment, and I
and 683.58(D)(5), conform with the
ther, such organizations may require that
think the Senator from Georgia tn-
intent of Congress in authorizing the
participants adhere to rules forbidding the
tended to make a tabling motion for
deferments in 1980 to avoid violating
use of drugs or alcohol".
the McCain amendment.
the constitutional provisions for sepa-
On page 70, line 7, redesignate subsection
Mr. HATCH. Mr. President, this
ration of church and state.
(c) as subsection (d) and insert after subsec-
amendment will authorize a reduction
Students who serve with tax-exempt
tion (b) the following new subsection:
in benefits in national service to be
religious organizations should be eligi-
"(c) QUALIFIED APPLICANTS.-If two or
lower than military.
ble for loan deferments and loan can-
more prospective participants are qualified
for any position with a church or other reli-
Mr. President, I agree with my col-
cellation benefits under the national
gious entity that is funded under part A of
league from Arizona that there should
services bill, just as they were under
title I or titles II or III, nothing to this Act
be some concern over the impact of
the loan deferment program of the
shall prohibit such organization from ac-
this legislation on the military. And,
Higher Education Act of 1980.
cepting B. prospective participant for such
none of us who have been involved in
The amendment (No. 1268) was
position who is already participating on a
the drafting of this legislation want to
agreed to.
regular basis in other activities of the
see other important programs hurt.
Mr. ARMSTRONG. I ask unanimous
church or other religious entity.".
This legislation is intended only to
consent that the Senator from Wis-
Mr. ARMSTRONG. Mr. President,
expand the opportunities for all Amer-
consin [Mr. KASTEN) and the Senator
is has been worked out with the
icans from all different backgrounds
from Utah [Mr. HATCH] be added as
Ganagers and the staff of the manag-
to serve.
cosponsors.
rs and by my staff. It satisfies some
In fact, this legislation requires an
The PRESIDING OFFICER. With-
concerns which the managers raised
evaluation of the impact of this pro-
out objection, it is so ordered.
and does so in a way which ts consist-
gram on VISTA, the Older Americans
Mr. McCAIN addressed the Chair.
February 27, 1990
CONGRESSIONAL RECORD SENATE
S1729
The
PRESIDING
OFFICER.
Is
- The PRESIDING OFFICER. The
I am particularly pleased that we
there further debate on the amend-
pending business is the amendment of
have worked to include strong lan-
ment of the Senator from Colorado?
Senator McCAIN. amendment No.
guage to prevent job displacement. We
Mr. McCAIN. Mr. President, I ask
1267, on which the yeas and nays were
all agree that the community service
for the yeas and nays on my amend-
ordered.
bill should expand options so people
ment.
Mr. NUNN. Mr. President, on behalf
can work for the public good-not re-
The PRESIDING OFFICER. The
of Senator ROBB and myself, I move to
place existing workers with federally
yeas and nays have been ordered on
table the McCain amendment.
funded volunteers.
the amendment of the Senator from
Mr. President, I ask for the yeas and
The antidisplacement provisions in
Arizona.
nays.
S. 1430 are the product of lengthy dis-
Is there further debate on the
The PRESIDING OFFICER. Is
cussions between majority and minori-
amendment of the Senator from Colo-
there a sufficient second?
rado?
ty staff, employees and employer
There is a sufficient second.
If not, the question is on agreeing to
groups.
The yeas and nays were ordered.
These provisions will ensure active
the amendment of the Senator from
The PRESIDING OFFICER.
Is
Colorado.
community support, cooperation, and
there further debate?
On this question the yeas and nays
creativity as volunteer programs are
There being no further debate, the
have been ordered, and the clerk will
implemented.
question is on agreeing to the motion
call the roll.
And active community support from
of the Senator from Georgia to lay on
The legislative clerk called the roll.
local business, labor, education and
the table the amendment of the Sena-
Mr. CRANSTON. I announce that
other community leaders is essential.
tor from Arizona. The yeas and nays
the Senator from Texas [Mr. BENT-
When we first considered S. 1430, or-
have been ordered. The clerk will call
SEN], the Senator from Hawaii (Mr.
ganized labor alerted us to the poten-
the roll.
MATSUNAGA], the Senator from Rhode
tial for the displacement of paid work-
The bill clerk called the roll.
Island [Mr. PELL], the Senator from
ers by volunteers, especially in local
Mr. CRANSTON. I announce that
Arkansas [Mr. PEYOR], the Senator
jurisdictions under financial pressure.
the Senator from Texas [Mr. BENT-
from Tennessee [Mr. SASSER], and the
I felt strongly-as did organized labor
SEN], the Senator from Hawaii [Mr.
Senator from Illinois [Mr. SIMON] are
and many of my colleagues-that
MATSUNAGA], the Senator from Arkan-
necessarily absent.
bitter disagreements between sponsor-
sas [Mr. PRYOR], the Senator from
I further announce that, if present
ing employers and their employees
Tennessee [Mr. SASSER]. and the Sena-
and voting, the Senator from Rhode
would be detrimental to a well-run vol-
tor from Illinois [Mr. SIMON] are nec-
Island [Mr. PELL] would vote "yea."
unteer program. And we were clear
essarily absent.
The PRESIDING OFFICER (Mr.
that we did not want to see a federally
The PRESIDING OFFICER. Are
BRYAN). Are there any other Senators
funded volunteer program result in
there any other Senators in the Cham-
in the Chamber desiring to vote?
the loss of paid jobs.
ber who desire to vote?
The result was announced-yeas 91,
The antidisplacement provisions in
The result was announced-yeas 54,
nays 3, as follows:
this legislation establish the clear
nays 41, as follows:
[Rollcall Vote No. 18 Leg.]
intent of Congress to prevent displace-
YEAS-91
[Rolicall Vote No. 19 Leg.]
ment of both existing workers and
Ford
McCain
YEAS-54
paid jobs. They also prohibit the con-
Adams
Armstrong
Fowler
McClure
Adams
duct of activities that duplicate activi-
Exon
Levin
Baucus
Garn
McConnell
Baucus
Ford
Lieberman
ties already performed in the jurisdic-
Biden
Gore
Mikulski
Biden
Fowler
Metzenbaum
tion.
Bingaman
Gorton
Mitchell
Bingaman
Gore
Mikulski
Bond
To achieve speedy resolution of any
Graham
Moynihan
Boren
Graham
Mitchell
Boren
Gramm
Murkowski
Bradley
Harkin
Moymihan
disputes that might arise, S. 1430 also
Boschwitz
Grassley
Nickles
Breaux
Hatfield
Nunn
includes an expedited grievance proce-
Bradley
Harkin
Nunn
Bryan
Heflin
Packwood
dure for resolving any antidisplace-
Breaux
Hatch
Packwood
Bumpers
Reinz
Pell
Bryan
Heflin
Pressler
Burdick
Inouye
Reid
ment disputes. I am hopeful that, by
Bumpers
Heinz
Reid
Byrd
Jeffords
Riegle
including such a process, the volunteer
Burdick
Helms
Riegle
Conrad
Johnston
Robb
program will be protected from pro-
Burns
Hollings
Robb
Cranston
Kennedy
Rockefeller
Byrd
Humphrey
Rockefeller
Daschle
Sanford
tracted disagreements that would
Kerrey
Chafee
Inouye
Roth
DeConcini
Kerry
Barbanes
cause longlasting animosities. Instead,
Coats
Jeffords
Rudman
Dixon
Kohl
Shelby
differences can be resolved promptly,
Cochran
Johnston
Sanford
Dodd
Lautenberg
Warner
and energies can be focus on the true
Cohen
Kassebaum
Sarbanes
Durenberger
Leahy
Wirth
Conrad
Kasten
Shelby
intent of the program-voluntarism.
Cranston
Kennedy
Simpson
NAYS-41
In addition, by prohibiting duplica-
D'Amato
Kerrey
Specter
Armstrong
Gorton
McConnell
tion of activities already performed,
Danforth
Kerry
Stevens
Bond
Gramm
Daschle
Murkowski
Kohl
Symms
this bill will guide volunteer programs
Boschwitz
DeConcini
Grassley
Nickles
Lautenberg
Thurmond
toward creative activities that meet
Burns
Dixon
Hatch
Pressler
Leahy
Wallop
Dodd
Chafee
Helms
Roth
local needs that are not being met. We
Levin
Warner
Coats
Dole
Lieberman
Hellings
Rudman
do not regard volunteer programs set
Wilson
Cechran
Domenici
Lott
Humphrey
Simpson
Wirth
up under this bill as a replacement for
Cohen
Durenberger
Kassebaum
Lugar
Specter
Exon
D'Amato
Kasten
Stevens
local and ongoing activities. Rather,
Mack
Denforth
Lott
Symms
our intent is to encourage the partici-
NAYS-3
Dole
Lugar
Thurmend
pation of local volunteers in the devel-
Domenici
Mack
Glenn
Wallop
Hatfield
Metzenbaum
opment of volunteer activities.
Garn
McCain
Wilson
NOT VOTING-6
Glenn
McClure
Mr. President, I commend Senator
KENNEDY and his staff for their assist-
Bentsen
Pen
Sasser
NOT VOTING-5
Matsunaga
Pryor
ance on these antidisplacement provi-
Simon
Bentsen
Pryor
Simon
sions. The Senator from Massachu-
So the amendment (No. 1262) as
Matsunaga
Sasser
setts, along with Senators DODD. MI-
amended. was agreed to.
So the motion to lay on the table
KULSKI and PELL, have shown a great
AMENDMENT NO. 1267
the amendment (No. 1267) was agreed
deal of leadership in bringing about
The PRESIDING OFFICER. The
to.
consensus.
Senator from Georgia [Mr. NUNN] is
Mr. METZENBAUM. Mr. President,
The National and Community Serv-
recognized.
I rise today in support of S. 1430, the
ice Act will provide interesting and
Mr. NUNN. Mr. President, what is
National and Community Service Act
meaningful community experience for
the pending business now?
of 1989.
many Americans. It will give us a good
1730
CONGRESSIONAL RECORD SENATE
February 27, 1990
indication of how we can best tap into
that the average business owner
prevent assistance under this title
the public spirit and good will of our
begins with less than $15,000. If na-
from being used to operate the blood-
people. I salute those individuals who
tional service participants combine
mobile for 2 days a week? Arguably,
will take up the cause of helping
their resources with other partners,
this is not an additional activity, but
others as a result of this bill.
their capital will go even further in
rather an expansion of an existing ac-
Mr. HATCH. Mr. President, Senator
starting up the business.
tivity. Would this provision prevent as-
GRASSLEY is to be commended for his
Sufficient capital is not necessary
sistance provided under this title from
efforts to include in the substitute lan-
only to obtain financing. it is also sig-
being used by an organization to
guage to authorize the use of the
nificant for ultimate success. Accord-
expand an existing activity?
vouchers for the start of a small busi-
ing to an article in the Journal of
Mr. KENNEDY. No. it would not
ness or a farm. Senator KENNEDY and I
Small Business Management, under-
prevent expansion of an existing activ-
appreciate his assistance on this fine
capitalization is a major cause of small
ity such as the one described by the
amendment and we were happy to in-
business failure.
Senator from Utah so long as the non-
clude it in the compromise.
In recognition of the steady flow of
displacement requirements in subsec-
Mr. GRASSLEY. Mr. President, I
people and income from rural econo-
tion (b) are met. It would prohibit
rise to address an amendment of mine
mies, Congress has been working on
funds from going to another organiza-
which the Committee has included in
rural development legislation. Much of
tion to operate a bloodmobile program
its substitute amendment. This
the focus of the legislation has been
if that organization is not now operat-
amendment, which I was prepared to
for alternative financing sources.
ing one.
offer on the floor today, would have
Such financing, especially for begin-
Mr. HATCH. I appreciate that ex-
been cosponsored by Senator HATCH. I
ning farmers, ranchers, and business-
planation. Now, let me ask the Senator
thank him for his support and I thank
men, is the one rural credit need ad-
from Massachusetts about section
the committee for including my lan-
mitted by the Task Force of Agricul-
176(a)(2) and the related requirements
guage in their substitute amendment.
tural Finance.
in section 176(b).
The bill provides a voucher to full-
This voucher, Mr. President, would
Subsection (a)(2) states that assist-
time and part-time work for young
help young people build the down pay-
ment necessary to get that first loan.
ance under this title may not be given
adults in the national service program.
The bill as first reported from the
The benefits of my amendment
to private, nonprofit entities to con-
would flow not just to the individuals
duct activities that are the same or
committee allowed the vouchers to be
used for the purchase of a home and
receiving the vouchers. Their commu-
substantially equivalent to activities
for educational expenses.
nities would reap significant economic
provided by a State or local govern-
My amendment simply expands the
and social rewards from investment in
ment agency that such entity resides
allowed usees for the voucher to in-
businesses and farms. Economically
in, unless the requirements of subsec-
clude. the purchase of a farm or small
distressed areas of the country face
tion (b) are met. I understand that
business, as defined by the Small Busi-
tremendous challenges in attracting
subsection (b)(1) and (b)(2) require
ness Administration, including produc-
business or encouraging the startup of
that a private nonprofit agency cannot
tion of food, fiber, livestock, aquacul-
new ones.
receive funds if State or local govern-
ture, and other agricultural industries,
Providing financial backing is criti-
ment workers are displaced from their
as well as most other small business
cal to reinvigorate development in
jobs or if promotional opportunities
concerns up to $500,000.
these areas.
are infringed upon. I agree with the
Mr. President, beginning farmers
Again, Mr. President, I thank the
thrust of these requirements.
and entrepreneurs have difficulty ob-
bill sponsors for their cooperation and
But, who is responsible for making
taining seed capital for starting up
insight into this matter.
the determination that the require-
businesses. Banks are frequently un-
LABOR DISPLACEMENT PROVISIONS
ments are met? Let's say the Sierra
willing or unable to make unguaran-
Mr. HATCH. I am a little concerned
Club of Salt Lake City has organized
teed loans to small businesses with
about the nonduplication and nondis-
an ongoing project to pick up the
terms and conditions suited to their
placement provisions in section 176.
litter along Utah's scenic highways.
needs.
While I absolutely agree that we do
That would normally be a function of
Commercial lenders consider new
not want to turn the National and
employees at the State highway de-
business ventures as poor risks, as
Community Service Act into a public
partment. Is it the responsibility of
they are usually supported only
service employment bill-and that in-
the Sierra Club to secure assurances
weakly with collateral and equity.
cludes replacing municipal employees
from the Utah Highway Department
Equity for small business startup is
with participants who are stipended
that no workers will be laid off as a
generated from personal savings and
under this bill-I do not want to make
result of their organization's cleanup
home equity about two-thirds of the
the provisions in section 176 so strict
project? And, what is the Sierra Club's
time.
that we do not allow legitimate volun-
liability if, in fact, the State highway
As you know, Mr. President, new
teer organizations to support causes
department improperly reduces wages
farmers and businessmen usually have
which may overlap with the duties or
or hours anyway?
little home equity or personal savings
work performed by state or municipal
Mr. KENNEDY. It is not our inten-
built up. My amendment would help
employees.
tion to subject volunteer organizations
farmers and small businessmen obtain
Let me first ask the Senator from
to unreasonable burdens of proof or li-
capital, enabling them to better meet
Massachusetts about section 176(a)(1).
ability for violations that are not de-
lenders' requirements.
I understand the intent of this para-
liberate or that are not within the con-
This capital gap is particularly prev-
graph is to avoid duplication of exist-
trol of the organization.
alent for new and smaller businesses.
ing programs. I agree with that. We do
Mr. HATCH. I thank the Senator.
Further, startup capital is an even
not necessarily want group A, which is
Now, on a related point, paragraph (3)
bigger problem for businesses owned
assisted with funds provided under
states that no assistance may be pro-
by minorities and women. Women
this act, to compete with group B,
vided to a private nonprofit organiza-
typically begin business with about
which has had to raise its funds pri-
tion if the services it will provide du-
half as much capital as do men. Ven-
vately.
plicate any services "that would other-
ture capital, instead, is attracted to
However. the term "activity" as it is
wise be performed" by government
larger, established businesses.
used in this paragraph is ambiguous,
employees. This appears to mean that
The $10,000 that would be available
and I hope the sponsor of the bill can
the Sierra Club project to pick up
to participants in the full-time nation-
shed some light on what is meant
litter would be disallowed since the
al service demonstration project would
here. For example, if the Cache
State highway department performs
go a long ways to getting people start-
County blood bank operated a. blood-
this function. This provision would
ed in business or farming. The Con-
mobile 1 day a week, that would be a
also eliminate literacy programs if
gressional Budget Office estimates
specific activity. Would this provision
school district employees also teach
February 27, 1990
CONGRESSIONAL RECORD- SENATE
S1731
such programs or youth recreation
funded by the act. So, for example, a
SECOND CLOTURE VOTE ON
programs if the city parks or school
kosher Jewish soup kitchen could bar
SENATE JOINT RESOLUTION 212
districts offer such programs. I am
volunteers from distributing ham
sure there are dozens of other overlap-
Mr. DOLE. Mr. President, I still
sandwiches. But the institution could
ping services. Do the bill's sponsors
think "David" won the debate-but it
intend a strict interpretation of this
not require participants in the volun-
is pretty clear that "Goliath" won the
provision?
teer program to convert to the reli-
vote.
Mr. KENNEDY. The intent of the
gion. Do you agree with this interpre-
So whatever the merits of our posi-
provision is to discourage State and
tation of your amendment?
tion it is clear after two tries that we
local governments from viewing the
Mr. ARMSTRONG. Yes. The Sena-
do not have the votes to prevail on clo-
National and Community Service Act
tor is correct. As the Senator knows,
ture, at least on the current form and
as a means to finance the public duties
this language is taken from S. 5, the
text of Senate Joint Resolution 212.
they are already committed and abli-
A-B-C child care bill. The brief legisla-
I will not seek a third cloture vote
gated to perform. The National and
tive history of the provision in S. 5
and so advise the Senator pro tempo-
Community Service Act should not
shows that a religious institution
re, the Senator from West Virginia
sanction the substitution of unpaid
cannot require a participant to profess
[Mr. BYRDL
labor. or labor that is stipended at 2
to any religious principle or convert to
I want to say & special word of
minimal amount, for regular employ-
any creed. However, the amendment
thanks to those who led the floor
ees who are entitled to normal wages
allows a religious organization to set
effort for the resolution on both
and benefits.
rules based on its religious precepts
sides of the aisle.
The standards set forth in section
and to require participants under this
From outside the Senate, I want to
176(b)(3) are intended to be enforced
act not to violate those rules. The Sen-
take special note of the following
in a reasonable manner. It is not our
ator from Massachusetts cites a die-
people, who have been very helpful.
intent to discourage the Sierra Club
tary rule. I would add that churches
Congressman PASHAYAN of Califor-
and other volunteer organizations
from performing public service func-
can set rules relating to alcohol use,
nia has worked very hard trying to
tions which do not displace workers.
drug use, sexual activity, and other
find an acceptable compromise, and
matters that are of deep and abiding
deserves a lot of credit for moving the
Mr. HATCH. I appreciate that re-
concern to religious organizations.
administration toward a position ac-
sponse. I have one final inquiry that
ceptable to the Armenian-American
also has to do with section 176(a)(2)
Mr. KENNEDY. I also want to state
community.
and (b)(3). Subparagraph (C) lists a
my own understanding of part (b) of
California Governor Deukmejian,
set of additional circumstances under
this amendment. The bill, even with
and two of his close associates, Carl
which volunteers assisted by the bill
the Armstrong amendment, bars the
Samuelian and Greg Kahwajian, have
may not substitute for employees of
use of Federal funds in programs that
also been actively involved in our dis-
State or local governments. I find
give religious instruction, conduct wor-
cussions with the administration, and
these are quite reasonable provided we
ship services, or engage in any form of
in urging support for the resolution. I
are talking about a long-term substitu-
proselytization. The amendment
thank them for their efforts from long
tion. For example, I agree that 2 vol-
simply makes clear that activities con-
distance.
unteer should not be substituted on a
ducted by a church or other religious
Officials from the Armenian assem-
long-term or indefinite basis for a
entity-such as displaying religious
bly-one of the major Armenian-
worker who has resigned or been dis-
symbols or decorations; allowing per-
American groups-have also worked
charged. However, I wonder if the Sen-
sons voluntarily on their own to
with us every step of the way, and
ator from Massachusetts objects to
engage in prayer or sing religious
have provided great support during
volunteers filling in on temporary
basis. For example, if the ambulance
hymns; or affirming or promoting any
this debate. I would mention three in
dispatcher in Moab, UT, is on sick
moral tenet based on religious pre-
particular: Ross Vartian, Van Krekor-
leave or vacation, would this bill pro-
cepts-do not endanger the entity's
ian and Rouben Adalian.
funding under the bill so long as they
I also want to commend those who
hibit a community action program re-
are conducted separate and apart from
have been working around the coun-
ceiving assistance under this title from
helping out for a time? Clearly, in a
the programs funded by the bill, and
try, those senior Armenians who made
case like this, there is no harm to the
not as a part of the program itself.
the trip today from Philadelphia and
Atlantic City. As I said, the eldest in
employee and no intent on the part of
NONDISCRIMINATION
the group is 99, and they have told us
the city to make a permanent substitu-
Mr. HATCH. There is one clarifica-
a number of incidents, stories that
tion.
tion I would like to make in section
have been brought to the attention of
Mr. KENNEDY. The Senator from
174(a) concerning nondiscrimination.
some of our colleagues.
Utah understands the purpose of the
All of the listed civil rights statutes, as
I also want again to commend the
provision. Subparagraph (C) is intend-
well as regulations issued under such
distinguished President pro tempore,
ed to enumerate the conditions under
statutes, apply to activities carried out
Senator BYRD. As usual, the was ex-
which improper substitutions could
under this title. Am I correct that the
tremely effective in managing his
not take place. Once again, it is sub-
regulations that apply will be those
forces and making his case; and, as
ject to a reasonable interpretation. In
the case mentioned by the Senator
which are in effect at any given point
always, he was a gentleman.
in time? In other words, if the regula-
As I indicated several time during
from Utah, I do not see a problem be-
tions implementing any of these civil
the debate-there may be other legis-
cause, as the Senator stated, the em-
ployee would not be disadvantaged nor
rights statutes are changed in the
lative options open in the future. We
would this action supplant the hiring
future, programs assisted under the
will be exploring those.
National and Community Service Act
I remain hopeful that a vote on the
of employed workers.
amended text I sought to offer, either
Mr. HATCH. I thank the Senator
must abide by the new regulations, not
in concurrent resolution form or as a
very much for his answers.
those which are in effect today or on
sense-of-the-Congress amendment,
Mr. KENNEDY. I would like to con-
the day of enactment.
might garner a better vote. I also will
firm the intention of the Senator from
Mr. KENNEDY. The Senator is cor-
want to consult with some of my
Colorado with respect to part (e) of his
rect.
friends on the House side, to explore
amendment. It would provide that
Mr. DOLE Mr. President, I ask
the potential for action on an appro-
nothing on the act shall prohibit a
unanimous consent that I may proceed
priate resolution there.
church or other religious entity from
as in morning business.
hope we fought a good fight. I
requiring that participants not violate
The PRESIDING OFFICER. With-
know it was an important fight. Per-
the religious tenets of the organiza-
out objection, it is so ordered.
haps It will be a fight that will be
tion while participating in programs
fought again.
51763-6
February 27, 1990
CONGRESSIONAL RECORD-SENATE
S1763
288e(a). and 2881(a) (1988). the Senate may
shall prohibit such organization from ac-
(12) Passaic River Main Stem. New Jersey
direct its Counsel to appear as amicus curiae
cepting a prospective participant for such-
and New York. The project for flood con-
in the name of the Senate in any legal
position who is already participating on a
trol, Passaic River Main Stem, New Jersey
action in which the powers and responsibil-
regular basis in other activities of the
and New York: Report of the Chief of Engi-
Ities of Congress under the Constitution are
church or other religious entity."
neers. dated February 3. 1989, except that
placed in Issue: Now, therefore be it
the main diversion tunnel shall be extended
Resolved, That the Senate Legal Counsel
DOMENICI (AND KASTEN)
to outlet in Newark Bay, New Jersey, at a
is directed to appear as amicus curiae in the
AMENDMENT NO. 1263
total cost of $1,200,000,000. with an estimat-
name of the Senate in Metro Broadcasting,
ed first Federal cost of $890,000,000. and an
Inc. V. Federal Communications Commis-
Mr. DOMENICI (for himself and
estimated first non-Federal cost of
sion, et al. in support of the constitutional-
Mr. KASTEN) proposed an amendment
$310,000,000. The Secretary shall design and
ity of provisions of the Departments of
to the bill S. 1430, supra, as follows:
construct the project in accordance with the
Commerce, Justice, and State, the Judici-
ary, and Related Agencies Appropriations
On page 19, line 18 strike "and".
Newark Bay tunnel outlet alternative de-
Act. 1990 Pub. L. No. 101-162, 103 Stat. 988,
On page 19, between lines 18 and 19,
scribed in the Phase I General Design
insert the following:
Memorandum of the District Engineer
1020. and related measures that the Con-
(L) disclose whether the program plans in-
dated December 1987. The total project. in-
gress has enacted to promote the expansion
clude preventing and treating school-age
cluding the extension to Newark Bay, shall
of minority and women ownership of broad-
drug and alcohol abuse and dependency;
be cost shared in accordance with the provi-
casting licenses.
and
sions of section 103 of Pub. L. 99-662.
On page 19, line 19, strike "(L)" and insert
AMENDMENTS SUBMITTED
(M).
On page 35, line 5. after "facilities," insert
NATIONAL AND COMMUNITY
"activities that focus on drug and alcohol
SERVICE ACT
NATIONAL AND COMMUNITY
abuse education, prevention and treat-
SERVICE ACT
ment,".
S.1430
On page 53, line 4, strike "and".
HATCH AMENDMENT NO. 1266
On page 53, after the semicolon, insert
"and".
Mr. HATCH proposed an amend-
ARMSTRONG (AND OTHERS)
On page 53, between lines 9 and 10, insert
ment to the bill S. 1430, supra, as fol-
AMENDMENT NO. 1262
the following:
lows:
Mr. ARMSTRONG (for himself, Mr.
(C) service in programs engaged in the
In section 241, strike out "to individuals
BOSCHWITZ, Mr. COATS, Mr. GORTON,
education, prevention, and treatment of
who are new borrowers on that date".
Mr. GRAMM, Mr. LOTT, Mr. MACK, Mr.
drug and alcohol abuse, including care pro-
In section 251, strike out "to individuals
grams for cocaine addicted babies;
McCONNELL) proposed an amendment
who are new borrowers on that date".
to the bill (S. 1430) to enhance nation-
At the appropriate place, insert the fol-
al and community service, and for
CONRAD AMENDMENT NO. 1264
lowing new sections:
other purposes, as follows:
Mr. KENNEDY (for Mr. CONRAD)
SEC. .GRAND CIRCLE ADVENTURE PASS.
On page 8. line 2, after the word "needs"
proposed an amendment to the bill S.
Section 4(a)(1)(B) of the Land and Water
insert the following: ", including, but not
1430, supra, as follows:
Conservation Fund Act of 1965 (16 U.S.C.
4601-6a(a)(1)(B)) is amended by adding at
limited to, churches and other religious en-
On page 26, line after line 19, add the fol-
tities":
the end thereof the following new sentence:
lowing new section:
On page 8, line 9, after the words "second-
"The Secretary shall make such a permit
SEC. 117. TREATMENT OF INDIAN TRIBES.
(to be known as the Grand Circle Adventure
ary school" insert the following: ". includ-
An Indian tribe shall be treated the same
ing. but not limited to, private sectarian and
Passport) available for admission, for a
nonsectarian schools":
as a State for purposes of making grants
period of at least 7 days, to the group of
under this subtitle.
On page 10. line 6, after the words "public
Arches National Park, Bryce Canyon Na-
or private agencies" insert the following:
On page 27, between lines 20 and 21,
tional Park, Canyonlands National Park.
including. but not limited to, churches and
insert the following new paragraph:
Capitol Reef National Park, Zion National
(3) INDIAN TRIBES.-An Indian tribe shall
other religious entities";
Park, Mesa Verde National Park, and Grand
On page 36. line 3 strike "any. religious
be treated the same as a State for purposes
Canyon National Park (north rim). includ-
function" and insert in lieu thereof. "the
of making grants under this subtitle.
ing admission to all monuments in those
use of funds provided under this title by
On page 52. between lines 9 and 10, insert
parks.".
program participants and program staff to
the following new subsection:
SEC.
EMERGENCY MEDICAL SERVICES FOR
give religious instruction, conduct worship
(h) INDIAN TRIBES.-An Indian tribe shall
CHILDREN.
services, or engage in any form of proselyt-
be treated the same as a State for purposes
Section 1910(a) of the Public Health Serv-
sization".
of making grants under this subtitle.
ice Act (42 U.S.C. 300w-9(a)) is amended in
On page 69, line 7. strike the semicolon
On page 66, between lines 2 and 3. insert
the first sentence-
and insert in lieu thereof the following: ".
the following new subsection:
(1) by striking out "not more than four":
but nothing in this Act shall be construed to
(d) INDIAN TRIBES.-An Indian tribe shall
(2) by striking out "in any fiscal year":
prevent any church or other religious entity
be treated the same as a State for purposes
and
from-
of making grants under this subtitle.
(3) by striking out "in such States".
(A) displaying religious symbols or decora-
SEC
PHYSICIAN'S COMPARABILITY ALLOW.
tions:
WATER RESOURCES
ANCE
(B) allowing persons to pray voluntarily.
DEVELOPMENT ACT
The positions of the Assistant Sécretary
whether silently or vocally:
for Health, the Deputy Assistant Secretary
(C) allowing persons to sing religious
for Health, the heads of the Public Health
hymns: or
(D) affirming or promoting any moral
LAUTENBERG (AND BRADLEY)
Services agencies, and other positions that
are compensated under subchapter II of
tenet that may be based on religious pre-
AMENDMENT NO. 1265
chapter 53, of title 5, United States Code, re-
cepts;".
(Ordered referred to the Committee
lating to the Executive Schedule, when em-
On page 70. line 6. after the word "affili-
on Environment and Public Works.)
ployed as physicians shall be defined as
ation" insert the following: except that a
Mr. LAUTENBERG (for himself and
"government physicians" for purposes of
church or other religious entity may require
Mr. BRADLEY) submitted an amend-
eligibility for physicians comparability al-
that participants adhere to the religious
lowance as defined in section 5948 of title 5.
tenents and teachings of such organization
ment intended to be proposed by them
United States Code.
and further. such organization may require
to the bill (S. 2183) to provide for the
that participants adhere to rules forbidding
conservation and development of
the use of drugs or alcohol".
water and related resources, to author-
McCAIN (AND OTHERS)
On page 70. line 7. redesignate subsection
ize U.S. Army Corps of Engineers civil
AMENDMENT NO. 1267
(c) as subsection (d) and insert after subsec-
works program to construct various
Mr. McCAIN (for himself, Mr.
tion (b) the following new subsection:
"(c) QUALIFIED APPLICANTS.-If two or
projects for improvements to the Na-
GORTON, Mr. LOTT, Mr. MACK, Mr.
more prospective participants are qualified
tion's infrastructure, and for other
COATS. Mr. BOSCHWITZ, Mr. McCoN-
for any position with a church or other rell-
purposes, as follows:
NELL, Mr. ARMSTRONG, and Mr. GRAMM)
gious entity that is funded under part A of
Paragraph (12) of section 101 is amended
proposed an amendment to the bill S.
title I or titles II or III. nothing in this Act
to read as follows:
1430, supra, as follows:
S1764
CONGRESSIONAL RECORD - SENATE
February 27, 1990
At the end of subtitle F of title I add the
participants adhere to rules forbidding the
COMMITTEE ON VETERANS' AFFAIRS
following new section:
use of drugs or alcohol".
Mr. FOWLER. Mr. President, the
SEC. 182. LIMITATIONS ON PAYMENTS.
On page 70, line 7. redesignate subsection
Committee on Veterans' Affairs would
(a) IN GENERAL-(1) No participant or
(c) as subsection (d) and insert after subsec-
former participant in a program under this
-tion (b) the following new subsection:
like to request unanimous consent to
title may be paid benefits under this title, in
"(c) QUALIFIED APPLICANTS.-I two-
hold a joint hearing with the House
the form of educational and training bene-
more prospective participants are qualified
Veterans' Affairs Committee to hear a
Tits or in voucher form, or both, -in any
for any position with a church or other rell-'
legislative presentation by the Dis-
amount that would exceed the amount of
gious entity that is funded under part A of
abled American Veterans on Tuesday,
educational assistance benefits paid to a
title I or titles II or III, nothing in this Act
February 27, 1990, at 9:30 a.m. in SH-
person under chapter 30 of title 38, United
shall prohibit such organization from ac-
216.
States Code, or under chapter 106 of title
cepting a prospective participant for such
The PRESIDING OFFICER. With-
10. United States Code, as determined by
position who is already participating on a
out objection, it is so ordered.
the Secretary of Defense in consultation
regular basis in other activities of the
with the Chairperson of the Board of Direc-
church or other religious entity.".
COMMITTEE ON FINANCE
tors of the Foundation.
Mr. FOWLER. Mr. President. I ask
(b) LIMITATIONS ON USES or BENEFITS.-
unanimous consent that the Commit-
Notwithstanding any other provision of this
NOTICES OF HEARINGS
tee on Finance be authorized to meet
Act, vouchers provided under section 146
during the session of the Senate on
may be used for the purposes set forth in
COMMITTEE ON SMALL BUSINESS
February 27, 1990, at 9:30 a.m. to hold
clauses (A) or (B) of subsection (d)(1) of
Mr. BUMPERS. Mr. President,
I
the third in a series of hearings on a
that section only if educational assistance
would like to announce that the Small
payments made under chapter 30 of title 38.
proposal to reduce Social, Security
Business Committee will hold a full
United States Code, and under chapter 106
taxes.
committee hearing on the President's
of title 10, United States Code, are permit-
The PRESIDING OFFICER. With-
ted to be used for the same purposes.
proposed budget for the Small Busi-
out objection it is so ordered.
ness Administration and on the reau-
thorization of the agency's programs.
COMMITTEE ON ARMED SERVICES
ARMSTRONG (AND OTHERS)
The hearing will be held on Wednes-
Mr. FOWLER. Mr. President, I ask
AMENDMENT NO. 1268
day, March 7, 1990, at 2 p.m., in room
unanimous consent that the Commit-
428A of the Russell Senate Office
tee on Armed Services be authorized
Mr. ARMSTRONG (for himself, Mr.
BOSCHWITZ, Mr. COATS, Mr. GORTON,
Building For further information,
to meet in open session on Tuesday,
Mr. GRAMM, Mr. LOTT, Mr. MACK, Mr.
please call John Ball, staff director of
February 27, 1990, at 2 p.m. to receive
McCONNELL, Mr. KASTEN, and Mr.
the committee at 224-5175.
testimony on the amended Defense
HATCH) proposed an amendment to
authorization request for fiscal year
1991 and on the fiscal years 1991-95 5-
amendment No. 1262 proposed by Mr.
ARMSTRONG (and others) to the bill S.
AUTHORITY FOR COMMITTEES
year defense plan
TO MEET
The PRESIDING OFFICER. With-
1430, supra, as follows:
out objection, it isso ordered.
In lieu of the matter proposed in Amend-
COMMITTEE ONLABOR AND HUMAN RESOURCES
ment 1262:
COMMITTEE ON FOREIGN RELATIONS
On page 8, line 2. after the word "needs"
Mr. FOWLER. Mr. President, I ask
Mr. FOWLER. Mr. President, I ask
Insert the following: ", including, but not
unanimous consent that the Commit-
unanimous consent that the Commit-
limited to, churches and other religious en-
tee on Labor and Human Resources be
tee on Foreign Relations be authorized
tities";
authorized to meet during the session
to meet during the session of the
On page 8, line 9, after the words "second-
of the Senate on Tuesday, February
Senate on Tuesday, February 27, at 11
ary school" insert the following: ", includ-
27, 1990, at 9 a.m. for a hearing on the
Ing. but not limited to, private sectarian and
a.m. to hold a nomination hearing on
Civil Rights Act of 1990.
nonsectarian schools";
Ronald Roskens to be Administrator
The PRESIDING OFFICER. With-
On page 10. line 6, after the words public
of the Agency for International Devel-
or private agencies" insert the following: ".
out objection, it is SO ordered.
opment.
including, but not limited to, churches and
SUBCOMMITTEE OF MOD REHAB/HUD
The PRESIDING OFFICER. With-
other religious entities";
INVESTIGATIONS
out objection, it is so ordered.
On page 36, line 3 strike "any religious
Mr. FOWLER. Mr. President, I ask
function" and insert in lieu thereof. "the
unanimous consent that the MOD
use of funds provided under this title by
program participants and program staff to
Rehab/HUD Investigation Subcom-
ADDITIONAL STATEMENTS
give religious instruction, conduct worship
mittee of the Committee on Banking,
services, or engage in any form of prosely-
Housing, and Urban Affairs be allowed
tization".
to meet during the session of the
MUDDLED THINKING ON TRANS-
On page 69, line 7. strike the semicolon
Senate, Tuesday, February 27, 1990, at
PORTATION TRUST FUNDS
and insert in lieu thereof the following:
10 a.m. and continuing at 2:30 p.m. to
but nothing in this Act shall be construed to
Mr. LAUTENBERG. Mr. President,
hold hearings on the anatomy of a
prevent any church or other religious entity
there is an awful lot of confusion
deal.
from-
about thetransportation-related trust
(A) displaying religious symbols or decora-
The PRESIDING OFFICER. With-
funds. Some believe that the Govern-
tions:-
out objection, it is so ordered.
ment is hoarding surpluses in these
(B) allowing persons to pray voluntarily,
COMMITTEE ON THE JUDICIARY
funds in order to make the deficit look
whether silently or vocally;
Mr. FOWLER. Mr. President, I ask
smaller. Others believe that changing
(C) allowing persons to sing religious
hymns: or
unanimors consent that the Commit-
the budget treatment of the trust
(D) affirming or promoting any moral
tee on the Judiciary be authorized to
funds would somehow necessarily in-
tenet that may be based on religious pre-
meet during the session of the Senate
crease spending for transportation.
cepts;".
on February 27, 1990, at 2 p.m., to
Both views are simply wrong.
So long as no funds provided under this Act
hold a hearing on the nomination of
The New York Times recently pub-
are used by program participants and pro-
Harry F. Manbeck, Jr., to be Commis-
lished an editorial that helps explain
gram staff for such activities and so long as
sioner of Patents and Trademarks;
some of the issues surrounding the
these activities are conducted in a manner
Douglas B. Comer, to be Deputy Com-
aviation trust fund. I hope my col-
consistent with the Constitution.
missioner of Patents and Trademarks:
leagues will read it. As the Times un-
On page 70. line 6, after the word "affili-
Rhesa H. Barksdale, to be U.S. circuit
derstands. the so-called surplus the
ation" insert the following: ". except that
nothing in this Act shall prohibit a church
judge for the fifth circuit; Robert H.
avistion trust fund is illusory. In fact.
or other religious entity from requiring that
Hodges, to be a Judge of the U.S.
the Government already spends much
participants adhere to the religious tenets
Claims Court.
more on aviation than the trust fund
and teachings of such organization and fur-
The PRESIDING OFFICER. With-
takes in. So, and I quote the New York
ther, such organization may require that
out objection, it is so ordered.
Times, "contrary to popular belief. the