[Congressional Record Volume 143, Number 97 (Thursday, July 10, 1997)]
[House]
[Pages H5031-H5040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
APPOINTMENT OF CONFEREES ON H.R. 2015, BALANCED BUDGET ACT OF 1997
Mr. KASICH. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 2015) to provide for reconciliation
pursuant to subsections (b)(1) and (c) of section 105 of the concurrent
resolution on the budget for fiscal year 1998, with a Senate amendment
thereto, disagree to the Senate amendment, and agree to the conference
asked by the Senate.
The SPEAKER pro tempore (Mr. Gillmor). Is there objection to the
request of the gentleman from Ohio?
There was no objection.
Motion To Instruct Offered by Mr. Spratt
Mr. SPRATT. Mr. Speaker, I offer a preferential motion.
The Clerk read as follows:
Mr. Spratt moves that the managers on the part of the House
at the conference on the disagreeing votes of the two Houses
on the Senate amendment to the bill H.R. 2015 be instructed
as follows:
(1) On the matters pertaining to increasing the age of
eligibility for medicare, reject the provisions contained in
section 5611 of the Senate amendment.
(2) On the matters pertaining to the minimum wage, worker
protections, and civil rights--
(A) insist on paragraphs (2) and (3), and reject the
remainder, of section 417(f) of the Social Security Act, as
amended by sections 5006 and 9006 of the bill, as passed the
House, and
(B) reject the provisions contained in sections 5004 and
9004 of the bill, as passed the House.
The SPEAKER pro tempore. The gentleman from South Carolina [Mr.
Spratt] is recognized for 30 minutes in support of his motion and the
gentleman from Ohio [Mr. Kasich] is recognized for 30 minutes.
The Chair recognizes the gentleman from South Carolina [Mr. Spratt].
Mr. SPRATT. Mr. Speaker, I yield myself such time as I may consume.
Briefly, as a matter of introduction to what this motion to instruct
pertains, it is a double-barrel motion. On the one hand we say the
Senate provisions that would raise the age of eligibility for Medicare
from 65 to 67 were not part of our bipartisan budget agreement, were
not essential to achieving the objectives we set for ourselves. Indeed
we were able to do the $115 billion in Medicare cost reduction over a
5-year period of time with substantial consensus.
This particular portion of the bill was reported by the Committee on
Ways and Means with a near unanimity, with as close to consensus as we
can get in this House. It was unnecessary to do it and, furthermore, it
raises more questions than it answers: What will this coverage cost for
people from 65 to 67; will it be available; how much lead time should
we give people to get ready for this unexpected adjustment?
So we would instruct the conferees to reject those Senate provisions.
Second, the House and the Senate both added other provisions outside
the budget agreement unnecessary to it that would deny the basic
protections of one of the fundamental laws of the land, the Federal
Fair Labor Standards Act, to individuals coming off TANF, coming out of
welfare into workfare, or participating in the welfare to work program.
We think that is unwarranted and unnecessary, and we would say to the
conferees excise, take out, those provisions as well and reject them as
part of this bipartisan agreement so it can truly be called a
bipartisan agreement.
Mr. Speaker, I reserve the balance of my time.
Mr. KASICH. Mr. Speaker, I yield myself such time as I may consume.
First of all, these motions to instruct are kind of gimmicky, to be
truthful. They are just designed for somebody to come to the House
floor, lay out difficult positions that are hard to win in a debate
and, basically, they do not have the force of law.
Now, let me just speak to the three of them. First of all, the first
one is we should not raise the age of eligibility for Medicare
recipients from 65 to 67.
{time} 1115
In the House bill we did not do that. We said it ought to be 65. But
let me make it clear to everybody who is in this Chamber, that if they
think that when their children must be put into the workplace to work
day and night to pay for our benefits, and they think that there is not
a fundamental restructuring of the system in need, then are we doing
injustice to the young people of this country.
The fact is, in Medicare and Social Security and in Medicaid, we are
going to find ourselves in a position where the number of young people
will be few in number and the number of people getting benefits, which
will be us, are going to be great in number.
Mr. Speaker, our young children in this country deserve a chance, the
same kind of chance our parents gave to us, and we know that there must
be fundamental structural changes in the major entitlement programs
because these programs are not sustainable. We put our children in a
position that is untenable and unconscionable if we are not willing to
meet the challenge of the baby boomer retirement and what it does to
our children.
Now, I am not so sure that this House is capable, along with the
Senate, of designing the real solutions that are going to be necessary,
the structural changes that are going to be necessary in the area of
Social Security, in the area of Medicare and in the area of Medicaid.
I will say this: I think this House has taken a large step forward in
terms of designing changes in Medicare that are structural in nature,
that are positive, that move us in the right direction. But I would
hope that this House will reject in the future the rhetoric of 1995,
where some of my colleagues on the other side of the aisle said that we
were trying to damage the senior citizens in this country by our
Medicare reforms, and they are the Medicare reforms that they are today
accepting.
So for those people who want to stand and demagogue and scare the
elderly, scare the children, we are going to stand against you, just
like we did in 1995 and just like we did in 1996, and finally had you
support our program on a bipartisan basis.
Now in the area of worker protection, the gentleman from Florida [Mr.
Shaw] had a comment on that. In the area of worker protection, let me
just make one other statement here to my colleagues on the other side.
And I have some friends on the other side who understand my heart, and
there are friends I have on the other side who risked a lot for things
they believed in.
The bottom line on this is, the House is not prepared to move to
changing the retirement date on Medicare this week, but we sure as heck
better open our mind and open our heart to what we are going to need to
do long-term for the future of the next generation. And we will not be
stopped by demagoguery because the young people in this country will
not permit the politicians in this House, who are going to be the
beneficiaries of all the benefits, the young people are not going to
stand for it; and there are going to be many of us who get the benefits
who are not going to permit you to demagogue this on your own and be
able to win the day.
In the area of worker protections, the third recommendation that my
friend from South Carolina [Mr. Spratt] recommends, which is that we do
not prohibit or we do not discriminate in the area of sex or health or
safety for our people who go to work, who are on welfare, the House
intends to stand behind
[[Page H5032]]
that position. We do not support discrimination in any form. We sign up
to that.
In the other area regarding these workfare nonemployees, we obviously
do not want to deny them their rights under antidiscrimination. But let
me just suggest to all of my colleagues that we do not believe that all
of the provisions like unemployment compensation ought to apply to
workers who are on welfare, who are out there working to pay for the
benefits they get from people who go to work every day.
Now we have had a struggle trying to define exactly how all these
welfare workers should be treated, and I think we have made substantial
progress in this House by guaranteeing that there would not be
discrimination, that these workers would be in a safe environment, and
the House intends to pursue that position in conference. At the end of
the day I believe that we will guarantee the civil and human rights of
every American. We are going to stand behind that.
So I am recommending to my side that we will accept the motion to
instruct, but what I am troubled about is this idea that we should
reject even the discussions about structural changes as they apply to
the next generation.
Mr. STARK. Mr. Speaker, would the gentleman yield?
Mr. KASICH. I yield to the gentleman from California.
Mr. STARK. Mr. Speaker, I thank the distinguished chairman for
yielding, and I want to agree with him, particularly as to the Medicare
part. We are supporting the House position, and we have, and it has
been a bipartisan exercise and has not been demagogued. I will talk
more about it later.
And I agree that the long range program is what has not been
addressed by either side, to our shame. We are getting to that. But for
now, we have the high ground in the House and I am happy it hear that
he is going to, because basically all we are asking is that we stick to
the House position.
Mr. KASICH. Reclaiming my time, furthermore I want to compliment my
friend from California for his work in the health subcommittee with the
gentleman from California [Mr. Thomas], the chairman, to try to fashion
a bipartisan first step in Medicare. Maybe I should explain to the
gentleman that he is very well aware of the beating that we took for
our Medicare reforms which are now working their way into law.
Mr. STARK. If the gentleman would continue to yield, I think it was
25 short. But other than that, I am aware of it.
Mr. KASICH. But let me just suggest, though, that I am very pleased
to hear the gentleman say that he recognizes that there is a next step.
Because if we walk away from this problem of the baby boomers retiring,
as the gentleman knows, we are not going to survive in America as we
have known it.
I would like to say to the gentleman, and to the gentleman from South
Carolina [Mr. Spratt] and my friend from the State of Washington, that
the Committee on the Budget intends to pursue a very aggressive
examination of this big wave, the tidal wave that is coming. I expect
to have Democrats participate in the settings that we create, the
witnesses that we call in. Because the only way we are going to be able
to deal with all this is to deal together, without having people
standing in the well yelling and screaming and trying to scare the
elderly in our country.
So we are going to vote for this motion to instruct, but I am very
sensitive about the idea that we want to let people know everything is
done, taken care of.
Mr. Speaker, I yield 3 minutes to the gentleman from California [Mr.
Thomas].
Mr. THOMAS. Mr. Speaker, I thank the gentleman for yielding.
The chairman of the Committee on the Budget is absolutely correct,
this is frankly a theater. I am a little disappointed that the minority
did not go after some really important stuff to try to protect in terms
of a motion to instruct. Actually we do not need all the verbiage that
is on the page.
The motion to instruct can be put in basically four words, that is,
support the House positions. Now let us look at the irony. We are
wasting time on the floor of the House of Representatives in talking
about a motion to instruct which says ``support the House positions.''
I am here to tell my colleagues as chairman of the Subcommittee on
Health, I did not work all those long hours to produce a 13 to zero
vote, a unanimous support position in the Subcommittee on Health of the
Committee on Ways and Means, to run over to the Senate and fold. I did
not work hard to maintain the subcommittee's position on a 36 to 3 vote
in the full Committee on Ways and Means to simply collapse in the face
of the Senate. I do think it would be appropriate, since the Senate
apparently feels fairly strongly on this issue, having voted on the
floor of the Senate by better than two to one to include this, that we
probably ought to listen to their arguments.
The gentleman from Ohio [Mr. Kasich], the chairman of the Committee
on the Budget, I think makes the cogent point, we are going to have to
engage. Is this the appropriate time? Is this the appropriate arena?
Probably not.
But my colleagues should watch because this motion to instruct should
be a voice vote. There is no reason whatsoever to have a recorded vote
on a position ``support the House positions.'' So if the Democrats call
for a recorded vote, it is a feeble opportunity on their part to try to
catch someone who believes that we should not engage in these kinds of
tactics so that a campaign position, if there is a recorded vote and
they do not support this position, for them to put out a statement that
the person who did not vote for this is in favor of increasing
eligibility for Medicare from 65 to 67, shame on them.
Can they not come up with a real issue so that we can have a real
discussion on substance, instead of putting together a package which is
``support the House positions.'' The answer is, you bet we are going to
support the House position. My challenge to them is to let it go on a
voice vote and do not record the vote.
Mr. FAZIO of California. Mr. Speaker, would the gentleman yield?
Mr. THOMAS. I yield to the gentleman from California.
Mr. FAZIO of California. Mr. Speaker, I wonder why the gentleman is
concerned about a recorded vote on something everyone has just agreed
to.
Mr. THOMAS. Reclaiming my time, all I am saying is if the gentleman
did not understand the point, let us see whether or not there is a
recorded vote.
Mr. SPRATT. Mr. Speaker, I yield myself such time as I may consume.
Let me simply say there is nothing unreal, nothing gimmicky about the
age eligibility for Medicare. It is a vital issue for millions of
Americans. And there is nothing gimmicky, either, about whether or not
those coming off welfare into the work force will have the protection
of the Federal Fair Labor Standards Act which has been the fundamental
law of the land for the better part of this century.
Mr. Speaker I yield 2 minutes to the gentleman from New Jersey [Mr.
Pallone].
Mr. PALLONE. Mr. Speaker, I just wanted to agree with the gentleman
from South Carolina [Mr. Spratt]. I do not understand how the other
side can say that we are wasting time or this is gimmickry. If they
really believe that the age eligibility should not be raised from 65 to
67, let us vote on it.
We know that the other body has specifically said in their bill that
they want to raise the age. American people, our seniors, are very
concerned about that. We need to take a position on this. I have to say
that I find it abhorrent that the Congress would even consider raising
age eligibility for Medicare. At a time when we are trying to find
solutions concerning our uninsured populations, raising the age
eligibility to age 67 will only exacerbate the problem.
There are 4.5 million people between age 50 and 64 that are among the
uninsured, for various reasons, and these numbers are growing every
day. Some of these seniors lack access to employer-sponsored health
benefits, while others are unable to afford expensive premiums and
cost-sharing requirements.
Now we are telling them that they have to wait even longer before
they become eligible for Medicare. We would be breaking our commitment
to America's seniors by raising the age eligibility. It is not needed
to balance the
[[Page H5033]]
budget, nor is it necessary to maintain Medicare short-term solvency.
Some may argue that Social Security is already raising its age
eligibility and that raising Medicare's would be consistent. But I
would remind my colleagues that in Social Security seniors have the
option to retire early and receive some of their benefits, while no
similar option exists for Medicare.
Raising the age eligibility has had little discussion, no
congressional hearings. I personally see the increase in age
eligibility as a back-door approach to letting Medicare wither on the
vine. That is a phrase that the Speaker, the gentleman from Georgia
[Mr. Gingrich] has often used; and I strongly oppose that its inclusion
be a part of any final budget package. I strongly urge my colleagues to
support this motion to instruct.
{time} 1130
Mr. SPRATT. Mr. Speaker, I yield 1 minute to the gentleman from
California [Mr. Fazio].
Mr. FAZIO of California. Mr. Speaker, far from wasting our time on
the floor today, we have accomplished seemingly two major improvements
in a bill that is seriously flawed in many ways.
I hear the gentleman from Ohio [Mr. Kasich] and the gentleman from
California [Mr. Thomas] saying that they are going to support this
motion. I hope that means that when we go to conference on this package
of spending cuts, we will not entertain the increase in the age to be
eligible for Medicare to the age of 67. It is very clear that in this
country we have a major problem with many people in their fifties who
have been downsized, let out of their job, where their health benefits
were real and decent, and suffer because there is no bridge to
retirement. We only make the gap broader for those people if they are
not given at least the age of 65 to look forward to.
In addition, Mr. Speaker, it is unconscionable to say that people who
are transitioning from welfare to work will not be covered by the same
statutes that protect workers. To have a sexual harassment claim not to
be viable, not to be of legal standing simply because someone is
transitioning from welfare is unbelievable. I am very pleased the
Republicans have agreed.
Mr. KASICH. Mr. Speaker, I yield 1 minute to the gentleman from
California [Mr. Thomas].
Mr. THOMAS. The gentleman has argued the points. None of the points
that the gentleman has argued are in the House package, so I guess the
concern of the gentleman is that this conferee and other House
conferees, having gone through the legislative process on this side,
not putting any of that material in the bill would now somehow think
that it makes sense. Is that the concern of the gentleman from
California?
Mr. FAZIO of California. Mr. Speaker, will the gentleman yield?
Mr. THOMAS. I yield to the gentleman from California.
Mr. FAZIO of California. I am particularly concerned about the
version of this bill that will work a hardship on people coming off
welfare into work.
Mr. THOMAS. Mr. Speaker, reclaiming my time, is he concerned about
the conferees not holding the House position? Is that his concern?
Mr. FAZIO of California. I am concerned that this conference is going
to engage in some fundamental changes not only in the Medicare law----
Mr. THOMAS. The question is, and I'll reclaim my time. If the
gentleman wants to answer it, I'll give him another chance. If he
chooses not to, that is fine. The question is, does the gentleman have
confidence in the House conferees upholding the House position? Yes or
no.
Mr. FAZIO of California. I am certainly hopeful that if we all vote
to make sure that these onerous provisions are not included in the
conference, that we will follow the position when we get to conference.
Point of Order
Mr. WAXMAN. Point of order, Mr. Speaker.
The SPEAKER pro tempore (Mr. Gillmor). The gentleman will state his
point.
Mr. WAXMAN. Mr. Speaker, I cannot understand how a gentleman can ask
another gentleman a question and not give him a moment to answer it.
The SPEAKER pro tempore. The gentleman has not stated a point of
order.
Mr. KASICH. Mr. Speaker, how much time is left on both sides?
The SPEAKER pro tempore. The gentleman from Ohio [Mr. Kasich] has
17\1/2\ minutes remaining. The gentleman from South Carolina [Mr.
Spratt] has 25 minutes remaining.
Mr. SPRATT. Mr. Speaker, I yield 1 minute to the gentlewoman from
Connecticut [Ms. DeLauro].
Ms. DeLAURO. Mr. Speaker, the fact is that we are not wasting time at
all. There is a serious threat to seniors' health care in this country.
There is a health care crisis in our country. Too many Americans do not
have access to quality health care that they need.
Quite honestly, Democrats have fought to expand coverage for 10
million American children who do not have health care coverage. Yet
Republicans backed away from their promise to insure just half of these
children.
Now with the specter of moving the age limit from 65 to 67 for
seniors with regard to Medicare, we are looking at no coverage of
people zero to 67 in this country. We are moving backward in terms of
providing health care for people in this country. Instead of trying to
find ways to make sure that seniors have security of health care
coverage in their retirement, it would appear that the Government is
backing away from that promise that they would be there for them at age
65.
Seniors have worked hard all of their lives, they paid their dues,
they planned their retirement with the knowledge that they would be
able to depend on Medicare when they turned 65 years of age to help to
pay their medical bills.
Let us vote on the motion to instruct. Let us work to help expand
health care coverage for seniors.
Mr. SPRATT. Mr. Speaker, I yield 11 minutes to the gentleman from
California [Mr. Stark] and ask unanimous consent that he be allowed to
yield portions of that time to other Members.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
There was no objection.
Mr. STARK. Mr. Speaker, I thank the distinguished ranking member for
yielding me this time, and I yield myself 2\1/2\ minutes.
Mr. Speaker, insofar as the Medicare provisions in this bill are
concerned, it is a matter of record that we have had strong bipartisan
cooperation and agreement in the House. My remarks today are designed
to amplify the problems in the Senate bill and for whatever other
effect we may have is to give us a stronger hand in dealing with the
Senate in conference, which indeed has been a tradition of motions to
instruct for many years.
A vote by this House representing the strong feelings that we have in
support of our bill is an aid in negotiating and to show that we have
the support of the American people. The Senate has basically taken a
silk purse and turned it into a sow's ear. We find this morning a poll
of the Washington Post that says 64 percent of the people oppose
extending the wait for Medicare to age 67.
The AARP bulletin, which I now get, Mr. Speaker, says that the
Medicare measure takes the wrong turn. That is in relationship to the
Senate bill. The Senate also allows doctors to bill patients more, or
extra. It allows doctors to force patients to give up Medicare if they
want certain specialty care from these doctors. It cuts payments to the
Nation's safety net hospitals by 20 percent. It increases home health
care cost in the Nation's frailest and sickest by $760 a year.
I hope that the conference committee will stand firm and fix these
provisions, and I pledge to work with the gentleman from California
[Mr. Thomas] and the gentleman from Ohio [Mr. Kasich] to see that we do
prevail over the Senate, for these provisions will do harm to the
Medicare system. There are ways in which we can change Medicare and
make it more solvent. I would like to work with them. I believe that
raising the age limit without a plan to protect the people from 65 to
67 is the wrong way to go, and I think we can work to fix that in the
years ahead.
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. STARK. I yield to the gentleman from California.
Mr. THOMAS. I thank the gentleman for yielding. First of all, I want
to thank him for the cooperative effort in
[[Page H5034]]
producing this House product and we will continue to make sure that the
House product survives in conference. I will commit to the gentleman
that we will do everything we can to deliver the product.
It is just a shame that we wind up with a political charade. If it is
a voice vote, I understand the gentleman's and the others' concern. If
it is a recorded vote, it is clear that these are political
shenanigans.
Mr. STARK. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
California [Mr. Waxman].
Mr. WAXMAN. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, the House has passed a bill, the Senate has passed a
different bill. There will be a conference. The Republican leaders
today have said to us that when they go into conference, they are going
to try to hold the House position, but they are going to have to move
toward the Senate to get an agreement. The chairman of the Committee on
the Budget said we have got to be aware that structural changes are
going to come down the line at some point, and he is not for this
change this week.
The point is that we know what the House Republicans were for in
Medicare in the last Congress. They wanted structural changes that
would have ended the Medicare program as we know it and would have put
a lot of elderly people into the lowest priced HMO that would survive
profitably by denying them care.
I cannot understand why we are hearing that the gentleman from
California [Mr. Thomas] would object to a recorded vote. If he really
thinks it is a bad idea to change the age limit, he ought to be willing
to vote with us to reject that idea when they go into conference.
The Senate reconciliation bill contains a number of ill-conceived
provisions relating to Medicare. They increase the burdens on
beneficiaries with home health copayments. They have further balanced
billing beyond what now exists in the law. They have premiums increase
dramatically for higher income people in a very complicated and
unworkable way. If you combine the income testing of the premium along
with the MSA option, which is in the House bill, it raises the specter
of fragmenting the risk pool of the program. That sounds technical, but
the effect on moderate-income Medicare beneficiaries who are older and
sicker is not going to be some theoretical one. It will be real and it
will ultimately hurt many of them.
The issue before us and the focus is the Senate voted to change the
Medicare age from 65 to 67. We want to say ``no'' to that provision. It
is irresponsible. It is a proposal where there has been no examination
of the effects it will have or who it will hurt, and we know already we
have a problem with many people waiting for Medicare coverage who have
no health insurance coverage. Let us not widen this gap into which many
people will fall. We are talking about people who are often downsized,
which is the euphemism, out of jobs when they are older, but they are
not old enough for Medicare. They are not old enough for Social
Security. Under Social Security they at least can come in and get a
reduced benefit rather than go without any income. But if we say to
them, you have got to wait until you are 67 to get any health care
coverage and they happen to be sick, disabled but not disabled enough
to get covered as a disabled person, they are not going to find a
health insurance coverage insurer that will cover them because of
preexisting conditions. We must vote to reject the Senate provisions.
The Senate reconciliation bill contains a number of ill-conceived
provisions relating to Medicare. Burdens on beneficiaries are increased
with home health copayments, protections against balanced billing are
removed in some cases, and premiums are increased dramatically for
higher income people in a very complicated and unworkable way.
Combining income-testing the premium, along with the MSA option
included in both the House and Senate bills, raises the specter of
fragmenting the risk pool of the program. That sounds technical--but
the effect on moderate-income Medicare beneficiaries who are older and
sicker is not going to be some theoretical one--it will be real, and it
will ultimately hurt them.
But I want to focus particularly on the provision in the Senate bill
that raises the age of eligibility of Medicare from 65 to 67. This is a
change that is totally irresponsible. It is being proposed with no
examination of the effects it will have or who it will hurt.
It is flat out bad policy.
We already have a problem in this country with people who find
themselves out of the work force at a time when they are getting older,
but aren't yet eligible for Medicare. They face a truly terrible
situation: frequently they simply cannot find any sort of affordable
insurance coverage.
This problem is so serious that we have frequently recognized over
the last several years that something needs to be done to extend
medical benefits to this population.
Instead, this proposal goes in the opposite direction: It takes
people at the very time they are most likely to begin to face health
problems, at the very time that getting affordable private coverage is
most difficult--and we delay their eligibility for Medicare.
A lot of people out of the work force in their early sixties aren't
wealthy or healthy people: they are people in poorer health, or with
some disability not quite serious enough to qualify them as disabled,
or people that their employers have decided to downsize out and replace
with younger workers. This would add to their problems by delaying
their eligibility for health coverage.
Unlike Social Security, where people can at least elect a reduced
benefit if they need it before the age when full coverage begins--there
is no partial coverage for health benefits.
Medicare just won't be there.
This is a change that we should vigorously oppose. House conferees
should not accept it.
People who need Medicare, who can't wait 2 more years until they are
67, deserve the support of every Member of this House in opposing this
change.
Mr. KASICH. Mr. Speaker, I yield 2 minutes to the gentleman from
California [Mr. Thomas], chairman of the Subcommittee on Health and the
Environment of the Committee on Ways and Means.
Mr. THOMAS. I thank the gentleman for yielding me this time.
Mr. Speaker, I am really pleased that the gentleman from California
[Mr. Waxman] pretty well laid out the game plan here. He talked about
the structural changes that the Republicans made in the balanced budget
amendment in terms of Medicare changes. Most of those frankly are in
this bill. They were voted on unanimously in subcommittee. The point
that the gentleman was making on the structural age change from 65 to
67 was not in our program. It was not in the plan.
If you are going to offer a motion to instruct which is not theater,
the gentleman from California then went on to discuss the medical
savings account provision and a number of other provisions. If you want
a contest, you want to lock in positions that are important, that are
of substance, that should have been your motion to instruct. Something
of substance would have been worth this debate.
The gentleman says we should have a recorded vote on the motion to
instruct. The gentleman well knows the motion to instruct carries
exactly the same weight whether it is passed by a voice vote or by a
recorded vote. It is obvious in the debate that they want to make
points not included in the motion to instruct.
The motion to instruct is theater, and the recorded vote that will be
insisted on by my colleagues on the other side of the aisle is theater
as well. Welcome to the grand theater of the absurd.
Mr. STARK. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Ohio [Mr. Strickland].
Mr. STRICKLAND. Mr. Speaker, when the gentleman on the other side of
the aisle says what we are doing as we try to speak for our
constituents is a charade and that this is theater, I am reminded of
Shakespeare who says ``thou dost protest too much.''
We have got a responsibility in this Chamber to speak up for our
constituents and that is what we are going to do. We should be
expanding health care opportunities for the most vulnerable among us,
the old and the young, and not reducing those opportunities. How many
millions of our mothers and fathers, grandparents, aunts and uncles
will be without health insurance because of the Senate's action?
{time} 1145
For many Americans who work with their hands in grueling jobs, I am
talking about steel workers, carpenters, machinists, road builders, it
is simply
[[Page H5035]]
not physically possible for many of these workers to work beyond 65
years of age. We cannot afford to let them languish without health
insurance.
I think of my niece, Beverly, a mother who has four children and who
works as a pipefitter. Beverly cannot work beyond 65 years of age, I
think. I am worried about Beverly and all the other hard-working
Americans who could face the age of 65 and know that they have no
guarantee of health insurance. That is what we are talking about. That
is why it is important.
My colleague can call it absurd, my colleague can call it theater,
but it is important business that we are talking about today.
Mr. KASICH. Mr. Speaker, I yield myself 2\1/2\ minutes.
Let me just suggest that I do not have the Senate proposal in front
of me, but I believe that the people who would be the most affected by
the raise from 65 to 67 are us because it is phased in over a long
period of time.
Now I am just going to suggest that if we think that in order to help
the children we have to bankrupt mom, that is clearly, that view is
clearly held by somebody who does not know much about the current
system. At the same time, in order to help mom it does not mean we have
to bankrupt her adult son.
Now if we want to hear emotional appeals about the struggle that
people have as they become senior citizens, we have to be sensitive to
it. I think we got a good bill to do that. But to only take into
consideration us, the baby boomers who would be primarily affected by
this, and for me to say that I got to eat and that my children should
just go to work and work 80 hours a week to pay taxes to support me is
unconscionable.
The simple fact of the matter is this country must avoid a
generational war, and it is up to us to have the decency, it is up to
us to have the restraint, it is up to us to be the leaders that will
prevent a generational war in this country by putting the good of the
country first and not pitting one age group against another. And if it
is going to happen, we are going to go to war.
And I am going to tell my colleagues the young people in this country
are going to win that war, and we do not need to have it, we need to
avoid it. We have enough divisions in our country. We have enough anger
and enough hatred and enough prejudice in our country without us to be
creating it.
I believe it is possible in a sensitive way to be able to make the
structural changes in this country that will not bankrupt mom while at
the same time giving her adult children and grandchildren a chance, and
in order to give the adult children and the grandchildren a chance does
not mean that we got to dump it all out.
What has happened in our country is simple. The young people, working
young people with kids in this country have been put up against the
wall, and mom and dad will be the first ones to say we ought to restore
balance between the generations, and that is what Republicans and
Democrats ought to strive for.
Mr. Speaker, I yield 4 minutes to the distinguished gentleman from
Missouri [Mr. Talent].
Mr. TALENT. Mr. Speaker, I thank the gentleman for yielding this time
to me.
Mr. Speaker, I knew from the beginning of the session that there
would be a series of attempts through the back door, if my colleagues
will, to substantially revise, in fact to gut the work provisions in
the welfare bill that we passed last year on a bipartisan basis, and
that the President signed and that is working in the United States of
America and reducing welfare caseloads around the country, getting
people off dependency and to work. And there have been a series of
attempts to do that in committee, on the Senate floor, and now
unfortunately in this motion to instruct.
Now, Mr. Speaker, the motion to instruct contains, I think, a good
provision telling us that we should not, at this time anyway, increase
the retirement age for Medicare from 65 to 67. I support that, and I am
going to support the motion to instruct for that reason. But attached
to it is one of those back-door attacks on the work provisions in the
welfare bill.
The whole point of the work provisions that we passed last year was
to require work in exchange for welfare benefits and therefore to make
work attractive vis-a-vis welfare, so that we would encourage people to
get work skills and to get off welfare and into work, and it is
working. All around the country caseloads are going down, people are
going off of dependency into sufficiency, into self-sufficiency, and it
is working because we have decreased the attractiveness of welfare vis-
a-vis work.
Now there are many people in this House who will not oppose that
openly. They will all stand up and say ``We are for welfare reform.''
But then they introduce measures which would have the effect of gutting
that by in effect turning workfare into a vast expansion of the welfare
bureaucracy without changing any of the incentives that lead people to
dependency. That is the effect of the work provisions that were
attached to the Senate bill. Here is what they would do, in a nutshell:
Let us suppose somebody goes on community service. They have to work
under the new bill, they cannot get a job, so they go into community
service, they are doing some kind of paperwork job in a clerk's office;
OK.
If the Senate provision prevails, they will be getting at least a
minimum wage plus food stamps, plus Medicaid, plus housing, plus access
to 70 other Federal welfare programs; plus, if the Senate has its way,
the right to get the earned income tax credit, the right to file
worker's compensation. FICA taxes will be deducted. It will be some
kind of a super employee status, and they will be working right next to
somebody who is just getting that same minimum wage and is not getting
any of those other things, and the reason is they never went on
welfare.
So we will take a provision, the purpose of which was to make welfare
less attractive than work, and will turn it around and make it more
attractive than work, exactly the kind of welfare reform, quote,
unquote, that was attempted in the 1980's and did not work and will not
work now.
Mr. Speaker, we are helping for the first time poor people and their
children. We are getting them off of welfare checks and onto paychecks.
It is working. Let us not turn the clock back on that.
I am going to vote for the motion to instruct. I like the provision
on Medicare. I think my colleague is right. I think we ought to make a
statement to the Senate. Let us work together in conference on these
other provisions. The House has reasonable protections for people in
community service. We do require the payment of the minimum wage. We
have protections against sex discrimination. We have protections to
make sure they work in a safe environment. But let us not load up the
work requirements to the point that they are unaffordable to the State
and that they make actual work unattractive vis-a-vis welfare.
I hope I can work with my colleagues in achieving that in conference.
I think the motion to instruct in that respect is a step in the wrong
direction. I am going to support it anyway, but let us talk about it in
conference. Let us not gut the work provisions in a welfare bill that
is working so well.
Mr. STARK. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished
gentleman from Maryland [Mr. Cardin].
Mr. CARDIN. Mr. Speaker, I want to thank the gentleman from
California [Mr. Stark] for yielding me this time, and really thank the
gentleman from South Carolina [Mr. Spratt] and Mr. Stark for bringing
forward this motion to instruct our conferees to support the House
position.
I would like to talk primarily on the Medicare provisions because we
worked long and hard in this House to bring out a bipartisan bill on
Medicare. The other body, in raising the eligibility from 65 to 67,
have brought forward a major change in policy in Medicare without any
public hearings on this side, without really thinking out what that
policy would mean. We have provisions in our bill that set up a
commission to look at the long-term solvency of Medicare, but by
increasing the age from 65 to 67 we have not thought out how these
individuals are going to receive health benefits.
Are we expecting the employer-provided health benefits to cover? If
so, then we have one of the largest new mandates on the private sector
with no
[[Page H5036]]
idea how it is going to be funded. Do we expect our seniors 65 and 66
to pick up this cost, the extra five 5, 6, $7,000 a year? Can they
afford it recently retired? I doubt it. Do we expect our seniors to go
without any insurance coverage, to increase the number of uninsured?
These are questions that must be answered first before we increase
the eligibility age for Medicare.
I urge my colleagues to support this motion to make it clear to our
conferees to maintain the 65-year-old eligibility for Medicare. Let us
make sure that we protect the solvency of Medicare as we have in the
House provisions. I urge my colleagues to support the motion.
Mr. STARK. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Connecticut [Mrs. Kennelly].
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise to urge the Members
to support the motion to instruct the conferees to prevent us from
prematurely raising the age from 65 to 67 to qualify for Medicare.
Mr. Speaker, a few years ago a young President came to Washington,
DC. He wanted to make sure everybody had health care. We all know what
happened. We could not agree on a plan, and so we got no plan.
Last year we began again to move in that direction. The Kennedy-
Kassebaum, anyone with preexisting conditions could get health care.
This year all we talk about is how do we get more kids covered with
health care.
Now I look and see, what are we doing? We only have one area, one
group of people who have universal health care. When someone becomes
65, take a sigh of relief. They have got Medicare. Why on one hand are
we trying to cover more people and then, lo and behold, on the other
side saying, ``You that have it, we're going to take away, you're going
to have to wait 2 years longer.''
I think this is folly. The bill before us provides for a study. We
should wait for that study and not act prematurely.
Mr. STARK. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Ohio [Mr. Kucinich].
Mr. KUCINICH. Mr. Speaker, I rise in opposition to the Senate's
recent vote to raise Medicare's eligibility age from 65 to 67. Millions
of seniors know they are being pushed toward an early retirement. If
this provision were accepted today, 4 million seniors would no longer
be eligible for Medicare and 200,000 would have no insurance at all.
This ill-advised change will create gaps in health care coverage, gaps
which could be covered only by expensive private insurance, which would
further jeopardize seniors' retirement security or force seniors to
forgo needed health care. The number of uninsured seniors would soon
rise to almost 2 million.
Ultimately American families will be called upon to sacrifice the
health of their parents or grandparents. That is where the real
intragenerational financial challenge will be faced, in family budgets.
Such hasty changes in Medicare will reduce public confidence in a
program which has provided solid health care and security for tens of
millions of Americans. We should protect Medicare, not weaken it with a
proposal to increase the Medicare eligible age.
Mr. STARK. Mr. Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore (Mr. Gillmor). The gentleman from California
is recognized for 1 minute.
Mr. STARK. Mr. Speaker, I close by suggesting that I am pleased that
my colleagues will be supporting this motion to instruct on a
bipartisan basis. Send a strong message to the Senate about our
feelings.
But I want to warn my colleagues about the future. Any attempt to
make Medicare a two-income-level plan, indeed to make it a welfare
plan, could put the seniors in the same fate as second class Americans
that we will be debating in the next 10 or 20 minutes, because once we
allow any Medicare beneficiaries to become in any way suggested that
they are welfare beneficiaries, we will see by the attitude that this
House directs toward them what could be the sad fate of seniors.
{time} 1200
So think about it. We must keep Medicare as a broad program in which
all seniors participate, and as we change it, and we must do that, we
must make sure that it does not become a two-class program, because
Members will see the dangers in the future debate on this issue.
Mr. Speaker, I thank the distinguished chair of the Committee on the
Budget and the ranking member and the chairman of the subcommittee for
their courtesy.
Mr. SPRATT. Mr. Speaker, I ask unanimous consent to allocate 12
minutes, 6 minutes to the gentleman from Missouri [Mr. Clay] and 6
minutes to the gentleman from Michigan [Mr. Levin], and ask that they
be able to allocate and yield portions of their time to other Members.
The SPEAKER pro tempore (Mr. Gillmor). Is there objection to the
request of the gentleman from South Carolina?
There was no objection.
Mr. CLAY. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, I rise in support of this motion. The Republican
gentleman from California said that this motion is unnecessary because
it is supporting the House position. That is untrue. The House-passed
version of the budget reconciliation bill is destined to make second-
class citizens out of those going from welfare to work. It establishes
a class of workers who will be denied protections against age, sex, and
racial discrimination.
The welfare workers will in fact be doing the same jobs as that
performed by other workers. The House bill denies these workers the
enforcement and remedial protections of the Fair Labor Standards Act.
What have poor people done to deserve such cynical treatment by the
Republican majority?
The pending motion instructs the conferees to reject the outrageous
attack on people trying to escape the ravages of poverty and welfare.
It also instructs the conferees to recognize that workfare recipients
are worthy of the same dignity and equal protection afforded other
workers.
The motion instructs conferees to accept the House language
concerning sexual harassment and occupational health provisions. It
instructs them to reject the sham grievance procedure under which
victims of sexual harassment can only seek redress from the very
agencies that employ them. Mr. Speaker, this is contrary to what the
gentleman from Missouri on the other side said. It is a sham procedure.
There is no protection for them.
The House grievance procedure also fails to provide any means by
which welfare workers may effectively refuse to work in dangerous and
hazardous conditions. Under the House bill, these workers can be forced
to work in toxic waste sites.
Mr. Speaker, the pending motion is very simple: Preserve the promise
we have made regarding Medicare eligibility, protect workfare
participants like we protect other workers, and make sure these
protections are backed up by credible due process and effective
remedies for redress.
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman from California asked why we wanted a
recorded vote. The reason is because there are several parts of this
motion to instruct. One of them relates to Medicare and the age
parameters, but another part relates to whether people who move from
welfare to work should be treated as first-class citizens and should be
covered by FLSA.
When Members vote, whoever does, for this motion to instruct, they
are essentially saying, we reject the House position that takes people
who are moving from welfare to work out from under the minimum wage and
other protections of FLSA. That is what Members are doing when they
vote, if they do, for the motion to instruct.
We want everybody on record on this because it is very important.
Contrary to what the other gentleman from Missouri said, this is an
effort to implement the welfare bill. This is to make sure, as people
move from welfare to work, who are workers, that they be treated as
workers and not as second-class citizens.
The history of this is the following, quickly: The original Committee
on Ways and Means proposal in the House would exempt all of the people
who are under TANF from protection of minimum wage and other
protections,
[[Page H5037]]
health and safety and others, under the Fair Labor Standards Act. We
protested.
So then what was finally done was to say even if they would be
classified as employees, they would still not be considered as
protected under the Fair Labor Standards Act, but let us be sure they
have minimum wage and, unlike the original House Republican proposal,
we will not allow the State to deduct medical care, child care, or
housing assistance. But they still do not have the protections under
Federal law if they are not paid the minimum wage. They still do not
have protections against sexual harassment.
Let me just ask, as someone moves from welfare to work, as they
should, why should they not have protection against sexual harassment?
No, this is not a question of making welfare less attractive. This is
an issue of treating people who move from welfare to work as workers.
It is carrying out the basic premise of welfare reform, and that is the
dignity and integrity of work. That is what this is all about.
We won only part of this fight in the committee. We want to win the
rest of this fight today on the floor of the House in the motion to
instruct. Let there be no mistake about it, that is our purpose, to
implement welfare reform. The excuse was States would not be able to
implement the participation requirements if we put people under FLSA.
But Members put them, the majority, under some form of minimum wage,
which would be the main barrier to States, and everybody acknowledges
they are going to be able to meet these participation requirements in
the next several years.
Then the argument was, well, we are going to create bookwork. My
answer to that is, Mr. Speaker, I do not want to create unnecessary
bookwork, but I want to make sure that people who move from welfare to
work, which I very much favor, are treated, as is the promise of
welfare reform, as first-class citizens of the United States of
America.
Mr. Speaker, I urge support for the motion to instruct on this record
rollcall.
Mr. Speaker, I reserve the balance of my time.
Mr. HOBSON. Mr. Speaker, I yield 5 minutes to the gentleman from
Florida [Mr. Shaw].
Mr. SHAW. I thank the gentleman for yielding me this time, Mr.
Speaker.
Mr. Speaker, I guess we should start out the argument in this
particular phase of where we are today as ``been there, done that.'' As
a minority party, we have been there, we have done that. Now I think it
is a question of whether or not we are going to record a vote. Of
course we are going to record a vote. We have been there, we have done
that, too.
What do we do? We try to get this thing couched in a way that could
cause some embarrassment to the majority. We have been there, we have
done that. So let us get rid of the question of whether or not they are
acting unfairly, because we have been there and we have done that.
I would like to take a close look at the motion that is before us.
The first item talks about, oh, we are not going to raise the
retirement age as far as receiving Medicare until age 67. The first
generation that is going to have to wait until the age of 67 are those
born in 1960, so let us not talk about senior citizens, because we are
not. They are totally unaffected. Even people in my age category are
unaffected by what the Senate is going to do.
Are we going to support the House position? Of course we are. So we
get by that one.
Then I want to go down to the third one. The third one reads that the
motion insists on the House provisions that prohibits sex
discrimination in all work activities and assures health and safety
protection for all participants. Are we going to support the House
position? Of course we are. We wrote it. We negotiated it.
I might tell my Democrat friends that they had input in it, and we
received some of their input, and together we wrote some of these
provisions. Are they going to support that? Of course they are. Are we
going to support that? Of course we are, because we put it in the bill.
But let us take a look at the second provision in the motion to
instruct. That says that the motion rejects language in the House bill
that treats certain TANF participants as nonemployees, therefore
denying them protection under the Federal antidiscrimination laws: the
Fair Labor Standards Act, OSHA, and other workers' protection.
Let us take a close look at that. Let us look at existing law, the
welfare bill that was signed into law by the President on August 22,
1996. That has a provision, a nondiscrimination provision, including,
and I am reading directly from the legislation right now, ``The
following provisions of law shall apply to any program or activity
which receives funds provided under this part.''
Now what applies? We heard somebody talk about discrimination on
race. We heard another Speaker say they can discriminate on age. Let us
see what is in the law right now that we do not change, that we simply
make this a part of.
The Age Discrimination Act of 1975, that applies to the people
receiving these benefits. Section 504 of the Rehabilitation Act of
1973, that applies to people receiving benefits and having to work for
their benefits under this bill. The Americans with Disabilities Act of
1990, it applies. We do not take that away. Title VI of the Civil
Rights Act of 1964, that applies. It is in the bill. Read the law. Read
the law for once and quit posturing.
Then what we do is that we go back and we add to those
antidiscrimination provisions. We have a provision as to health and
safety. We have another provision as to sex discrimination. I am
reading right from it. It says, ``In addition to the protections
provided under the provisions of law specified in section'' so and so,
``an individual may not be discriminated against with regard to
participation in work activities by reason of gender.'' That is in
here. Read it. That is in the House bill.
I think it is important that we look and see how far we have come. We
have taken the provisions and the safety provisions that are presently
in the existing welfare bill and we build upon them. We build upon
them, to be sure that workers have more rights.
Now, the question is, is there a remedy? Yes, we provide in here that
the States have to set up a remedy. Now, with regard to the Civil
Rights Act and other Federal laws that I just made reference to, their
remedy is just as it always has been and it is for any worker, whether
it be through the courts or a complaint to the Federal Government. But
we set up a provision that requires the States to set up a remedy with
regard to some of these other provisions if people are discriminated
against.
Mr. Speaker, these are important things to realize. I would like to
point to one other provision that was something that was very, very
heavily supported by the Democrats. That is a provision that could be,
could be seen as discrimination. We cannot displace an existing worker
with somebody who is on welfare. That is something that I think Members
want in the bill. Is that discrimination? Yes, I would say that is
discrimination. If we cannot fill that position and let somebody go
because you are going to fill it with somebody coming off of welfare,
that is, but I think my Democrat friends would insist upon that, and it
makes sense. We went along with it. So I think what we have to do, and
I would say here in closing that I have no problem with the motion to
instruct. Is it a political document? Of course it is. Does it have any
effect of law? Does it bind the negotiators? No, it does not. Does it
do any harm? No, it does not. Am I going to vote for it? Of course I am
going to vote for it. There is nothing in here that is inconsistent
with my responsibility as a conferee, and I intend to support it.
{time} 1215
Mr. CLAY. Mr. Speaker, I yield 1 minute to the gentleman from
California [Mr. Miller].
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, it is an interesting
refutation we just heard. What we heard is that with respect to people
who are struggling to get off of welfare, the Republicans are prepared
to take care of old disabled people. We thought they would do that
anyway.
But the fact of the matter is for the workers under this legislation
that they have sent to conference, those
[[Page H5038]]
workers who are struggling to get off of welfare, who have taken the
direction of this Congress, they are second-class citizens with respect
to the protections that other workers receive. That is a matter of the
law in the bill that we have sent to the conference committee.
That is true with respect to sexual harassment. That is true with
respect to the minimum wage. That is true with respect to worker
protections under OSHA. We have to ask ourselves, why is it the
Republicans are so hell bent, so hell bent on punishing working people?
Earlier we saw that they wanted to deny them the minimum wage. Then
they wrote a tax bill that showered the benefits onto the wealthy. Now
we see, to balance the budget, they have decided that people who go on
welfare should not be given the same benefits as other people they are
working alongside of in the workplace.
It simply is not fair. It is inequity, and it is simply un-American
with respect to the treatment of working people. Working people deserve
better and that is why we are going to ask for a vote on the motion to
instruct.
Mr. HOBSON. Mr. Speaker, I yield 30 seconds to the gentleman from
Florida [Mr. Shaw].
Mr. SHAW. Mr. Speaker, I would like to read directly from the House
bill. Health and safety standards, that is OSHA, established under
Federal and State law otherwise applicable to working conditions of
employees shall be equally applicable to working conditions of
participants engaged in a work activity.
Mr. LEVIN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I say to my friend from Florida, look, there is a
reference to health and safety that was put in after we protested. But
there is no Federal protection of that right.
Why should people be treated as second class citizens as they move
from welfare to work? Why should they not have the same protections as
other people, the full dignity and integrity of work? In the list he
read earlier, there is no protection against sexual harassment or
against employment discrimination. So they are trying in a sense to
finesse the issue on the majority side.
We have been able to move this along but not to the point where
people who work are first class citizens whether they are on welfare or
not.
Our basic premise is this: People who work, surely those who move
from welfare to work, as I believe they should, and I supported the
welfare bill, should have the same protections as all other employees.
If they are employees under FLSA, they are employees. And you have been
trying to cut this in pieces.
What we are saying is, let us keep it whole. That is what people in
this country deserve. That is the intent of the law.
This motion to instruct says, follow FLSA as it applies to all
employees.
Mr. CLAY. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan [Mr. Bonior].
Mr. BONIOR. Mr. Speaker, the Republican tax-and-spend bills that we
are debating here this afternoon help the biggest and reward the
richest and the biggest corporations, and they punish America's working
families. My colleagues across the aisle know it, and the American
people know it.
This Republican spending bill turns hardworking Americans into, as my
colleagues have just said on the floor, second class citizens. This
bill contains provisions that permit and even encourage employers to
deny basic rights and protections to hardworking Americans doing an
honest day's work, provisions that say that it is OK to deny some
Americans safe working conditions, provisions that say that it is OK to
deny some Americans their right under the Family and Medical Leave Act,
denying them the right to choose their jobs, making sure that they do
not have to deal with the choice between the job that they need and the
family they love, provisions that say that it is OK to deny some
Americans protection from sexual harassment.
This bill says that some Americans are less than equal, that they do
not deserve the same rights as other Americans, that it is OK to create
a subclass of citizens. That is not just a slippery slope, it is a
jagged cliff.
If all Americans do not share the same rights, then none of us have
them. Think about a mother who is working to support her children. This
spending bill permits, it even encourages her boss to ignore the most
basic safety rule. It allows him to sexually harass her without fear of
punishment. Who would put their sister, their daughter, their mother in
such a demeaning, compromising situation without any recourse? The
Republicans want to write this into law.
This Republican spending bill does very little to protect children's
health. Every day in America 3,300 children lose their health
insurance. In the bipartisan budget agreement, Republicans promised to
cover half of America's 10 million uninsured children. This bill
abandons that promise. It abandons these children. Under this bill,
only about 500,000 children will get health care, and even that figure
is in dispute.
To make matters worse, this bill shortchanges funding for children's
hospitals. This Republican spending bill is an attack against the
American principles of fairness and opportunity. This Republican
spending bill is an attack on our rights. This Republican spending bill
is an attack against American working families, as is the bill that we
will discuss in a little while that deals with the tax reconciliation,
helping the rich at the expense of working Americans.
I urge my colleagues to vote for the motion to instruct so we do not
have to have a subclass of American citizens and so that we can ensure
that our citizens are protected in health care.
Mr. HOBSON. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia [Mr. Linder].
Mr. LINDER. Mr. Speaker, I thank the gentleman for yielding me the
time. This whole discussion has sort of an Alice in Wonderland quality
about it. We are talking as though hard working American citizens are
being denied basic rights of employment.
These are welfare recipients. These are people who have been on
welfare for 2 years and did not get a job after 2 years, as the welfare
reform requires. So they are doing 20 hours a week of public service.
They are getting $8.50 to $9 an hour in cash and noncash welfare
benefits without working for it, and they are providing 20 hours a week
of public service because they did not get a job as the law requires.
Now they want to require, in addition, they get minimum wages on top
of that. For that, they get all the protections of the Fair Labor
Standards Act, so they could possibly maybe get unemployment benefits,
too, when they quit the job, and all the other benefits that accrue to
people who go out and work for a living, find a job and support their
family the way the rest of America does.
It is dishonest, it seems to me, or at least misleading to try and
convince America that these are hardworking people just trying to raise
their families when in fact they are welfare recipients, getting $8.50
to $9 an hour in benefits from the taxpayers already, who now want to
be paid for public service because they refuse to go to work.
Mr. SPRATT. Mr. Speaker, I reserve the balance of my time.
Mr. HOBSON. Mr. Speaker, I yield the balance of my time to the
gentleman from Florida [Mr. Shaw].
Mr. SHAW. Mr. Speaker, as we come to the closure of the debate on
this, I would like to not only compliment the chairman of the Committee
on the Budget, the gentleman from Ohio [Mr. Kasich], but also the
gentleman from South Carolina who, together with the Republicans and
his Democrats, sought out a lot of middle ground in working this
process through to bring the House bill to the floor.
The provisions complained of in the motion to instruct are harmless.
It accepts the House provision in the first and the last provision
within the motion to instruct. The second provision is written in such
a way, I think, to mislead people that the House provision was blind to
the protections that workers would have.
I would encourage all Members on this side of the aisle to go ahead
and support the motion. It does no harm to the House position. I think,
as a matter of fact, my interpretation of it is in very strong support
of the House position, and that is where the conferees should start out
and hopefully end up on a lot of these provisions.
[[Page H5039]]
I do want to make it very clear, however, to Members listening to the
debate that what we are talking about when we talk about some of these
things that might be missing such as unemployment compensation, FICA,
some of these other provisions that are the only benefits that these
people are not receiving, when they go into the private sector, they
will receive full benefits.
There is no discrimination against people when they become employees
when coming off of welfare. As a matter of fact, we do everything we
can to get them out there in a permanent job in the private sector
where they receive all the benefits.
This is not a question of class warfare, class distinction, or taking
away the rights of the American workers. They are fully protected as
they should be protected. We are talking only about the provision when
they are doing public service jobs so that they do not lose their
benefits. That is what is important.
Mr. SPRATT. Mr. Speaker, I yield myself the balance of my time.
We bring this motion to instruct conferees because we are in the
minority. This is a way we have, one of the few devices we have to
register our views on things that are important.
There is no question about it. Medicare age eligibility is
fundamentally important. We want to register the House position on
that.
Second, it is fundamentally important to us also to say that
everybody, every American, because of his status as an American, is
entitled to the fundamental protection of the laws of the land, which
is what the Federal Labor Standards Act is.
The simple way to accomplish that is to say that you are a worker
within the definition of the Federal Fair Labor Standards Act, except
to the extent that this protection does not apply. That is what we are
seeking here, to give them the broad protection of the law that has
been the law of the land for more than 50 years. I was pleased to hear
that my colleagues, the other side of the aisle, will be supporting
this motion to instruct, and I assure the Chair that when the time
comes we will be asking for a record vote because this is a matter of
importance, both of these issues, on which we want to register the
views of the House as we go into this conference.
Mr. STENHOLM. Mr. Speaker, I rise in support of this motion, but I
bring a somewhat different perspective to this debate. I find myself in
agreement with much of what has been said by my Republican colleagues
about the need to deal with both of these issues. I agree with the
substance of both proposals addressed in this motion.
A gradual increase in the eligibility age for Medicare must be part
of a serious effort to reform entitlement programs to preserve them for
future generations. I think most of us recognize that the budget
agreement is a very humble first step in dealing with the long-term
needs of the major entitlements. Bringing the eligibility age of
Medicare in line with Social Security is a fair and reasonable reform
that would have a tremendous long-term benefit for the Medicare
Program. However, I do agree that it is reasonable for this issue to be
considered in the context of overall Medicare reform where we can
consider the various ramifications of this change on retirees,
employers, the health system, and so forth.
With regard to the second provision, I am concerned that a well-
intentioned effort to protect welfare recipients will harm the very
people that we are trying to protect. Many States have instituted
community service and work experience programs as a safety net for
welfare recipients who do not have the skills or experience to obtain
private sector employment before they lose eligibility for cash
assistance. Community service jobs often provide experience for these
individuals then to be hired by private employers. If we apply all
labor laws to community service programs, many States who sincerely
want to help welfare recipients will find it too cumbersome and complex
to operate a community service program, leaving welfare recipients with
no source of income when they lose eligibility for cash assistance.
States that rely on nonprofit organizations to provide community
service jobs for welfare recipients will have a hard time continuing
these programs because very few nonprofit organizations are willing to
accept the legal obligations and liabilities associated with being
classified as an employer. I don't believe that any of us want to
eliminate this portion of the welfare safety net, but that will be the
consequence if we do not take action on this issue.
However, I support this motion because I question the ability to
adequately deal with these issues within budget reconciliation. These
are very controversial and complex issues that should be reviewed and
debated on their own merits. I believe that both of these issues would
receive strong support in Congress if they were considered separately.
As someone who is very interested in taking constructive action on
both of these matters, I am concerned that the politically charged
context of the budget agreement will prevent a serious discussion of
these issues. Allowing these matters to be consumed by the rhetoric in
the budget debate will make it much more difficult to make any real
progress on either issue. For this reason, I would encourage all
Members who want to deal with these issues in a constructive manner
instead of allowing them to be exploited for political purposes to vote
for this motion.
The SPEAKER pro tempore (Mr. Gillmor). Without objection, the
previous question is ordered on the motion to instruct.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to instruct
offered by the gentleman from South Carolina [Mr. Spratt].
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SPRATT. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 414,
nays 14, not voting 6, as follows:
[Roll No. 257]
YEAS--414
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Conyers
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
Engel
English
Ensign
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Filner
Flake
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Kucinich
LaFalce
LaHood
Lampson
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Maloney (NY)
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McDermott
McGovern
McHale
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moran (KS)
Moran (VA)
[[Page H5040]]
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pappas
Parker
Pascrell
Pastor
Paul
Paxon
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Redmond
Regula
Reyes
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryun
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaefer, Dan
Schaffer, Bob
Schumer
Scott
Sensenbrenner
Serrano
Sessions
Shaw
Sherman
Shimkus
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thune
Thurman
Tiahrt
Tierney
Torres
Towns
Traficant
Turner
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
NAYS--14
Barr
Barton
Campbell
Ehrlich
Fowler
Johnson, Sam
Kolbe
Porter
Riggs
Rohrabacher
Sanford
Scarborough
Shadegg
Shays
NOT VOTING--6
Armey
Burton
Markey
Schiff
Skaggs
Slaughter
{time} 1248
Messrs. ROHRABACHER, PORTER, SHAYS, RIGGS, BARR of Georgia, BARTON of
Texas, and Mrs. FOWLER changed their vote from ``yea'' to ``nay''.
Ms. DeGETTE and Mr. BLUNT changed their vote from ``nay'' to ``yea.''
So the motion to instruct was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Without objection, the Chair appoints the
following conferees:
For consideration of the House bill, and the Senate amendment, and
modifications committed to conference: Messrs. Kasich, Hobson, Armey,
DeLay, Hastert, Spratt, Bonior, and Fazio of California.
As additional conferees from the Committee on Agriculture, for
consideration of title I of the House bill, and title I of the Senate
amendment, and modifications committed to conference: Messrs. Smith of
Oregon, Goodlatte, and Stenholm.
As additional conferees from the Committee on Banking and Financial
Services, for consideration of title II of the House bill, and title II
of the Senate amendment, and modifications committed to conference:
Messrs. Leach, Lazio of New York, and Gonzalez.
As additional conferees from the Committee on Commerce, for
consideration of subtitles A-C of title III of the House bill, and
title IV of the Senate amendment, and modifications committed to
conference: Messrs. Bliley, Dan Schaefer of Colorado, and Dingell.
As additional conferees from the Committee on Commerce, for
consideration of subtitle D of title III of the House bill, and
subtitle A of title III of the Senate amendment, and modifications
committed to conference: Messrs. Bliley, Tauzin, and Dingell.
As additional conferees from the Committee on Commerce, for
consideration of subtitles E and F of title III, titles IV and X of the
House bill, and divisions 1 and 2 of title V of the Senate amendment,
and modifications committed to conference: Messrs. Bliley, Bilirakis,
and Dingell.
As additional conferees from the Committee on Education and the
Workforce, for consideration of subtitle A of title V and subtitle A of
title IX of the House bill, and chapter 2 of division 3 of title V of
the Senate amendment, and modifications committed to conference:
Messrs. Goodling, Talent, and Clay.
As additional conferees from the Committee on Education and the
Workforce, for consideration of subtitles B and C of title V of the
House bill, and title VII of the Senate amendment, and modifications
committed to conference: Messrs. Goodling, McKeon, and Kildee.
As additional conferees from the Committee on Education and the
Workforce, for consideration of subtitle D of title V of the House
bill, and chapter 7 of division 4 of title V of the Senate amendment,
and modifications committed to conference: Messrs. Goodling, Fawell,
and Payne.
As additional conferees from the Committee on Government Reform and
Oversight, for consideration of title VI of the House bill, and
subtitle A of title VI of the Senate amendment, and modifications
committed to conference: Messrs. Burton of Indiana, Mica, and Waxman.
As additional conferees from the Committee on Transporation and
Infrastructure, for consideration of title VII of the House bill, and
subtitle B of title III and subtitle B of title VI of the Senate
amendment, and modifications committed to conference: Messrs. Shuster,
Gilchrest, Oberstar.
As additional conferees from the Committee on Veterans' Affairs, for
consideration of title VIII of the House bill, and title VIII of the
Senate amendment, and modifications committed to conference: Messrs.
Stump, Smith of New Jersey, and Evans.
As additional conferees from the Committee on Ways and Means, for
consideration of subtitle A of title V and title IX of the House bill,
and divisions 3 and 4 of title V of the Senate amendment, and
modifications committed to conference: Messrs. Archer, Shaw, Camp,
Rangel, and Levin.
As additional conferees from the Committee on Ways and Means, for
consideration of titles IV and X of the House bill, and division 1 of
title V of the Senate amendment, and modifications committed to
conference: Messrs. Archer, Thomas, and Stark.
There was no objection.
____________________