Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

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

Vol. 141 WASHINGTON, THURSDAY, JANUARY 26, 1995 No. 16 House of Representatives

The House met at 9 a.m. and was will be a limit on the number of 1-min- THE CONTRACT WITH AMERICA called to order by the Speaker pro tem- utes today. That is the only purpose. (Mr. BONO asked and was given per- pore [Mr. ARMEY]. The SPEAKER pro tempore. The gen- mission to address the House for 1 f tleman from Missouri [Mr. VOLKMER] minute and to revise and extend his re- should be advised that the Chair will marks.) DESIGNATION OF SPEAKER PRO entertain 20 1-minutes from each side Mr. BONO. Mr. Speaker, our Contract TEMPORE of the aisle. With America states, on the first day The SPEAKER pro tempore laid be- Mr. VOLKMER. I thank the Chair, of Congress, a Republican House will: fore the House the following commu- and I withdraw my reservation of ob- Force Congress to live under the nication from the Speaker: jection. same laws as everyone else; cut one- The SPEAKER pro tempore. Pursu- WASHINGTON, DC, third of committee staff; and cut the ant to clause 1, rule I, the Journal January 26, 1995. congressional budget. We have done stands approved. I hereby designate the Honorable RICHARD that. K. ARMEY to act as Speaker pro tempore on f In the next 78 days, we will vote on this day. the following 10 items: NEWT GINGRICH, PLEDGE OF ALLEGIANCE Speaker of the House of Representatives. No. 1, a balanced budget amendment The SPEAKER pro tempore. Will the and line-item veto; f gentleman from Rhode Island [Mr. No. 2, a new crime bill to stop violent PRAYER KENNEDY] come forward and lead the criminals; House in the Pledge of Allegiance. No. 3, welfare reform to encourage The Chaplain, Rev. James David Mr. KENNEDY of Rhode Island led work, not dependence; Ford, D.D., offered the following pray- the Pledge of Allegiance as follows: No. 4, family reinforcement to crack er: I pledge allegiance to the Flag of the down on deadbeat dads and protect our We pray, O God, that our words of United States of America, and to the Repub- children; hope and our vision for justice will con- lic for which it stands, one nation under God, No. 5, tax cuts for families to lift nect with our deeds, that our faith will indivisible, with liberty and justice for all. Government’s burden from middle-in- be active in love, that all that we say f come Americans; with our lips, we will believe in our No. 6, national security restoration hearts, and all that we believe in our ANNOUNCEMENT BY THE SPEAKER to protect our freedoms; hearts we will practice in our daily PRO TEMPORE No. 7, Senior Citizens’ Equity Act to lives. Teach each person, O God, to re- The SPEAKER pro tempore. The allow our seniors to work without Gov- late words and deeds so may we have fi- ernment penalty; delity of character and sincerity of Chair will entertain 20 1-minutes per side. No. 8, Government regulation and un- purpose in what we say and in what we funded mandate reforms; do. This is our earnest prayer. Amen. f No. 9, commonsense legal reform to f SENATE MESSAGE end frivolous lawsuits; and No. 10, Congressional term limits to THE JOURNAL A message from the Senate by Mr. make Congress a citizen legislature. The SPEAKER pro tempore. The Hallen, one of its clerks, announced This is our Contract With America. Chair has examined the Journal of the that the Senate had passed a bill of the last day’s proceedings and announces following title, in which the concur- f to the House his approval thereof. rence of the House is requested: Pursuant to clause 1, rule I, without S. 273. An act to amend section 61h–6 of URGING PASSAGE OF THE BAL- objection, the Journal stands approved. title 2, United States Code. ANCED BUDGET AMENDMENT Mr. VOLKMER. Mr. Speaker, reserv- The message also announced that WITH THE SUPERMAJORITY PRO- ing the right to object, and I did not pursuant to sections 42 and 43 of title VISION plan to ask for a vote or object, but I 20, United States Code, the Chair, on (Mr. SOUDER asked and was given would like to use this occasion to re- behalf of the Vice President, reappoints permission to address the House for 1 serve the right to object to inquire of Mr. MOYNIHAN to the Board of Regents minute and to revise and extend his re- the Chair as to whether or not there of the Smithsonian Institution. marks.)

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

H 693 H 694 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Mr. SOUDER. Mr. Speaker, we truly URGING MEMBERS TO JOIN IN ation to Americans who are not able to have a historic opportunity today. SUPPORTING THE BALANCED give consideration for themselves. That is to pass a balanced budget BUDGET AMENDMENT f amendment. The time is finally here. (Mr. EHLERS asked and was given We can pass a balanced budget amend- permission to address the House for 1 b 0910 ment with a 60-percent supermajority minute and to revise and extend his re- to pass a tax increase. marks.) DAYS OF DEFICIT SPENDING NEAR END Mr. Speaker, I doubt if there is any Mr. EHLERS. Mr. Speaker, 12 years Member of this body who campaigned ago this month I was elected to the (Mr. BALLENGER asked and was on the right to increase taxes. In fact, State legislature in Michigan and en- given permission to address the House many of those who did raise taxes are tered politics full time for the first for 1 minute.) no longer with us in this body. The time in my life. At that time I opposed Mr. BALLENGER. Mr. Speaker, my Barton amendment gives Republicans the Federal balanced budget amend- colleagues on the other side of the aisle and Democrats the opportunity to ment. Today I will be voting for the are constantly asking us how are we match their rhetoric with the reality balanced budget amendment. going to balance the budget by 2002. Why did I have that change of heart? But a more pertinent question is of their votes here in Washington. It is because of my experience at the when do my liberal, big-spending col- Back home in Indiana, a 60-percent State level, working with a balanced leagues on the other side of the aisle supermajority to pass a tax increase budget amendment and a line-item plan to balance the budget? If you do does not seem enough. In fact, in Indi- veto, and seeing that it works. Fur- not think it should be done by the year ana they would like 100 percent of this thermore, it came from observing that 2002, 7 years from now, when do you House to have to approve a tax in- over the past half century Congress has think it should be done? Isn’t a $5 tril- crease, maybe twice, and maybe if they not demonstrated that it has the col- lion debt enough? pass it, even an extra clause for a lective self-discipline to balance the The Democrats do not want a bal- caning for those who pass the tax in- budget. It needs some outside impetus anced budget amendment for one rea- crease. At the grass roots they do not to require it. son. They want Americans addicted to understand why we cannot decrease the I have seen it work at the State big Government because they are the size of Government rather than con- level. The fact that it exists forces the party of big Government. stantly increase taxes. State legislatures to balance their You know, I think it is important to Mr. Speaker, today we have the op- budgets. If we have a Federal balanced address the moral dimension of deficit portunity to pass that. The people of budget amendment, that will force our spending. Thrift, frugality, and de- Indiana, the people of this Nation, are Congress to balance the budget that ferred gratification are virtues. But watching. I hope we can get the they submit to the President each deficit spending is a vice that has been year. supermajority necessary to pass this used by big-spending politicians as just Mr. Speaker, let us not forget our protection for our children and our- another incumbent-protection device. children and grandchildren and our ob- selves out into the future. In the words of Harry Hopkins, they ligation to them. Let us join in sup- would ‘‘borrow and borrow, spend and f porting the balanced budget amend- spend, elect and elect.’’ ment. But those days are about to end, Mr. OPPOSITION TO THE MEXICAN f Speaker. BAILOUT CONGRESS MUST EXCLUDE PRO- f (Mr. TRAFICANT asked and was GRAMS FOR THE YOUNG AND given permission to address the House THE ELDERLY FROM BALANCED HASTE MAKES WASTE for 1 minute and to revise and extend BUDGET AMENDMENT CUTS (Mr. WYNN asked and was given per- his remarks.) (Mr. HILLIARD asked and was given mission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, I do permission to address the House for 1 minute and to revise and extend his re- not think Congress gets it yet. Eighty- minute and to revise and extend his remarks.) one percent of the American people do marks.) Mr. WYNN. Mr. Speaker, good morn- not support bailing out Mexico because Mr. HILLIARD. Mr. Speaker, haste ing. many of them are worried about losing makes waste. I rise today to clarify for the Amer- their job, worried about losing their Mr. Speaker, I addressed the Com- ican people what this balanced budget health insurance, worried about losing mittee on Rules in an attempt to get debate is all about. Make no mistake their pension, and worried about losing an exemption to the balanced budget about it, the Democrats want a bal- their homes. amendment considered. That exemp- anced budget. The difference is, we Mr. Speaker, I have a question to tion would have provided that Aid to want to do it right. I am from the State of Maryland, 10 ask. When the steel mills closed in Dependent Children would have been years in the State legislature. We had Ohio and Pennsylvania, where was exempted from any consideration on a balanced budget. a balanced budget. We are one of only Uncle Sam? When the farmers were los- It is very important that any society, about seven States with a triple-A ing their land in the eighties and farm- any country, realize that in order to be bond rating, but we understand how to ers were literally committing suicide, a country that is civilized, it must pro- do it right and that is what we need to where was Uncle Sam? tect two groups: Those who are unable do on the floor of this assembly. The truth of the matter is the Amer- to protect themselves, the elderly and First we need truth-in-budgeting. We ican people are not foolish. When peo- the young. Unless some provisions are need to know exactly what cuts will be ple overseas are in trouble, Uncle Sam made, we will fail to do that. necessary in order to balance the budg- jumps in with all four feet, but when America is strong, not just because et. You would not buy a house without the American people are in trouble, of the fact that it is economically se- knowing the mortgage payments. We Uncle Sam says ‘‘Let Willy Nelson take cure. It is strong because over the need to know what we are going to care of it.’’ I am opposed to this bail- years it has made sure that it takes have to do in order to balance this out. care of those individuals that cannot budget. It seems to me people are won- Let me say this, Mr. Speaker, While fend for themselves. dering will it really cause a 20-percent Congress is debating bailing out Mex- For Congress to do less would be re- cut in Medicare? Will it really cut out ico, the Federal Reserve is debating neging on the legacy of democracy, Mr. veterans’ benefits, truth-in-budgeting? raising the interest rates on our peo- Speaker, and I submit that haste Second, preserve Social Security. ple. Beam me up. makes waste, that sometime in the fu- Yesterday we went through a charade. ture we will regret the action that we We passed a resolution. That is not the are about to do. We must give consider- force of law. We need to put in law that January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 695 in addition to a balanced budget, we talking about for years. But once again amendment will help ensure a safe fi- are going to keep our original contract. I call on the President and my friends nancial future for our children and The original contract was with our sen- on the other side of the aisle to put grandchildren so they do not have to ior citizens. We can have a balanced aside the rhetoric and take action. pay for the spending mistakes of yes- budget but it is important that we do This week the President and this teryear. it in the right way, not in the politi- Congress have an opportunity to re- b 0920 cally expedient way. store faith with the American people f and put our financial priorities in Every day Americans strongly sup- order. port a balanced budget amendment. BUSINESS AS USUAL MUST GO: We must pass the balanced budget People understand the necessity of CONGRESS MUST PASS THE BAL- amendment and put an end to the dis- paying bills, balancing checkbooks, ANCED BUDGET AMENDMENT grace of deficit spending. Remember, and living within their means. It is un- (Mrs. MYRICK asked and was given Mr. Speaker, the American people are fortunate that people struggle to make permission to address the House for 1 not shouting at each other. They are ends meet but their Government does minute.) shouting at us. not understand the concept. Mrs. MYRICK. Mr. Speaker, on No- f Enough is enough. It is time for us to vember 8, America’s voters sent us to reign in the out-of-control spending Washington to change the way the Fed- A QUESTION OF PRIORITIES habits of this Congress. I ask my fellow eral Government does business. They (Mr. DURBIN asked and was given Members, both Democrats and Repub- made it very clear that the tax-and- permission to address the House for 1 licans, to support the balanced budget spend mentality and business as usual minute and to revise and extend his re- amendment with the three-fifths pro- must end. marks.) tection for American citizens. The people are aware of the ever-in- Mr. DURBIN. Mr. Speaker, I think f creasing national debt of $4.5 trillion we all know that when it comes to tele- and the need for a balanced budget vision ratings, the Simpson trial is PROTECT SOCIAL SECURITY IN A amendment. They are also aware that going to get a lot more viewers than BALANCED BUDGET AMENDMENT too many here in Congress, do not com- the proceedings of the House of Rep- (Mr. BRYANT of Texas asked and prehend the need, nor acknowledge the resentatives, but I hope that America was given permission to address the people’s insistence, for it to be done. will tune in today to this debate on the House for 1 minute.) Americans balance their own budgets. balanced budget amendment. It is Mr. BRYANT of Texas. Mr. Speaker, They demand the same of their Govern- critically important to every American today we will take up the balanced ment. who values Social Security and Medi- budget amendment and I am one Demo- The people are burdened by paying care. What the Republicans are propos- crat who supports an amendment. But over half of their income in taxes. So ing is literally to make certain that I support an amendment that protects they fully understand the need for a Social Security will be vulnerable to Social Security. There is no reason vote by three-fifths of the Congress be- cuts for years to come. They will not why we cannot pass a balanced budget fore taxes can be raised. tell you, but I think the facts bear us amendment that still maintains the When the U.S. Congress enacts, and out. guarantee to senior citizens that Social 38 States ratify, a balanced budget They are going to call for a 30-per- Security will not be touched. amendment, it will ensure that the cent cut in Medicare as a result of to- We have heard some of these Repub- Federal Government does not spend day’s debate, and senior citizens will licans raise questions about why we are more than it takes in. It will be a first pay more out of pocket, have fewer talking about Social Security. I will step toward achieving the changes that services, and we will see hospitals clos- tell Members why. It is because you the voters have demanded, and it will ing across America. fellows elected a Speaker of the House contribute to the reweaving of the fab- These are facts the Republicans do who has called for abolishing Social ric of America for future generations. not want to disclose but they are sim- Security. The Republican Speaker of f ple facts that are inevitable conclu- the House, NEWT GINGRICH, in 1986 sions from where they stand. We should called for abolishing Social Security MEDIA’S ASSERTION OF not be surprised. and turning it into some kind of a AMERICANS’ ANGER OFF BASE Speaker NEWT GINGRICH wrote in mandatory IRA program, and I am (Mr. HAYWORTH asked and was USA Today in 1987, ‘‘It’s time to re- quoting from the Atlanta Constitution, given permission to address the House place Social Security.’’ November 1986. for 1 minute and to revise and extend It is no priority for the Republicans, Also because you Republicans elected his remarks.) but it is a priority for America to pro- a majority leader, DICK ARMEY, who did Mr. HAYWORTH. Mr. Speaker, in his tect our senior citizens, to protect So- the same thing. He cosponsored a spe- State of the Union Address Tuesday, cial Security and to protect Medicare. cial provision for a mandatory retire- President Clinton said the American f ment account that was supposed to people were engaged in a shouting substitute for Social Security. He also match. This observation parallels the SUPPORT BBA WITH THREE- spoke out a few years ago about the liberal media’s assertion that the FIFTHS REQUIREMENT fact that we never should have started American people are angry at each (Mr. JONES asked and was given per- Social Security in the first place. other. This is light years from the mission to address the House for 1 Senior citizens have a good reason to truth. minute.) be afraid of what Republicans are going Americans are not angry and they Mr. JONES. Mr. Speaker, last No- to do to Social Security. Today when are certainly not shouting at each vember the American people decided we vote for an amendment to balance other. that Congress must take responsibility the budget, we ought to vote for a pro- Mr. Speaker, if the American people for their action and must be held ac- vision to protect Social Security. are shouting at anybody, they are countable for the taxpayers’ money. f shouting at the Federal Government. The public has lost all faith in the job More precisely, they are sickened at that is being done by Congress. For the SINGING VERSUS SHOUTING the level of irresponsible spending, the public to regain their trust and respect (Mr. CHRISTENSEN asked and was bloated and inefficient bureaucracies in our Government, we must pass a bal- given permission to address the House and the constant drumbeat for more anced budget amendment including a for 1 minute and to extend his re- taxes. three-fifths requirement to increase marks.) The other night President Clinton taxes. Mr. CHRISTENSEN. Mr. Speaker, in treated us to an interesting speech and When this requirement takes effect, his State of the Union Address Tuesday I am glad to see that he supports many people will be reassured that Congress night, President Clinton said that in of the ideas Republicans have been cannot blindly raise their taxes. The the 1992 and 1994 elections, we did not H 696 CONGRESSIONAL RECORD — HOUSE January 26, 1995 hear the people singing, we heard them am proud of what the Republicans have talk about the fact that I cannot sup- shouting. I could not agree with the done already under the banner of the port a bailout of Mexico, that we have President more. Contract With America. got to treat our neighbors to the south But what are the people shouting for? We have made true fiscal responsibil- in the same way that we would treat Are they shouting for more of the big ity in Congress the hallmark of our our neighbors down the street. But I Government, big spending, liberal legislative plan. And at the very heart have been sitting here for the last 25 ideals that the Democrats championed of this plan, we have placed the one minutes listening to this discussion for the past 40 years? I think not. tool that is absolutely essential to re- about Social Security. The people are shouting for Congress storing accountability—the balanced This is the same discussion that we to clean up its act. They are shouting budget amendment. have heard year after year after year, for a Government that is smaller, less For too long, Congress denied its re- most usually in an election cycle be- costly, and more efficient. They are sponsibility by using tax increases to fore a general election, when Repub- shouting for us to pass legislation such cover up its own lack of political will licans are accused of trying to cut So- as the balanced budget amendment to to make tough budgetary decisions. cial Security. But has it happened? No, make us get our fiscal problems in Limiting the ability of Congress to it never will, not in recent history, and order. raise taxes will force Congress to set the fact is that the only time that So- I urge my colleagues from the other real budget priorities. If there is one cial Security has been affected was side of the aisle to join me in voting thing 40 years of Democrat rule should when the Social Security taxable in- yes for the balanced budget amend- have taught us, it is that their party come was increased from 50 percent to ment with a three-fifths tax limitation consistently lacks the will to make the 85 percent, and that was a proposal provision. It is what the people are tough decisions. Yet we cannot trust that was backed by the then majority, shouting for. It is what the people de- that fiscal conservatives will always the Democrats. serve. run the House of Representatives. So let us get the record straight here. To safeguard our children from a re- f Let us pass a balanced budget amend- turn to the profligate ways of our con- ment today and send it on to the Sen- PROTECTING SOCIAL SECURITY IN gressional past, we must enact a budg- THE BALANCED BUDGET AMEND- et balancing tool with teeth. ate. MENT I urge this House to support the Bar- f (Mr. SCHUMER asked and was given ton amendment that will forbid in- permission to address the House for 1 creases without both parties partici- NEW REPUBLICAN LEADERSHIP ON minute and to revise and extend his re- pating. Vote for the 60-percent rule. RECORD AGAINST SOCIAL SECU- marks.) f RITY Mr. SCHUMER. Mr. Speaker, what is (Mr. MILLER of California asked and the difference between the Democratic BALANCED BUDGET AMENDMENT balanced budget amendment and the (Mr. MEEHAN asked and was given was given permission to address the one proffered by the Republicans? Sim- permission to address the House for 1 House for 1 minute and to revise and ple. Ours protects the elderly, Social minute and to revise and extend his re- extend his remarks.) Security and Medicare and theirs does marks.) Mr. MILLER of California. Mr. not. Mr. MEEHAN. Mr. Speaker, a few Speaker, there is a very good reason The new Republican majority is weeks ago, I invited voters from my that we on the Democratic side con- afraid to tell the American people what district to a meeting in Concord, MA. tinue to talk about the balanced budg- balancing the budget will mean to to try their hand at cleaning up the et and its implications for Social Secu- their constituents, because their pro- budget mess. Roughly 260 people took rity, and there is a very real sense of grams are like a noose around the me up on the offer. They broke into urgency about that this year as op- necks of the elderly, a noose that small groups, and went to work draw- posed to other years, because this is tightens every day we get closer to ing up plans to balance the budget. the first time that we have had the passing the Contract With America. With the full range of budget choices leadership of the House committed to They say they will not cut Medicare, laid out before them, the players were changes and to the replacement of the but the fact of the matter is their asked to make the decisions needed to Social Security system. budget committee is considering huge balance the budget. Only 16 of the 25 This is the article by Speaker GING- changes in Medicare that will end the groups had produced a plan 11⁄2 hours RICH where he calls for the replacement program as we know it. later. Not one Democrat or Republican of Social Security, and we know others They say they will not cut Social Se- managed to balance the budget without in the Republican leadership that have curity, but Speaker GINGRICH wrote raising taxes. called that into question. this article. Read it. It says replace So- Let us face it, Congress needs a bal- At the same time, they have refused cial Security. anced budget amendment to eliminate to protect Social Security in the bal- This does not sound like Social Secu- the deficit. But it is not going to take anced budget amendment that they rity is off the table; it sounds like So- the rest of the country very long to fig- want this Congress and this House to cial Security is the table setting for ure out what the people in Concord, vote on today. That is what is wrong the Republican Party’s balanced budg- MA, discovered last weekend: That the with their proposal and that is why et amendment. Contract With America version of the they refuse to tell the American people DICK ARMEY said that the American balanced budget amendment is a hoax. what is in their proposal to balance the people’s knees would buckle if they If we are serious about balancing the budget. knew what services would be cut to budget, we cannot take anything off They refuse to talk about the Medi- balance their budget. When these cuts the table yet—not even tax increases. care cuts that they have to make to hit, seniors all over this country will Let us stop trying to fool the Amer- balance the budget under their propos- be screaming, ‘‘I have fallen and I can’t ican people. Vote for the Stenholm- als, they refuse to talk about the im- get up.’’ Schaefer amendment today, and pass a plications for Social Security under f real balanced budget amendment. their proposal, they refuse to talk f about the Medicaid cuts for long-term VOTE FOR BARTON BALANCED care for elderly people in this Nation. BUDGET AMENDMENT PASS A BALANCED BUDGET That is what is wrong with their pro- (Mr. BAKER of California asked and AMENDMENT posal. That is why we have to keep re- was given permission to address the (Mr. BASS asked and was given per- minding this Nation what is at risk, House for 1 minute and to revise and mission to address the House for 1 when Republicans who want to cut So- extend his remarks.) minute.) cial Security, replace Social Security, Mr. BAKER of California. Mr. Speak- Mr. BASS. Mr. Speaker, I had are in control of the levers of the power er, like many of my colleagues today, I planned to address the House today to in this House. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 697 b 0930 INTRODUCTION OF LEGISLATION Why use the Constitution to do that? TO END WASTEFUL PRACTICES STOP THE BICKERING Wake up, call them write them, what- IN CONGRESSIONAL OFFICES ever is within your voice, because the (Mr. CREMEANS asked and was (Mr. FOLEY asked and was given per- budget will be balanced on your back. given permission to address the House mission to address the House for 1 for 1 minute.) f minute.) Mr. CREMEANS. Mr. Speaker, let us Mr. FOLEY. Mr. Speaker, today, I stop the bickering. THE CREATION rise to call attention to yet another ex- I urge my colleagues on the other ample of how Congress wastes tax- (Mr. HOKE asked and was given per- side of the aisle to reflect on what they payers’ hard-earned money. mission to address the House for 1 have done to reform this Government. A week or two ago, every new Mem- minute.) Have they come out in support of tax ber received this letter from the Clerk Mr. HOKE. In the beginning there limitation and the balanced budget of the House encouraging us to order was limited government and a sound amendment? Have they fought to re- our own personalized gold embossed set form unfunded mandates? Have they economy and abundance covered the of the United States Code book, a set of embraced the Republican-led changes face of the land. 223 volumes that I have since discov- in the way that Congress has done busi- Then Johnson, leader of the ered we can take with us when we leave ness, or have they fought the reforms Spendites, looketh into the Treasury office. put forth? Have they tried to filibuster, and saw there was a surplus, and he After doing a little research, I have delay, and destroy the Contract With was sore afraid. So he called to the learned that these books with each America? high priests of the Spendites, who even Congressman’s name nicely engraved Mr. Speaker, many Democrats have then had controlled the Congress for 10 in gold on the binder costs taxpayer come the floor today and this past years, and he spake thusly, ‘‘Demo- $2,500 a set. Thus, to provide every new week for one reason, to stop needed re- crats,’’ for that was the Spendites’ Member of the last two Congresses, form in this Congress. They attack the name, ‘‘We must exhaust the Royal they have spent over $500,000; a half a Republicans on irrelevant issues. They Treasury, for there is a surplus, and I million dollars spent on books that are complain about their procedures. They available in every House office build- am sore afraid.’’ whine when we make necessary cuts. ing, in the House counsel’s office and, The Spendities heeded the call of lord Mr. Speaker, the time has come to of course, in the Library of Congress LBJ and spent as if there was no to- stop this silly bickering. Let us work across the street. morrow, creating foolish and wasteful together to complete this contract Mr. Speaker, I invite my colleagues Spendite programs that promiseth with the American people and restore much but dideth not. And the Govern- the people’s faith in this Congress. to join me as an original cosponsor of a measure that will end the practice of ment became big and bloated, and the f ordering these books and demonstrate economy weak and burdened, and the THE BALANCED BUDGET to the American people that we are se- children and the grandchildren, and, AMENDMENT rious about cutting the deficit and that yea, even the great-grandchildren of we are taking a small step in our indi- the subjects of the Spendites were sad- (Ms. MCCARTHY asked and was vidual offices to make a difference in dled with great debts. And the people given permission to address the House for 1 minute.) the United States of America. cried out, ‘‘Balenceth the budget.’’ But the Spendites were sore afraid, so the Ms. MCCARTHY. Mr. Speaker, this f people cried our for the Thriftities to week we consider legislation that is SENIOR CITIZENS, WAKE UP the first step in a long process that will lead them out of the wilderness of defi- lead to a balanced budget. While we all (Mrs. MEEK of Florida asked and was cit spending. given permission to address the House know the litany of numbers surround- f ing the growth of the national debt, for 1 minute.) the numbers are so staggering they are Mrs. MEEK of Florida. Mr. Speaker, I am a senior citizen. I am here to say to LET US HAVE THE TRUTH ABOUT worth repeating. SOCIAL SECURITY Over the past 12 years, it has tripled senior citizens throughout this coun- in size. We are now saddled with a $5 try, wake up, better smell the coffee. (Ms. PELOSI asked and was given trillion national debt and yearly inter- They are getting ready to make some permission to address the House for 1 est payments of over $200 billion. very drastic changes here in this Con- minute and to revise and extend her re- I was elected to put an end to this gress that will affect you. So you have marks.) practice, and for that reason I support better call them, write them, and talk Ms. PELOSI. Mr. Speaker, today we the bipartisan, bicameral constitu- them to slow this train down. will vote on some version of the bal- tional amendment offered by the gen- I realize that a balanced budget is anced budget amendment. I rise in op- tleman from Colorado [Mr. SCHAEFER] needed to control the runaway spend- position to it, and I do so because I and the gentleman from Texas [Mr. ing in this country, but as it is cur- think that there is still the great unan- STENHOLM]. rently drafted, they are going to bal- swered question: Will this balanced I urge every Member to support it. ance the budget on your backs, senior budget amendment exclude Social Se- citizens. You have felt the toil of this After we complete work on the bal- curity? If it does, why not say so? country for all of these years. You paid anced budget amendment, we will then We have an opportunity today on the taxes all of these years. Now they are turn to the budget and appropriations floor to support the Gephardt-Bonior going to cut Medicare, they are going process. During consideration of the amendment which our Republican col- yearly spending bills, I will work hard to cut Medicaid, they are going to cut leagues could join us in if they in fact to cut wasteful and unnecessary Gov- Social Security. wish to exclude Social Security. And if ernment spending. There are plenty of Do not let them fool you. There programs to target, and I look forward should be truth in packaging here so not Social Security, then what? to the debate that will take place dur- you can see the package that is being Disclose. Let us have truth in budg- ing consideration of these bills. put together, so you can know what eting. We have an opportunity today to There will be tough choices to be the cuts are. support the Conyers amendment if, in- made to reach our goal by 2002. How- Do not be fooled by what you are deed, we want to be truthful and honest ever, as a former State legislator and hearing about a balanced budget. Sure, with the American people. past president of the National Con- it is good, but it is not what you can We have reason to be doubtful about ference of State Legislatures, there is see that is going to hurt. Look at the the Republicans’ intention about So- one thing I will not cut. I will not sup- massive cuts in Medicare. They are cial Security because of what they say. port balancing the Federal budget on using the Constitution to change the My colleagues have pointed out this the backs of State and local govern- fiscal policy. Let them do it. That is article written by Speaker GINGRICH ments. what they are elected to do, to cut. which says, ‘‘Replace Social Security H 698 CONGRESSIONAL RECORD — HOUSE January 26, 1995 with a stable permanent retirement operation and went home. The Rules Every day we spend $816 million in- system.’’ There is a picture of a Social Committee, with over 100 amendments terest payments on the debt alone— Security card being cut by scissors. still pending, limited amendments on that is right, $816 million every day. Perhaps my colleagues on the Repub- the floor to 6. That is money that we could use to lican side would like to read this, and To amend the Constitution, if we are control crime, make job training and as recently as last evening, a senior lucky in this body, we will get 2 days of education available to more Americans member of the Committee on Ways and debate. This is not democracy, Amer- and immunize our children. Means on this floor said in the debate, ica; this is irresponsibility. Interest payments are simply devour- ‘‘We cannot ask our children to support ing large portions of the Federal budg- a growing number of seniors who live et and preventing the Congress from 20 and 30 years past retirement.’’ The ‘‘IT’S THE MAJORITY, STUPID’’ funding programs that are important gentlewoman from Connecticut [Mrs. (Mr. FORBES asked and was given to the American people. We know we JOHNSON] said that. permission to address the House for 1 are accountable for our actions, we If you do, in fact, wish to exclude So- minute.) know we are not doing the right thing, cial Security, vote to do so. Mr. FORBES. Mr. Speaker, Members we know we need some enforcement f of the House, as we listen to the rhet- powers. We need to do it by passing a oric and the misinformation and the balanced budget amendment. THE FIG LEAF THAT WAS GOOD scare tactics that are going to be on ENOUGH this floor today, I think it is important f (Mr. LAHOOD asked and was given to remind people that it was the Demo- permission to address the House for 1 crats who cut Social Security benefits THE REAL AGENDA minute.) in the 103d Congress by $48 billion, and (Mr. WALKER asked and was given (Mr. LAHOOD. Mr. Speaker, I took a not one Republican voted for it. And permission to address the House for 1 special note today to go back to the there is no threat in the 104th Con- minute.) Cloakroom and find that 412 of our col- gress. Mr. WALKER. Mr. Speaker, let us leagues voted for the resolution offered Back in November the majority of talk about what the real agenda is and by the gentleman from Illinois [Mr. the American people spoke loudly and what the real problem is with sticking FLANAGAN]. clearly when they elected a Republican the term ‘‘Social Security’’ in the con- Now, given the fact that we do not majority to this Congress; a majority stitutional amendment. What you do have 412 Republicans, apparently our of the people embraced the provisions then is you open a huge lobbyists’ loop- Democrat friends, in spite of the fact in our Contract With America, which hole in the Constitution, because what that they called his resolution a fig includes a balanced budget amend- would happen is that anybody who leaf, yesterday thought it was a good ment. A majority of the people de- wanted to bring some social welfare enough fig leaf to vote for it . But yet manded that we change Congress, and a spending approach to Capitol Hill today they will come to this floor and majority of the people sent a message would simply call it ‘‘Social Security.’’ try and scare the senior citizens of our that they want a smaller, less costly, Do you want to have mighnight bas- country into believing that we want to more efficient Government. What my ketball? Fine, call it ‘‘Social Secu- cut Social Security. colleagues from the other side of the rity.’’ Do you want to have the Cor- As I said yesterday during debate on aisle seem to forget is that a majority the resolution offered by the gen- of the people did not elect the Demo- poration for Public Broadcasting con- tleman from Illinois [Mr. FLANAGAN], I crat President 2 years ago. In fact, only tinue to get money? Call it ‘‘Social Se- do not know of any politician, Demo- 43 percent of the electorate voted for curity.’’ Do you want to have the NEA crat or Republican, who wants to cut our current President. to continue to get its funding for por- Social Security. I have never ever I urge the President and the rest of nographic art, just call it ‘‘Social Se- heard one politician ever running for his party to join with the majority of curity.’’ anything from dogcatcher to Congress the people in supporting the balanced Every lobbyist coming to Capitol Hill who ever said they wanted to cut So- budget amendment. asking for more spending would simply cial Security. We do not want to do it. The majority has spoken; it is what call it ‘‘Social Security’’ and say there- Apparently the Democrats do not they want; it is what they deserve. fore it is not covered by the balanced want to do it, because the majority of f budget. That would destroy Social Se- you voted for Mr. FLANAGAN’S fig leaf curity. resolution yesterday, because you IN SUPPORT OF THE STENHOLM Do you want the surest formula for thought it was good enough to send a BALANCED BUDGET AMENDMENT destroying Social Security? Just put it message. (Mr. CLEMENT asked and was given in the Constitution in a form that peo- Do not try to fool. Do not try and permission to address the House for 1 ple can use it to destroy the system. scare. Let us be honest with our senior minute and to revise and extend his re- That would be the wrong thing to do on citizens. Nobody wants to cut Social marks.) this floor today. Security. We do not intend to do it. Mr. CLEMENT. Mr. Speaker, I rise in f f strong support of a constitutional amendment to balance the budget. I BALANCE THE BUDGET AND THE 100-DAY NIGHTMARE have had three opportunities to vote on REDUCE THE FEDERAL DEFICIT (Mr. WATT of North Carolina asked the balanced budget amendments since and was given permission to address I have been a Member of Congress. We (Mr. HINCHEY asked and was given the House for 1 minute and to revise failed three times. permission to address the House for 1 and extend his remarks.) I do not think we will have a better minute and to revise and extend his re- Mr. WATT of North Carolina. Mr. opportunity than now to pass one, fi- marks.) Speaker, the 100-day dream has become nally. Mr. HINCHEY. Mr. Speaker, like a 100-day nightmare. The process by I support the Charlie Stenholm bal- many of my colleagues, I believe Con- which this balanced budget amendment anced budget amendment because it gress needs to work toward balancing to the Constitution came to the floor has strength and it is realistic and it is the budget and reducing the Federal of this House is the classic example. doable. deficit. I also know that Members of Con- I believe we must legislate in a more b 0940 gress, most of us, are well-intentioned; fiscally responsible way that will en- I serve on the Committee on the Ju- we want to do the right thing; but the sure our Nation will remain financially diciary out of which this balanced fact is every one of us has a laundry strong for our children and grand- budget amendment comes. Two weeks list of where we are going to cut costs. children. ago on a Wednesday afternoon, with The problem is that we all have a dif- Over the next several weeks, we will over 20 amendments still unoffered in ferent laundry list of where to cut, and debate many measures to achieve a committee, the committee closed down therefore nothing is cut. balanced budget. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 699 One measure, however, which I will you a couple of million. Let me give you a signs this pledge sheet will also get a not condone and will not even consider couple of million for your dam back home. sign to hang on their door. is any effort by this leadership to cut We want your vote. Mr. Speaker, I issue a special chal- Social Security. You do not want a balanced budget lenge to my colleague from the Sixth Social Security is a covenant the amendment because you want to pro- District of Georgia to take this pledge U.S. Government has made with its tect Social Security; the fact is you do and illustrate his commitment to a gift citizens, a promise to support working not want a balanced budget amend- ban by abandoning, and I will have to Americans when they are retired and ment because you do not want a bal- say it in piglet Latin, his ook-bay eal- living on fixed incomes. anced budget; not to protect Social Se- day. The working families of the Nation, curity but protect your largess when All of us have accepted one gift or and of New York, want straight talk, you need votes passed, and your Presi- another from lobbyists. However, as and they deserve to know whether or dent uses it the most. the President reminded us, we cannot not Social Security is on the table. f change our yesterdays, but our todays In the only opportunity we had to ex- and tomorrows we can. HIGHER MINIMUM WAGE empt Social Security in the 104th Con- f gress, every Republican but one voted PRODUCES ADDITIONAL JOBS against an amendment to exempt So- (Mr. PAYNE of New Jersey asked and SUPPORT THE THREE-FIFTHS cial Security during markup of the bal- was given permission to address the AMENDMENT anced budget amendment in the Judici- House for 1 minute and to revise and (Mr. HEINEMAN asked and was given ary Committee. extend his remarks.) permission to address the House for 1 Simply put, we cannot afford to bal- Mr. PAYNE of New Jersey. Mr. minute and to revise and extend his re- ance the budget on the backs of work- Speaker, as a strong supporter of the marks.) ing Americans who are living on fixed proposal put forth by President Clinton Mr. HEINEMAN. Mr. Speaker, I rise incomes. to increase the minimum wage, I would in support of the balanced budget These are difficult economic times like to share with my colleagues the amendment with its three-fifths for the people of New York’s southern findings of a survey in my home State supermajority. If we in this Congress tier and the Nation. Senior citizens of New Jersey. Despite dire predictions are sincere in voting for a meaningful should know for certain that their ben- by some of gloom and doom, our New amendment, then we must put a clutch efits are not in danger. Jersey businesses report that they ac- on our ability to raise taxes to pay for tually added jobs to their payrolls after f our inability to do our jobs. the minimum wage was raised in our People across this country are con- ANNOUNCEMENT BY THE SPEAKER State. stantly in a process of balancing their PRO TEMPORE As Governor Christine Todd Whitman personal budgets. The States and mu- The SPEAKER pro tempore (Mr. SAM acknowledged in an interview follow- nicipalities across this country are bal- JOHNSON of Texas). The Chair would ing President Clinton’s State of the ancing their budgets. Private enter- like to remind all Members that there union Address, New Jersey workers prise is constantly trying to balance is a limitation of 20 1-minutes. There could not make ends meet on the na- their budgets. I ask, ‘‘Why can’t we have been 16 on each side to this point. tional minimum wage of $4.25. Our climb aboard by balancing our budget The Chair will recognize Members in State of New Jersey has a $5.05 mini- without whimsically overtaxing the order. The Chair would ask Members to mum wage. people to do this?’’ adjust their ranking so that we can get Mr. Speaker, I am proud of the fact We should be leaders. We should be on with the business of the morning. that our State has led the Nation in the generals who lead the parade, not Those who were here first, I presume, providing workers with the decent liv- those who march behind it. Let us get will be recognized. ing wage they deserve. out front and demonstrate that we can I support extending the increase in f make tough decisions to keep our the minimum wage to every worker in house in order. We do not need to be DEMOCRATS, NOT REPUBLICANS, our Nation. Let me point out that the the parent who constantly raids the RAISED TAXES ON SOCIAL SECU- value of the current Federal minimum children’s piggy bank to pay our way. RITY wage, adjusted for inflation, has fallen Support the three-fifths amendment. by about 50 cents an hour since 1991. (Mr. KINGSTON asked and was given Vote for the Barton amendment. permission to address the House for 1 b 0950 minute and to revise and extend his re- f marks.) It is about 27 percent lower than it Mr. KINGSTON. Mr. Speaker, all was in 1979. Let us make sure that the THE CONSTITUTION SHOULD NOT right, let us talk about Social Secu- economic recovery reaches all Ameri- ALLOW A MINORITY TO CON- rity. In 1993, the first year your Demo- cans, and let us support President Clin- TROL THE BUDGET PROCESS crat President was in office, the Demo- ton’s minimum wage increase. (Mr. OLVER asked and was given crat Party, without one vote from the f permission to address the House for 1 Republican side, raised taxes on Social minute and to revise and extend his re- Security. A SPECIAL CHALLENGE TO THE marks.) Then in the same legislation, the REPRESENTATIVE OF THE SIXTH Mr. OLVER. Mr. Speaker, we need to Democrat Party voted to put that DISTRICT OF GEORGIA pass a balanced budget amendment, money, the new proceeds, not in the (Ms. MCKINNEY asked and was given but amending the Constitution really Social Security trust fund but in the permission to address the House for 1 cannot be taken lightly. Our Constitu- general fund. Why? Probably so your minute.) tion has only been amended 17 times in Democrat President could have more Ms. McKINNEY. Mr. Speaker, on over 200 years since the Bill of Rights. money to pass out as largess when he Tuesday evening the President stood in Our Constitution is based on majority needs one of the bits and pieces of his this Chamber and called on the Amer- rule, and we should not vote to put legislation passed. ican people to join him in reforming budget control in the hands of a minor- For example, your President, when our Government. More importantly, he ity of Members. NAFTA comes, he is so offended by $20 issued a challenge to Members of Con- In all the instances that are written presents from lobbyists, teeshirts from gress to voluntarily refrain from tak- into the Constitution of a school groups, and baseball caps from ing lobbyists’ gifts. supermajority, all of those are in- veterans’ organizations; he comes into I am proud to say that I rise to the stances are where the legislative the House, President’s challenge and will no branch must approve or must override If you will want to help pass NAFTA, I will longer accept gifts from lobbyists. the action of another coequal branch: give you a million dollars here. You want to From now on this sign will grace the The affirmative vote to override a veto save your helium reserve plant? Let me give door of my office, and any Member who by the President, the Executive, the H 700 CONGRESSIONAL RECORD — HOUSE January 26, 1995 leader of the executive branch; the re- XXIII, the Chair declares the House in which total outlays are not greater than jection vote to impeach a judge, or a the Committee of the Whole House on total receipts. Congress may, by law, amend President, a person in one of the other the State of the Union for the further that statement provided revised outlays are branches; the affirmative vote to ratify consideration of the joint resolution, not greater than revised receipts. Congress a treaty; the affirmative vote to ratify House Joint Resolution 1. may provide in that statement for a specific excess of outlays over receipts by a vote dian action by the President. The Con- b 0956 rected solely to that subject in which three- stitution includes also the allowance fifths of the whole number of each House IN THE COMMITTEE OF THE WHOLE for the Chambers to eject a Member agree to such excess. Congress and the Presi- that has been voted by the people, the Accordingly, the House resolved it- dent shall ensure that actual outlays do not ultimate kind of rejection. self into the Committee of the Whole exceed the outlays set forth in such state- The Constitution should not be House on the State of the Union for the ment. amended to allow a minority to control further consideration of the joint reso- ‘‘SECTION 2. No bill to increase tax revenue the budget process. lution (H.J. Res. 1) proposing a bal- shall become law unless approved by a three- anced budget amendment to the Con- fifths majority of the whole number of each f stitution of the United States, with House of Congress. COSIGNING A LOAN TO ONE OF Mr. WALKER in the chair. ‘‘SECTION 3. Prior to each fiscal year, the THE MOST CORRUPT REGIMES IN The Clerk read the title of the joint President shall transmit to Congress a pro- THE WORLD IS WRONG resolution. posed statement of receipts and outlays for The CHAIRMAN. When the Commit- such fiscal year consistent with the provi- (Mr. TAYLOR of Mississippi asked sions of this Article. tee of the Whole rose on Wednesday, and was given permission to address ‘‘SECTION 4. Congress may waive the provi- January 25, 1995, all time for general the House for 1 minute.) sions of this Article for any fiscal year in debate had expired. Mr. TAYLOR of Mississippi. I hope which a declaration of war is in effect. The Pursuant to the rule, the committee our Speaker is listening because the provisions of this Article may be waived for amendment in the nature of a sub- American people would like to know any fiscal year in which the United States stitute printed in the Joint Resolution faces an imminent and serious military when he is going to schedule the vote is considered as read, is not subject to threat to national security and is so declared on the Mexican $40 billion bailout. amendment while pending, and is de- by a joint resolution, adopted by a majority I say to the Speaker, ‘‘You want to batable for 1 hour, equally divided and of the whole number of each House, which call it a loan guarantee. Well, if you controlled by the gentleman from becomes law. want to loan one of the most corrupt ‘‘SECTION 5. Total receipts shall include all Texas [Mr. BARTON] and an opponent. receipts of the United States except those regimes in the world $40 billion, to No further amendment shall be in cosign a note personally, you’re wel- derived from borrowing and total outlays order except those designated in sec- shall include all outlays of the United States come to do so.’’ tion 3 of House Resolution 44. Each fur- If the President of the United States except those for the repayment of debt prin- ther amendment may be offered only cipal. would like to do so personally, Mr. by the named proponent or a designee, ‘‘SECTION 6. The amount of the debt of the Speaker, he is also welcome to do so. may be considered notwithstanding the United States held by the public as of the However, Mr. Speaker, do not ask the adoption of a previous amendment in date this Article takes effect shall become a American people to cosign a loan to the nature of a substitute, is consid- permanent limit on such debt and there shall one of the most corrupt regimes in the ered read, is not subject to amendment, be no increase in such amount unless three- world and be held accountable. and is debatable for 1 hour, equally di- fifths of the whole number of each House of A couple of years back, in fact less Congress shall have passed a bill approving vided and controlled by the proponent such increase and such bill has become law. than 11⁄2 years ago, the now Speaker and an opponent of the amendment. and President said we have to pass ‘‘SECTION 7. All votes taken by the House If more than one amendment is of Representatives or the Senate under this NAFTA or the Mexican economy will adopted, only the one receiving the Article shall be rollcall votes. fail. Well, I voted against it, but the greater number of affirmative votes ‘‘SECTION 8. Congress shall enforce and im- majority voted for it. They passed shall be considered as finally adopted. plement this Article by appropriate legisla- NAFTA, and now the Mexican economy In the case of a tie for the greater tion. has failed. They said we have to pass number of affirmative votes, only the ‘‘SECTION 9. This Article shall take effect NAFTA or we will lose jobs in America. last amendment to receive that num- of the fiscal year 2002 or for the second fiscal Well, unfortunately the majority voted year beginning after its ratification, which- ber of affirmative votes shall be consid- ever is later.’’. for NAFTA, and we have lost 700 manu- ered as finally adopted, except that if facturing jobs in my south Mississippi the amendment in the nature of a sub- The CHAIRMAN. Pursuant to the congressional district alone. stitute recommended by the Commit- rule, the amendment is not subject to I say, ‘‘Mr. Speaker, you all have tee on the Judiciary is one of the amendment while pending. been wrong twice. Let’s don’t be wrong amendments receiving the greater The gentleman from Texas [Mr. BAR- three times. If you’re not going to have number of votes, then it shall be the TON] will be recognized for 30 minutes a vote, then tell the American people amendment considered as finally and a Member opposed will be recog- you will not schedule a vote. But if adopted. nized for 30 minutes. you’re going to have a vote on this The Clerk will designate the commit- The chair recognizes the gentleman bailout, tell the American people when tee amendment in the nature of a sub- from Texas [Mr. BARTON]. it’s going to be, and let’s don’t have it stitute printed in the joint resolution. Mr. BARTON of Texas. Mr. Chair- in the middle of the night when the tel- The text of the committee amend- man, I ask unanimous consent that 15 evision cameras and the reporters are ment in the nature of a substitute is as of the 30 minutes that I control be al- gone.’’ follows: lotted to the gentleman from Fort f H.J. RES. 1 Worth, TX, Mr. PETE GEREN, for such Resolved by the Senate and House of Rep- use as he may see fit. ANNOUNCEMENT BY THE SPEAKER The CHAIRMAN. Is there objection PRO TEMPORE resentatives of the United States of America in Congress assembled (two-thirds of each House to the request of the gentleman from The SPEAKER pro tempore (Mr. SAM concurring therein), That the following article Texas? JOHNSON of Texas). Further 1-minutes is proposed as an amendment to the Con- There was no objection. will be in order after the close of regu- stitution of the United States, which shall be Mr. BARTON of Texas. Mr. Chair- lar business today. valid to all intents and purposes as part of man, I yield 2 minutes to the gen- the Constitution when ratified by the legis- f latures of three-fourths of the several States tleman from New Jersey [Mr. SAXTON]. Mr. SAXTON. Mr. Chairman, each PROPOSING A BALANCED BUDGET within seven years after the date of its submission for ratification: time I approach this podium with re- AMENDMENT TO THE CONSTITU- ‘‘ARTICLE — gard to this subject, I say the words TION ‘‘SECTION 1. Prior to each fiscal year, Con- ‘‘This is a historic debate,’’ and it truly The SPEAKER pro tempore. Pursu- gress shall, by law, adopt a statement of re- is a historic debate because we are ant to House Resolution 44 and rule ceipts and outlays for such fiscal year in about making a major change in the January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 701 way this House does business, and to their adversary to whom this secret Mr. PETE GEREN of Texas. Mr. the extent that the gentleman from budget cannot be disclosed. In the Chairman, I yield 2 minutes and 15 sec- Texas [Mr. BARTON] and the gentleman name of responsibility, none of us onds to the gentleman from Louisiana from Illinois [Mr. HYDE], the chairman should support a budget amendment [Mr. TAUZIN]. of the Committee on the Judiciary, with a secret plan. Mr. TAUZIN. Mr. Chairman, yester- have led the way on this, to me they Second, this amendment is an attack day as we began this debate on the bal- are true American heroes in the his- on Social Security as sure as we are in anced budget amendment, we heard a toric sense because it is very clear to this Chamber. Currently, Social Secu- lot of discussion about alternatives, in- me that in looking at the history of rity is off budget. This amendment, in cluding the possibility of a capital tax-and-spend policy and balancing the one of its rare instances of clarity, says budget amendment, the idea being budget, or our failure to do so, it is a clearly that Social Security outlays that, ‘‘Well, American families borrow direct result of the fact that it is easier and receipts are on budget, and if they money, don’t they? And they get to to increase taxes than it is to cut are on budget, they are up for grabs sign mortgages, don’t they? Why spending, and that is what this amend- when the budget balancing occurs. If couldn’t we here in Washington con- ment is about, providing an oppor- you buy the hortatory resolution tinue to borrow money and sign mort- tunity for the American people to ex- passed by the Republicans, then you gages like American families do, and pect us to vote by more than a simple are going to be in for a big surprise if then have a balanced budget built majority to increase taxes in order to you think that Social Security is not around that concept?’’ balance the budget. on the table. This amendment refuses There is only one problem with that In 1981, Mr. Chairman, there was a to put an ironclad protection into the theory. That theory is based upon the major effort to balance the budget, and text of the amendment that we on this notion that American families do that, we increased taxes. In 1983 there was a side of the aisle are insisting upon. so why not have the Government do major effort to balance the budget, and Then, with unfunded mandates being that? The difference is that when the House increased taxes. In 1990 there considered already on the floor, the American families sign a mortgage, was a major effort to balance the budg- constitutional amendment to balance when they buy a home or when they et, and the House increased taxes. In the budget is the mother of all un- 1993 there was a major effort to balance funded mandates. We are going to get buy a car and sign on the dotted line on the budget, and again the House in- unfunded mandates coming down by that mortgage agreement, they agree creased taxes. the dozens, and it will pass the respon- to pay the debt back. Here in Washing- Today we are facing in this fiscal sibilities but not the resources to the ton, when we mortgage the future, year a $180 billion deficit, and it is ex- States. Republicans will not put that when we accumulate debt year after pected to grow. protection in the amendment as well. year after year and pile it on, there is Our expectations of what this House So the other side has all the tools no agreement ever to pay it back. All will do to solve this problem cannot ig- needed to balance the budget now. we ever do is pay the interest on the nore history because every time we They are now the majority. They need loan. I ask you, ‘‘Wouldn’t you love to have gotten serious about it, we have not wait 7 years and two Presidential be a family that could borrow at will increased taxes, reached into the pock- elections to balance the budget. What from the bank and never be required to ets of American taxpayers, and said, tool or what power is missing today? In do anything more than pay the inter- ‘‘Give us more.’’ And each time, we the words of former Governor Weicker, est?’’ Who in America gets that right have spent more. We still have a deficit this amendment is like a quarterback except the Federal Government? Who after all these tax increases. on a football field in the middle of a in America gets away with that kind of So the amendment offered by the huddle, going into the stands and then financing except the Federal Govern- gentleman from Texas [Mr. BARTON] yelling, ‘‘OK, team, score a touch- ment? would simply put in place a new rule down.’’ It just does not work that way. We that would require us to pass future Let us not wait for the Constitution cannot continue to pile up debt and taxes by a three-fifths’ vote, and I com- to do it for us years down the road. Let think we can only pay the interest mend the gentleman for his amend- us do it for ourselves. when the interest is eating up the ment. We are still left with a troubling lack money we need to spend on decent and Mr. CONYERS. Mr. Chairman, I yield of definitions on outlays and receipts, good American policies for our own myself such time as I may consume. on standing, and on what role the people and expect that this debt is not (Mr. CONYERS asked and was given courts would play. Here we are bring- one day going to cripple us. No Amer- permission to revise and extend his re- ing in the judiciary, and they have no ican family can do it, not under any marks.) institutions whatsoever on how they capital budget plan that anybody has Mr. CONYERS. Mr. Chairman, I rise would indeed balance an unbalanced suggested to this Congress in this de- in opposition to the Barton amendment budget. bate. because it is a prescription for delay So the Republicans now are clearly It is for that reason that I hope Mem- rather than action, for ambiguity rath- scared of the big buckle, the buckle in bers will join with us and support the er than specificity, for abdication to the Congress, the buckle among several Barton-Hyde-Geren-Tauzin constitu- the courts rather than responsibility States, the buckle that could occur tional amendment that does three very that lies here in this Chamber. It could among the American people. important things: It says, first, ‘‘That turn economic recessions into depres- Mr. Chairman, let us put those num- we have to balance the budget, and we sions, it fails to define very important bers on the table. Let us get on with have to get about it now and do it terms, and it creates a minority reign the real business of deficit reduction, soon’’; second, it says, ‘‘Do it without over our fiscal and economic policy. like the $500 billion already achieved taxing us anymore unless you do it First and foremost, it refuses to by Congress in the previous 2 years and with a supermajority. Don’t tax us allow us to look under its hood the way the new administration, because we anymore, please, because we can’t take any family would if it were buying a can make a difference by not support- it’’; and, finally it says, ‘‘Quit borrow- car before making a decision. There are ing what I think is a very flawed plan ing. Quit borrowing money on the no numbers, no projections, no noth- for the great document called the Con- backs of our children, end this deficit ing. One Republican Member yester- stitution that controls the laws of this financing, and get us back into a posi- day, in a moment of unexpected can- country. tion where we are doing the honest dor, analogized the secret budget-cut- Mr. Chairman, I ask the Members, thing, spending only the money we ting plan to the San Francisco 49ers please do not support this amendment. were sent up here to spend.’’ football team, saying that they could Mr. Chairman, I reserve the balance Mr. CONYERS. Mr. Chairman, I am not make their game plan public. Well, of my time. delighted to yield 4 minutes to the gen- to continue the analogy, I guess the The CHAIRMAN. The Chair recog- tlewoman from Texas [Ms. JACKSON- American people would be the San nizes the gentleman from Texas, Mr. LEE], a member of the Committee on Diego Chargers, or, in other words, PETE GEREN, who controls 15 minutes. the Judiciary. H 702 CONGRESSIONAL RECORD — HOUSE January 26, 1995 b 1010 And I think we need to, in a biparti- not so. I defy anyone to show me the Ms. JACKSON-LEE. Mr. Chairman, I san way, keep a Republic that reflects language that requires that. All this thank the gentleman for yielding. on the needs of Americans, reflects on proposal does is to say that 7 years Mr. Chairman, at the conclusion of the needs of women and children, re- from now, when Congress passes an un- the Constitutional Convention, Ben- flects on the needs of States who are balanced budget, they simply have to jamin Franklin was asked, ‘‘What have not recognizing, like the State of have 60 percent of the people on this you wrought?’’ And he answered sim- Texas, that it will lose billions of dol- floor to agree to the deal, rather than ply, ‘‘A Republic, if you can keep it.’’ lars for working men and women, mid- 50 percent. That is all it says. Those words sometimes fall in a deaf- dle class men and women, senior citi- I would suggest to you all that does ening sound on our ears, trying to un- zens, who have invested their time and is raise the price of getting the deal. I derstand if Ben Franklin was talking their life in working for this country. have never yet seen a Member of Con- about Republican and Democratic poli- I wave the Constitution because it is gress agree to vote for a budget be- tics. Simply, Ben Franklin was offering a sacred document. I do not come here cause something got taken out that the fact that we are a Republic, a rep- in a lack of spirit of cooperativeness. I costs money. I have seen an awful lot resentative body, a body that should be would have wanted the Judiciary Com- of Members with their hands out say- representative of all of the people of mittee meeting to have gone on. But I ing to committee chairs or saying to the United States of America. think that we must look at the Con- Presidents, ‘‘Give me, Give me, Give Sitting on the Judiciary, Committee stitution and try to keep it. We must me. Put this in, I will vote for it.’’ Mr. Chairman, that was the approach do a balanced budget amendment that ‘‘Put this road in, I will vote for it.’’ which I took to be able to offer to the answers the concerns of the American That is why I think this, as presently American people a realistic statement people. drawn, will cost the taxpayers money. on where we wanted to go in balancing Mr. BARTON of Texas. Mr. Chair- Second, we ought not to make Mr. the budget, strongly debating the issue man, I yield 2 minutes to the gen- Alan Greenspan President of the Unit- of amending the Constitution of the tleman from Florida [Mr. MICA]. ed States. The Federal Reserve has United States, having been amended Mr. MICA. Mr. Chairman, during my enough power already. Yet what this only some 27 times in our history; of- first 2 years in Congress as a freshman, proposal says is that the Congress fering the thoughts of constituents I had the opportunity to serve as the could not do one blessed thing to save across this Nation, not to blind side coordinator for the balanced budget one American job in the midst of the America, but to have a real debate in amendment effort. During the last Con- most serious recession that we could the Judiciary Committee. Recognizing gress, unfortunately, our efforts to probably have. There is no flexibility that we had established a trust with pass any balanced budget amendment for the Government to do anything ex- the American people, veterans benefits were defeated. cept get on its knees and beg the Fed- for the likes of the gentleman in the On this historic day, however, the eral Reserve to loosen up on credit. gallery who had thrown himself on a question before us is not whether or I thought that FDR a long time ago grenade in World War II, vested in this not we will pass a balanced budget taught us how stupid that idea is. Nation, we talked about veterans bene- amendment. The question is which of Third, if we are going to pass an fits. two balanced budget amendments will amendment, it ought to protect Social We talked about military prepared- be adopted. I personally favor a bal- Security. I defy you to show me the ness, because Democrats want national anced budget amendment that places language that requires that Social Se- security, and we asked the majority some limit on Congress’ ability to raise curity be protected. Oh, yes, there is party, what would happen in a time of taxes. However, quite frankly, I can hortatory language in the fig leaf prop- crisis when the military, your boys and and will and intend to support any rea- osition that was passed yesterday girls, had to be prepared? Why not join sonable measure that finally brings fis- which says ‘‘Oh, the committee ought us in a bipartisan way and exempt that cal order to this body. to see to it that it is protected.’’ But so that this Nation can be prepared for On the first day of this session of there is nothing that guarantees that the needs of national security? Congress, Republicans kept their prom- they will be so. And as we all know, we Time after time we were voted down. ise. We required Congress to live under have heard the Republican leadership And then we come to Social Security, the same laws we impose for everyone of this House on national television and I have heard one of my colleagues else. We cut committee staffs. We say, ‘‘Well, we are not going to touch suggest, oh, we are protected by the opened meetings to the public. We Social Security for the first 4 or 5 vote that was offered yesterday. banned proxy voting. We required an years.’’ Why should we allow people to I come from a constituency that is audit of this Congress. We eliminated have a sneak attack on Social Security filled with hard-working senior citizens some of the wrongs of former Con- down the line? who are now retired and hard-working gresses. And we also required by rule of Lastly, they ought to have to tell us men and women who simply say, ‘‘Hold the House of Representatives a three- where this baby is actually going to on to my Social Security.’’ SHEILA fifths vote to increase taxes. cut, and they will not do that. They are JACKSON-LEE is not going to vote Now, as we move to the most impor- only going to show you after you vote against any measure that may help our tant item in the Contract With Amer- for it. senior citizens. I voted for that yester- ica, I urge my colleagues to first adopt I think the American public has a day, with great fear and trepidation in a balanced budget amendment, and, right to know which programs are my heart. For any time in the next second, to adopt it with a three-fifths going to be cut, by how much, and if week or year or two some small sen- limit on raising taxes. they are not given the right to know, I tence will say they have repealed that Now, as we amend this great charter, think every Member of this House has resolution. There is no depth there. let us hope that in the year 2002, people a duty to demand the right to know. But I am trying to help my constitu- look back and they say on this day we Get real. Get about cutting spending. ents. There is no guarantee to say that did the right thing. This is a ‘‘play’’ act. because you voted for that, then you Mr. CONYERS. Mr. Chairman, I am b have to be assured or can be assured, if pleased to yield 3 minutes to the gen- 1020 you will, that Social Security is pro- tleman from Wisconsin [Mr. OBEY]. Mr. PETE GEREN of Texas. Mr. tected. It is not to the depth I would Mr. OBEY. Mr. Chairman, I would Chairman, I yield 11⁄2 minutes to the like. Not for the hard-working citizens urge that this proposition be defeated, distinguished gentleman from Texas that I see every day, rolling up their because I think it ought to do what it [Mr. LAUGHLIN]. sleeves, getting on Metro buses in the pretends to do. But the fact is it does Mr. LAUGHLIN. Mr. Chairman, I rise city of Houston, working hard, long not. in strong support of the Barton-Tauzin hours. The American people are being told balanced budget amendment. There are But Ben Franklin said, ‘‘What have that this is an amendment that would some who say this is just a Republican we wrought.’’ And he answered, ‘‘A Re- require by constitutional edict that the proposal. I would point out that there public, if you can keep it.’’ budget be balanced. That is absolutely are Democrats in this House that for January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 703 the entire 6 years I have been a Mem- Mr. BARTON of Texas. Mr. Chair- When I look at the arguments that ber have been strong leaders, leaders man, I yield 2 minutes to the gen- are before us, I think we see a little like the gentleman from Texas [Mr. tleman from Washington [Mr. TATE], transparency. Speaker after speaker STENHOLM], the gentleman from Lou- one of the distinguished members of who has come down for this amend- isiana [Mr. TAUZIN], and others of us our freshman class, who is a named ment has come down to talk about how who have signed discharge petitions to sponsor of the amendment. the States balance their budgets. The bring the balanced budget amendment Mr. TATE. Mr. Chairman, I rise cities balance their budgets. The Fed- to the House floor. today to strongly encourage my col- eral Government should do the same. Our constituents demand that we op- leagues to support the tax limitation But I would offer for the RECORD erate the Federal Government much as balanced budget amendment. I urge something from the National Associa- they have to operate their family budg- support for this amendment because it tion of State Budget Officers, which ets and our city councils and our State is the only one requiring a three-fifths shows the percentages of State budgets governments and our county govern- vote to raise taxes, to borrow money, that come from the Federal budget. So, ments must do so. Consider that today or to increase the deficit. again, as I said yesterday, I do not we are spending $816 million a day on The tax limitation balanced budget think we are being honest with the gross interest payments. Consider that amendment is essential. For too many American people when we are talking that is eight times higher than our years this Congress has funded its about this issue. We are not being hon- Federal expenditures on education. bloated Federal programs on the backs est about what the procedure is in this Consider that those interest payments of our children. There has rarely been a amendment. are 50 times higher than our expendi- Federal program that Congress has not This will not take us to a balanced tures on job training and 55 times more liked—Washington, DC, has contin- budget. than we are spending on Head Start ually and relentlessly spent the money ENOUGH STATE SUPPORT TO WIN ITS and 140 times more money than we are of American families, and seemingly RATIFICATION spending on childhood immunizations. with no regret. It is time we make the MONEY FROM THE FEDERAL GOVERNMENT So we are living on credit. And so as nasty addiction of taxation a lot hard- The percentage of each state’s budget that I listen to my constituents, I hear er to satisfy. Currently, the deficit is came from the Federal Government in direct them saying, ‘‘we are paying enough over $4.5 trillion—over $13,000 for every aid in the 1992 fiscal year, the latest for taxes. Impose restrictions so that you man, woman, and child in the United which figures are available. who go to the Congress in Washington, States. Mr. Chairman, your grand- Percent DC, will use the money that we have children will be paying our debt. This Alabama ...... 58 given you already.’’ dangerous accumulation of debt must Alaska ...... 17 Mr. CONYERS. Mr. Chairman, I yield be brought to an end. Congress has be- Arizona ...... 29 Arkansas ...... 28 3 minutes to the gentleman from North come a fat-cat. It is time we put this California ...... 33 Carolina [Mr. WATT], a member of the one on an Ultra Slim-Fast diet. By Colorado ...... 26 Committee on the Judiciary. making it harder for Congress to take Connecticut ...... 16 Mr. WATT of North Carolina. Mr. the working people’s money, we will Delaware ...... 15 Chairman, the amendment before the force, not ask, Congress to spend tax- Florida ...... 20 House at this time would require a payers’ money responsibly. Every sin- Georgia ...... 28 three-fifths majority to raise taxes. I gle American lives on a budget, why Hawaii ...... 15 want to spend a minute or two talking shouldn’t the Federal Government? Idaho ...... 31 Illinois ...... 21 about democracy, not taxes, not bal- Forty-nine States operate under a bal- Indiana ...... 31 anced budget amendments, but democ- anced budget, why shouldn’t the Fed- Iowa ...... 21 racy, about due process, about equal eral Government? The answer is—it Kansas ...... 26 protection of the law, about majority should. Kentucky ...... 26 rule. This amendment is bold. It will be Louisiana ...... 33 Every time we put a provision in our criticized. But it is needed. November 8 Maine ...... 30 Constitution that goes away from a said something, Mr. Chairman. This Maryland ...... 20 simple majority, what I want to submit freshman class made a collective com- Massachusetts ...... 21 Michigan ...... 27 to my colleagues and to the American mitment to come here and make a dif- Minnesota ...... 20 people is that we are doing something ference. I made a commitment—a com- Mississippi ...... 39 that is undemocratic. mitment to cut the size of the Govern- Missouri ...... 27 There is diversity in this body. Four ment—and let taxpayers keep more of Montana ...... 28 hundred and thirty-five Members of what they earn. Nebraska ...... 23 this body come from all parts of this Americans work hard for their Nevada ...... N.A. country: different colors, different gen- money, and we need to make it hard New Hampshire ...... 34 ders, different perspectives, different for the Government to take more of it. New Jersey ...... 19 New Mexico ...... N.A. regions, personalities, and we reflect This amendment is what the people New York ...... 27 the diversity of this great Nation. have asked for. North Carolina ...... 26 Any time we upset that 50 percent Mr. CONYERS. Mr. Chairman, I yield North Dakota ...... 32 plus one majority rule proposition, we 1 minute to the gentleman from Texas Ohio ...... 23 take away the power or we give extra [Mr. BENTSEN]. Oklahoma ...... 26 power to some other part of this Na- (Mr. BENTSEN asked and was given Oregon ...... 16 tion and some other view in this Na- permission to revise and extended his Pennsylvania ...... 26 tion. remarks.) Rhode Island ...... 26 South Carolina ...... 31 So I am here today to talk about ma- Mr. BENTSEN. Mr. Chairman, I want South Dakota ...... 38 jority rule and the importance of to thank the gentleman from Michigan Tennessee ...... 36 standing up for majority rule. This is for yielding time to me. Texas ...... 26 not about a balanced budget amend- My colleagues, again, I have to come Utah ...... 23 ment. It is about my ability to have down here and oppose this amendment Vermont ...... 31 the same right and the same respon- and oppose the Barton amendment. I Virginia ...... 17 sibility as my colleagues in this body. have to tell my colleagues, I am not Washington ...... 20 This is counter democratic. It is going to discuss it from a constitu- West Virginia ...... 32 Wisconsin ...... 20 counter equal protection. It is counter tional perspective because I am not a Wyoming ...... 21 majority rule. And I encourage my col- lawyer. Source: National Association of State Budget Offi- leagues to get real and defend the con- I, like some of my new colleagues cers. stitution rather than amend the con- from the other side, came from the pri- In the abstract, all’s fine. But what about stitution to give us their notion of vate sector. I am a banker. This is a higher state taxes and lesser services? Ver- what fiscal policy ought to be. new business to me to be involved in. mont and West Virginia are among a handful H 704 CONGRESSIONAL RECORD — HOUSE January 26, 1995 of states where the amendment does not (Mr. DEAL of Georgia asked and was since 1977, 9 of 15 tax bills would have been seem to stand a chance. In West Virginia, for given permission to revise and extend blocked. instance, the strong opposition of United his remarks.) Seven bills raising taxes by a total of $558.9 States Senator Robert C. Byrd means that Mr. DEAL of Georgia. Mr. Chairman, the matter will probably never come to a failed to receive a constitutional majority and vote. In Vermont, Gov. Howard Dean, a Dem- I thank the gentleman for yielding would not have passed if the tax limitation pro- ocrat, has taken the lead in warning office- time to me. vision in Schaefer-Stenholm had been in ef- holders in other states that a balanced-budg- Mr. Chairman, I would like to rise in fect. et amendment might mean that the Federal support of the Barton-Geren-Tauzin TAX BILLS THAT WOULD HAVE FAILED IF Government would simply foist obligations constitutional amendment. Unfortu- HOUSE JOINT RESOLUTION 28, SCHAEFER- onto the states. nately, for the last few days we have STENHOLM AMENDMENT, HAD BEEN IN EF- In New York, the Legislature’s lower heard a lot of partisan rhetoric about a FECT house, the Assembly, will probably reject the balanced budget. I would like to re- amendment if it ever reaches a vote there. 1. 1977—SOCIAL SECURITY TAX Sheldon Silver, the Democratic Speaker, mind my good friends on the Repub- Summary said he was ‘‘concerned that in times of re- lican side of the aisle that no constitu- cession, when deficit spending is used to tional amendment will be passed with- Increased Social Security payroll tax rates stimulate the economy, that particular out the assistance and the hard work of and the taxable wage base for both employ- method would be lost to us.’’ Members like the gentleman from ers and employees. In most of the other large states, including Texas [Mr. PETE GEREN], the gen- Size of tax increase California, Pennsylvania and Illinois, which, tleman from Louisiana [Mr. TAUZIN], $80.4 billion like New York, have full-time legislatures and especially the gentleman from with highly trained professional staffs, the Votes failing to receive constitutional majority leading politicians are withholding judgment Texas [Mr. STENHOLM], who have la- bored long and hard in the trenches, in The Senate initially passed the bill by a on the amendment until they figure out the vote of 42–25 on November 4, 1977. degree to which it would require them to fact, for more than 30 days. The House passed the conference report by raise their own states’ taxes or lower their b a vote of 189–163. own spending. 1030 In interviews, many officials agreed with It is with our bipartisan support that 2. 1982—TAX EQUITY AND FISCAL RESPONSIBILITY Robert C. Jubelirer, the President pro tem of an amendment, which I think will pass ACT the Pennsylvania Senate. ‘‘These guys aren’t today, will come about. Mr. Chairman, Summary going to ratify a balanced-budget amend- if a balanced budget amendment oc- Made a variety of tax changes, including ment,’’ Mr. Jubelirer, a Republican, said of repealing or curtailing several tax breaks his colleagues, ‘‘and then be told you have to curs, there will then be hard decisions raise taxes in Pennsylvania. If we’re told that will have to be made to implement and other tax changes to increase revenues that is not the case, I think ratification is it in this body. by $99 billion and cut welfare, Medicare and do-able.’’ I would remind Members that last Medicaid spending by $17 billion. Officials in Connecticut took a similar year we had the opportunity to vote on Size of tax increase stance. In New Jersey, Gov. Christine Todd trying to just slow down the largest- $99 billion Whitman, a Republican, strongly supports growing part of our budget, that of en- Votes failing to receive constitutional majority the amendment in principle, her spokes- titlements, to slow them down to the woman said, and would like to lead the growth of inflation plus 1 percent on Senate initially passed the bill by a vote of charge for it. 50–47 on July 22, 1982. The issue of a constitutional amendment top of that. I would remind Members requiring a balanced Federal budget has been that 80 percent of the votes that came 3. 1982—TRANSPORTATION ASSISTANCE ACT OF before the states in one form or another for for that proposal came from the Demo- 1982 years. Twenty-nine legislatures have voted cratic side of the aisle. Summary for a measure calling for a constitutional Therefore, let us put aside partisan Authorized $71.3 billion for highway con- convention to deal with the matter. But politics and get on with it. Let us ask struction over 1983 to 1986 and increased gas- most of those states acted before 1980, and oline taxes. the legislatures of three states—Alabama, the question: Will these two proposals, Florida and Louisiana—subsequently voted the one we are talking about now and Size of tax increase to rescind their votes on the convention. the one that will follow, really make $22 billion Many state officials say they want any any difference? constitutional amendment to include a pro- Since 1977 there have been 15 tax in- Votes failing to receive constitutional majority vision prohibiting the Federal Government creases approved by Congress. Had we The House adopted the conference report from passing on new obligations to the had the Barton-Tauzin-Geren amend- by a vote of 180–87 on December 21, 1982. (R 73–46, D 107–41.) states without money to cover them. A ment in place, 9 of those 15 would have measure limiting, although not outlawing, 4. 1987—OMNIBUS BUDGET RECONCILIATION ACT what are called unfunded mandates is now been blocked. pending in Congress and will almost cer- BACKGROUND Summary tainly become law. But chances are remote Since 1977, Congress has passed 15 bills Made a variety tax changes to increase that such a provision would be written into increasing taxes: revenues by $11.9 billion, made several spend- a constitutional amendment. Four received more than 60 percent votes in ing cuts in entitlement programs and raised Once Congress approves a constitutional several user fees. amendment, there is no limit on how long the House and Senate in each vote and would the states have to ratify it. But the prevail- not have been affected by either Barton-Geren Size of tax increase ing view among proponents and opponents of or Schaefer-Stenholm. $11.9 billion. the balanced-budget measure is that if 38 leg- Two were passed by voice vote once but re- Votes failing to receive constitutional majority islatures do not adopt it in the first year or ceived more than 60 percent vote in every two, it will never be added to the Constitu- The House initially passed the bill by a other vote in the House and the Senate. vote of 206–205. (R 1–164, D 209–40.) tion. Two bills received less than 60 percent ‘‘The political momentum slides across the vote, but more than a constitutional majority, 5. 1992—H.R. 4210 TAX FAIRNESS AND ECONOMIC country when time drags,’’ said George D. GROWTH ACT Caruolo, leader of the Democratic majority in at least one vote in the House or Senate. in the Rhode Island Senate. ‘‘People become Seven bills received less than a constitu- Summary more interested in parochial concerns, and tional majority in at least one vote in the Permanently increased top tax rate and the whole thing becomes more complicated.’’ House or Senate. imposed a surtax on incomes above $250,000 Parochial concerns are, indeed, the chief CONCLUSION in addition to other tax increases to offset a enemy of the balanced-budget amendment. two-year temporary middle class tax cuts, ‘‘When it comes to that vote,’’ said David Using recent history as a guide, both Bar- expanded IRAs and other tax breaks. ton-Geren and Schaefer-Stenholm will be ef- Harris, the Republican Secretary of Finance Size of tax increase and Administration in New Mexico, the first fective in blocking tax increases. The tax limi- question legislators will ask will be, ‘‘What tation in Barton-Geren would have been only $77.5 billion. does it do to us? marginally more effective in blocking tax in- Votes failing to receive Constitutional Majority Mr. PETE GEREN of Texas. Mr. creases than Schaefer-Stenholm since 1978. The House passed the conference report by Chairman, I yield 11⁄2 minutes to the If a three-fifths supermajority requirement for a vote of 211–189 on March 20, 1992 (R 1–149, D gentleman from Georgia [Mr. DEAL]. tax increases had been in the Constitution 209–40. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 705 6. 1992—H.R. 11, URBAN AID TAX BILL However, I am equally concerned, or That simply is not true. As chairman of the Summary more concerned, when I know that the Social Security Subcommittee, I would not Created enterprise zones, changed passive toughest vote I will ever cast is wheth- support any measure which would jeopardize loss rules and made other changes in the tax er or not to go to war, and yet it is the safety and soundness of the Social Secu- code. Increased taxes on securities firms, only a 50-percent majority to take the rity trust fund and the longstanding contract owners of real estate, increased estimated son or daughter from the mother or fa- that we have with our senior citizens. taxes for individuals and corporations, ther to send them to war. capped the business deduction for moving ex- That contract was made long before the Certainly, Mr. Chairman, majority Contract With America was ever conceived. penses and other tax increases. rule is what has governed this country. Size of tax increase We must and we will honor it. Majority rule is what should continue. The balanced budget amendment is the $27 billion. For those reasons, I oppose the Barton best insurance that I know for protecting the Votes failing to receive Constitutional Majority substitute. long-term solvency of the Social Security trust The CHAIRMAN. The Chair would The House adopted the conference report fund. Budget deficits and the need to borrow announce that the gentleman from by a vote of 208–202 on October 6, 1992. (R 39– and pay interest on that borrowing are the real 122, D 169–79). Texas [Mr. BARTON] has 9 minutes re- threats to Social Security. maining, the gentleman from Texas 7. 1993—OMNIBUS BUDGET RECONCILIATION I suspect that the reason that the [Mr. PETE GEREN] has 93⁄4 minutes re- Summary spendaholics have taken these low-road at- Increased taxes through an increase in the maining, and the gentleman from Michigan [Mr. CONYERS] has 12 minutes tacks on the balanced budget amendment is top tax rate, an increase in the gas tax, taxes because they are afraid that their pet pork pro- on Social Security benefits and other tax remaining. changes, made changes in entitlement pro- Mr. BARTON of Texas. Mr. Chair- grams will be found lacking merit when we sit grams and placed caps on discretionary man, I yield such time as he may down to decide what we need and what we spending. consume to the distinguished gen- can live without. Size of tax increase tleman from Kentucky [Mr. BUNNING]. What a shame that some would stoop so $241 billion. (Mr. BUNNING of Kentucky asked low as to try to frighten elderly Americans to protect programs that are likely to be found Votes failing to receive Constitutional Majority and was given permission to revise and unworthy of our support when deciding how to The Senate initially passed the bill by a extend his remarks.) vote of 50–49 on June 25, 1993. Mr. BUNNING of Kentucky. Mr. spend the people's money. Chairman, I thank the gentleman for We all know that the Social Security trust Mr. CONYERS. Mr. Chairman, I yield yield time to me. fund operates in the black. It should not even 2 minutes to the gentleman from West Mr. Chairman, I rise in strong sup- be a part of this debate. The real issue is Virginia [Mr. WISE]. port of the Barton substitute. whether we will live up to our responsibilities Mr. WISE. Mr. Chairman, I thank the Mr. Chairman, I rise today in strong support or not. gentleman for yielding time to me. of the balanced budget amendment. It is a Anyone who does not have the guts to live Mr. Chairman, I rise in opposition to step that Congress should have taken before the Barton substitute for several rea- up to the responsibilities needs to find a new now. The American people are depending on line of work. And they need to stop trying to sons. First of all, I will be offering one us to take the necessary action to put our fi- later in the day that does two things: scare senior citizens. nancial house in order. We must reject the business-as-usual ap- It takes Social Security off budget, and Almost exactly 1 year ago I signed a dis- it says that the Federal Government proach by the naysayers who have run us into charge petition to force the Democratic leader- debt over the last quarter century. We have may be involved in capital budgeting ship to allow us to vote on a balanced budget for physical infrastructure. tried it their way and we have huge debts, amendment that had been locked away. What yearly deficits and interest payments on the What that means is that we build for a difference an election makes. growth in our balanced budget amend- debt that eat up 18 percent of each year's I want to thank my good friend, the gen- budget. ment, and we permit those things that tleman from Illinois, Mr. HENRY HYDE the help add to an economy, the roads, the It has been a long time coming; but, the Chairman of the Judiciary Committee, for mak- time has finally come. I ask my colleagues to bridges, the airports, the water, the ing sure that we will get to vote on the bal- sewer systems, the buildings. Those let us make this change that will turn our anced budget amendment in a timely manner wagon away from the valley of debt and head things that are necessary for growth as the people have indicated that they want. back toward the economic high ground. can be accounted for and reflected and This is a measure that I have supported encouraged, not discouraged. Mr. BARTON of Texas. Mr. Chair- since the day I arrived in Washington as a man, I yield such time as he may Mr. Chairman, I also want to talk for freshman Member of this great body. It is a consume to the gentleman from Flor- just a second about the provision of the measure that the American people have over- ida [Mr. CANADY], a subcommittee Barton amendment that does trouble whelmingly called on us to pass. And now, the chairman of the Committee on the Ju- me. That is the supermajority. Yes, it time has come for us to pass this amendment. diciary. is a great bumper sticker, three-fifths Every year we pass a budget that is not bal- vote to raise taxes, 60 percent vote in- anced and every year we put our children and (Mr. CANADY of Florida asked and stead of a 50-percent vote; 60 percent, a grandchildren further in debt. No more. was given permission to revise and ex- supermajority, instead of a regular ma- Cutting the spending and establishing prior- tend his remarks.) jority. ities about how we spend the people's money Mr. CANADY of Florida. Mr. Chair- Where does this stop, Mr. Chairman? are ideas whose time have come. In fact, they man, I rise in strong support of the Should we have a 60-percent majority, are past due. Barton amendment. for instance, to change Social Secu- Why do we need a balanced budget amend- Mr. Chairman, I am pleased to rise in sup- rity? Perhaps so. Should there be a 60- ment to do that? We need it because it has port of the Barton balanced budget amend- percent majority required before a pro- become crystal clear that the Congress is not ment to the U.S. Constitution. gram can be cut, whether it is welfare capable of making the cuts to balance the The enactment of a balanced budget or defense or something along those budget without the discipline of a balanced amendment is a top priority of the American lines? Should there be a 60-percent ma- budget amendment. people and it is very fitting that this amend- jority for just about anything that we Opponents of the balanced budget amendment is among the first matters to be taken up feel is important? ment have resorted to the same old tired argu- by the House during the 104th Congress. I guess what is most concerning to ments that we can make the tough choices The balanced budget amendment is a top me, Mr. Chairman, on this is that without the amendment. Well, we have not priority for the American people because they where does the 60-percent majority made those choices in over a quarter of a are frustrated and dismayed by the inability of stop and what are the priorities? I get century. Congress to do business in a responsible concerned when somebody tells me Some of the enemies of the amendment manner and to balance the Federal budget. they want a 60-percent majority in the have even resorted to trying to scare our sen- The American people are rightly fearful that Constitution to take money from a ior citizens into believing that a balanced our children will pay dearly in the future for our mother and father. Laudable, yes. budget amendment would cut Social Security. imprudence and lack of discipline today. H 706 CONGRESSIONAL RECORD — HOUSE January 26, 1995 We have all heard the statistics concerning our more thoughtful Members on the ernment, that we may instead wreck the national debt. But those statistics bear re- subject of constitutional issues. havoc on the Constitution. peating. During the past decade the national Mr. ISTOOK. Mr. Chairman, as we I think particularly the amendment debt has tripled. The Federal Government now move to balance the budget, pressure offered by the gentleman from Texas owes a staggering $4.7 trillion. Interest alone to raise taxes will intensify. Even with [Mr. BARTON] requiring a three-fifths on the debt is over $200 billion annually. We taxes as high as they are, we currently majority to either raise taxes or to run now spend more on interest than we do on raise only about $3 in taxes for every $4 a deficit is particularly egregious. It many major functions of the Federal Govern- we spend. indicates the lengths to which we are ment. Faced with equalizing taxes and going to put into place an amendment The massive and mounting Federal debt spending, big spending groups will to our sacred Constitution. The Barton threatens to severely damage our economy lobby us with more fervor than ever be- amendment is an irresponsible proposal and to undermine the soundness of all govern- fore, trying to scare folks into believ- that must be rejected. I urge my col- mental programs and activities. ing that taxes must go up rather than leagues to vote against this proposal. Congress has engaged in extended efforts have spending come down. Mr. PETE GEREN of Texas. Mr. to control Government spending and to reduce Mr. Chairman, Congress is not known Chairman, I yield such time as he may and eliminate the Federal deficit. Those legis- for resisting such pressure. We need a consume to the gentleman from New lative efforts have beenÐby any reasonable safeguard to make it tougher to raise Jersey [Mr. ROB ANDREWS], one of the standardÐa total failure. taxes than to cut spending. We need a real leaders for fiscal responsibility. Placing limitations on debt is a time-honored two-thirds supermajority of 60 percent (Mr. ANDREWS asked and was given tradition in the Congress. Unfortunately, it has on proposals to raise taxes. permission to revise and extend his re- also been a time-honored tradition regularly to Mr. Chairman, in Oklahoma, continu- marks.) increase the statutory ceiling on the Federal ous tax increases prompted the people Mr. ANDREWS. Mr. Chairman, I rise debt. Indeed, since 1960 Congress has on 64 to pass a restriction. Oklahoma now rein support of the Barton amendment. separate occasions acted to raise the limit on quires that to raise taxes there must be Mr. PETE GEREN of Texas. Mr. the debt. a 75-percent supermargin in the legisla- Chairman, I yield 2 minutes to the gen- The Gramm-Rudman Act of 1985 estab- ture or a statewide vote approving it. tleman from California [Mr. CONDIT]. lished steadily declining deficit targets sup- It worked. Taxes in Oklahoma have (Mr. CONDIT asked and was given posedly culminating in a balanced budget for stopped going up. permission to revise and extend his re- 1991. But Congress has continually revised Mr. Chairman, we need similar pro- marks.) this law, circumventing its goals and indefi- tection for the American people. The 60 Mr. CONDIT. Mr. Chairman, I rise in nitely postponing the illusive balanced budget. percent requirement is tame. It is rea- strong support of the balanced budget In the past 10 years, Congress has passed sonable. We need it. We need the Bar- amendment. five balanced-budget statutes. But we are no ton amendment. As we all know, the greatest and closer to balancing our budget. With its insa- Mr. CONYERS. Mr. Chairman, I am gravest problem confronting our Na- tiable appetite, Congress continues to spend pleased to yield 2 minutes to our dis- tion is our skyrocketing budget deficit moneyÐborrowing and taxing more and more. tinguished colleague, the gentleman and national debt. In the last 14 years, The history points up a basic institutional from Pennsylvania [Mr. KANJORSKI]. the national debt has quintupled. In- failure on the part of both the legislative and Mr. KANJORSKI. Mr. Chairman, I terest on this debt is now one of the the executive branches of the Federal Govern- rise today in opposition, of course, to largest portions of the Federal budget. mentÐand a failure that has involved Mem- the amendment of my friend, the gen- If we do not take decisive action we bers of both political parties. And this history tleman from Texas [Mr. BARTON]. I will condemn our children and grand- points unavoidably to the conclusion that we have had the occasion to express my children to pay for our excesses. For must take a fundamentally different approach concern on the House floor on past oc- the sake of future generations, we to the budget process. casions on the balanced budget amend- must correct this situation and passing In short, we must provide for external dis- ment. the balanced budget amendment will cipline to rein in the deficit. Adoption of the I have always, Mr. Chairman, and I do just that. balanced budget amendment will imposeÐby say with pride, voted to defend the I do not take the step of supporting a constitutional mandateÐthe requisite discipline Constitution of the United States as it balanced budget amendment to our sa- on Congress. presently exists, as opposed to the sug- cred Constitution lightly. I would pre- The Barton amendment would discourage gestions that we solve our fiscal prob- fer that we not have to take this step. the Congress from deficit spending, increasing lems in this country, and we solve our But the fact of the matter is that we taxes, and raising the limit on the national lack of intestinal fortitude in this Con- have adopted, time and again, statu- debt. It would force Members of Congress to gress, by changing permanently the tory measures to balance the budget make tough necessary and long-avoided legis- one instrument that 5 billion people in and they have all failed because Con- lative choices about how to spend the hard- this world envy the most, the Constitu- gress has failed to live up to the letter earned dollars of American taxpayers. tion of the United States. of the law. The three-fifths vote required to raise taxes At this point in the history of the After careful consideration and anal- is a vital part of the amendment. It discour- United States, more than 10,000 amend- ysis, I am convinced that a balanced ages Congress from relying on tax increases ments have been offered to the Con- budget amendment is the only way rather than spending cuts to balance the stitution of the United States in more that we can instill the discipline need- budgetÐand forces Congress to limit the than 208 years. Of those 10,000, only 27 ed to balance the budget. With a con- growth of the Federal Government. have been enacted. stitutional amendment, there can be We should only amend our Constitution Mr. Chairman, it is clear to me that no escape from fiscal accountability. when there is no other means to deal with an as a result of the change of the struc- This morning, the American people urgent need. A constitutional amendment ture of the House and the makeup of have heard a lot of horror stories and should be adopted only as a last resort. the House today on both the majority gloom and doom scenarios about what But I would submit to this House that we are side and the minority side, that there will happen under a balanced budget faced with an urgent need to balance the will likely be a two-thirds majority of amendment. The real truth, however, budget, and with a long, disgraceful history of this House for some form of a balanced is that these scare tactics are not an failed legislative attempts to force a balanced budget amendment to the Constitu- argument against a balanced budget budget. We must move beyond these failed tion. amendment—they are instead an argu- legislative approaches. We must reject the Mr. Chairman, I fear the destruction ment against a balanced budget. So if scare tactics of those who oppose a balanced of the Constitution, and I think that, you are opposed to what we are trying budget. We must amend the Constitution to as we learned from Prohibition in the to do here today—fine. But, I wish that require a balanced budget. 1920’s, we may realize that what we the opponents of a balanced budget Mr. BARTON of Texas. Mr. Chair- think is a good solution and a fast so- amendment would quit trying to scare man, I yield 1 minute to the gentleman lution to inject intestinal fortitude the American people with these gloom from Oklahoma [Mr. ISTOOK], one of into this Congress and into this Gov- and doom scenarios. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 707 When we vote this morning, I will ance receipts and outlays. So I will Mr. Chairman, I rise in support of the support the three-fifths tax limitation. support the Stenholm-Schaefer amend- amendment offered by my good friend from Should the three-fifths fails to receive ment as I did in the last Congress. But Texas, Mr. BARTON. the requisite number of votes for pas- I will also support for the first time the The Barton amendment would require Con- sage—and I think it will—I will then Barton-Tauzin-Geren amendment to gress to balance the Federal budget by the support the Stenholm version. I will raise the threshold for raising taxes to year 2002. It would require a three-fifths vote oppose the other substitutes, which I a supermajority of 60 percent. of Congress to run a budget deficit, and a believe are nothing more than an at- Constitutional amendments are dif- three-fifths vote to increase the public debt. tempt to water-down and diminish the ferent from laws or House rules for rea- Most importantly, it would require a three-fifths full effectiveness of a clean balanced sons carefully cited in this debate. But vote to raise taxes. budget amendment. having watched Congress’ frequent in- Since 1930, the Federal budget has been ability to rein in spending and to face b 1040 balanced only eight times. The last time the tough choices, I feel that to be effec- budget was balanced was 1969Ð26 years Mr. Chairman, I would be remiss if I tive the amendment must put maxi- ago. During the 8 years in which the budget did not close and say that the gen- mum pressure on us to reduce spending tleman from Texas [Mr. PETE GEREN] first and that is what raising the tax was balanced, Federal spending averaged and the gentleman from Louisiana [Mr. threshold will do. 16.2 percent of gross domestic product [GDP] TAUZIN] have worked very hard on this A related and critical issue is the treatment and revenues averaged 17.5 percent. issue and we would not be standing of Social Security in any budget balancing According to the Congressional Budget Of- here today debating this issue had it process. Valid issues about fairness and via- fice, spending will be 21.7 percent of GDP this not been for all the work the gen- bility of our Social Security system need to be year and revenues will be 19.2 percent.This tleman from Texas [Mr. STENHOLM] has addressed at a future time, but the Social Se- means Federal spending is 34 percent higher done. He is the unquestioned leader in curity trust fund which is funded by a 15-per- today than it was on average during the 8 this Congress on the balanced budget cent annual flat tax on America's workers years in which the budget was in balance. amendment. must be protected. I support the Wise amend- Revenue is 10 percent higher today than it Mr. BARTON of Texas. Mr. Chair- ment because it takes Social Security off- was on average during those 8 years. man, I yield 1 minute to the gentleman budget and support House Concurrent Resolu- Clearly, the problem is not that taxes are from Colorado [Mr. SCHAEFER], another tion 17. too low, the problem is spending is too high. of the outstanding leaders in the bal- Let me add two final thoughts. First, by tak- Let me briefly review the dismal record of anced budget effort, who is also, as ing clear action today the House is standing past efforts to increase taxes in order to re- manager, the leader of the congres- up to its responsibility to start the debate. No duce the deficit. In 1982, Congress increased sional Republican baseball team. doubt what we finally do will be further ampli- taxes by $98 billion; in 1984, Congress in- (Mr. SCHAEFER asked and was given fied in the Senate, in conference, and in our permission to revise and extend his re- creased taxes by $49 billion; in 1987, Con- marks.) statehouses. Everyone must participate in the gress increased taxes by $28 billion; in 1989, Mr. SCHAEFER. Mr. Chairman, this national debate on the best form of the bal- Congress increased taxes by $14.2 billion; in morning I rise in strong support of the anced budget amendment, and the blueprint 1990, Congress increased taxes by $164 bil- contract version of the balanced budget to achieve a balanced budget. lion; and finally, in 1993, Congress increased amendment and that three-fifths vote Second, deficit reduction cannot wait on rati- taxes by $241 billion. Despite a decade of tax requirement for tax increases. fication of a balanced budget amendment. I increases, the deficit is still projected to ex- The Federal budget can and should be will continue to support responsible bipartisan ceed $200 billion a year for the rest of this balanced through spending cuts and measures to cut spending nowÐin the interest century. not through tax increases. That was of my constituents, our children, and our fu- Raising taxes to solve our deficit problem the message of the voters last fall: Cut ture. hasn't worked in the past, and there's abso- spending first. That preference for Mr. BARTON of Texas. Mr. Chair- lutely no reason to think it would work any bet- spending cuts even if only effective man, I yield 1 minute to the distin- ter in the future. Indeed a study by the Joint after the year 2002 should be embodied guished majority whip, the gentleman Economic Committee shows that since the in the U.S. Constitution. from Texas [Mr. DELAY], a strong sup- end of World War II, Congress has increased I thank very much my friend from porter of tax limitation. spending by $1.59 for every dollar of addi- Mr. DELAY. Mr. Chairman, I want to Texas [Mr. BARTON] for his leadership tional taxes. congratulate the gentleman from on this particular issue. We have The Democratic leadership insists that a Texas for all the hard work that he has worked long and hard on this. I encour- constitutional amendment to require a bal- put into this amendment and I hope age each and every one of my col- anced budget is a copout. They claim that that Members on that side of the aisle leagues to support the Barton sub- Congress already has the power it needs to will recognize that this is the constitu- stitute. balance the budget. This may be true, but it tional amendment that really has My colleagues, let us do this for our should be abundantly clear by now that in the children and for our grandchildren. teeth in it. We try to play these games back and forth about the Constitution absence of a constitutional amendment Con- Vote for the Barton amendment. gress will never make the tough choices. Con- Mr. PETE GEREN of Texas. Mr. and what kind of balanced budget it should be. gress has not only failed to balance the budg- Chairman, I yield 1 minute to the gen- et in 26 years, it has systematically passed tlewoman from California [Ms. HAR- This amendment is the real amend- and then ignored four separate laws requiring MAN]. ment. Congress, for instance, passed a it to balance the budget. (Ms. HARMAN asked and was given law requiring a balanced budget in 1981, In 1978, Congress passed a law requiring a permission to revise and extend her re- 1985, 1987, and in 1990, and we never get marks.) there. balanced budget by 1981. In 1985, Congress Ms. HARMAN. Mr. Chairman, I come The most important part of this is passed a law requiring a balanced budget by to the issues involved in a balanced that the Government is too big, it 1991. In 1987, Congress passed a law to re- budget amendment cautiously, mindful spends too much, and it is too intrusive quire a balanced budget by 1993. In 1990, that many who support strong deficit in our lives. We have to make it very Congress passed a law to balance the budget reduction, as I do, still oppose amend- difficult for anyone in this Congress to by 1995. None of these laws have produced ing the Constitution. Like so many raise more money from the American the intended result. other issues we deal with, the consider- people. Right now they pay over 53 per- Unlike the failed statutory efforts of the past, ations are not black or white but, in cent of their income, which goes to the a constitutional amendment will force Con- the words of Bill Joel, ‘‘shades of cost of government. It ought to be very gress to set budget priorities and make the gray.’’ hard to raise any more taxes. We ought tough decisions. Congress will finally have to On balance, I vote yes because I be- to look at spending first and cutting choose between the special interests and the lieve the tough choices to reduce our $5 that spending. national interest. trillion debt will not be made without Ladies and gentlemen, I urge you to I urge my colleagues to support the Barton the constitutional requirement to bal- vote for the Barton amendment. amendment. H 708 CONGRESSIONAL RECORD — HOUSE January 26, 1995

BALANCED BUDGET LAWS continuing obligation that you have on [Mr. JOSE´ SERRANO] a member of the public service. Committee on the Judiciary. Law Goal Result Mr. BARTON of Texas. Mr. Chair- Mr. SERRANO. Mr. Chairman, this Public Law 95–435 ...... 1981 1981 man, I yield such time as he may whole issue of the balanced budget October 10, 1978 ...... $0 ¥$79 consume to the gentleman from New amendment and the three-fifths super billion Public Law 99–177 ...... 1991 1991 Hampshire [Mr. BASS], another out- majority is one that if you really ana- December 12, 1985 ...... $0 ¥$269 standing Member of the freshman lyze it can confuse you a lot. billion class. Public Law 100–119 ...... 1993 1993 First of all, we all come here with an September 29, 1987 ...... $0 ¥$255 (Mr. BASS asked and was given per- equal vote and now we are being told in billion mission to revise and extend his re- order to accomplish something legisla- Public Law 101–508 ...... 1995 1995 (est.) November 5, 1990 1 ...... +$31 ¥$176 marks.) tively we have to get a special super billion billion Mr. BASS. Mr. Chairman, I rise in majority. 1 While the 1990 law excludes Social Security from its deficit calculations, support of the Barton amendment. How is it going to end? Any time we on a unified budget basis, meeting the original ¥$83 billion deficit target Mr. Chairman, I rise in support of the bal- find an issue we do not have the cour- would have resulted in a +$31 billion surplus in 1995. anced budget amendment with the three-fifths age to deal with ourselves we are going Mr. CONYERS. Mr. Chairman, I yield tax limitation. And I do so as a freshman put forth a super majority so that ev- myself 2 minutes. Member of this body. I have only been here erybody can deal with it that way and Ladies and gentlemen, may I review for 3 weeks and I don't know all the tricks of then throw it off to someone else? with you the impact of the balanced the trade and what all the Washington insiders The other issue that seems to create budget amendment and the Contract say and think. But I do know what the people a problem here is that we cannot still With America on Social Security re- of New Hampshire say and think. get the truth from the other side, from cipients. They say they want a balanced budget, not the proponents of this bill, what it is The cuts in the Old-Age and Survi- more debt for their kids. they intend to do once they balance vors and Disability Insurance under They say they want smaller Government, the budget the way they want to bal- the balanced budget amendment would not more Federal mandates in their lives. ance the budget. have a total cut of $73.2 billion. The av- They say they want less Federal spending This whole issue of Social Security erage cut in each of the congressional to balance this budget, not more taxes for that some people think we are trying districts would be $168 million. The av- them to pay. to scare some folks here, this is a hon- erage cut per each recipient would be That is what the November election was est issue. This is a truthful issue. $1,556. about and that is what this amendment is Why will people not tell us what is When you add in the cuts in Old-Age about. The three-fifths limitation not only en- going to happen to Social Security and and Survivors and Disability Insurance sures a balanced budget, but helps ensure Medicare once this constitutional under the Contract With America, the that it is done through a shrinking of Govern- amendment takes effect? total spending cuts in Social Security ment and not a growth in taxes. That is what When I was much younger the airline would then jump to $100.3 billion with the people want and that is what this amend- industry went out to try to get new an average cut per congressional dis- ment delivers. customers and they said ‘‘fly now; pay trict of $229 million and an average cut Mr. BARTON of Texas. Mr. Chair- later.’’ What I am being told to do now per recipient of $2,130. I refer you to man, I yield 1 minute to the gentleman is vote now and find out later. If we the Economic Policy Institute figures from Illinois [Mr. CRANE], who year in vote now we are going to find out later on this subject. and year out gains the most outstand- that we are going to be in deep trouble I think that is too much. I protest ing ranking as the most conservative on the real contract, besides the Con- that a constitutional amendment Member of Congress. stitution, which is the only contract would do this to the seniors in Amer- Mr. CRANE. Mr. Chairman, I thank we have with America. The real con- ica. I am totally at a loss to give any- the gentleman for yielding me the tract was with senior citizens about one any explanations of how they time. their Social Security and their Medi- would give an explanation to their con- I salute his efforts in trying to get a care and now we are going to sell them stituents about a matter of this mag- balanced budget amendment finally this approach: We will balance the nitude. passed in this Congress that imposes budget hopefully someday, and then Mr. PETE GEREN of Texas. Mr. some discipline with regard to the next year and the year after we will Chairman, I yield 1 minute to the gen- question of escalating taxes. tell you how we hurt you. tleman from Louisiana [Mr. HAYES]. I came here in 1969. The last time we I think that is not right and that is Mr. HAYES. Mr. Chairman, I agree had a balanced budget was that year. not fair. We do not need a balanced with those who say it should not be In the years since, we cut taxes once, budget amendment. We need to balance necessary to amend the Constitution very significantly, in 1981. Ironically, it the budget and I am for that. We do not and it should not be. If the Founders produced almost a doubling of revenues need a three-fifths super majority. We had ever thought that we would so dis- in the course of the ensuing decade, but need to respect each individual vote in regard public service as to spend more the spending has been out of control, this House. We should not be afraid to than we got, they would have put it in and I hear a lot of good rhetoric on how exercise our right here. We should not there in the first place. We owe them we have got to discipline ourselves on support this amendment. an obligation to use their flexibility of spending. But we must remember that Mr. PETE GEREN of Texas. Mr. the amendment process to change it, when you do not have some discipline Chairman, I yield 1 minute and 15 sec- for surely from their graves they would from the standpoint of imposing re- onds to the distinguished gentleman wish they could change us. strictions on constantly raising taxes, from Mississippi [Mr. PARKER]. Second, I am going to vote for both we could be confronted with what we Mr. PARKER. Mr. Chairman, when I the Barton amendment and the Sten- went through in 1993 with passage of first came to this body in 1989, I was holm amendment because the dif- the biggest tax increase in the history not in favor of a balanced budget ference is that one requires a of civilization, and it still was not ad- amendment. Since that time, I have supermajority in raising taxes. I can dressing that question of spending. reached the conclusion that the only support that. Nine States already do We are being overtaxed currently. We way that the U.S. Congress will exer- and they are still able to have their have got to get it under control. The cise true fiscal responsibility is taxpayers believe they would like to supermajority requirement is a perfect through a balanced budget mechanism cut spending. way of approaching it. I urge my col- that forces us to reduce spending and But the message of both of those leagues to support Barton. set new budget priorities. votes is to cut spending first. That is For 6 years, I have listened to the op- b an easy message to deliver. My only 1050 ponents of a balanced budget amend- admonition to my friends on both sides Mr. CONYERS. Mr. Chairman, I am ment say that we should exercise our of the aisle is, make sure you pass one delighted to yield 2 minutes to the dis- current constitutional responsibility, of the two out of here. That is still the tinguished gentleman from New York and achieve deficit reduction through January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 709 the regular authorization and appro- that would allow him to challenge con- But they want us to cut spending priation process. And yet, we don’t do gressional failure to comply with the first, not raise taxes even higher. The it. balanced budget amendment, standing Barton substitute makes it more dif- I have listened for the last few weeks, may be far more compelling if sought ficult for the Government to balance and today, as the opponents say that by a Member of Congress or an entire the budget on the backs of middle-class we should tell the American people House of Congress or an entitled recipi- taxpayers by requiring a three-fifths where the cuts are going to be made be- ent who has been denied benefits as a vote on tax increases. fore we pass a balanced budget amend- result of the questionable impound- b ment. If you support a balanced budg- ment of funds. This is certain to be a 1100 et, if you support deficit reduction, thicket of confusion and tangled litiga- Mr. Chairman, I urge my colleagues that argument is irrelevant. No one is tions and appeals. to pass the Barton substitute. It is the disputing the fact that this amendment Mr. BARTON of Texas. Mr. Chair- best alternative for the middle-class will require painful cuts. man, I yield 1 minute to the distin- taxpayer. But, that is what the American peo- guished gentleman from Illinois [Mr. Mr. CONYERS. Mr. Chairman, I yield ple are demanding. True, many people HYDE], the chairman of the Committee such time as he may consume to the may not be aware what a balanced on the Judiciary. I wish it could be gentleman from Texas [Mr. STENHOLM]. budget will mean in terms of cuts in more. (Mr. STENHOLM asked and was programs. But, the people want re- (Mr. HYDE asked and was given per- given permission to revise and extend duced Government spending and an end mission to revise and extend his re- his remarks.) to deficit spending. It is time for us to marks.) Mr. STENHOLM. Mr. Chairman, I first want give the people what they want. Mr. HYDE. Mr. Chairman, I just want to stand and commend my colleague and fel- The Barton-Geren amendment is the to say to my friend from Michigan, the low Texan for the yeoman's work he has done most fiscally conservative proposal be- first amendment is silent on judicial in promoting his proposal to amend the Con- fore us—which is why I support it. review. All of the amendments are si- stitution to require a balanced budget. JOE has I urge you to show courage, and do lent on judicial review. The courts will worked tirelessly for an ideal he believes in what the people demand. review or not. They have been doing it passionately, not only this year but for most of I believe that today we will finally pass a since 1791, and unfortunately or fortu- his career here in the House of Representa- balanced budget amendment. Once we do, nately we have limited control over tives. and we have to begin to make the tough cuts them. I also want to say, as I have before, that I in spending that it will require, there will be a As to my friend from North Carolina, know JOE is sincere about his desire to move tendency by the Congress to avoid the painful the Constitution provides many inter- us toward a balanced budget. I have seen JOE choices we will have to make. Only the Barton esting examples of supermajorities. cast the hard votes which both opponents and amendment makes it more difficult to resort to One of the most interesting is the 25th supporters of a constitutional amendment say tax increases to avoid the pain of spending amendment where the President and must occur if we are ever to reduce our deficit. cuts. We need such a mechanism. his advisers, his Cabinet, have a dis- For example, last July, when I offered my enti- The only way to really reduce the size of the pute over whether he is able to con- tlement cap proposal on the floor, which CBO Federal budget is to reduce spending. The tinue serving as President, and that scored as saving approximately $150 billion only way to justify politically unpopular but dispute can finally be resolved by a over 5 years, JOE was one of the 37 Mem- necessary cuts is with an amendment that two-thirds vote of Congress. bers, 9 Republicans, who got onto my good- makes it more difficult to turn to the option of We have overriding vetoes, we have guy list by supporting this amendment. I know more taxation. The only way to avoid future treaty ratifications, and so on. that whatever the ultimate conclusion of this budgets like we got in 1992, is to pass the The 14th amendment is very interest- debate may be, we can count on JOE to be Barton-Geren balanced budget amendment. ing. That requires a two-thirds vote to there in the future for the hard votes. Mr. CONYERS. Mr. Chairman, I yield rehabilitate, to remove disqualifica- I do want to take this opportunity to clarify myself 2 minutes. tions from someone who had engaged one issue which has become somewhat con- (Mr. CONYERS asked and was given in rebellion. fused in the rhetoric over the past few weeks. permission to revise and extend his re- Mr. PETE GEREN of Texas. Mr. It is true that JOE's amendment has a stronger marks.) Chairman, I yield 1 minute to the dis- restriction against raising revenues, the three- Mr. CONYERS. Mr. Chairman, I tinguished gentleman from Texas [Mr. fifths vote requirements, but to say that would like to review the important fac- BARTON], a cosponsor of the amend- Schaefer-Stenholm is absent on tax restraint tor of judicial review under the pro- ment. is simply wrong. posed amendment. As currently draft- Mr. BARTON of Texas. Mr. Chair- After years of wrestling with various formula- ed, the Barton substitute is totally si- man, I yield that 1 minute to the dis- tions, in June 1992 the principal sponsors of lent on the issue of judicial review, cre- tinguished gentleman from Illinois, the leading Senate and House versions came ating what could be a serious legal Mr. DENNY HASTERT, our chief deputy together and arrived at the bipartisan, bi- quagmire. whip. cameral consensus version of the BBA em- One potential uncertainty concerns Mr. HASTERT. Mr. Chairman, today, bodied in Senate Joint Resolution 41/House the applicability of the political ques- the American people will see who Joint Resolution 103 of the 103d Congress. As tion doctrine, which is designed to re- wants to do their business and who my colleagues know, this language is now em- strain the judiciary from inappropriate wants to give them the business. bodied in H.J. Res. 28, as well as the Schae- interference in the business of other Today, we vote on the balanced budg- fer-Stenholm amendment to be considered branches of the Federal Government. et amendment. Since any amendment today or tomorrow. This is the strongest ver- We will not have to worry with that requires two-thirds of the final vote, sionÐindeed, the only versionÐwith a realistic doctrine anymore because we are invit- the fate of the balanced budget amend- possibility of obtaining two-thirds majorities in ing the judiciary to come into the leg- ment lies in the hands of our friends on both bodies. islative business of Government, and the other side of the aisle. H.J. Res. 28 is not a simple balanced budg- we are not even giving any direction as I urge my colleagues on the other et amendment; it does contain a meaningful we amend the Constitution of the Unit- side of the aisle to join with Repub- tax limitation. If this balanced budget amended States to create this exception. licans and those who are supporting ment had been in effect since 1977, 7 of the Many scholars have indicated that this to pass a tax-limitation balanced 15 tax increases which were approved would the political question doctrine is un- budget amendment. not have been possible, at least in the form in likely to limit judicial intervention in The reasons to vote for the Barton which they passed. Interestingly enough, the the present case. substitute are clear. three-fifths supermajority requirement for tax An additional area of confusion re- The American people want their Gov- increases would have blocked only two addi- lates to judicial limitations concerning ernment to be fiscally responsible. tional tax increases. standing. While a taxpayer may not be They want us to balance the budget in Therefore, recent history indicates that able to show sufficient injury to have order to lower our debt and make our some of the hysteria about the differences be- standing to bring suit in Federal court children’s futures brighter. tween these leading constitutional proposals is H 710 CONGRESSIONAL RECORD — HOUSE January 26, 1995 not founded in fact. Although the debate on quires a three-fifths vote to pass an un- BARTON] a thank you for their hard tax limitation has made it appear that Barton- balanced budget. It requires nothing work. Geren and Schaefer-Stenholm are dramati- before the year 2002. Mr. Chairman, if you listen to the op- cally different, the practical effects would have So since there is no plan and since ponents of this amendment, you would been very similar. the sponsors propose no plan to get to think that this is going to bring about I also want to point out that a balanced a balanced budget, we can assume, the end of Western civilization. They budget requirement itself would promote tax based on the testimony, that unless talk about these cuts; they talk about limitation. As long as the power to deficit you are going to cut Social Security, the disaster that would come if all we spend remains unrestrained, the deficit will be you are not going to have a balanced do is only spend what we take in. used as an excuse to raise taxes. A civic- budget. Mr. Chairman, right now, if we do minded public will be at least somewhat sus- If we use our past experience to guide not do anything, our Government will ceptible to this appeal for ``shared sacrifice,'' us, we can find that Congress is unwill- increase in spending, between now and while the higher taxes actually pay for more ing to make the tough, necessary cuts 2002, 50 percent. Mr. Chairman, all we spending. In contrast, once a balanced budget to bring the deficit down, but we have need to do to balance the budget is becomes the norm, the public will see the been very willing to add pork to a limit that increase to 30 percent, not clear, $1-for-$1 relationship between higher budget to get the extra votes needed to increase by 50 percent, limit. Let me taxes and bigger Government and reject those pass it. repeat that point: Right now, if we do taxes. Therefore, even if it did not contain ex- Mr. Chairman, if we actually look at not change anything, spending in this plicit tax limitation language, the amendment that history, we will see that the Government will increase by 50 percent would operate to limit tax increases. three-fifths vote may make it more dif- between now and the year 2002. To It also should be noted that a balanced ficult to pass an unbalanced budget, bring our budget into balance, all we but it is also going to make it more dif- budget requirement itself would promote need to do is limit that increase to 30 ficult to pass a budget with a lower def- spending restraint. Currently, Federal spend- percent rather than 50 percent. icit, so either you are faced with no ing escalates because the special interest po- I raise that point to those who talk budget at all or a budget with a higher litical rewards for spending outweigh the gen- about the draconian side effects of liv- deficit. eralized public interest in spending restraint. ing within our means. Mr. Chairman, Without a balanced budget amendment, there Therefore, Mr. Chairman, this should be called the pork protection plan rath- people say that this is not fair. is no clear procedural or political barrier to Spending somebody else’s money, ever-spiraling spendingÐbecause it is the un- er than the balanced budget amend- spending other generations’ money limited ability to borrow that creates the unlim- ment. Simply put, it will allow a mi- year after year, decade after decade, ited ability to spend without immediate con- nority of Members in either the House Mr. Chairman, that is not fair. sequence. In contrast, the amendment would or the Senate to hold out for the spend- Let me quote Thomas Jefferson on perfect the democratic process, by visibly ing projects in their district. this point: reconnecting the demand for new spending The way you reduce the deficit, Mr. with its true costs to taxpayers and the econ- Chairman, is the tough decisions. Mak- The question whether one generation has the right to bind another by the deficit it omy. ing the tough decisions ought to re- imposes is a question of such consequence as Finally, I would like to emphasize that the quire only a majority of the vote, because we have seen no evidence that we to place it among the fundamental principles experience of the States proves how requiring of government. We should consider ourselves a balanced budget also promotes restraint in can get a majority of the Members to unauthorized to saddle posterity with our taxing and spending. In 1992, the CATO Insti- step up to the plate to make those debts and morally bound to pay them our- tute noted that 49 State governments have spending cuts. selves. Mr. Chairman, if the Barton amend- balanced budget requirements and found that: Mr. Chairman, I believe strongly that ment passes, we will find we will need From 1940 to 1990, State and local spending we are morally bound to pay them our- a three-fifths vote to pass a budget climbed from 12 to 14 percent of national in- selves, and that is why our balanced only, and the only way to do that is to come [while] Federal spending climbed from budget amendment is so critical. pork it up to make sure we can get the 13 to 28 percent. * * * It is inconceivable that Why three-fifths? Many people ask Federal spending would have skyrocketed as requisite votes. it has if Congress had had to raise taxes Mr. Chairman, I would hope that the that. You can look over the last 15 every year to pay for its spending, as the Barton amendment would fail. years of the experience of our Govern- States do. (National Review, June 8, 1992.) Mr. BARTON of Texas. Mr. Chair- ment. In the best of times and in the Clearly, the most effective amendment is man, I yield such time as he may worst of times, Government grew. In the one that passes. The bipartisan bicameral consume to the distinguished gen- spite of all the rhetoric about what language offers the best opportunity to effect tleman from New York [Mr. BOEH- happened in the 1980’s, Government a change that is good for the country. Votes LERT]. grew. Government grew by almost 50 in 1986, 1990, 1992, and 1994 and the whip (Mr. BOEHLERT asked and was given percent. counts that many folks have conducted this permission to revise and extend his re- Mr. Chairman, in our legislative year demonstrate that, in both bodies of Con- marks.) process, there is a bias toward growing gress, support for the bipartisan, bicameral Mr. BOEHLERT. Mr. Chairman, I rise Government. The power of the bureauc- balanced budget amendment is plus or minus in opposition to the pending amend- racy to influence legislation, the power the necessary two-thirds majority by a ment. of the bureaucracy to frame issues hairsbreadth Mr. PETE GEREN of Texas. Mr. gives them influence in the legislative This is a situation that must not be wasted. Chairman, I yield myself such time as process that needs to be checked, that Vote for the constitutional amendment in I may consume. needs to be offset. That is why we need which you most sincerely believe. But if you The CHAIRMAN. The gentleman has this three-fifths limitation. believe in a balanced budget amendment, do 31⁄4 minutes remaining. Mr. Chairman, I urge our colleagues not squander this rare opportunity. Mr. PETE GEREN of Texas. Mr. to support this important initiative, Mr. CONYERS. Mr. Chairman, I yield Chairman, we would not be here today this historic initiative. It is fair. It is 2 minutes to the distinguished gen- if it were not for the tireless efforts of reasonable. And it is most importantly tleman from Virginia [Mr. SCOTT], a the gentleman from Texas [Mr. STEN- a practical response to a real-world member of the Committee on the Judi- HOLM] and the gentleman from Texas problem that we can use this year to ciary. [Mr. BARTON], and I think it is so im- document last year, to document in Mr. SCOTT. Mr. Chairman, I rise portant that we recognize their tireless every year but 2 years in the last half today to state my opposition to the efforts over the last decade to bring us of the century to document. This insti- Barton amendment. where we are on the verge of this vic- tution is not going to live within its Mr. Chairman, if you actually read tory. The taxpayers of America, future means unless we do this. the bill rather than read the title, you generations, and this Congress owe the It is a fact. Anybody who says they will find that the amendment does not gentleman from Texas [Mr. STENHOLM] want us to do without it, I applaud require a balanced budget. It only re- and the gentleman from Texas [Mr. that, but it is not going to happen. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 711 The CHAIRMAN. All time of the gen- budgeting and economics that has not stood to decide whether achieving a balanced budg- tleman from Texas [Mr. BARTON] has the test of time. et is really in the best national interest of the expired. In fact, economists on both sides of the po- United States. Mr. CONYERS. Mr. Chairman, I yield litical spectrum have raised serious concerns Mr. Chairman, I urge all my colleagues to 1 minute to the gentleman from Cali- about forcing the Federal Government to al- protect the Constitution, support sound fiscal fornia [Mr. BERMAN], a member of the ways adopt a balanced budget. Herb Stein, a management, and get down to the business of Committee on the Judiciary. senior fellow at the American Enterprise Insti- making the hard choices we were elected to (Mr. BERMAN asked and was given tute and an adviser to Presidents Nixon, Ford, make. I urge my colleagues to oppose the bal- permission to revise and extend his re- and Reagan, objects to a balanced budget be- anced budget amendment. marks.) cause it would result in ``needless confusion, Mr. CONYERS. Mr. Chairman, I yield Mr. BERMAN. Mr. Chairman, I rise evasion, and litigation'' and ultimately would the balance of my time, 1 minute, to to express my strenuous opposition to be very ``unfair.'' the gentlewoman from California [Ms. the balanced budget amendment. The balanced budget amendment has been LOFGREN], a member of the Committee This debate is about far more than mischaracterized as a way to protect the on the Judiciary. the critical task of balancing the Fed- American people's pocketbook. The Contract Ms. LOFGREN. Mr. Chairman, I urge eral budget. The amendment strikes With America heralds it as ``keeping Congress that we step back from this amend- me as a dangerous and insidious means from passing the bill on to you, the American ment today and take the time that is of fundamentally altering articles 1, 2, people.'' Who do you think will foot the bill if necessary to analyze what this amend- and 3 of the Constitution, upsetting the not the American people? ment would do to our Constitution. separation and balance of powers that No matter how you disguise it the American You know, as a member of the board has served this Nation so well for two people will end up footing the bill. It's just a of supervisors in Santa Clara County, I centuries. question of which Americans. Aside from De- am mindful we spent more time analyz- Has our confidence in our ability to fense, which the Republicans have vowed not ing the impact of a use permit for a to increase, more than 80 percent of Federal make the tough choices ebbed so dra- golf course than this body has spent spending consists of payments to individuals. matically that we would cast away for analyzing the impact of this amend- Wealthy individuals and corporations get their all time the carefully wrought balance ment. Government benefits from tax subsidies. among the three branches of Govern- Whether you are for or against the A three-fifths vote requirement for tax in- ment? amendment, our people sent us here to creases serves to enshrine a principal of pro- make sure that we avoid the law of un- At a time when U.S. constitutional tecting the rich and burdening the poor. Al- law experts have fanned out around the intended consequences, and I do not though the middle class will end up bearing think we can honestly say that we un- globe, advising brand-new democracies the brunt of any effort to balance the budget, on how to write their constitutions, it derstand the unintended consequences the mix of tax increases to payment cuts will of this amendment today. is a bitter irony that we find ourselves determine whether it is the rich or the poor on the verge of forsaking the very What is an outlay under the amend- who must make the greatest sacrifices. ment? Is it a Federal loan program? model so many seek to emulate. However, even conservative economists Many of my colleagues who support Would it include guaranteed loans? who are not concerned about this equity issue Would it include working capital for this amendment have done so out of re- and who believe that draconian spending cuts luctance to saddle future generations the Federal Deposit Insurance Corpora- are necessary, recognize that a balanced tion? Does it include the Postal Serv- with the burden of our national debt. budget amendment is simply bad fiscal policy. I concur. But I am equally loathe to ice? Does it include the Federal Re- They know that a constitutional amendment serve and Fannie Mae? We do not consign our children to relive the ter- would risk making recessions more frequent know. What about tax compliance? rible constitutional crises of our past: and deep. Does it include a bill that raises taxes A Supreme Court nullifying acts of In years of slow growth or recession reve- for some and not for others? Congress designed to pull the United nues rise more slowly while costs for pro- I urge that we take our time and do States out of the Depression and to grams such as unemployment insurance in- the job people sent us here for. ease the pain of our fellow citizens; and creases more rapidly. Consequently the deficit The CHAIRMAN. All time has ex- The Congress and the President locked in will be larger during recessions and smaller pired for the minority. combat over the President's efforts to impound during expansions. Under the fiscal straitjacket The gentleman from Texas [Mr. BAR- appropriated funds. of a balanced budget amendment greater defi- TON] is recognized for 4 minutes to And unless the amendment before us is cit reduction would be required during a reces- merely hortatory, a suggestion I am certain its sion while less deficit reduction would be re- close the debate. proponents would roundly deny, our children quired during an expansion. This is precisely b 1110 face the prospect of an unelected judiciary the opposite of what most economist feel plunging into the adjudication of patently politi- should be done to stabilize the economy and Mr. BARTON of Texas. I thank the cal questions they have strenuously and wise- avert recessions. distinguished chairman. Let me say ly sought to avoid for over 200 years. I fear Also, the balanced budget amendment is what a pleasure it is to have the gen- that we face the unprecedented prospect of bad fiscal policy because, unlike most State tleman from Pennsylvania [Mr. WALK- the courts ordering cuts in fundamental Fed- balanced budget amendments, the amend- ER] presiding over this historic debate. eral programs in order to effect compliance ment before you today fails to distinguish be- The CHAIRMAN. The Chair thanks with the amendment. tween operating budgets and long-term invest- the gentleman from Texas. Even for those who believe that achieving a ments. Businesses and homeowners know the (Mr. BARTON of Texas was asked zero budget deficit is the paramount objective difference between borrowing to consume and and was given permission to revise and of our times, I would contend that this provi- borrowing to invest. It is ludicrous to enshrine extend his remarks.) sion does not belong in our Constitution. a fiscal policy that forces the Federal Govern- Mr. BARTON of Texas. Mr. Chair- For the entirety of U.S. history, our Constitu- ment to be shortsighted and that makes long- man, let me thank the distinguished tion and the very small number of amend- term investments more difficult. chairman of the Committee on the Ju- ments we have adopted thereto have served Finally, the balanced budget amendment is diciary, the gentleman from Illinois two key functions: allocating power within our premised on a faulty notion that all debt is [Mr. HYDE] for his leadership in this ef- democracy, and protecting fundamental indi- bad. Government bonds represent wealth to fort. vidual rights. their holdersÐin large part the American pub- Mr. Chairman, I would also like to The amendment under consideration today lic. When the Government spends more than thank the new Republican majority has a strikingly different purpose: enshrining a it takes in, it adds to their wealth. This does leadership for their support. Special particular fiscal policy in the Constitution. I not mean that the Government should always thanks to LAMAR SMITH, the task force would submit that article 1 already provides run a big deficit, but rather that our Govern- leader on this item in the Contract ample authority to the Congress to hew to that ment should choose carefully whether a deficit With America, for his excellent work fiscal policy. But it dishonors our sacred Con- is wise at any particular time. As a govern- to get the three-fifths’ vote in the constitution to clutter it with a particular view of ment that makes fiscal policy we must be free tract. H 712 CONGRESSIONAL RECORD — HOUSE January 26, 1995 I would like to thank the gentleman limitation provision in it. This three- Let's compare how the Republicans handle from Texas [Mr. STENHOLM], the gen- fifths provision is not overly difficult. a question they really care about. In their bal- tleman from Texas [Mr. GEREN], the We have three-fifths to borrow money anced budget amendment, they put in a line gentleman from Colorado [Mr. SCHAE- in the Stenholm/Schaefer amendment, that says, to raise taxes, even on the wealthi- FER], the gentleman from California three-fifths to increase the debt ceil- est 1 percent of Americans, a supermajority of [Mr. CONDIT,] and the gentleman from ing; let us go the third leg, put the House Members would have to vote for the in- Louisiana [Mr. TAUZIN], and all the three-fifths’ provision to actually pre- crease. This means that a tax increase, no other strong Members who, in a bipar- vent tax increases. matter how necessary, how targeted towards tisan way, have been pushing for a bal- As has been pointed out since 1970, the wealthy, could be blocked by a minority in anced budget amendment to the Con- there have been 16 major tax bills on the House. So, there are specific protections stitution. the floor of the House. Seven of those written into the Republican amendmentÐbut We have won the debate that there did pass with more than 60 percent. those protections aren't for the elderly. When needs to be an amendment. The ques- Seven failed, and two passed by voice it comes to taxes, they want the protection en- tion is what kind of an amendment? vote. The largest tax increase in his- shrined in the Constitution. When it comes to Opponents have spoken on this floor, tory passed this body a year-and-a-half Social Security, they want it shunted off to a talked about the mechanics. They have ago by 2 votes, by 2 votes, 218 to 216. It concurrent resolution. talked about issues that are not the would have failed if we had had the Today's vote will divide this body into two principal issue. The principal issue is three-fifths’ provision in. Would we groups: those who are serious about protect- how are we going to amend the Con- have not addressed the budget prob- ing Social Security by law, and those who are stitution? How are we going to get lem? No. We would have done it by cut- not. No amount of rhetoric will change that. spending under control? ting spending, not raising taxes. Please Mr. FIELDS of Texas. Mr. Chairman, when It is not whether the Committee on vote for the tax limitation balanced the American people gave the Republican the Judiciary is going to have over- budget amendment. Party and its Contract with America a mandate sight capability. The basic premise is The chart follows: we have simply got to stop spending as on November 8, they were telling Congress to give them the change that had been promised, much money as we have been spending. DO YOU REALLY THINK THE PROBLEM IS THAT TAXES ARE but not delivered, in 1992. They liked what Since 1965, which was the last year TOO LOW? SPENDING IS SIMPLY TOO HIGH they saw in the Republican contract; so they Federal spending went down, spending [In billions of dollars] has gone up every year for 29 straight overwhelmingly voted in the first Republic Federal House in 40 years. years: an amazing percentage of 1,300 Year spend- Increase percent. ing So what have we done the first 20 days of We are going to spend more money the 104th Congress? We passed the Congres- 1964 ...... 118.5 ...... this year on interest on the debt than 1965 ...... 118.2 (0.3) sional Accountability Act, something that was we spent for the entire Federal budget 1966 ...... 134.5 16.3 a long-time coming, that simply makes Con- 1967 ...... 157.5 23.0 in fiscal year 1971. It is amazing. 1968 ...... 178.1 20.6 gress live under the same rules as all Ameri- We do not have the backbone in the 1969 ...... 183.6 5.5 cans. Now, today, we have a historic oppor- 1970 ...... 195.6 12.0 Congress of the United States to say 1971 ...... 210.2 14.6 tunity to do one more thing the American peo- 1972 ...... 230.7 20.5 ple want: To pass a real balanced budget no. We have to amend the Constitu- 1973 ...... 245.7 15.0 tion, and if we are going to do it, let us 1974 ...... 269.4 23.7 amendment. That is why I urge all of my col- 1975 ...... 332.3 62.9 leagues, Republican and Democrat, to support look at the problem. The problem is 1976 ...... 371.8 39.5 not lack of revenue. The problem is too 1977 ...... 409.2 37.4 the bipartisan Barton-Tauzin amendment with 1978 ...... 458.7 49.5 the tax limitation that three-fifths of each much spending. If you want to limit 1979 ...... 503.5 44.8 spending, what do you do? You limit 1980 ...... 590.9 87.4 House of Congress must approve a tax in- 1981 ...... 678.2 87.3 revenues. How do you limit revenues? 1982 ...... 745.8 67.6 crease before it can be enacted. This long By limiting the ability to raise taxes. 1983 ...... 808.4 62.6 overdue step will restore fiscal control to the 1984 ...... 851.8 43.4 That is what generates the revenue. 1985 ...... 946.4 94.6 Federal budget and prevent politicians in the There are nine States that have tax 1986 ...... 990.3 43.9 future from increasing spending and leaving 1987 ...... 1,003.9 13.6 limitation provisions either in their 1988 ...... 1,064.1 60.2 the bills to the future generations. constitutions or on their statutes. The 1989 ...... 1,143.2 79.1 To simply require a balanced budget would chart to my left shows that those 1990 ...... 1,252.7 109.5 1991 ...... 1,323.8 71.1 not be the proper cure to this lingering virus States that have tax limitation provi- 1992 ...... 1,380.9 57.1 because, unfortunately, many politicians then sions, they work. Taxes go up less in 1993 ...... 1,408.1 27.2 1994 ...... 1,461.0 52.9 would simply try to use the amendment as an those States. They still go up, but they 1995 (projected) ...... 1,531.0 70.0 excuse to raise taxes after failing to keep go up less. When the taxes go up less, Spending increase since 1965—1,300 percent. spending under control. We need to cut the spending goes up less. That means Average spending increase—$65 billion. Federal budget, not the family budget, to bal- there is a greater likelihood that the Source: Congressional Budget Office. ance our budget. budget will be balanced. Cut spending, don’t raise taxes. Support This debate today should be a foregone My brother, Jay Barton, is a history the tax-limitation balanced budget amend- conclusion. For 25 consecutive years, Ameri- teacher in Mt. Pleasant, TX. He is not ment. cans have been saddled with budget deficits a political expert. Mr. MARKEY. Mr. Chairman, I rise today in and it continues to happen. Meanwhile, our He called my staff this morning, and strong opposition to the balanced budget con- deficit and our debt continue to rise astronomi- the said, ‘‘Tell Joe Congress is like an stitutional amendment sponsored by my col- cally. The requirement to have three-fifths ap- addict. They are addicted to spending. league, Mr. BARTON. proval to raise taxes is not something new. They say give us one more spending Three substitutes to the Barton amendment There are already 10 States that require fix, one more year, and then we will do will be considered later today, each of which supermajorities to raise tax revenue. Seven of the right thing.’’ We have not balanced specifically exempts Social Security from bal- these States that have lived under this re- the budget since 1969. anced budget calculations. The Barton amend- quirement for a significant amount of time We have not had spending go down ment, taken from the Republican Contract with show substantial savings to the taxpayers. since 1965. Unless we do go into a cold America, does not specifically exempt Social Mr. Chairman, Americans are getting tired of turkey withdrawal by passing a con- Security from cuts. Now, I know that the Re- broken promises to cut the deficit that never stitutional amendment with a tax limi- publican leadership has said that ``Social Se- materialize. As a result, we have seen strong tation provision, spending is going to curity is off the table,'' but we're about to set voter support for real budget reform. We have spiral out of control and when that the table, and Social Security is still on it. I seen what has happened in the absence of happens society as we know it today is think when we are talking about a program the balanced budget. If supermajorities are re- simply going to collapse. that means as much as this one does to ordi- quired for both taxes and borrowing, legisla- The plain and simple solution is a nary Americans, it is not unreasonable to ask tors in the future will find it difficult to increase balanced budget amendment to the for this commitment on paper. Like they say in spending as rapidly as it has grown in recent Constitution, with a three-fifths’ tax the long-distance business, ``put it in writing.'' years. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 713 Mr. Chairman, we did the right thing by I urge you to support the Barton-Geren tax Shuster Tate Watts (OK) passing the Accountability Act to require Con- limitation balanced budget amendment, which Skeen Tauzin Weldon (FL) Skelton Taylor (MS) Weldon (PA) gress to live under the same laws it imposes will allow future generations to have the op- Smith (MI) Taylor (NC) Weller on the American people. Today, let's continue portunity to enjoy the American dream. Smith (NJ) Thomas White this positive, productive approach to governing The CHAIRMAN. All time has ex- Smith (TX) Thornberry Whitfield Wicker and pass the Barton-Tauzin balanced budget pired. Smith (WA) Tiahrt Solomon Torkildsen Wolf amendment. Young (AK) The question is on the committee Souder Upton Young (FL) Mrs. VUCANOVICH. Mr. Chairman, I rise in amendment in the nature of a sub- Spence Vucanovich Zeliff strong support of the Barton balanced budget Waldholtz stitute. Stearns Zimmer amendment. Irresponsible Federal spending The question was taken; and the Stockman Walker and the resulting high taxes and annual Fed- Chairman announced that the ayes ap- Stump Walsh Talent Wamp eral deficits affect us all, in terms of lower pro- peared to have it. ductivity, stifling investment and economic RECORDED VOTE NOES—173 growth while inhibiting U.S. competitiveness Mr. BARTON of Texas. Mr. Chair- Abercrombie Hefner Pastor abroad. man, I demand a recorded vote. Ackerman Hilliard Payne (NJ) A balanced budget amendment would re- A recorded vote was ordered. Baldacci Hinchey Payne (VA) Barrett (WI) Holden Pelosi quire close scrutiny of Federal spending hab- The vote was taken by electronic de- itsÐand unless we start looking at every dollar Bateman Hostettler Peterson (FL) vice, and there were—ayes 253, noes 173, Becerra Houghton Pickett of Federal spending, spiralling interest pay- not voting 9, as follows: Beilenson Hoyer Pomeroy ments on the Federal debt will continue to Bentsen Jackson-Lee Porter compete with other Federal spending and lead [Roll No 41] Bereuter Jacobs Rahall us to economic ruin. AYES—253 Berman Johnson (CT) Rangel Boehlert Johnson (SD) Reed Annual interest payments on the Federal Allard Edwards Laughlin Bonior Johnson, E. B. Reynolds debt are expected to reach nearly $300 billion Andrews Ehlers Lazio Borski Johnston Richardson by the end of the decade. That's $300 billion Archer Ehrlich Leach Boucher Kanjorski Rivers Armey Emerson Lewis (CA) Rose a year that could be going towards real invest- Brown (FL) Kaptur Bachus English Lewis (KY) Bryant (TX) Kennedy (MA) Roukema ment in our Nation's future. Baesler Ensign Lightfoot Cardin Kennedy (RI) Roybal-Allard The Congressional Budget Office and most Baker (CA) Everett Lincoln Clay Kennelly Sabo Baker (LA) Ewing Linder Clayton Kildee Sanders economists warn that continued deficit spend- Ballenger Fawell Livingston Clyburn Kleczka Sawyer Barcia Fields (TX) LoBiondo ing will lead to lower productivity, deteriorating Coleman Klink Schroeder Barr Flanagan Longley living standards, and a sharp decline in U.S. Collins (IL) LaFalce Schumer Barrett (NE) Foley Lucas Collins (MI) Lantos Scott competitiveness. Bartlett Forbes Manzullo Conyers Levin Serrano On the other hand, if we act promptly and Barton Fowler Martini Costello Lewis (GA) Sisisky Bass Fox McCollum use reasonable restraint to cut programs Coyne Lipinski Skaggs Bevill Franks (CT) McCrery which are not essential, rather than tax in- DeFazio Lofgren Slaughter Bilbray Franks (NJ) McDade DeLauro Lowey Spratt creases that leave less and less real dollars in Bilirakis Frelinghuysen McHugh Dellums Luther Stark the pockets of hardworking Americans, we Bliley Frisa McInnis Deutsch Maloney Stenholm Blute Funderburk McIntosh could reach a balanced Federal budget within Dicks Manton Stokes Boehner Gallegly McKeon a relatively short timeframe. Dingell Markey Studds Bonilla Ganske Metcalf Dixon Martinez Stupak I support the Barton balanced budget Bono Gekas Meyers Doggett Mascara Tanner amendment; we must have this tool to stop Brewster Geren Mica Doyle McCarthy Tejeda Browder Gilchrest Miller (FL) out of control spending. Durbin McDermott Thompson Brown (OH) Gillmor Molinari Mr. HALL of Texas. Mr. Chairman, I rise Engel McHale Thornton Brownback Gilman Montgomery Eshoo McKinney Thurman today in strong support of House Joint Resolu- Bryant (TN) Gingrich Moorhead Evans McNulty Torres Bunn Goodlatte Myers tion 1, the Barton-Geren tax limitation bal- Farr Meehan Torricelli Bunning Goodling Myrick anced budget amendment. The Federal Gov- Fattah Meek Traficant Burr Gordon Nethercutt Fazio Menendez Tucker ernment must learn to live within its means. Burton Goss Neumann Filner Mfume Velazquez Now more than ever, we must take respon- Buyer Graham Ney Flake Miller (CA) Vento Callahan Greenwood Norwood sibility for this dilemma and work to pass a Foglietta Mineta Visclosky Calvert Gunderson Nussle constitutional amendment requiring a balanced Ford Minge Volkmer Camp Gutknecht Orton Frank (MA) Mink Ward budget. Canady Hall (TX) Oxley Frost Moakley Waters The astounding national debt is not an over- Castle Hancock Packard Furse Mollohan Watt (NC) Chabot Hansen Pallone night disasterÐit is the result of a generation's Gejdenson Moran Waxman Chambliss Harman Parker worth of bipartisan irresponsibility and thus, Gephardt Murtha Williams Chapman Hastert Paxon Gibbons Nadler Wilson should be handled in a bipartisan manner. It is Chenoweth Hastings (WA) Peterson (MN) Gonzalez Neal Wise Christensen Hayes Petri time for Congress to stop putting off until to- Green Oberstar Woolsey Chrysler Hayworth Pombo morrow what we can do today. We must act Gutierrez Obey Wyden Clement Hefley Portman Hall (OH) Olver Wynn now to reduce this enormous Federal deficit, Clinger Heineman Poshard Hamilton Ortiz Yates which is threatening to drain America's sav- Coble Herger Pryce Hastings (FL) Owens ings and cripple the American dream. Meas- Coburn Hilleary Quillen ures must be taken to protect future genera- Collins (GA) Hobson Quinn Combest Hoekstra Radanovich NOT VOTING—9 tions from inheriting an insurmountable debt. Condit Hoke Ramstad Bishop Fields (LA) Morella For too many years the Federal Govern- Cooley Horn Regula Brown (CA) Jefferson Rush ment has asked the taxpayers to pick up the Cramer Hunter Riggs Cox Matsui Towns tab for its bloated budget. In fact, just 2 years Crane Hutchinson Roberts Crapo Hyde Roemer b ago, we asked American citizens to pay up Cremeans Inglis Rogers 1131 again, and they have. Now, those same citi- Cubin Istook Rohrabacher The Clerk announced the following Cunningham Johnson, Sam Ros-Lehtinen zens are asking us to balance the Federal pair: budget. I believe it is time for us to return the Danner Jones Roth Davis Kasich Royce On this vote: favor. de la Garza Kelly Salmon Mr. Cox for, with Mr. Brown of California It has been said that knees will buckle if the Deal Kim Sanford against. national budget is to be balanced. Many citi- DeLay King Saxton Diaz-Balart Kingston Scarborough Mr. GORDON changed his vote from zens' knees buckle every April 15 and every Dickey Klug Schaefer month when they are forced to make the dif- Dooley Knollenberg Schiff ‘‘no’’ to ‘‘aye.’’ ficult choices required when they balance their Doolittle Kolbe Seastrand So the committee amendment in the own family budgets. Additionally, every year Dornan LaHood Sensenbrenner nature of a substitute was agreed to. Dreier Largent Shadegg State and local governments are forced to do Duncan Latham Shaw The result of the vote was announced the same. Dunn LaTourette Shays as above recorded. H 714 CONGRESSIONAL RECORD — HOUSE January 26, 1995 PERSONAL EXPLANATION national unemployment rate is projected to sense of security felt by the majority Mrs. MORELLA. Mr. Chairman, I exceed 4 percentum and is so declared by a of the Nation’s wage earners. We are would like the RECORD to show that be- joint resolution, adopted by a majority of fortunate that we do regularly report cause I gave a speech at the Carnegie the whole number of each House, which becomes law. the unemployment rate, and we should Commission Symposium on Science, ‘‘SECTION 4. Total receipts shall include all make greater use of this official meas- Space and Technology with Governor receipts of the United States except those urement in our fiscal and economic Thornburgh and others throughout the derived from borrowing and total outlays policy making. Nation, I unfortunately missed the lst shall include all outlays of the United States Given the fact that the economy is vote, rollcall No. 41. Had I been here, I except those for the repayment of debt prin- fragile, the Federal Reserve Board cipal. would have voted ‘‘no.’’ keeps threatening to raise interest ‘‘SECTION 5. The amount of the debt of the PERSONAL EXPLANATION United States held by the public as of the rates and the public is jittery. Any Mr. COX of California. Mr. Chairman, date this Article takes effect shall become a plans to balance the budget must be ac- on rollcall 41, I am recorded as not vot- permanent limit on such debt and there shall companied by a plan to bolster people’s ing. Had I been present, I would have be no increase in such amount unless three- confidence in our economy. voted ‘‘aye.’’ fifths of the whole number of each House of Mr. Speaker, the 32-member Progres- The CHAIRMAN. Pursuant to House Congress shall have passed a bill approving such increase and such bill has become law. sive Caucus has such a plan, which we Resolution 44, further amendments call the Fiscal Fairness and Full Em- may be offered in the following order: ‘‘SECTION 6. All votes taken by the House of Representatives or the Senate under this ployment Act. This substitute being of- First, amendment No. 4 by the gen- Article shall be rollcall votes. fered today is the first installment of tleman from New York [Mr. OWENS]; ‘‘SECTION 7. Congress shall enforce and im- 11 bills that comprise the progressive Second, amendment No. 1 by the gen- plement this Article by appropriate legisla- promise, the Progressive Caucus’ re- tleman from West Virginia [Mr. WISE]; tion. sponse to the Contract with America. Third, amendment No. 25 by the gen- ‘‘SECTION 8. This Article shall take effect Our substitute differs from House tleman from Michigan [Mr. CONYERS]; for the fiscal year 2002 or for the second fis- Fourth, amendment No. 29 by the cal year beginning after its ratification, Joint Resolution 1 in two ways. First, whichever is later.’’. gentleman from Missouri [Mr. GEP- it allows a majority of Congress to HARDT]; and The CHAIRMAN. Pursuant to the waive the balanced budget provisions Fifth, amendment No. 39 by the gen- rule, the gentleman from New York in any fiscal year that the national un- tleman from Colorado [Mr. SCHAEFER]. [Mr. OWENS] will be recognized for 30 employment rate exceeds 4 percent. AMENDMENT IN THE NATURE OF A SUBSTITUTE minutes, and a Member opposed will be Second, it does not require a three- OFFERED BY MR. OWENS recognized for 30 minutes. fifths majority to impose a tax in- Mr. OWENS. Mr. Chairman, I offer an The Chair recognizes the gentleman crease. amendment in the nature of a sub- from New York [Mr. OWENS]. The unique point that we are making with this substitute is that jobs must stitute. b 1140 The CHAIRMAN. The Clerk will des- be the No. 1 priority in all fiscal and ignate the amendment. Mr. OWENS. Mr. Chairman, I yield budgetary deliberations. While the bal- The text of the amendment in the na- myself 4 minutes. anced budget amendment attempts to ture of a substitute is as follows: (Mr. OWENS asked and was given address the budget deficit, it does not Amendment in the nature of a substitute permission to revise and extend his re- address the jobs deficit. Our substitute offered by Mr. OWENS: Strike all after the remarks.) will address the fears of American solving clause and insert the following: Mr. OWENS. Mr. Chairman, this is a workers by using the Humphrey-Haw- That the following article is proposed as an full employment substitute for the kins Act’s goal of 4 percent unemploy- amendment to the Constitution of the Unit- main amendment, and it makes unem- ment as a hallmark of a stable econ- ed States, which shall be valid to all intents ployment equal in importance to a omy. and purposes as part of the Constitution military threat. That is one of the con- When unemployment rises above 4 when ratified by the legislatures of three- ditions on which the balanced budget percent, Congress could waive the bal- fourths of the several States within seven amendment requirements are waived. years after the date of its submission for anced budget requirements in order to I want to first than the gentleman ratification: implement policies and programs from New York [Mr. SOLOMON] for his ‘‘ARTICLE — which provide jobs for American wage wisdom, and the members of the Com- ‘‘SECTION 1. Prior to each fiscal year, Con- earners. This exception has been placed gress shall, by law, adopt a statement of re- mittee on Rules for their wisdom in making it possible for us to have the immediately after the exception which, ceipts and outlays for such fiscal year in ‘‘An imminent and serious military which total outlays are not greater than opportunity to place the discussion of total receipts. Congress may, by law, amend unemployment on the table at this threat to national security’’ that is that statement provided revised outlays are time. It is just as important as any contained in the bill already. not greater than revised receipts. Congress other element of our national security. We contend that high unemployment may provide in the statement for a specific Unemployment is the best measure of also is an imminent and serious threat excess of outlays over receipts by a vote di- the status of one of the most vital ele- to national security. All governments rected solely to that subject in which three- ments of our economy, and that is job have an obligation to manage their fifths of the whole number of each House economies in ways that provide oppor- agree to such excess. Congress and the Presi- creation and job security. Unemploy- dent shall ensure that actual outlays do not ment, underemployment, and the anxi- tunities to earn a living. More specifi- exceed the outlays set forth in such state- ety about losing jobs, all add up to a cally the U.S. Constitution requires ment. hidden time bomb threatening our na- that Congress act to promote the gen- ‘‘SECTION 2. Prior to each fiscal year, the tional security and sowing the seeds of eral welfare. The 4 percent Humphrey- President shall transmit to Congress a pro- division and unrest. Hawkins goal has been forgotten in re- posed statement of receipts and outlays for The unemployment rate answers the cent years, due to the complacency such fiscal year consistent with the provi- about the severity of recessions and sions of this Article. following question: Is our society pro- ‘‘SECTION 3. Congress may waive the provi- viding minimal opportunities for citi- the weakness of ensuing recoveries. sions of this Article for any fiscal year in zens to earn the wages needed for sur- To illustrate my point, I would like which a declaration of war is in effect. The vival with dignity? But that is not the to offer recent economic information provisions of this Article may be waived for only question that should be explored. about past recessions. In these past re- any fiscal year in which the United States Underemployment and employment cessions, we have been left after the re- faces an imminent and serious military anxiety, that is, fear of losing one’s cession with large unemployment threat to national security and is so declared job, are closely related illnesses which rates, and this kind of amendment to by a joint resolution, adopted by a majority of the whole number of each House, which also should be regularly measured the main bill would allow us to take becomes law. The provisions of this Article along with the unemployment rate. action as a Congress, provide the nec- may be waived for any fiscal year for which Presently these combined illnesses essary funds to stimulate the economy, the President notifies the Congress that the are having a negative impact on the and provide jobs when necessary. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 715 Mr. Chairman, unemployment is the best aged 3, 4, 5.5, 4.6, and 5.5 percent, respec- Mr. HYDE. Mr. Chairman, I yield my- measure of the status of the most vital ele- tively. But during the years of recovery follow- self such time as I may consume. ments of our economyÐjob creation and job ing the four recessions that have occurred (Mr. HYDE asked and was given per- security. Unemployment, underemployment, since 1973, unemployment rates have aver- mission to revise and extend his re- and anxiety about losing jobs all add up to a aged 6.7, 7.6, 6.7, and 7 percent. When com- marks.) hidden time bomb threatening our national se- paring the recent figures to the 3, 4, and 5 Mr. HYDE. Mr. Chairman, I take this curity and sowing the seeds of division and percent figures of earlier years, it becomes opportunity to commend the gen- unrest. clear that we face an unemployment problem tleman from New York [Mr. OWENS] for The unemployment rate answers the follow- which is quite vexing. offering a substitute that includes a ing question: Is our society providing minimal Yes, we must have sound fiscal policies, but number of the features in House Joint opportunities for citizens to earn the wages certainly we can afford to tackle the problem Resolution 1 as reported by the Com- needed for survival with dignity? But that is of unemployment. a full employment economy mittee on the Judiciary. But I am con- not the only question that should be explored. is an economy that grows and can afford to do strained to speak in opposition to this Underemployment and employment anxiety, more. People with jobs produce goods and pending version of the balanced budget the fear of losing one's job, are closely related services, generate income, buy goods and amendment for a couple of reasons. illnesses which also should be regularly meas- services, pay taxes, and consume less Gov- First, it includes a waiver mecha- ured along with the unemployment rate. Pres- ernment transfer payments such as Aid to nism that will undermine the effective- ently, these combined illnesses are having a Families with Dependent Children [AFDC] and ness of the amendment. And second, it negative impact on the sense of security felt unemployment insurance. Even the Congres- omits any special voting requirements by the majority of the Nation's wage earners. sional Budget Office [CBO] has acknowledged to increase taxes. Section 3 of the We are fortunate that we do regularly report that a 1 percent reduction in the unemploy- pending substitute permits a waiver of the unemployment rate, and we should make ment rate leads to a net gain in the U.S. the proposed constitutional amendment’s provisions based not only on a greater use of this official measurement in our Treasury of $40 to $50 billion. Therefore, our declaration of war or an imminent and fiscal and economic policymaking. substitute improves House Joint Resolution 1 serious military threat to national se- Given the fact that the economy is fragile, by helping to achieve its mission of raising curity, which are features of the joint the Federal Reserve Board keeps threatening more revenue for the Federal Government. to raise interest rates, and the public is jittery, resolution as reported by the Commit- In fact, right now there are 7.2 million Amer- any plan to balance the budget must be ac- tee on the Judiciary, but also based on icans who are unemployed, or 5.4 percent of companied by a plan to bolster people's con- a projected national unemployment the workforce. If we allow ourselves to spend fidence. Mr. Chairman, the 32-member Pro- rate exceeding 4 percent. just enough money to stimulate the economy gressive Caucus has such a plan which we In view of the fact that the national to employ another 2 million people, thereby call the Fiscal Fairness/Full Employment Act. unemployment rate has not fallen lowering the unemployment rate to 4 percent, This substitute being offered today is the first below 4 percent since the late 1960’s, then we will have saved $60 to $100 billion. installment of 11 bills that comprise the ``Pro- when the United States was involved in The Progressive Caucus jobs bill, another part gressive Promise,'' the Progressive Caucus' the Vietnam war, making a waiver of the ``Progressive Promise'' which Congress- response to the ``Contract With America.'' available based on unemployment ex- man SANDERS and I will introduce on Monday, Our substitute differs from House Joint Res- ceeding such a low threshold permits would achieve such savings by creating at olution 1 in two ways: first, it allows a majority Congress whenever it chooses to dis- of Congress to waive the balanced budget least 2 million jobs in 2 years. regard the amendment. provisions in any fiscal year that the national Safeguarding American jobs is central to all The current unemployment rate of employment rate exceeds 4 percent; and sec- of the other problems that plague this country approximately 5.4 percent is viewed by ond, it does not require a three-fifths majority today. Without jobs, many people will turn to economists as approaching what is con- to impose a tax increase. The unique point crime to put food on the table. Without jobs, sidered the natural unemployment that we are making with the substitute is that many people will not have access to medical rate, namely, a rate that can be sus- jobs must be the No. 1 priority in all fiscal and care unless it is through a hospital emergency tained without generating inflationary budgetary deliberations. room. Without jobs, more people will remain pressures. A waiver based on the cri- While the balanced budget amendment at- on the welfare rolls. And without jobs, families terion of over 4 percent projected un- tempts to address the budget deficit, it does will be weaker as they buckle under the stress employment effectively can turn this not address the jobs deficit. Our substitute that poverty breeds. constitutional amendment into a dead would address the fears of American workers American voters have spoken loud and letter. by using the Humphrey-Hawkins Act's goal of clear about their job fears and anxiety. In the The pending substitute also fails to 4 percent unemployment as the hallmark of a interviews at the exit polls on November 8, include a tax limitation section. House stable economy. When unemployment rises working people explained their anger. Wages Joint Resolution 1 requires a three- above 4 percent, Congress could waive the are too low. Corporate downsizing, streamlin- fifths vote of the whole number of each balanced budget requirements in order to im- ing, and the pursuit of slave labor in Mexico House to increase taxes, and the ra- plement policies and programs which provide and China have intensified the fears of those tionale for a tax limitation provision is jobs for American wage earners. who are working today about losing their jobs to discourage excessive reliance on tax This exception has been placed immediately tomorrow. And among the millions who have increases rather than spending cuts to after the exception for ``an imminent and seri- been unemployed for many months, and some achieve a balanced budget. ous military threat to national security'' which for years, all hope of ever getting a decent job Tax increases, as we have learned is contained in the bill. We contend that high in fading fast. from historical experience, often prove unemployment also is an imminent and seri- The voices of fear and anger are loud and harmful to the economy by depressing ous threat to national security. All govern- clear, but nobody in power is listening. This economic growth. We need to encour- ments have an obligation to manage their substitute is designed to send a message to age spending cuts and discourage tax economies in ways that provide opportunities the working families of America. We are listen- increases if we hope to put our econ- to earn a living. More specifically, the U.S. ing. Members of the Progressive Caucus are omy on a sounder financial footing. Constitution requires that Congress act to pro- listening. We are fighting to have your con- So I urge the defeat of the pending mote the general welfare. cerns and priorities recognized. When the jobs substitute. The 4 percent Humphrey-Hawkins goal has crisis becomes more obvious to our col- Mr. Chairman, I reserve the balance been forgotten in recent years due to compla- leagues here in Congress, the speeches we of my time. cency about the severity of recessions and the are making today will shape the policies of to- Mr. OWENS. Mr. Chairman, I yield 4 weakness of the ensuring recoveries. To illus- morrow. minutes to the gentleman from Ver- trate my point, I would like to compare recent Mr. Chairman, I reserve the balance mont [Mr. SANDERS], the chairman of economic recoveries to the recoveries of past of my time. the Progressive Caucus. recessions. Mr. HYDE. Mr. Chairman, I rise in Mr. SANDERS. Mr. Chairman, I There were five recessions between 1949 opposition to the amendment. thank the gentleman for yielding. and 1973. During the years following each of The CHAIRMAN. The gentleman is Mr. Chairman, I am delighted to these recessions, unemployment rates aver- recognized for 30 minutes. work with the gentleman from New H 716 CONGRESSIONAL RECORD — HOUSE January 26, 1995

York [Mr. OWENS] on this amendment, who was here when the Humphrey- Ms. VELA´ ZQUEZ. Mr. Chairman, I which is fully supported by the Pro- Hawkins bill was passed. rise in strong support of the Owens sub- gressive Caucus. This is the first of 11 Mr. CLAY. Mr. Chairman, I certainly stitute. Like several other measures amendments which the Progressive want to commend the gentleman from introduced today, the Owens amend- Caucus intends to offer in opposition to New York for offering this substitute. ment rejects the three-fifths majority the Republican Contract With Amer- I rise in strong support of it and com- straight jacket that the majority has ica. mend him for bringing it to the floor, a sewn for the balanced budget amend- Mr. Chairman, the Republican pro- balanced budget amendment, a sub- ment. posal for a balanced budget amendment stitute that acknowledges the need to However, only this substitute will is wrong for a number of reasons. It is protect unemployed Americans from maintain our national commitment to wrong because within the context of its the harsh consequences of the balanced economic opportunity and full employ- offering, there will be major tax breaks budget amendment. ment. Under its provisions, Congress for the wealthiest people in America. I support this amendment for two retains authority to enact emergency There will also be significant increases basic reasons: first, the Owens sub- measures necessary to help every man in defense spending. stitute strips from the bill of three- and woman in this country take their fifths supermajority provision for rais- place in the work force. b 1150 ing revenue. That provision is uncon- This body has affirmed its obligation Every economist, therefore, under- stitutional and has no place in the bill. to maximize employment opportunities stands that if we move toward a bal- Second, and just as important, the on several occasions since the Great anced budget within that context in a Owens substitute seeks to preserve the Depression. With the Full Employment period of 5 years there will be devastat- full employment policies maintained Act and the Humphrey-Hawkins bill, ing cuts in Social Security, Medicare, by the Congress for more than 50 years. we established full employment as a Medicaid, veterans programs, college Other versions of this amendment national priority. loan and grant programs, and nutrition constitute a de facto repeal of laws Today, Congress threatens to repeal programs for hungry children. such as the Humphrey-Hawkins Act that oath. With passage of an When my friend from Illinois talks that seek to guarantee jobs for all unamended balanced budget amend- about spending cuts, in essence that is Americans who desire to work. As the ment, we severely restrict our ability what he is talking about, savage cuts Humphrey-Hawkins law states, and I to respond to economic downturns, and which will impact horrendously on quote, ‘‘Without full employment we resulting job losses. We forgo our abil- some of the weakest and most vulner- deprive workers of job security and ity to invest in the labor force through able people in this country. productivity to maintain and advance skills development, job creation, and But there is another reason why the their standards of living.’’ income support. We tell the unem- Republican balanced budget amend- Mr. Chairman, I urge support of the ployed and the underemployed, ‘‘Sorry, ment is wrong. And that is, it does not amendment. we can’t help, our hands are tied.’’ deal with the economic crisis which Mr. Chairman, by waiving the balanced This is precisely the wrong time in this country is currently experiencing. budget requirement when the unemployment our Nation’s history to hamstring Con- Despite articles in the newspapers rate exceeds 4 percent, the Owens substitute gress. The current recovery compares which tell us how the economy is is the only version of the balanced budget poorly with those that followed the booming, many of us in the Progressive Mr. OWENS. Mr. Chairman, I yield 1 previous two recessions. Fewer jobs are Caucus do not believe that. We see that minute to the gentlewoman from Geor- being generated. Much of the current the rich are getting richer, but we also gia [Ms. MCKINNEY]. economic growth is taking place in see that poverty is growing, that the Ms. MCKINNEY. Mr. Chairman, many lower wage industries. Moreover, work- middle class is shrinking, and that the of my colleagues on the other side of ers least able to weather economic new jobs being created in this country the aisle have advanced the argument downturns have fared poorly. Between are very often low-wage, part-time, that because families and States must 1991 to 1994, the unemployment rate temporary jobs without decent bene- balance their budgets, so too should fell only two-tenths of one percent for fits. the Federal Government. African Americans. The number of What the Republican balanced budget Well, we can cite many examples of Latinos without jobs increased by 13 amendment would do is make it vir- acceptable and necessary deficit spend- percent. tually impossible for this country to go ing done by both families and States. The response from the other side of forward with a major jobs program to Anyone who has bought a home the old the aisle might be that nothing in the put millions of people to work, rebuild- fashioned way knows this all too well. balanced budget amendment or their ing this country at decent wages. And anyone who has supported a bond so-called Contract With America pre- Mr. Chairman, all over the world, in referendum for their State and local cludes Congress from helping to in- Japan, in Europe and in Canada, gov- government knows that this is nec- crease job prospects for the unem- ernments are rebuilding their physical essary. ployed or the under employed. and human infrastructure, their mass Advancing the personal pocketbook True enough, but does their party's platform transportation systems, their sewer metaphor, while simple and innocently inspire confidence? This after all is the party systems, their roads, their bridges, appealing, just is not accurate. We that will keep the books closed to the people their child care needs. And in the proc- should not hamstring ourselves be- denying them the details as to how billions of ess, they are putting large numbers of cause of a marketing slogan for bad dollars will be trimmed from the budget in 7 people to work making those countries policy cooked up in some think tank. years. Will the party that proposes capital more competitive, more efficient, and The Owens substitute allows an ex- gains giveaways to the rich cut back on cor- paying their workers good wages in emption from the balanced budget re- porate welfare, in favor of labor force invest- doing that work. quirement in the case of national disas- ment? Will the majority trim the $51 billion in What our amendment does is say, let ter and war. The Owens amendment direct subsidies that corporations will pocket us not tie the hands of the Federal adds an exemption for a less than full this year? Will they draw down from the $53 Government in rebuilding our infra- employment economy. If it is in the billion corporate tax breaks to balance the structure and putting Americans back national interest to win a war and to budget? I think not. to work at decent wages, making this a rebuild from national disasters, it is Blind faith is too much to ask of our working better country for all people. not also in our national interest that men and women. They deserve our commit- Mr. HYDE. Mr. Chairman, I reserve every able-bodied American have a pri- ment to a strategy of investment and oppor- the balance of my time. vate sector job. tunity. That is what this amendment will pre- Mr. OWENS. Mr. Chairman, I yield 1 I urge my colleagues to support the serve. I urge my colleague to join me in voting minute to the gentleman from Missouri Owens amendment. for the Owens substitute. [Mr. CLAY], the ranking Democrat on Mr. OWENS. Mr. Chairman, I yield 2 Mr. OWENS. Mr. Chairman, I yield 1 the Committee on Economic and Edu- minutes to the gentlewoman from New minute to the gentleman from Penn- cational Opportunities, a gentleman York [Ms. VELA´ ZQUEZ]. sylvania [Mr. FATTAH]. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 717 Mr. FATTAH. Mr. Chairman, I rise in However, if we enact a balanced et, but that they will not muster the support of the Owens substitute by way budget amendment that does not give political will to lay out a plan. They of an example. us this flexibility, we will not be able will not protect Social Security from In 1983, as a freshman member of the to help those who will need our help in future budget cuts. And they will not State assembly in Pennsylvania under future recessions. give jobs and full employment the pri- the leadership of Gov. Dick Imagine the shape our Nation would ority they deserve. Thornburgh, during a recession at that be in today if we had this constitu- And this is only the beginning of the time the State legislature and the Gov- tional provision during the Great De- Contract With America, Mr. Chairman. ernor moved forward on a borrowing pression when the employees, the peo- As we debate other items in the con- program called Penn Pride that in- ple of this country, were being crushed tract, it will become clear that star vested over $160 million at that time in by depression. The New Deal programs wars has priority over student aid, and job training programs like the Penn- could not have been passed, and of that maintaining the CIA budget is sylvania Conservation Corps, employee course, many of you would praise that. more important than preventing crime ownership programs, business incuba- In the past 60 years, Congress has on out streets. tors and the like. passed emergency job bills to pull our That is why the Progressive Caucus The State took the opportunity in a economy out of recession, the most re- is offering an alternative to the Con- time of economic downturn to invest in cent of which was the 1982 Reagan re- tract With America which replaces the business and job training activities to cession. However, even in times of contract’s voodoo economics with a benefit the citizens of the Common- great prosperity there has been a con- restoration of fairness to this country. wealth. tinued commitment to the idea of put- The Owens-Sanders amendment is ting people to work. This amendment would give the U.S. the important first step in a progres- Mr. OWENS. Mr. Chairman, I yield 2 Government the same opportunity so sive plan which waives the provisions minutes to the gentlewoman from Cali- that when there is a downturn in the of the balanced budget amendment fornia [Ms. WATERS]. economy and unemployment is unrea- when unemployment exceeds 4 percent. (Ms. WATERS asked and was given sonably low, that we would have that Too often these days, conservative permission to revise and extend her re- opportunity. economists fail to consider the employ- I would hope that the House would marks.) Ms. WATERS. Mr. Chairman, I rise in ment rate as a serious indicator of eco- seriously consider the Owens amend- nomic health. Well, Mr. Chairman, the ment. support of the Owens substitute. It is very simple. It would waive the amend- Progressive Caucus believes that it doesn’t matter how fast America is b 1200 ment if unemployment exceeds 4 percent. growing if people are not working. Mr. OWENS. Mr. Chairman, I yield 2 Mr. Chairman, I do not think the We must invest in jobs. We cannot minutes to the gentleman from Califor- American people realize the devasta- tell unemployed people throughout this nia [Mr. BROWN]. tion that this constitutional amend- country that, ‘‘We’re sorry, but the (Mr. BROWN of California asked and ment could cause in our society. Aside Constitution of the United States of was given permission to revise and ex- from doing away with services that are America does not allow us to invest in tend his remarks.) so desperately needed, aside from per- job creation that will put you back to Mr. BROWN of California. Mr. Chair- haps dismantling Social Security, Head work and help you feed your family.’’ man, 1 minute is not nearly enough for Start programs, Medicare, veterans’ Mr. Chairman, we now have the op- me to say all I want to say about this services, all of the jobs that are associ- portunity to correct the contract’s amendment or this bill, but I will do ated with those services will be lost. mistakes—by voting in favor of the the best I can. Unemployment could plummet. Owens-Sanders amendment to protect Mr. Chairman, I rise today in support Let me just tell the Members, Mr. working people of this country. of our balanced budget amendment Chairman, it is time for us to focus on Mr. OWENS. Mr. Chairman, I yield substitute being offered by my good what we have been doing to the Amer- myself 4 minutes. friends, the gentleman from New York ican people. We have allowed our in- Mr. Chairman, I would like to take 1 [Mr. OWENS] and the gentleman from dustries to export jobs to Third World minute to make an urgent appeal to Vermont [Mr. SANDERS]. countries for cheap labor. the other side that they give us some As most of my colleagues know, I I just heard the other day that more time. I have a long list of speak- have consistently opposed the balanced Reebok is going to move its operations ers who would like to talk about this budget amendment over the years. In to India. They are going to get that subject. the current form that is proposed, I cheap labor. They are going to give Right now there are 7 million Ameri- will vote against it again, but I will them the jobs. Then they are going to cans who are unemployed. It we allow defy my own history and vote for this send those sporting goods back here for ourselves to spend just enough money substitute, because this version of the us to pay $125 and $150 for tennis shoes, to stimulate the economy to employ balanced budget amendment puts the but we will not be able to have the jobs another 2 million people, thereby low- American people first and upholds one making those goods. ering the unemployment rate to 4 per- of the most basic American values, the Mr. Chairman, when are we going to cent, we will save $60 billion to $100 bil- value of work. stop taking jobs away from Americans? lion. The Congressional Budget Office Mr. Chairman, this version of the When are we going to draw the line? has indicated that every 1-percent re- balanced budget amendment is like Mr. Chairman, we have to draw the line duction in unemployment leads to a every other, except it gives us, the with this constitutional amendment. net gain in the U.S. Treasury of $40 to Members of this body, the flexibility It may pass. The Contract With $50 billion. we need to do the work of the Nation. America says they are going to do it. It This is an item that we would like to This version contains a provision that may happen, but for God’s sake, let us have at least an hour to discuss, if the would allow Congress to waive the re- have a safety valve. Let us put in this opposition is not going to use their quirement in any year that unemploy- amendment so that if it reaches above time. Let us speak for those American ment exceeds 4 percent. 4 percent, we will be able to suspend it. voters who have a great deal of anxiety Mr. Chairman, this makes perfect Mr. OWENS. Mr. Chairman, I yield 2 about jobs. sense. If we achieve 4 percent unem- minutes to the gentlewoman from Cali- Americans voters have spoken loud ployment or less, balancing the Federal fornia [Ms. WOOLSEY]. and clear about their fears about losing budget will be easier and possible. We Ms. WOOLSEY. Mr. Chairman, today their jobs. In the interviews at the exit will have fewer people receiving bene- the American people are learning some polls on November 8, working people fits, such as unemployment and wel- very important things about the Con- explained their anger: Wages are too fare, and more people in the workplace. tract With America. They are learning low. Corporate downsizing, streamlin- It is a fairly simple formula. Revenues that many people in this Chamber keep ing, and the pursuit of slave labor in increase and expenditures decrease. saying they want to balance the budg- Mexico and China, have intensified H 718 CONGRESSIONAL RECORD — HOUSE January 26, 1995 fears of those working today about los- fact the case. Part-time workers are ment programs. This will only get ing their jobs tomorrow. Among the considered as employed workers. worse until we stop accumulating debt. millions who have been unemployed for The gentleman is aware of the fact Requiring Congress to bring the many months, and some for years, all that if you have a job for 3 months, a budget under control will improve our hope of every getting a decent job is temporary job, you are considered fully ability to respond to recessions. The fading fast. employed? existing deficit problem prevents Con- The voices of fear and anger are loud gress and the President from effec- b and clear, but nobody in power in 1210 tively responding to recessions. We Washington wants to listen. I regret it You are aware of the fact that if in currently run deficits in good times as very much that nobody wants to listen. your community there are no jobs and well as bad. This substitute is designed to send a you give up actively searching for a Large annual deficits provide a polit- message to the working families of job, that you are not considered part of ical and economic impediment to en- America: We are listening. Members of the unemployed. actment of tax cuts or investment the progressive caucus are listening. The point that I am trying to make spending to stimulate the economy We are fighting to have your con- to my friend from Texas is that while during economic downturns. We are al- cerns and your priorities recognized. the official statistics may say 5.5 per- ready stimulating the economy to the When the jobs crisis becomes more ob- cent, what serious economists will tell tune of $150 to $200 billion in deficit vious to our colleagues here in the Con- us is that real unemployment in terms spending each year today. gress and other powers in Washington, of people wanting to work 40 hours a In this climate, the short-term eco- then the speeches we are making today week is probably double that. nomic impact of any stimulus package will be used to help shape the policies That is the point that I wanted to enacted by Congress would be minimal of tomorrow. make. I thank the gentleman for yield- at best and the long-term impact is The CHAIRMAN. The gentleman ing. simply an addition to the economic Mr. STENHOLM. I thank the gen- drag of the deficit. The political cli- from New York [Mr. OWENS] has 91⁄2 minutes remaining. tleman for making that point. I would mate will be unfavorable for tax cuts Mr. HYDE. Mr. Chairman, I yield 8 just point out that is not relevant to or spending increases that are not off- minutes to the distinguished gen- the debate that we are talking about set until the budget is balanced. today in my opinion. I agree that Congress must have the tleman from Texas [Mr. STENHOLM.] I will be joining with the gentleman flexibility to respond to recessions. The (Mr. STENHOLM asked and was and the lady sitting behind him who Schaefer-Stenholm amendment pro- given permission to revise and extend will be chairing a task force on welfare vides this flexibility. In the event of a his remarks.) reform in which we begin to look at serious economic downturn or other Mr. STENHOLM. Mr. Chairman, I how we solve that problem in the prop- national emergency, Congress would be voted against the previous amendment er course, in the proper place in the able to muster a three-fifths majority because of my belief of the unintended legislative effort. Just as I have argued to enact a countercyclical package of consequences that could happen with also with those that suggest that we tax cuts or investment spending as rap- the language of the three-fifths in- ought to lay out our plan before we idly as it does currently. If Congress crease in taxes. The arguments that pass a balanced budget constitutional cannot obtain three-fifths support to were made were many, but there were amendment, that is getting the cart respond to unbalance the budget, the tremendous unintended consequences before the horse. We all know that this situation probably is not a true emer- that I believe could happen. year’s budget resolution is when we are gency. Mr. Chairman, I want to commend going to put the plan out, and unless What the Schaefer-Stenholm amend- my colleague, the gentleman from New we do a credible job in the first year ment will do is stop us from spending York [Mr. OWENS] for his proposal to with projections for 7 years, we will, in and borrowing in good times as well as this debate. I am pleased that he had fact, not have the credibility that this bad. The automatic stabilizers such as joined the growing number of Members Member of Congress wants to see that unemployment insurance would con- who support the principle of amending we do. And I answer the same way on tinue to operate under the balanced the Constitution to mandate a bal- both your question and your point as I budget amendment. If CBO projects anced budget. However, I must oppose do on the point I am making. that increased spending and lower tax his amendment also because of what I Going back to the point I was trying revenues resulting from the automatic believe are unintended consequences. to make on the amendment before us, stabilizers may cause outlays to exceed Under the Owens amendment, the in other words, the Owens amendment receipts, we will be able to determine balanced budget requirement could be would have prevented us from accumu- the reason for the deficit and act ac- waived by a simple majority if the lating $4.3 trillion in debt over the last cordingly. President notifies Congress that the 25 years. The Schaefer-Stenholm amendment national unemployment rate is pro- So many of the arguments we are will force Congress to acknowledge the jected to exceed 4 percent. Unemploy- hearing today seem to be arguing impending deficit and decide whether ment has exceeded 4 percent for 36 of against balancing the budget. I am ar- the economic circumstances justify the last 40 years. guing for balancing the budget. The deficit spending. Mr. SANDERS. Mr. Chairman, will debt that we have piled up is the great- For the sake of our economic future, the gentleman yield? est threat to our economic well-being, I urge you to vote against the Owens Mr. STENHOLM. I am happy to yield including specifically the people the amendment and for the Schaefer-Sten- to the gentleman from Vermont. gentleman from Vermont has talked holm amendment. Mr. SANDERS. Mr. Chairman, the about just a moment ago. Mr. SABO. Mr. Chairman, will the gentleman makes the point that unem- The General Accounting Office has gentleman yield? ployment is, as my friend says, 5, per- warned us that if we continue on our Mr. STENHOLM. I yield to the gen- haps 51⁄2 percent now. current course, we will doom future tleman from Minnesota. Does the gentleman really believe, generations to a stagnating standard of Mr. SABO. I do not wish to ask the forgetting the official statistics, that living, damage U.S. competitiveness, gentleman from Texas a question. I with the growth of jobs at 20 hours a and hamper our ability to address would like to direct a question to the week, is he aware, sir, that if one pressing national needs. The interest chairman of the committee, if I might. works for 20 hours a week for $4.50 an on this debt crowds out other spending Mr. HYDE. Mr. Chairman, will the hour they are considered employed, and prevents us from making the in- gentleman yield? even if they had a post-graduate de- vestments we should make to strength- Mr. STENHOLM. I yield to the gen- gree? en our economy. tleman from Illinois for a response to Mr. STENHOLM. No, sir, I am not. We spend 51⁄2 times as much on inter- the gentleman from Minnesota. Mr. SANDERS. If the gentleman will est on the debt as we do on all Federal Mr. HYDE. I thank the gentleman for yield further, Mr. Chairman, that is in education, job training, and employ- yielding. I will engage in a dialog with January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 719 the gentleman from Minnesota if he gentleman from California [Mr. b 1220 wishes to commence it. BROWN]. I do not know that the relationship is Mr. STENHOLM. I yield to the gen- (Mr. BROWN of California asked and of the new requirements of any revenue tleman from Minnesota. was given permission to revise and ex- being passed by whatever percentage it Mr. SABO. I thank the gentleman. tend his remarks.) is in Congress and the relevance of that My question to the chairman of the Mr. BROWN of California. Mr. Chair- to when the actual decision currently committee through the gentleman man, my remarks are in connection is made by State legislatures. It clear- from Texas is, I am curious how your with the Barton amendment which was ly is a different type, but clearly a basic amendment deals with our unem- previously passed. complicated legal question. ployment compensation program in Mr. Chairman, I rise in opposition to the Mr. HYDE. Mr. Chairman, I yield my- this country. Barton version of the balanced budget amend- self 30 seconds. Mr. STENHOLM. I will be happy to ment. To expect the Federal Government to Under section 8 of the proposed yield to the gentleman from Illinois to operate with a minimum of budget deficits and amendment, implementing legislation respond to the question of the gen- national debt, is only common sense. is proposed—or there is the oppor- tleman from Minnesota. It is also only common sense to expect citi- tunity for legislation to help imple- Mr. SABO. Let me explain. zens to drive safely, or to engage in safe sex. ment the amendment, and these dif- Mr. STENHOLM. I yield back to the Yet we know that many do neither. The short- ficult problems of definitions can be gentleman from Minnesota. term thrill of reckless driving, or reckless sex, addressed when we legislate pursuant Mr. SABO. It is a Federal program. overcomes the perception of obvious risk. to section 8. However, the benefits are established The Reagan administration, which ran up Mr. OWENS. Mr. Chairman, I yield 2 by States. The unemployment tax is the largest annual deficits and the biggest in- minutes to the gentleman from New decided by the States. Those revenues crease in national debt in U.S. history, knew York, [Mr. HINCHEY]. then flow into what is a Federal fund. that it was wrong to do so. But it took the risk. (Mr. HINCHEY asked and was given Those revenues are considered part of And a Democratic Congress cooperated. permission to revise and extend his re- our revenues. The expenditures are also These risks were undoubtedly rationalized marks.) considered Federal expenditures. Dur- on many grounds. There was the short-term Mr. HINCHEY. Mr. Chairman, I think ing times of higher employment, the thrill of major tax cuts and large military build- we have just had some very important States accumulate surpluses, but those ups, including star wars. There was the short- and useful insight into the difficulties are also counted in the Federal budget. term thrill of economic stimulation and rapid of this problem resulting from the con- In time of recession, in a downturn of job growth built on Federal spending. There versation that has just been had be- the economy, the State balances go was the unfounded economic dogma that tax tween the former chairman of the Com- down, but that also is reflected in the cuts and increased spending would generate mittee on the Budget and the now Federal budget. If the States, as I un- offsetting revenues that might bring the budget chairman of the Committee on the Ju- derstand it, their fund goes to zero, into balance. And there was the hidden ration- diciary. We are beginning to see in that they then borrow from the Federal ale that budget stringency could be used to window, and others which will be pro- Government, and I recall that happen- better justify reducing or eliminating programs vided, the serious deficiencies in this ing when I was in the State legislature. that did not fit into Reagan's ideological frame- proposed constitutional amendment Mr. HYDE. Mr. Chairman, I yield my- work. That too was thrilling to the idealogues dealing with establishing a self 1 minute to say that the amend- of that administration. supermajority to raise taxes and to ment does not deal with that specific And for the Republicans, the final thrill, after deal with the necessities of this coun- subject as the gentleman knows. Out- the pain of unbalanced budgets became obvi- try. lays and revenues are still computed ous to all, was to be able to blame all that I am opposed to amending the tam- under the amendment as they are pain on a Democratic Congress, and to take pering with the Constitution in this today. credit for all those thrills. way, but if we are to do it, we ought to Mr. SABO. Mr. Chairman, will the Mr. Chairman, we do not need new risk-as- at least to do it in a way that recog- gentleman yield? sessment legislation to know that reckless nizes the basic needs of the people of Mr. HYDE. I yield to the gentleman budgets, as with reckless driving and reckless this country. We have just seen, for ex- from Minnesota. sex, are dangerous to our economic or per- ample, that such basic needs as unem- Mr. SABO. The outlays, then, of the sonal health. We also should know that a con- ployment insurance are going to be State unemployment comp funds, even stitutional amendment is neither necessary or threatened as a result of passage of though they are really State funds, desirable as a strategy to prevent reckless sex this constitutional amendment, should would be considered Federal outlays. or reckless driving. Why do we believe that it pass. Mr. HYDE. How are they considered such a constitutional amendment will present We ought to at least adopt the kind now? reckless budgets? of safeguards that are proposed in the Mr. SABO. They are counted as out- Why not try common sense? Owens-Sanders amendment. First of lays in the Federal budget. Mr. OWENS. Mr. Chairman, I yield 1 all, it removes the obnoxious provision Mr. HYDE. Then they would be out- minute to the gentleman from Min- requiring a three-fifths or lays—— nesota [Mr. SABO]. supermajority to do the important Mr. SABO. Even though they are Mr. SABO. Mr. Chairman, I say to work of this Congress. Once you estab- funds collected at the individual State the gentleman from Illinois [Mr. lish the need for a supermajority, you level. HYDE], I think you have major prob- put into power a minority and you es- Mr. HYDE. CBO has answered that lems with how this amendment treats tablish a situation, contrary to the 206- question, that outlays and receipts will the unemployment comp fund, which year history of this country, which will be treated under the amendment such are funds that are accumulated at allow a minority of the Members of as you are speaking of exactly as they times when the economy is working this House of Representatives and the are treated now. There will be no better, spent out in times of recessions. Members of the Congress to make im- change. The natural countercyclical impact of portant decisions and, in fact, guide I am running out of answers, I tell the unemployment comp program, and rule the country. That is a very se- the gentleman. The same treatment which is a unique Federal-State pro- rious mistake. The Owens-Sanders that exists now will exist under the gram, I think there are serious com- amendment does away with that. amendment insofar as outlays and re- plications for that program under the Second, it does something else that is ceipts. If it is considered a Federal out- language of these amendments. very important. It recognizes that we lay, then it will be a Federal outlay Another question that I frankly have have now a constitutional responsibil- and will count against the ceiling of is because the revenues which are lev- ity to not only provide for the common the balanced budget amendment. ied by States as unemployment pre- defense, but also to promote the gen- Mr. OWENS. Mr. Chairman, I yield miums or taxes, I do not know if they eral welfare, and we promote the gen- such time as he may consume to the are considered taxes under the bill. eral welfare in many ways, not the H 720 CONGRESSIONAL RECORD — HOUSE January 26, 1995 least of which is by attempting to pro- cessions, such as the deep recession of (Mr. SANDERS asked and was given vide honest opportunities for employ- 1982. permission to revise and extend his re- ment for the people of this country. Mr. Chairman, I strongly urge my marks.) That is why this amendment is so im- colleagues to understand the impor- Mr. SANDERS. Mr. Chairman, I portant and ought to be passed. tance of fiscal flexibility in regard to thank the gentleman for yielding me Mr. HYDE. Mr. Chairman, I yield 1 the budget. That is one of the reasons this time. minute to the distinguished gentleman I oppose House Joint Resolution 1. It is Mr. Chairman, let me conclude my from Colorado [Mr. SCHAEFER]. fiscally irresponsible as well as deceiv- thoughts by making just several Mr. SCHAEFER. Mr. Chairman, I ing to the American people. I call on points. thank the chairman for yielding to me the leaders of the majority to explain The balanced budget amendment ap- and I just want to make one basic to the American people how you intend proach being brought forth by the Re- point. As I understand, this constitu- to balance the budget without touching publican majority, within the context tional amendment would be waived, Medicare and Social Security and with- of asking, as I understand it, for a $60 should it become law, any time that out raising taxes. I would also ask the billion increase in military spending, the unemployment rate goes above 4 majority leadership to explain what it and major tax breaks for the wealthi- percent, and if we look at this, the intends to do when America is faced est people in this country, leads all se- amendment, should it be passed, would with an economic crisis and the hands rious economists to the conclusion have been waived every year since 1969. of Congress are tied due to the lan- that the balanced budget amendment So I am not really sure what we are guage of House Joint Resolution 1. Mr. will be a disaster for working people, trying to accomplish here. Particularly Chairman, Congress cannot afford to for elderly people, for low-income peo- in the time element I have been in Con- approve legislation that may be popu- ple. gress, the national debt has gone up $3 lar or sounds good but has devastating trillion in about 11 years. So I would consequences in the future. Let us put b 1230 just say that I strongly oppose this people before politics. Support fiscal amendment and support the Schaefer- responsibility; support the Owens sub- It will mean, in my view, the destruc- Stenholm amendment. stitute. tion of the Social Security system as Mr. OWENS. Mr. Chairman, I yield 2 Mr. HYDE. Mr. Chairman, I reserve we know it. It will mean savage cuts in minutes to the gentleman from New the balance of my time. Medicare, in Medicaid, in the oppor- Jersey [Mr. PAYNE], the chairman of Mr. OWENS. Mr. Chairman, I yield 1 tunity of young people to get grants the Congressional Black Caucus. minute to the gentleman from Califor- and loans to go to college. It will mean Mr. HYDE. Mr. Chairman, I yield 1 nia [Mr. BECERRA]. major cutbacks in nutrition programs minute to the gentleman from New (Mr. BECERRA asked and was given for hungry children. It will tamper Jersey. permission to revise and extend his re- with the unemployment compensation The CHAIRMAN. The gentleman marks.) program, as we heard earlier. It will be from New Jersey [Mr. PAYNE] is recog- Mr. BECERRA. Mr. Chairman, I a disaster for the vast majority of the nized for a total of 3 minutes. thank the gentleman from New York people in this country. (Mr. PAYNE of New Jersey asked and and the gentleman from Vermont for The gentleman from New York [Mr. was given permission to revise and ex- bringing forward what I believe is a OWENS] and I and members of the Pro- tend his remarks.) prudent and real life circumstance sub- gressive Caucus furthermore do not ac- Mr. PAYNE of New Jersey. Mr. stitute amendment to this balanced cept the belief of some that our econ- Chairman, I appreciate the gentleman budget amendment we have before us. I omy is booming and doing well. We yielding me the time. say real life because we are always told think, in fact, that if you look at part- Mr. Chairman, I rise in opposition to to look at what a family does to bal- time jobs, if you look at temporary the balanced budget amendment as it ance its family budgets. I think that is jobs, if you look at people who would currently stands and urge my col- what we need to do. like to work but have no jobs in their leagues to support the Owens sub- In my family, when I think back to communities, that unemployment is stitute. The Owens substitute does not the times I was in college, to get probably 10 percent or higher, and we include the provision requiring a through school I had to borrow money. think it would be devastating to the fu- supermajority vote to raise taxes and My parents worked to help pay, but ture of this country and the needs of more importantly adds a provision could not pay for it all, so I worked as middle-income and working people if stating the terms of the constitutional well, and I could not pay all of my ex- we took away the ability of the U.S. amendment may be waived for any fis- penses just by working as well. My fa- Government to go forward with jobs cal year for which the President noti- ther happened to be a day laborer programs, and we believe, especially fies the Congress that the national un- where he worked all his life out in the right now, we need to go forward in employment rate is projected to exceed streets. He built roads. During rainy that direction. 4 percent. Mr. Chairman, the Owens seasons he worked less and would have The essence of what we are saying is substitute offers a very feasible alter- to find a second job, so his income fluc- that the economy is not booming. The native to House Joint Resolution 1, be- tuated. In the less rainy season he standard of living of Middle America cause it recognizes the need to balance worked quite a bit more than in the and working people is in decline. Un- the budget without being fiscally irre- rainy seasons where it rained a lot and employment is far higher than the offi- sponsible. he would have to find a second job. cial statistics indicate. It allows the Congress to balance the If my parents had had to live under It seems to us to be very foolhardy to budget so long as the jobs and liveli- the current budget amendment pro- take away an option, an option of the hood of hard-working Americans are posed by the majority party, I would Federal Government that we may wish not jeopardized. Without the fiscal not have been able to make it through to use which says that when our phys- flexibility provided in this substitute, school. Under the Owens amendment I ical and human infrastructure is in col- the Congress will be stripped of our could have done so, my family could lapse, when our mass transportation power and obligation to help provide have done so. That is why I think we system is in so much need, when our jobs to unemployed Americans at least have to take into account real family roads are falling apart, when our during bad economic periods. Our coun- circumstances, and I urge Members to bridges are collapsing, that it does not try would have never pulled out of the vote for this Owens amendment. make sense to take away the option Great Depression 50 years ago if Con- Mr. OWENS. Mr. Chairman, I yield 2 that the U.S. Congress may wish to use gress had not been able to enact job minutes to the gentleman from Ver- and which the Progressive Caucus be- programs such as the WPA and CCC mont [Mr. SANDERS]. lieves is necessary to rebuild the phys- Program. Since that time Congress has Mr. HYDE. Mr. Chairman, I yield 1 ical and human infrastructure of Amer- repeatedly needed to enact emergency minute to the gentleman from Ver- ica and, in the process, put a million jobs bills to pull our Nation out of re- mont [Mr. SANDERS]. people to work. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 721 Mr. OWENS. Mr. Chairman, I yield The CHAIRMAN. The time of the Franks (CT) Linder Rose Franks (NJ) Lipinski Roth myself 11⁄2 minutes, the remainder of WENS gentleman from New York [Mr. O ] Frelinghuysen Livingston Roukema my time. has expired. Frisa LoBiondo Roybal-Allard Mr. HYDE. Mr. Chairman, I yield 1 Mr. HYDE. Mr. Chairman, I yield Frost Lofgren Royce additional minute to the gentleman back the balance of my time. Funderburk Longley Sabo Furse Lowey Salmon WENS] from New York [Mr. O . The CHAIRMAN. All time has ex- Gallegly Lucas Sanders Mr. OWENS. Mr. Chairman, I thank pired. Ganske Luther Sanford the gentleman. The question is on the amendment in Gejdenson Maloney Sawyer Mr. Chairman, to close out, I would the nature of a substitute offered by Gekas Manton Saxton Gephardt Manzullo Scarborough like to urge a vote for this substitute, the gentleman from New York [Mr. Geren Markey Schaefer because it addresses a very deeply root- OWENS]. Gibbons Martinez Schiff ed and urgent problem in our economy. The question was taken; and the Gilchrest Martini Schroeder Schumer There were five recessions between Chairman announced that the noes ap- Gillmor Mascara Gilman Matsui Scott 1949 and 1973. During the years follow- peared to have it. Gonzalez McCarthy Seastrand ing each of these recessions, unemploy- Mr. OWENS. Mr. Chairman, I demand Goodlatte McCollum Sensenbrenner ment rates averaged between 3 and 5.5 a recorded vote, and pending that I Goodling McCrery Serrano percent respectively. But during the Gordon McDade Shadegg make the point of order that a quorum Goss McDermott Shaw years of recovery following the four re- is not present. Graham McHale Shays cessions that have occurred since 1973, The CHAIRMAN. The gentleman re- Green McHugh Shuster unemployment rates have averaged 6.7, Greenwood McInnis Sisisky quests a recorded vote and makes the Skaggs 7.6, 6.7, and 7 percent, higher, far high- Gunderson McIntosh point of order that a quorum is not Gutierrez McKeon Skeen er, than before. present. Evidently a quorum is not Gutknecht McKinney Skelton We have a deep structural problem. present. Hall (OH) McNulty Slaughter People who are unemployed have been Hall (TX) Meehan Smith (MI) Mr. OWENS. Mr. Chairman, I with- Smith (NJ) Hamilton Meek just left out there to suffer. No Govern- Smith (TX) draw my point of order. Hancock Menendez Smith (WA) ment policies have been designed to lift The CHAIRMAN. The Chair has al- Hansen Metcalf Solomon them out of unemployment. They have Harman Meyers ready indicated a quorum is not Souder Hastert Mfume just been ignored, and they are still present and so, therefore, the Chair, Spence Hastings (FL) Mica being ignored. Spratt pursuant to the provisions of clause 2, Hastings (WA) Miller (CA) Stearns The American workers, those who Hayes Miller (FL) rule XXIII, announces he will reduce to Stenholm are working, are being ignored, because Hayworth Mineta a minimum of 5 minutes the period of Stockman Hefley Minge they have wages at much lower levels Stokes time within which a vote by electronic Hefner Mink than they ever had before. Those who device, if ordered, will be taken on the Studds Heineman Moakley Stump are working and are fearful of losing pending question following the quorum Herger Molinari their jobs because the companies are Stupak call. Members will record their pres- Hilleary Mollohan Talent picking up to go to Mexico or to China ence by electronic device. Hilliard Montgomery Tanner are concerned, and they have expressed Hinchey Moorhead Tate The call was taken by electronic de- Hobson Morella Tauzin their anger. They are now the vast ma- vice. Hoekstra Murtha jority of people who are unemployed Taylor (MS) The following Members responded to Hoke Myers Taylor (NC) Holden Myrick who are not even counted because they their names: Tejeda have stopped looking for work. Horn Nadler Thomas Hostettler Neal So we have a problem. To promote [Roll No 42] Thompson Houghton Nethercutt Thornberry the general welfare is as much the re- ANSWERED ‘‘PRESENT’’—424 Hoyer Neumann Thornton sponsibility of our Government as any Abercrombie Bunning DeFazio Hunter Ney Thurman other responsibility. We are ignoring Ackerman Burr DeLauro Hutchinson Norwood Tiahrt Hyde Nussle the people who need help the most. We Allard Burton DeLay Torkildsen Andrews Buyer Dellums Inglis Oberstar Torres are ignoring the fact that the manage- Archer Callahan Deutsch Jackson-Lee Obey Torricelli ment of the economy is one obligation Armey Calvert Diaz-Balart Jacobs Olver Towns of all of those who are in power. Bachus Camp Dickey Jefferson Ortiz Traficant Johnson (CT) Orton Those who govern must govern in a Baesler Canady Dicks Tucker Baker (CA) Cardin Dingell Johnson (SD) Owens Upton way to guarantee that there is at least Baker (LA) Castle Dixon Johnson, E. B. Oxley Velazquez an opportunity to earn a living with Baldacci Chabot Doggett Johnson, Sam Packard Vento dignity, to earn an income which al- Ballenger Chambliss Dooley Johnston Pallone Visclosky Jones Parker lows a person to survive with dignity. Barcia Chapman Doolittle Volkmer Barr Chenoweth Dornan Kanjorski Pastor Vucanovich We are ignoring that at our own peril. Barrett (NE) Christensen Doyle Kaptur Paxon Waldholtz The advice we are giving today, the Barrett (WI) Chrysler Dreier Kasich Payne (NJ) Walker jobs bill that will be sponsored by the Bartlett Clay Duncan Kelly Payne (VA) Walsh Barton Clayton Dunn Kennedy (MA) Pelosi Wamp Progressive Caucus and offered on Bass Clement Durbin Kennedy (RI) Peterson (FL) Ward Monday, will offer an alternative to ig- Bateman Clinger Edwards Kennelly Peterson (MN) Waters noring this phenomenon. It will offer Becerra Clyburn Ehlers Kildee Petri Watt (NC) an alternative to the indifference. Beilenson Coble Ehrlich Kim Pickett Watts (OK) Bentsen Coburn Emerson King Pombo Waxman We have heard the voice of the Amer- Bereuter Coleman Engel Kingston Pomeroy Weldon (FL) ican wage earners. We are listening. We Berman Collins (GA) English Kleczka Porter Weldon (PA) intend to do a great deal about it, and Bevill Collins (IL) Ensign Klink Poshard Weller we would like to have in the future the Bilbray Collins (MI) Eshoo Klug Pryce White Bilirakis Combest Evans Knollenberg Quillen Whitfield option to do whatever is necessary, Bliley Condit Everett Kolbe Quinn Wicker whatever is necessary by promoting Blute Conyers Ewing LaFalce Radanovich Williams those fiscal policies and economic poli- Boehlert Cooley Farr LaHood Rahall Wilson Boehner Costello Fattah Lantos Ramstad Wise cies which will increase the opportuni- Bonilla Cox Fawell Largent Rangel Wolf ties for employment. Bonior Coyne Fazio Latham Reed Woolsey Job-creation programs are as impor- Borski Cramer Fields (TX) LaTourette Regula Wyden tant as any other activity of the Gov- Boucher Crane Filner Laughlin Reynolds Wynn Brewster Crapo Flake Lazio Richardson Yates ernment. No balanced budget amend- Browder Cremeans Flanagan Leach Riggs Young (AK) ment should close off the option to de- Brown (CA) Cubin Foglietta Levin Rivers Young (FL) prive us of the opportunity of providing Brown (OH) Cunningham Foley Lewis (CA) Roberts Zeliff jobs for the American people. Brownback Danner Forbes Lewis (GA) Roemer Zimmer Bryant (TN) Davis Ford Lewis (KY) Rogers I urge a ‘‘yes’’ vote on this sub- Bryant (TX) de la Garza Fowler Lightfoot Rohrabacher stitute. Bunn Deal Fox Lincoln Ros-Lehtinen H 722 CONGRESSIONAL RECORD — HOUSE January 26, 1995

NOT VOTING—10 Goodlatte Luther Royce my statement appear in the RECORD di- Goodling Maloney Sabo Bishop Frank (MA) Rush Gordon Manton Salmon rectly after the vote. Bono Istook Stark Goss Manzullo Sanford PERSONAL EXPLANATION Brown (FL) Moran Graham Markey Sawyer Fields (LA) Portman Mr. NADLER. Mr. Chairman, on roll- Green Martini Saxton call vote 43 I meant to vote ‘‘yes.’’ I am b Greenwood Mascara Scarborough 1255 Gunderson Matsui Schaefer recorded as voting ‘‘no.’’ I ask that the The CHAIRMAN. Four hundred twen- Gutknecht McCarthy Schiff RECORD reflect my intent to vote Hall (OH) McCollum Schroeder ty-four Members have answered to Hall (TX) McCrery Schumer ‘‘yes.’’ their names, a quorum is present, and Hamilton McDade Seastrand The CHAIRMAN. It is now in order to the Committee will resume its busi- Hancock McDermott Sensenbrenner consider amendment No. 1 offered by ness. Hansen McHale Serrano the gentleman from West Virginia [Mr. Harman McHugh Shadegg RECORDED VOTE Hastert McInnis Shaw WISE]. The CHAIRMAN. The pending busi- Hastings (WA) McIntosh Shays AMENDMENT IN THE NATURE OF A SUBSTITUTE Hayes McKeon Shuster OFFERED BY MR. WISE ness is the demand of the gentleman Hayworth McNulty Sisisky from New York [Mr. OWENS] for a re- Hefley Meehan Skaggs Mr. WISE. Mr. Chairman, I offer an corded vote. Five minutes will be al- Hefner Menendez Skeen amendment in the nature of a sub- Heineman Metcalf Skelton stitute that has been made in order and lowed for the vote. Hilleary Meyers Slaughter A recorded vote was ordered. Hobson Mica Smith (MI) printed in the RECORD. The vote was taken by electronic de- Hoekstra Miller (FL) Smith (NJ) The CHAIRMAN. The Clerk will des- vice, and there were—ayes 64, noes 363, Hoke Minge Smith (TX) ignate the amendment. Holden Moakley Smith (WA) The text of the amendment in the na- answered ‘‘present’’ 1, not voting 6, as Horn Molinari Solomon follows: Hostettler Montgomery Souder ture of a substitute is as follows: [Roll No. 43] Houghton Moorhead Spence Amendment in the nature of a substitute Hoyer Morella Spratt offered by Mr. WISE: Strike all after the re- AYES—64 Hutchinson Murtha Stearns solving clause and insert the following: Hyde Myers Stenholm Abercrombie Gephardt Payne (NJ) Inglis Myrick Stockman That the following article is proposed as an Becerra Gonzalez Rahall Istook Nadler Studds Beilenson Gutierrez Rangel amendment to the Constitution of the Unit- Jacobs Neal Stump Bonior Hastings (FL) Reynolds ed States, which shall be valid to all intents Johnson (CT) Nethercutt Stupak Borski Herger Richardson and purposes as part of the Constitution Johnson (SD) Ney Talent Brown (CA) Hilliard Roybal-Allard when ratified by the legislatures of three- Johnson, Sam Norwood Tanner Brown (FL) Hinchey Sanders Johnston Nussle Tate fourths of the several States within seven Clay Jackson-Lee Scott Jones Oberstar Tauzin years after the date of its submission for Clayton Jefferson Stark Kanjorski Obey Taylor (MS) ratification: Clyburn Johnson, E.B. Stokes Kaptur Ortiz Taylor (NC) Collins (IL) Kennedy (RI) Thompson ‘‘ARTICLE— Kasich Orton Tejeda Collins (MI) Lewis (GA) Torres Kelly Oxley Thomas ‘‘SECTION 1. Total outlays of the operating Conyers Martinez Towns Kennedy (MA) Packard Thornberry funds of the United States for any fiscal year Coyne McKinney Tucker Kennelly Pallone Thornton Dellums Meek Velazquez shall not exceed total receipts to those funds Kildee Parker Thurman Dixon Mfume Waters for that fiscal year plus any operating fund Kim Pastor Tiahrt Engel Miller (CA) Watt (NC) balances carried over from previous fiscal King Paxon Torkildsen Evans Mineta Wise years. Kingston Payne (VA) Torricelli Fattah Mink Woolsey Kleczka Pelosi Traficant ‘‘SECTION 2. The Congress may waive the Flake Mollohan Wynn Klink Peterson (FL) Upton provisions of this article for any fiscal year Ford Olver Klug Peterson (MN) Vento in which a declaration of war is in effect. Frank (MA) Owens Knollenberg Petri Visclosky The provisions of this article may be waived NOES—363 Kolbe Pickett Volkmer for any fiscal year in which the United LaFalce Pombo Vucanovich Ackerman Callahan Doolittle States is engaged in military conflict which LaHood Pomeroy Waldholtz causes an imminent and serious military Allard Calvert Dornan Lantos Porter Walker Andrews Camp Doyle Largent Portman Wamp threat to national security and is so declared Archer Canady Dreier Latham Poshard Ward by a joint resolution adopted by a majority Armey Cardin Duncan LaTourette Pryce Watts (OK) of the whole number of each House of the Bachus Castle Dunn Laughlin Quillen Waxman Congress, that becomes law. If real economic Baesler Chabot Durbin Lazio Quinn Weldon (FL) growth has been or will be negative for two Baker (CA) Chambliss Edwards Leach Radanovich Weldon (PA) Baker (LA) Chapman Ehlers consecutive quarters, Congress may by law Levin Ramstad Weller waive the article for the current and the Baldacci Chenoweth Ehrlich Lewis (CA) Reed White Ballenger Christensen Emerson Lewis (KY) Regula Whitfield next fiscal year. Barcia Chrysler English Lightfoot Riggs Wicker ‘‘SECTION 3. Not later than the first Mon- Barr Clement Ensign Lincoln Rivers Williams day in February in each calendar year, the Barrett (NE) Clinger Eshoo Linder Roberts Wilson President shall transmit to the Congress a Barrett (WI) Coble Everett Lipinski Roemer Wolf proposed budget for the United States Gov- Bartlett Coburn Ewing Livingston Rogers Wyden Barton Coleman Farr ernment for the fiscal year beginning in that LoBiondo Rohrabacher Yates calendar year in which total outlays of the Bass Collins (GA) Fawell Lofgren Ros-Lehtinen Young (AK) Bateman Combest Fazio Longley Rose Young (FL) operating funds of the United States for that Bentsen Condit Fields (TX) Lowey Roth Zeliff fiscal year shall not exceed total receipts to Bereuter Cooley Filner Lucas Roukema Zimmer those funds for that fiscal year. Berman Costello Flanagan ‘‘SECTION 4. Total receipts of the operating Bevill Cox Foglietta ANSWERED ‘‘PRESENT’’—1 Bilbray Cramer Foley funds shall exclude those derived from net Neumann Bilirakis Crane Forbes borrowing. Total outlays of the operating Bliley Crapo Fowler NOT VOTING—6 funds of the United States shall exclude Blute Cremeans Fox those for repayment of debt principal and for Boehlert Cubin Franks (CT) Bishop Hunter Rush capital investments in physical infrastruc- Fields (LA) Moran Walsh Boehner Cunningham Franks (NJ) ture that provide long-term economic re- Bonilla Danner Frelinghuysen b turns but shall include an annual debt serv- Bono Davis Frisa 1300 icing charge. The receipts (including attrib- Boucher de la Garza Frost So the amendment in the nature of a Brewster Deal Funderburk utable interest) and outlays of the Federal Browder DeFazio Furse substitute was rejected. Old-Age and Survivors Insurance Trust Fund Brown (OH) DeLauro Gallegly The result of the vote was announced and the Federal Disability Insurance Trust Brownback DeLay Ganske as above recorded. Fund shall not be counted as receipts or out- Bryant (TN) Deutsch Gejdenson lays for purposes of this article. Bryant (TX) Diaz-Balart Gekas PERSONAL EXPLANATION ‘‘SECTION 5. This article shall be imple- Bunn Dickey Geren Mr. HERGER. Mr. Chairman, I inad- mented and enforced only in accordance with Bunning Dicks Gibbons vertently voted ‘‘yes’’ on the last Burr Dingell Gilchrest appropriate legislation enacted by Congress, Burton Doggett Gillmor amendment, the Owens amendment. I which may rely on estimates of outlays and Buyer Dooley Gilman meant to vote ‘‘no.’’ I would ask that receipts. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 723 ‘‘SECTION 6. This section and section 5 of I think here, too, we will hear a word The CHAIRMAN. The gentleman this article shall take effect upon ratifica- we are not going to hear too much in from West Virginia [Mr. WISE] reserves tion. All other sections of this article shall other debates. It is called ‘‘productiv- one-half minute from the time he allo- take effect beginning with fiscal year 2002 or ity.’’ The fact of the matter is that the second fiscal year beginning after its cated himself. ratification, whichever is later.’’ while cuts must be made to balance the Mr. CANADY of Florida. Mr. Chair- budget, we have got also to have to man, I yield such time as he may The CHAIRMAN. Pursuant to the grow to get ourselves out of this ditch, rule, the gentleman from West Virginia consume to the gentleman from Illi- and we cannot simply grow our way nois [Mr. HYDE], the chairman of the [Mr. WISE] will be recognized for 30 out by only cutting; we have got to put minutes, and the gentleman from Flor- Committee on the Judiciary. into place those policies that promote (Mr. HYDE asked and was given per- ida [Mr. CANADY] will be recognized in growth. opposition for 30 minutes. mission to revise and extend his re- This chart tells the story. Those marks.) The Chair recognizes the gentleman countries that have the most public in- from West Virginia [Mr. WISE]. Mr. HYDE. Mr. Chairman, I thank vestment in physical infrastructure the gentleman for yielding. Mr. WISE. Mr. Chairman, I yield my- have the greatest productivity. This self 5 minutes. Mr. Chairman, I want to salute the first chart is a chart that shows the gentleman from West Virginia [Mr. Mr. Chairman, we are going to talk public infrastructure investment ratio about an amendment before us, a bal- WISE]. Coming from West Virginia, as in regard to gross domestic product of he does, he possesses a peculiar exper- anced budget amendment to the Con- the G–7 nations, the most powerful institution, that has an element in it we tise about infrastructure, and I yield to dustrial nations. his superior familiarity with that sub- are not going to hear in any of the oth- The United States is in the brownish ject. However, I do oppose the Wise ers, and that deals with public invest- line, and as we can see, it is basically substitute because it is too weak to fa- ment capital budgeting. in a flat line from the year 1978 to the cilitate efforts to facilitate a balanced We have heard a lot of statements year 1992. But look at the others, how budget. here today, and the statements are they have invested in their roads and The absence of a provision making it that the Federal Government ought to bridges, in their physical infrastruc- balance its budget like States and busi- ture. Now, let us look at the result ac- harder to increase the debt ceiling re- nesses do or the Federal Government cording to this following chart. The moves a major deterrent to deficit ought to balance its budget just like correlation is quite clear. spending. The lack of special voting re- families do. Both of those statements quirements to increase taxes can lead b are correct, and that is what this 1310 to excessive reliance on tax increases amendment does. It balances the Fed- If you look at the second chart, it rather than spending cuts to achieve a eral budget just like families, busi- tells a story as well. Along here is the balanced budget. Such a course of ac- nesses, and every local government percentage investment in relation to tion can only be harmful and frustrate would do. gross domestic product that a country what we are trying to do with the bal- We have two main elements. First of makes in its public infrastructure. You anced budget amendment. all, we take Social Security off budget. can see where Japan is way out here, The exclusion of capital investments People have been vowing not to affect Italy, and so on. in physical infrastructure from total Social Security. We give Members the The chart on the left, going up, shows outlays allows substantial deficit chance to say, ‘‘We are not going to do you productivity increase. So what you spending that can undermine the objec- that, it’s off budget, it’s out of the pic- have is a direct correlation between tive of protecting future generations ture.’’ the more you invest in your physical from progressively higher interest pay- But let us talk about the public in- infrastructure, the more your produc- ments. vestment part of it, because that is tivity increases. There is a reason that The exclusion of Social Security what distinguishes this amendment the United States from 1978 to 1990 was from receipts and outlays will be harm- from any of the others that have come basically 1 percent productivity in- ful rather than helpful to older Ameri- before and will come after. crease, and that is because our invest- cans. Including Social Security in com- Basically, every family balances its ment in infrastructure just about putations will not put the Social Secu- budget, but it recognizes something trended out at about that level of gross rity surplus at risk or divert it to other important. The family in Berkeley domestic products. But Japan, with purposes as several Members have erro- County, WV, one of the fastest growing half the population and 60 percent of neously suggested. You include Social areas in our State, that looks to buy a the economy, spent more in real dol- Security for computation purposes, new home knows that it cannot pay for lars than the United States on physical which we do now, today, to compute the house in 1 year, but it enters into infrastructure and you see the cor- the deficit. That does not mean it is in- a mortgage over 10, 20, or 30 years. The responding growth in productivity. cluded for invasion purposes. family in Kanawha County that needs Productivity growth equals growth, The reality is that older Americans to buy that car to get to work knows equals more tax revenues, equals a will suffer unnecessarily if we ignore that it cannot pay for the car in 1 year, stronger economy, equals a whole lot the surplus—for calculation purposes— so it borrows for that car because it is of things, and it also gets you to a bal- in Social Security, because the con- a long-term investment and pays for anced budget. So we urge that we put sequences will be greater pressure to that car over several years. these policies into effect. cut, or to cut more substantially, pro- So the family in Berkeley County Let me say in conclusion, Mr. Chair- grams such as Medicare and Medicaid that is buying the home, the family in man, that you will be following then that older Americans rely on so heav- Kanawha County that is buying the what every State does. Every Member ily. car, and the family in Lewis County in this hall represents an entity, a In the years ahead, Social Security that is trying to send their son or State or delegate, district, whatever, recipients will be protected because the daughter to college and borrowing to that has capital budgeting in place. congressional leadership and the Mem- do it know that they have a long-term The only entity that does not is the bers of the House and the Senate are investment, and they budget accord- Federal Government. So let us do what committed to preserving and protect- ingly. So it is that we would say that our families do, let us do what our ing this vital program, not because of the Federal Government must balance businesses do, let us do what our States the formula we use for determining the its operating income but could borrow do, and let us encourage public invest- extent of cuts in other budgetary pro- for physical infrastructure, for the ment and include capital budgeting and grams. roads, the bridges, the airports, the make this balanced amendment public Excluding Social Security from com- water systems, the sewer systems, the investment friendly and growth friend- putations of receipts and outlays is buildings, and the other capital invest- ly. also a shortsighted response to a sur- ments, physical construction, physical Mr. Chairman, I reserve the balance plus in the fund that is temporary in investments that make it strong. of my time. nature. Demographic changes in our H 724 CONGRESSIONAL RECORD — HOUSE January 26, 1995 population will cause the Social Secu- Of all the amendments to be consid- that provide long-term economic re- rity program, in the absence of con- ered on this question, this is the one turns.’’ gressional action, to begin running a that will work. It contains the essen- That can include aircraft carriers deficit approximately a decade after tial components for honest, prudent fi- and space stations, elevated freeways the amendment’s effective date. A bal- nancial discipline. It imposes a bal- in Boston and national monuments at anced budget amendment that ignores anced budget requirement. It is the Lawrence Welk’s birthplace in North a Social Security deficit for computa- most stringent of all the balanced Dakota, sewage treatment plants in tion purposes, which is the corollary of budget proposals we will consider. Wisconsin, and bridges in West Vir- ignoring a surplus, will be less effec- When it comes to exceptions, it only ginia. And this is a loophole that is tive, a fact that will not be overlooked allows them for war and recession. wide enough to drive practically any- by financial markets. Higher interest That is it. thing through. About the only thing rates as a consequence can be antici- It implements the successful lan- that would be put under that balanced pated, which will crowd out other es- guage used by State governments in budget amendment are payments to in- sential expenditures and exacerbate their balanced budget proposals by pro- dividuals, whether they would be enti- pressure to cut Social Security. viding for a capital budget for physical tlement programs, except Social Secu- Including specific reference in the investment in infrastructure. After all, rity, or salaries or other types of pay- Constitution to Social Security creates a highway has a long, useful life. There ments that are given both to Federal a loophole for Congress to define any- is no budget rationale requiring the employees as well as to citizens of the thing as Social Security in order to complete charge off of that investment United States. avoid a balanced budget. Such a course in 1 year. Now, the argument advanced by the can render a balanced budget constitu- The final provision vital to this gentleman from West Virginia [Mr. tional amendment ineffective and un- amendment is the exclusion of the So- WISE] in support of this amendment is dermine the integrity and viability of cial Security trust fund. Make no mis- that investments in physical infra- Social Security by weighing it down take about it: The only way to safe- structure increase productivity and in- with other extraneous programs. guard the security of the trust fund is ferentially increase prosperity. Finally, we must not overlook the to take it off budget in the text of the Well, there has been a lot of infra- fact that the greatest threat to Social amendment. Other language about pro- structure built in West Virginia over Security is the continued growth in the tecting Social Security that does not the past several decades. And if that national debt, which is expected to re- put it in the amendment are words were the case, West Virginia would be sult in higher and higher interest pay- only and cannot bind this or a future the most productive and the most pros- ments in the years ahead. The vulner- Congress. ability of Social Security is the result perous State in the Union. And yet, all b of our failure to adhere to balanced 1320 of the statistics that I have seen indi- budget principles. By providing the fis- I commend the gentleman from West cate that that is not the case and that cal discipline to get our economic Virginia [Mr. WISE] for advancing this is why the eloquent West Virginia con- House in order, the balanced budget amendment and urge its support. gressional delegation repeatedly comes constitutional amendment will protect Mr. WISE. Mr. Chairman, I yield 1 before this Congress and asks for more the value of the Treasury securities in minute to the gentleman from Penn- investment in infrastructure in their which Social Security surpluses are in- sylvania [Mr. FOGLIETTA]. own State. vested, and facilitate our national ca- Mr. FOGLIETTA. Mr. Chairman, I Now, I do not fault them for that. pacity to honor its commitment to rise in favor of the Wise substitute be- But I think that shows the argument older citizens. cause it is the one balanced budget advanced on behalf of this amendment This substitute, offered in all good amendment which would accomplish by the very eloquent member from faith by the gentleman from West Vir- four important goals: West Virginia [Mr. WISE] is a fallacious ginia, does not substantially advance It would allow us to keep the safety argument and thus this amendment balanced budget objectives. In fact, it net for the poor alive and keep pro- should be rejected. impedes them. I therefore urge my col- grams that encourage economic Mr. WISE. Mr. Chairman, I yield my- leagues to defeat it. growth. It would allow us to preserve self 30 seconds to reply. Mr. WISE. Mr. Chairman, I yield 2 this Nation’s infrastructure. It will Mr. Chairman, there may be a need minutes to the gentleman from North also be consistent with the way States, for more infrastructure. I might add Dakota [Mr. POMEROY] who has been cities, and families achieve a balanced capital budgeting might be an improve- active in this amendment, both this budget. And it could achieve a Federal ment. There might be a need for more time and the last session. balanced budget. sewage treatment plants in Wisconsin Mr. POMEROY. Mr. Speaker, I am a Now I hear my colleagues saying that as well as many of the other areas that cosponsor of this balanced budget ver- borrowing money for capital is a gim- the gentleman mentioned. Our produc- sion. I am proud to speak for its pas- mick. But if it is a gimmick, then tivity happily is increasing. As we have sage. Like so many in this Chamber, I every family who tries hard to retain made the transition in West Virginia have concluded it is time for this Con- the American dream of home owner- from a basically mining and manufac- gress to send the States a balanced ship, a capital investment, is engaging turing economy, one reason is because budget amendment. The long-term also in a gimmick, unless they are of roads. prospects of this country absolutely re- wealthy or one of those families who I might add that a lot of studies dem- quire us to get our financial house in get $4.5 million on a book deal and who onstrate that a four-lane highway in a order, and I reluctantly have come to can put cash money down. They, there- rural county increases job growth and the conclusion it will take a balanced fore, have to borrow money. productivity about three times that of budget amendment to the Constitution Most Americans are not in such a fi- areas where they are not. So there is a to get us to do it. nancial position, nor is the Federal clear gain, and we need to focus on in- The balanced budget debate under Government. So let us support the wise frastructure, not just in my State but way, however, is not a conceptual exer- Wise amendment. nationwide. cise. We are talking about amending Mr. CANADY of Florida. Mr. Chair- Mr. Chairman, I yield 2 minutes to the governing charter of our country. man, I yield 2 minutes to the gen- the gentlewoman from Oregon [Ms. If there is ever a moment for us to rise tleman from Wisconsin [Mr. SENSEN- FURSE] a cosponsor of this amendment. above petty partisanship or ideological BRENNER]. Ms. FURSE. Mr. Chairman, I rise extremism, it is now. We are about to Mr. SENSENBRENNER. Mr. Chair- today in strong support of the Wise- approve a balanced budget amendment man, looking at the text of the amend- Furse-Pomeroy balanced budget to the Constitution. For the sake of ment that has been offered by the gen- amendment. I have had the honor of our children, our grandchildren, and tleman from West Virginia [Mr. WISE], co-authoring this for 2 years and of all their children and grandchildren, we it provides an exclusion for ‘‘capital in- the amendments before the House have got to get this right. vestments in physical infrastructure today, this is the toughest one which January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 725 also gives Social Security ironclad pro- granting it during the time of a reces- If Members have made one of those tection. sion. speeches, this is their amendment, be- Now, I believe we need a constitu- Finally, I think the argument that cause every one of those corporations, tional balanced budget amendment to this amendment, as has been offered by every one of those States, and indeed, hold Congress’ feet to the fire on exces- several on the other side, that this most American families have arranged sive and unnecessary spending. But amendment protects Social Security, their finances on a sound practice of keeping Social Security in the budget is entirely fallacious. I would suggest capital budgeting. masks the true size of the deficit and that the contrary is in fact true, that Fifty-three percent of the people of puts all of us, including our seniors, at this amendment will endanger Social the United States have a larger home risk. Security for several reasons. mortgage than they have an income. I say to my colleagues that if it is First of all, we have taken numerous They recognize that you do not go true that Social Security is not on the steps on numerous occasions as a Con- through life saving all of your money table, then put it in the law. Vote for gress to protect Social Security. And before you buy a home. the Wise amendment. The Wise amend- we will continue to do that. But if we The accumulated capital expendi- ment protects Social Security as a pen- put into the constitution only an ex- tures of business in America is $4.5 tril- sion plan. It puts that protection in ception for the Social Security trust lion more than the Federal debt, but law. It is honest. It keeps the promises fund, then that Social Security trust business understands the difference be- we have made. fund will become the vehicle for all tween building plant and equipment Now, Oregon, like many other States, manner of abuse, because any type of which will last 20, 30, or 40 years, and has a balanced budget amendment that social spending program, from housing consumption. very wisely allows for capital invest- programs to food stamps to Medicare The other night the Governor of my ment. And this Wise-Furse-Pomeroy or Medicaid, could be put into the So- State was lecturing us on the need to amendment is the only one that is cial Security Act. balance our budget. My State of New truly based on a State model. The Gov- This does not take away from the Jersey, like most of the Member’s ernment should operate like our busi- Congress the right to change the Social States, has a balanced budget amend- nesses and our family budgets. And Security Act. All it does is put the ment, but they also have a capital this is really the only one that has that trust fund in there. budget. They know the difference be- commonsense approach. If we want to protect a particular tween paying a State employee and Mr. Chairman, let us today do as our program from the budgetary require- building a highway or a university. States do and as our families do, let us ments, a future Congress could put an Central to this argument is that all have wise budgeting. Support the item that they wanted to protect into spending is not the same. Spending on toughest amendment before the House the Social Security fund and dilute consumption is one thing, spending on today, which also gives the only iron- that fund and tamper with the intent investment is another: roads, aircraft clad protection to Social Security. of the Social Security Act. carriers. I urge my colleagues to pass the In addition, as the chairman of the Many things this government builds Wise-Furse-Pomeroy amendment. committee, the gentleman from Illi- Mr. CANADY of Florida. Mr. Chair- nois, pointed out, the pressure on other last beyond the life of a generation. man, I yield 4 minutes to the gen- programs for senior citizens, like Medi- They produce income to this country. tleman from Virginia. [Mr. care, will be so great, if because of They should be in a capital budget. GOODLATTE]. computational purposes the level that They are not consumption. Mr. GOODLATTE. Mr. Chairman, I needs to be reached in order to achieve The gentleman has made a great con- thank the gentleman for yielding time a balanced budget is changed by the tribution to this debate with his to me. purposes of this amendment. amendment. It is the most thoughtful, I rise in strong opposition to this the most sound. I urge its adoption. b amendment because it would certainly 1330 Mr. CANADY of Florida. Mr. Chair- defeat the efforts of those who truly As a result, not only will there be man, I yield 1 minute to the gentleman want to bring about a balanced budget greater pressure on Medicare, not only from Colorado [Mr. SCHAEFER]. and bring it about in a sensible fashion. if that pressure becomes so great, this Mr. SCHAEFER. I thank the gen- As the gentleman from Wisconsin amendment does not protect Social Se- tleman from Florida for yielding time pointed out, this exception for capital curity from future Congresses going in to me. investment is a gigantic loophole, one and changing the level of payment, the Mr. Chairman, I will be very brief large enough to fly the space shuttle age of retirement, the amount of con- here. For 14 years now we have been in through or a space station. I would sug- tribution by employees and others in the process of fine-tuning the language gest that not only is it wrong because this country. As a result, Mr. Chair- in this balanced budget amendment capital investment is not tightly de- man, this endangers Social Security. It that our friend, the gentleman from fined, but it also cannot be accepted does not protect it. Texas, [Mr. BARTON], and myself have because of the fact that while it is true Mr. Chairman, I would strongly urge introduced today. that some States having balanced the Congress to reject this amendment. I think that the gentleman from budget amendments do have exceptions Mr. WISE. Mr. Chairman, I yield 2 West Virginia is very well-intentioned for capital investment, there is a big minutes and 15 seconds to the gen- in this, and I think he also agrees we difference between them and the situa- tleman from New Jersey [Mr. MR. should have a balanced budget, but I tion we have now. And that is that TORRICELLI]. I would note that the pre- think we disagree over whether the they did not start out with a $4.7 tril- vious speaker is from a State that has Constitution should establish budget lion national debt growing at the rate capital budgeting. priorities. of $200 billion a year. This is a way to Mr. TORRICELLI. I thank the gen- Mr. Chairman, I believe this is not continue to grow that debt which costs tleman for yielding time to me, and for the place to dictate how we lay a pave- right now more than $225 billion a bringing this most thoughtful of ment or that we put up bricks or what year, even at lower interest rates. If in- amendments to the floor of this insti- we do anything else along the capital terest rates go up, it is going to be an tution. budgeting line. I just think that would even more serious problem. It is simply Mr. Chairman, for as long as this clutter up the language we have at the not acceptable to create that kind of Congress has been debating the prob- present time, and I would oppose the exception when we need to go about lems of debt in American, I have heard amendment. getting this budget balanced. Members say, why is it the States bal- Mr. WISE. Mr. Chairman, could I ask Second, this balanced budget waives ance their budgets and we do not? Why of the Chair how much time remains on the balanced budget requirements in does every American family balance each side? case of a recession, even though it does their checkbook and we cannot, and The CHAIRMAN. The gentleman not specify that there would have to be why can we not run the Federal Gov- from West Virginia, [Mr. WISE] has 173⁄4 any harm to the budgeting process by ernment more like a business? minutes available, and the gentleman H 726 CONGRESSIONAL RECORD — HOUSE January 26, 1995 from Florida [Mr. CANADY] has 18 min- If we are going to have a rational, reason- ity as a Member of Congress to vote for utes available. able method of calculating our debts, we must the amendment which meets those two Mr. WISE. Mr. Chairman, I yield 2 have a capital budget. tests. minutes to the gentleman from Penn- This amendment is a means of putting the Mr. Chairman, the Stenholm-Schae- sylvania [Mr. BORSKI], another active Federal Government's fiscal house in order, fer proposal is clearly the best. The Member on this amendment. which, I believe, is what we are all hoping to Barton substitute is pretty stiff medi- (Mr. Borski asked and was given per- achieve. cine. I think many of us would like to mission to revise and extend his re- The important thing is to balance our oper- see that passed, but I fear it stands lit- marks.) ating accounts on an annual basis. That tle chance of State ratification. Mr. BORSKI. Mr. Chairman, I oppose should be done at all times except in the most State and local governments have al- the idea of a constitutional amendment dire emergencies. ready become concerned or weak-kneed requiring a balanced budget. A con- However, it would be unduly restrictive and about the problems that they will face stitutional amendment—without a counterproductive to place those same limits if they have to pick up Federal pro- plan to balance the budget—is a bad on long-term capital investments. grams that are popular in their area. idea. It makes sense to include only the annual The super majority to approve any rev- debt service on those investmentsÐnot the This vote will have enormous con- enue increase is what they would find entire cost of capital projects. sequences but our friends on the other at the Federal level unacceptable, I The average American family does not inside of the aisle have refused to tell us fear. clude the total cost of its capital investments, how it would be implemented because, The Wise amendment, although well- such as the purchase of a new house, in its intentioned, is also, I feel, a mistake in according to the majority leader, our monthly or annual budget. They only pay the knees would buckle—or because the terms of our deliberations today. We debt service or mortgage. have a debt of almost $5 trillion. This voters would find out what this pro- In the same way, the Federal Government reflects a capital investment that ex- posal would really mean to their lives. should not be paying the entire cost of an in- ceeds what the States have on their This is what the balanced budget frastructure project in the first year. That cost books. We already have the capital in- amendment really means. It will strike should be included in the capital budget while vestment exception on the books. directly at middle-income families and debt service should be part of the operating The Social Security exception goes senior citizens. budget. further. It creates the opportunity for The Medicare Program, which is vital It simply makes no sense from a budgeting a shell game to hide entitlement proof millions of people around this coun- standpoint. grams of all stripes under the label of try, could face as much as a 30-percent It is also counterproductive because we will Social Security. cutback—$7 billion in my State of be limiting our ability to make the capital in- It is critical that we exercise the self- Pennsylvania alone, if this balanced vestments that have positive economic pay- discipline in Congress to meet the chal- budget plan is adopted. backs. lenge before us. We must not lose sight Mr. Chairman, I stand with Oliver We should be encouraging investment in of our goal of balancing the budget and Wendell Holmes, one of our great Su- our Nation's infrastructure to promote produc- actually adopting an amendment here preme Court Justices who said, ‘‘A tivity and growth. that is ratified by the States. Constitution is not intended to embody We should not be restricting capital invest- Mr. Chairman, we must not allow a particular economic theory.’’ ments. We have huge infrastructure invest- ourselves to do what we think is the Mr. Chairman, if our Nation is to ment needs. fleeting, popular thing and approve ex- have a constitutional amendment re- At the end of the last Congress, our Inves- ceptions which may at this time be quiring a balanced budget, the Wise tigations and Oversight Subcommittee, on a popular at home. Instead, we must amendment is the way to do it. bipartisan basis, issued a report detailing take the stiff medicine and approve a When we say we want the Federal these needs. constitutional amendment here today, Government to balance its budget in The needs are just staggering: $32 billion or this week, that we can go home and more is needed each year to bring our high- the same way everyone else does—this explain to our children and our grand- ways and bridges up to standard; $11 billion is it. A capital budget. children as one that actually gives more is needed each year for our transit sys- The Wise amendment will accomplish them the hope that they will have a fu- tems; $4 billion more is needed each year for the goal of requiring the annual oper- ture without ever-increasing national our airports; $5 billion more is needed for our ating budget of the Federal Govern- debt. ment to be balanced while protecting ports and inland waterways; $137 billion is long-term capital investments and So- needed for our wastewater treatment systems. b 1340 cial Security. A balanced budget amendment without a capital budget would stand in the way of meet- Mr. WISE. Mr. Chairman, I yield 2 I commend the gentleman from West ing our vital, essential infrastructure needs. minutes to the gentlewoman from Ha- Virginia for proposing this amendment For these reasons, I urge the Members of waii [Mrs. MINK], who has been very ac- to set the same budget procedures as this House to support the Wise substitute to tive as well on this amendment. almost everyone else uses. House Joint Resolution 1. Mrs. MINK of Hawaii. Mr. Chairman, I find it extremely baffling that the Mr. CANADY of Florida. Mr. Chair- I thank the gentleman for yielding me Federal Government does not have a man, I yield 2 minutes and 30 seconds the time. capital budget already. to the gentleman from Minnesota [Mr. Mr. Chairman, this amendment of- A capital budget was approved last MINGE]. fered by my colleague, the gentleman year by the Public Works and Trans- (Mr. MINGE asked and was given per- from West Virginia [Mr. WISE], I think portation Committee unanimously on a mission to revise and extend his re- is a very important explanation of bipartisan basis. marks.) what we are talking about when we say It had the support of every Repub- Mr. MINGE. Mr. Chairman, the var- we want to reduce the deficit and bal- lican on the committee. ious versions of the balanced budget ance the budget. Capital budgeting is used by vir- amendment are on the table today. The public out there has no under- tually all State and local governments. They have their respective strengths standing and appreciation of the fact They may not realize it but most fami- and weaknesses. Of course, that is the that the Federal Government does not lies use their own home-made version subject of the debate. budget the same way that the States of a capital budget. The real question is, first, which of do. Nobody includes long-term investments with the options gives us the greatest The new majority that is now in concurrent operating expensesÐexcept the Fed- chance of eliminating the deficit, and trol of the House of Representatives eral Government. at the same time stands the best has argued that what is wrong with the It makes no sense to mingle capital invest- chance of not only congressional ratifi- way we run the Federal Government is ments with current operating expensesÐyet cation or congressional approval, but that we don’t allow the States to do that is what we do in the Federal Government. State ratification. I see my responsibil- the things that the States do best. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 727 Well, the States all have capital budg- with Federal operating costs and shown as Mr. OBEY. Mr. Chairman, I think ets and they have operating budgets, part of the current year's Federal deficit. that the proposal before us today and, like in my State as my colleague I believe the Federal Government shouldÐ which this amendment is trying to cor- the gentleman from Hawaii [Mr. ABER- and mustÐmaintain a balanced budget to rect simply presents the country with CROMBIE] will attest to, we have a con- cover its operating costs. However, just as what I would call consumer fraud. It stitutional requirement of a balanced families choose to assume long-term debts to pretends to balance the budget but if budget, but that applies only to the op- purchase homes or finance their children's you read the text rather than the title, erating balanced budget. And thus ev- education and States take on long-term debts it does nothing of the kind. All it says erybody who talks about balancing the to improve their airports, highways, and har- is that anytime you can get 60 percent budget believes that we are only direct- bors, the Federal Government must be al- of this House to agree, you can pass ing our comments to the day-to-day ex- lowed to make long-term capital investments any unbalanced budget you want. That penditures of salaries and other things to assure and ensure the Nation's continued is what the proposal really says. that are required. economic vitality and viability. In contrast, the Wise amendment That when it comes to capital im- I cannot stress enough how a balanced says that in no condition whatsoever provements, buildings, roads and what- budget amendment applied to a Federal budg- can you have an unbalanced budget un- ever the States need, that that is a sep- et that does not distinguish between operating less you have a grave threat to na- arate budget, and is dealt with dif- costs and long-term investments will also un- tional security or unless the country is ferently. dermine the Government's ability to make dealing with a recession. Outside of How could any family in America long-term investments and hamper the Na- those two very narrow exceptions, today sustain their quality of life if tion's ability to compete in an increasingly there would be no occasions on which they could not go to the bank and bor- global economy. you can have an unbalanced budget. row for their needs, for an automobile, The Congressional Budget Office has deter- I think that is a much tighter propo- for whatever, a college education for mined that $1.2 trillion in spending cuts will be sition, and I think we ought to adopt it their kids or their house? We value the required over the next 7 years if the balanced so that this proposal does what it actu- fact that people have the power to bor- budget amendment is to be enforced by 2002. ally would otherwise simply pretend to row, and a person’s wealth and finan- Proponents of House Joint Resolution 1 have do. I think our Government needs to be cial acumen is looked at very highly if yet to advance a plausible explanation as to running a balance and in fact running they have the opportunity to borrow how such massive spending cuts will leave a surplus any time when the economy and to increase their standing in the programs like Social Security and Medicare, is healthy. But if we are in wartime, we community. which together account for nearly one-third of have to put survival ahead of account- What is wrong with the balanced all current Federal spending, unscathed. Pro- ponents of House Joint Resolution 1 also fail ing. If we are in a recession, we need to budget amendment is that we have to explain how such Federal programs as the put the health of the economy and job failed to consider the assets that have student loan program and earthquake and creation ahead of accounting. In all been acquired by this tremendous debt flood disaster relief can be maintained in the other circumstances, we ought to be that people decry. face of their balanced budget amendment. running a balance or a surplus and that I believe that we really should follow I agree that we must do much more to re- is what the Wise amendment would what the States are doing, and that is store discipline to the Federal budgetary proc- produce. That is why I support it. to balance their operating budget and ess. However, I do not believe we will attain Mr. WISE. Mr. Chairman, I yield 11⁄2 allow them to decide what kinds of in- that goal by supporting a balanced budget minutes to the gentleman from Ohio vestments they should make in the fu- amendment that is notable more for reducing [Mr. SAWYER] who has been very active ture. We should vote for the Wise sub- the complex factors and components that in the formation of this amendment. stitute. make up the Federal budget to an appealing Mr. SAWYER. Mr. Chairman, I rise Mr. Chairman, I rise in support of the sub- yet false simplicity rather than offering meas- in strong support of the Wise amend- stitute to House Joint Resolution 1, the bal- urable and plausible solutions to our budget ment. anced budget amendment, offered by Con- problems. If proponents of House Joint Reso- We have all heard the comments as- gressman BOB WISE of West Virginia. lution 1 are truly serious about wanting to bal- sociated with the example that the Proponents of House Joint Resolution 1 as- ance the Federal budget, they must spell out States, local governments, corpora- sert that their version of the balanced budget just what tough and difficult choices will need tions, and families have offered with amendment will force the Federal Government to be made to achieve that end by 2002. Until regard to the efficacy of maintaining to exercise the same fiscal discipline as States and unless they do, House Joint Resolution 1 balanced budgets and doing so through with balanced budget mandates. This asser- offers only the promise of a balanced budget the distinction between operating and tion would be valid only if the Federal budget and a pay-after-we're-gone balanced budget capital budgets. were structured along the lines of State budg- at that. States and localities must build ets. There are, however, fundamental dif- I believe the continued debate over deficits roads, sewers, water systems, airports, ferences in the way the Federal Government and balanced budget amendments stems from and schools. Corporations invest in and the States account for their operating the Federal budget's failure to distinguish be- plant and equipment, families invest in costs and long-term investments and reflect tween operating costs and long-term invest- cars and houses, the kinds of things these costs in their budgets. ments. While the Congress and the American that nurture them for the long run. States account for their operating costs and public have not rallied to the cause of a re- They do it by borrowing for capital as- long-term investments in separate operating structured Federal budget with quite the same sets, that is to say investment, repaid and capital budgets. And, it is important to degree of enthusiasm they have shown for a over a period of time that reflects that note that States with balanced budget man- balanced budget amendment, I believe a Fed- the cost of the debt is paid for by regu- dates are required to balance only their oper- eral budget that distinguishes between operat- lar payments through operating ac- ating budgets and canÐand doÐcontinue to ing costs and long-term investments will pro- counts over the life of the debt. assume long-term debts to pay for such cap- vide the foundation for a cleaner and sounder We simply have to break the notion ital projects as new road and school construc- fiscal policy and restore the public's con- that this country can operate in mod- tion. fidence in our ability to set such policy. To be ern times out of the cash drawer as it The Federal Government, on the other more succinct, it will allow the Federal Gov- did 200 years ago. This alternative pro- hand, does not distinguish between its operat- ernment to balance its budget just as States vides for a rational distinction between ing costs and long-term investments. In other with balanced budget mandates balance their timely payments for continuing short- words, the Federal budget treats salaries, budgets. term needs and the large capital for- health research, education, and long-term in- I therefore urge my colleagues to join me in mation needed to make long-term investments like highway construction in the supporting the Wise substitute to House Joint vestments in lasting assets. It offers same way. As such, the debt associated with Resolution 1. the discipline of rational, planned bor- Federal long-term investments is not spread Mr. WISE. Mr. Chairman, I yield 11⁄2 rowing which can be measured by our out over 10 or 15 years as it is in the capital minutes to the gentleman from Wis- need, our capacity to pay and the in- budgets of the States, but rather combined consin [Mr. OBEY]. vestments we can make. H 728 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Annually, we are going to have to the largest capital investment in our history, vestment spending and consumption spend- agree on what those needs are and rec- was financed on a pay-as-you-go basis at the ing. Under the Schaefer-Stenholm amend- ognize that those needs will change urging of Senator Albert Gore, Sr. ment, it would be entirely possible to separate over time. We have to build that kind I also continue to find distressing the insist- capital investments from operating expenses of elasticity into the future. ence that Social Security be removed from the in the regular budget process. We simply say Like wise families we can borrow to budget. As we have heard here on the House that we should do this within the context of an invest, and like wise families we would floor during the past 2 days, there is disagree- overall balanced budget. not borrow to pay for the electric bill ment about the best way to protect the integ- Clearly, the General Accounting Office or for the groceries. rity of the Social Security program, although I agreed with that sentiment when it stated: Mr. WISE. Mr. Chairman, I yield such am confident that there is no disagreement ``The choice between spending for investment time as he may consume to the gen- that the program's integrity must be shored and spending for consumption should be seen tleman from Texas [Mr. STENHOLM]. up, both for present and for future bene- as setting of priorities within an overall fiscal (Mr. STENHOLM asked and was ficiaries. I believe that keeping Social Security constraint, not as a reason for relaxing the given permission to revise and extend in the framework of the amendment will en- constraint and permitting larger deficits.'' his remarks.) sure that we will take the actions we all know I do commend my colleague for refining his Mr. STENHOLM. Mr. Chairman, I rise in op- are necessary to deal with the unfunded liabil- amendment this year by narrowing the defini- position to the Wise amendment, which would ity in the trust fund and preserve the long-term tion of capital to meaning physical capital, al- enshrine in the Constitution a capital budget soundness of the trust fund. If we don't bring though he did leave undefined how to deal that, along with Social Security, would be our deficit under control, the integrity of the with military capital. Unfortunately, that im- moved off-budget. Social Security program will be threatened provement still leaves standing a lack of I do commend my friend from West Virginia early in the next century. Exempting the Social agreement on what would be included in a for his work on this amendment and, further- Security trust fund creates the temptation to capital budget. more, for the improvements he made to his abuse that exception and undermine the integ- Finally I will ask this question about the amendment since last spring. I have con- rity of the fund. Wise amendment: How will the Wise amend- fidence in the sincerity of my colleague but I The greatest threat to Social Security and to ment improve upon the status quo? Depend- continue to believe that his amendment is seri- investments is the enormity of growing interest ing on how we define a capital budget, we ously flawed for numerous reasons. payments that are crowding out all other could run deficits as large or larger than our As I mentioned last year, I also would like spending. Continued deficit spending, even if it current deficits without violating the Wise to thank the gentleman for helping bring us to is off budget, would result in a debt which con- amendment. I do not believe we should be a point where far more than two-thirds of the tinues to grow and in rising interest payments amending the Constitution simply to enshrine House Members agree that we need a con- which squeeze our ability to fund investments the status quo. stitutional restraint to balance the budget. He and Social Security. I encourage my colleagues to vote against helped convince several Members to make the The Wise amendment may or may not re- the Wise amendment. But I would also say to philosophical leap to supporting a constitu- sult in less borrowing than we currently have, my colleagues, regardless of how you vote on tional amendment. I have been trying to nudge but that is primarily a matter of bookkeeping. this amendment, all Members who believe that Members in that direction for years, and I ap- There is no question that under the Wise we need a constitutional restraint to change preciate the help from the gentleman. amendment, especially compared to the the status quo in this body should vote for the I must oppose the Wise amendment, how- Schaefer-Stenholm amendment, we will face Schaefer-Stenholm amendment. ever, because it includes provisions which are increasing interest payments and have less Mr. Wise. Mr. Chairman, I yield 11⁄2 not appropriate to include in the Constitution money available to spend on other worthwhile minutes to the gentleman from Arkan- and because I am not convinced it will change programs. While there may be different opin- sas [Mr. THORNTON], an eloquent the status quo. The Schaefer-Stenholm ions about the best way to protect Social Se- spokesperson for investment spending. amendment is both stronger and more flexible curity and capital investments, there can be no (Mr. THORNTON asked and was than the Wise amendment, more appropriately question that the only way to ensure that fu- given permission to revise and extend passing constitutional muster. ture generations can make capital investments his remarks.) I can appreciate the argument Mr. WISE and meet the obligations of the Social Security Mr. THORNTON. Mr. Chairman, we makes in comparing the Federal budget to trust fund is to put an end to our spiraling need a balanced budget and we need a State and local budgets, but he misses one debt. sound approach to accomplish this critical element in the analogy. It is true that A surprising contrast to the leniency of goal. I am disappointed my colleagues State and local governments develop capital these off-budget items is the lack of flexibility and I were not given an opportunity to budgets, but those governments also have a when it comes to instances of national emer- debate and vote on my own substitute check on the use of their capital budgets gency. The Schaefer-Stenholm amendment amendment which called for capital through bond ratings. If a State government recognizes that we cannot anticipate all of the budgeting while protecting Social Se- were to abuse its capital budget, the bond rat- circumstances that may justify deficit spending curity, Medicare, and veterans’ bene- ing would drop and the State would be unable some point in the future. We should not try to fits. to continue to finance new capital expendi- write all of the possibilities into the Constitu- However, there are many similarities tures for borrowing. In addition, many States tion. We believe that it is more appropriate to between my proposal and the amend- require that bond issues be approved by the provide the flexibility of allowing deficit spend- ment offered by the gentleman from voters. These checks on the abuse of capital ing if 60 percent of Congress believes that we West Virginia and I rise today in sup- budgets would not exist under a Federal cap- face an emergency that justifies deficit spend- port of the Wise balanced budget ital budget, failing to close the gate on poten- ing. amendment. tial abuse. The Wise amendment does not allow for Mr. Chairman, this proposal is aptly While the proponents of the Wise amend- this flexibility. We would not have the option, named, for it is wise to recognize the ment argue that we will not exercise those op- for example, of waiving the amendment in need to distinguish between operating portunities for abuse, either through the off- order to respond to a natural disaster or any expenses and investments for the fu- budget capital budget or through Social Secu- other national emergency except a recession ture when balancing our budget. rity trust fund, we have little reason to feel or declared war. I do not know of any wise family that confident that Congress will resist the tempta- Obviously, Congress would feel the need to is not willing to provide for long-term tion to do so. respond to serious national emergencies, but investments in their home or in the The State government analogy is flawed for they would be forced to do so through book- education of their children. I do not a second reason. Obviously, the share of cap- keeping gimmicks which further complicate an know of any wise business that will not ital expenditures in the Federal budget is already byzantine Federal budget process, fur- borrow money to make capital invest- much smaller than it is in the States. While ther fueling public confusion and cynicism. ments to improve its profits and profit- there may be a justification at the State level Clearly, this is not the effect we hope to ac- ability. I do not know of any wise to borrow money for capital expenditures, the complish in amending the Constitution. State or local government in this Unit- Federal Government should be able to fund My criticism of this constitutional amended States that does not allow for long- capital investments on a pay-as-you-go basis. ment should not be construed as a failure to term investment in a sound infrastruc- Even the Federal Interstate Highway System, understand the critical differences between in- ture of roads and bridges. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 729 It is time for the Federal Govern- b 1350 The CHAIRMAN. The gentleman 3 ment to wise up and balance its budget Mr. Chairman, I salute the gen- from West Virginia [Mr. WISE], has 5 ⁄4 while bringing the budgeting system tleman from West Virginia and thank minutes remaining, and the gentleman 1 into the 20th century. him for his leadership. from Florida [Mr. CANADY] has 15 ⁄2 My granddad said that if a family Mr. WISE. Mr. Chairman, I yield 1 minutes remaining. The gentleman found itself head over heels in debt, it minute to the gentleman from South from Florida has indicated to the Chair could not spend its way out of debt. Carolina [Mr. CLYBURN], who has been he intends to reserve the balance of his But it cannot starve its way out of active in this area as well. time, and intends to use no more time debt. It has to work its way out of debt (Mr. CLYBURN asked and was given at this point. by making an investment in the future. permission to revise and extend his re- Mr. WISE. Mr. Chairman, I yield 1 minute to the gentleman from Mary- Mr. WISE. Mr. Chairman, I yield 11⁄2 marks.) minutes to the gentlewoman from Cali- Mr. CLYBURN. Mr. Chairman, I land [Mr. WYNN]. (Mr. WYNN asked and was given per- fornia [Ms. ESHOO], another cosponsor thank the gentleman for yielding me mission to revise and extend his re- of our amendment. this time. marks.) (Ms. ESHOO asked and was given per- Mr. Chairman, I support the Wise amendment because in addition to pro- Mr. WYNN. Mr. Chairman, I thank mission to revise and extend her re- the gentleman for yielding the time to tecting Social Security the Wise sub- marks.) me. stitute also includes a capital budget Ms. ESHOO. Mr. Chairman, I rise Today we debate a most important for investments for our Nation’s phys- today in strong support of the Wise matter, the balanced budget. Today it ical infrastructure. substitute and am proud to be an origi- is not just a matter of wearing a but- Many of my colleagues have pointed nal cosponsor of it now and in the 103d ton on your chest that is red and has a out that families all across America as Congress. fraction on the front of it. It is about a well as State governments always bal- In my view, this is the most impor- lot more important issues. ance their budgets and we here ought tant debate of the 104th Congress. I support the Wise amendment be- to do the same. Those opposed to a balanced budget cause it addresses the fundamental But American families are often amendment are concerned about its af- issue of capital budgeting. forced to borrow to finance a college fect on critical programs. I have been The most frequent analogy in this de- education or to buy a home, and nearly and continue to be an ardent supporter bate is we ought to run the Federal every State government that I know of education, environmental and health Government the way the States run that is required to balance the budget their government. The States have cap- programs and it is for this reason I be- uses capital budgeting to differentiate lieve a balanced budget amendment is ital budgets so they can pay for roads, between operating expenses and capital bridges, university facilities and pay critical. expenditures. The interest payments on our debt for these items over the useful life of Just last week over 435 economists the item. are taking greater and greater slices of urged the Federal Government to ex- the budget pie and crowding out impor- They say, well, we ought to run the pand domestic investment in our Na- family government like families. Fami- tant programs for our people. tion’s infrastructure. Their message lies too use a version of capital budg- The Wise amendment addresses this was clear: Investment in our Nation’s ets. It is called credit, and they pay for by requiring a balanced operating infrastructure is vital to American pro- mortgages and large purchases over the budget but also establishes a capital ductivity and competitiveness. The life of the item. We should do the same budget which enables us to continue to Wise substitute recognizes the impor- thing. make necessary long-term investments tance of these vital, long-term invest- Mr. Chairman, it would be a great in roads, bridges, water and sewer sys- ments in our Nation’s economy. mistake for the Federal Government to tems, airports, and telecommuni- Mr. WISE. Mr. Chairman, I yield 1 pay for emergency funding for natural cations. minute to the gentleman from Massa- disasters such as rebuilding roads hav- Last week, 435 economists issued a chusetts [Mr. OLVER]. ing to use pay-go mechanisms while statement urging Congress to increase Mr. OLVER. Mr. Chairman, I thank the State we are trying to help gets to public investment in our Nation’s in- the gentleman for yielding the time. I use a capital budget and spread the frastructure. They all agree that long- am happy to support the substitute of- cost over a number of years. term public investment means a more fered by the gentleman from West Vir- Let us invest in our country; let us productive America. ginia [Mr. WISE] for three things that have a capital budget. While millions of Americans work hard to it does and one thing that it does not Mr. WISE. Mr. Chairman, I yield 1 balance their checkbooks every month, they do. minute to the gentleman from Califor- continue to borrow for long-term investments First of all, it protects Social Secu- nia [Mr. BECERRA], another cosponsor rity fully, that contract between work- in homes and education. States do the same of this amendment. ing people and their parents for their for investments in roads, schools, prisons, and (Mr. BECERRA asked and was given security. hospitals. permission to revise and extend his re- Second, it establishes capital budget- marks.) It is time the Federal budgeting process dis- ing. There is no family, no business, Mr. BECERRA. Mr. Chairman, I wish tinguish between capital and operating ex- and no State that pays for critical to thank the gentleman from West Vir- penses, particularly as we make the tough long-lived investments in any single ginia [Mr. WISE], and I must say any- choices necessary to balance our budget. year and it is time the Federal Govern- one who votes against the Wise sub- As we make these tough choices Social Se- ment operated the way all of those stitute amendment must not be very curity surpluses will become tempting to tam- family businesses and States operate. wise. The Wise substitute is the one per with. Our amendment protects Social Se- Third, it exempts not only national version of the balanced budget amend- curity and takes it off-budget. In doing so, it security in war but also recession or ment that will allow us to balance the ends the practice of using the Social Security depression, and allows us to run an un- budget, and at the same time protect surplus to mask the true size of the deficit. balanced budget during such times, and Social Security and make prudent and Mr. Chairman, we must cut spending and that is critical. necessary investments in our Nation’s balance our budget but we cannot neglect our Four, and that is the thing that it schools, roads and the environment. continuing long-term needs and our respon- does not do, it does not establish mi- Over the past 15 years, unfortunately sibilities for the future. We can't chop off nority control over the budgets. we have been spending less and less on growth. I hope the amendment by the gen- our Nation’s infrastructure needs, such The Wise amendment requires honest and tleman from West Virginia [Mr. WISE] as our highways, our bridges, our water sensible budgeting and recognizes the contin- will pass. systems and so on. That is a big mis- ued importance of investment and growth. I Mr. WISE. Mr. Chairman, may I ask take. If we do not invest in our infra- urge my colleagues to support this substitute. how much time is remaining. structure and we cannot, by the way, H 730 CONGRESSIONAL RECORD — HOUSE January 26, 1995 under the Republican version of the This amendment, I think, will be budget on the backs of America's elderly by balanced budget amendment, we will something that we can use to help us raiding the Social Security Trust Fund. pay the price later on. It is the reality balance the budget and not ultimately, Second, these proposals are an invitation to of life, you pay now or you pay much as under the other versions, result in litigate rather than legislate budgets. Future more later. simply litigating the budget every Congresses could find it too politically difficult Let us protect our seniors while plan- year, which would not effectively help to take the painful steps necessary to elimi- ning prudently for our children. us and in fact would diminish, I think, nate the deficit under these amendments. Or, Vote for common sense and long- the quality of our government. establishing a constitutional imperative to bal- term stability, Members, vote for the So I would be very enthusiastically ance the budget will inevitably draw the courts Wise substitute. in support of the Wise amendment and into a myriad of questions involving proce- Mr. WISE. Mr. Chairman, I yield 1 reject the other versions offered here dures, definitions, and substance. Disgruntled minute to the gentleman from Mon- today. participants in the budget process such as citi- tana [Mr. WILLIAMS]. Mr. Chairman, I rise in support of the Wise zens who loose benefits or Governors trying to Mr. WILLIAMS. Mr. Chairman, any- balanced budget amendment and in opposi- deal with Federal mandates will flock to the body want to make a bet? I will wager tion to the Barton, Stenholm, Owens, Conyers, courts. that by the time this historic debate is and Gephardt proposals. Third, for the most part, Members of Con- over, the American people know more If the Congress is going to amend the Con- gress are not economists and we would be about the technical specifics of the O.J. stitution and insert economic policy into the wise to recognize that the economic impacts Simpson trial than they do about the document that has guided our Nation for over of a balanced budget on financial markets and most rudimentary basic matters of ac- 200 years, then only a proposal that is similar the pocket books of working Americans could counting of the Federal budget. But to State constitutional balanced budget be very severe. For example, do Members this debate helps to teach them one amendment should be passed. really understand the difference between re- thing: We want government run like a If Members truly want to protect Social Se- ceipts and revenues? Do you really feel that business. curity from cuts, then it must be included in Congress or even the Congressional Budget Being from Montana, I want the Fed- the Constitution. Office can accurately estimate receipts and eral Government to keep its books like If Members really want to remain faithful to outlays? Indeed, when the Republicans on the my State keeps its books because it the intentions of the Constitution's framers, Judiciary Committee changed the definition of has a balanced budget. I want the Fed- then they need to maintain their tradition of ``receipts'' to ``revenues'', they conveniently left eral Government to keep its books the simple majority rule. the door open for new user fees or increases way our families have to keep their If Members want to allow Federal responses in existing user fees. The American people books. to national economic emergencies, they need should realize that under the Barton amendment fees to enter National Parks could sky- That is what the Wise amendment to support a national economic emergency rocket. does; it is called capital budgeting. provision. Fourth, the American people should realize Let the Federal Government keep Only the Wise balanced budget amendment that none of these proposals outlines how to their books the way Montana keeps our contains all these elements, and that is why I balance the budget. The new Republican lead- books, the way our families keep their support it. ership is unwilling to say what they would cut. books. Mr. Chairman, we are debating this issue Instead, their contract promises to cut taxes Pay attention, because the Members today because the American people want and increase defense spending which will ac- who do not vote for this budget do not Congress to do something about the budget tually increase the deficit. They say they will really want to run this Government deficit. balance the budget without cuts in Social Se- the way businesses run their busi- However, with Congress soon to debate a curity, but why won't they put it in the amend- nesses, the way a family keeps its return to supply-side economics, it is important ment? If they are not going to cut Social Secu- books. to remember when the deficit problem began rity, what will they cut? Will they cut veterans Now we are going to find out who and what policies led to a burgeoning deficit. benefits? Again, they say no, but the Judiciary really means it. During the 1980's, under Republican Presi- Committee Republicans did not vote for the Mr. WISE. Mr. Chairman, I have no dent's, the deficit and debt ballooned mas- Reed amendment to protect these benefits additional speakers except myself to sively. Unfortunately, the much-ballyhooed ris- from the cuts needed to achieve a balanced close, and I ask whether the gentleman ing tide only increased the deficit. Some bene- budget. So I ask my colleagues, what will you intended to make any remarks in clos- fited from upper-income tax cuts, but the ma- cut? ing. jority of Americans lost out. Finally, nothing in these amendments recog- Mr. CANADY of Florida. Mr. Chair- We should also recognize that the most ar- nizes that Congress has no control over a man, I do not yield any time now. I un- dent proponents of the Republican balanced large portion of the budget, namely interest derstand I have the right to close. budget amendment did not vote for the Presi- payments. In addition, Congress has little or The CHAIRMAN. The gentleman dent's $600 billion deficit reduction bill. Indeed, no control over the Federal Reserve which ba- from Florida is correct that he has the for the first time since President Harry Tru- sically establishes interest rates. In one fell right to close. man, the deficit has fallen for 3 years in a row. swoop, the Federal Reserve could raise inter- Mr. WISE. Mr. Chairman, I yield 1 Members who supported the President's defi- est rates in mid-fiscal year and throw a mon- minute to the gentleman from Rhode cit reduction package took a tough vote that key wrench into all of Congress' estimates as Island [Mr. REED]. has really reduced the deficit. well as cause drastic reductions in Federal (Mr. REED asked and was given per- As I said before, our constituents want us to programs. mission to revise and extend his re- take further action on the deficit, but there is Mr. Chairman, the American people want us marks.) nothing stopping us from doing so right now. to reduce the deficit, and I share this goal. I Mr. REED. Mr. Chairman, I rise in We don't need a Constitutional amendment, have already voted to reduce the deficit by strong support of the Wise amendment we just need Members who are willing to $600 billion, and I stand ready to work for fair, and in opposition to the other amend- make some of the hard choices they get paid honest, well-thought-out cuts. However, I can- ments being proposed here today. to make. not and will not support those versions of the We have to recognize first that if we I have a number of specific problems with balanced budget amendment which do not are going to balance the budget in a the Stenholm and Barton balanced budget protect Social Security. constitutional fashion, we have to pro- amendments. Mr. WISE. Mr. Chairman, I yield my- tect Social Security. The Wise amend- First and foremost, neither version constitu- self my remaining time. ment does this. tionally protects Social Security from the chop- The CHAIRMAN. The gentleman We also have to recognize that one of ping block. Social Security is at the heart of from West Virginia [Mr. WISE] is recog- the first problems we face in creating a our social compact with the American people. nized for 13⁄4 minutes. budget is to recognize the difference Most importantly, we should not allow future b between capital expenses and operating Congresses, which will actually have the re- 1400 expenses, and the Wise amendment sponsibility for enacting a balanced budget Mr. WISE. Mr. Chairman, this debate does this also. under these amendments, to balance the is about whether or not we invest in January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 731 our future, and there are a lot of bal- Frank (MA) Lowey Reynolds Myrick Roukema Tanner Frost Maloney Richardson Nethercutt Royce Tate anced budget amendment proposals out Furse Manton Rivers Ney Sabo Tauzin here today. But make sure everyone Gejdenson Markey Roemer Norwood Salmon Taylor (MS) understands this is the only one that Gephardt Martinez Roybal-Allard Nussle Sanford Taylor (NC) truly reflects the way families balance Gibbons Mascara Sanders Orton Saxton Thomas Gonzalez Matsui Sawyer Oxley Scarborough Thornberry their budgets and the way States and Green McCarthy Schumer Packard Schaefer Tiahrt businesses balance their budgets. Gutierrez McDermott Scott Pallone Schiff Torkildsen Every small business person knows Hall (OH) McKinney Slaughter Parker Schroeder Traficant when they buy that piece of equipment Hamilton Meek Stark Paxon Seastrand Upton Harman Menendez Stokes Payne (VA) Sensenbrenner Vento to increase productivity that is some- Hastings (FL) Mfume Studds Peterson (FL) Serrano Visclosky thing that is a long-term asset, and Hefner Miller (CA) Stupak Peterson (MN) Shadegg Vucanovich they borrow to do that. They do not Hilliard Mineta Tejeda Petri Shaw Waldholtz Thompson Pickett Shays Walker borrow, or they should not borrow, for Hinchey Mink Holden Moakley Thornton Pombo Shuster Walsh their payroll. They should not borrow Hoyer Moran Thurman Porter Sisisky Wamp for consumption expenditures. Every Jackson-Lee Nadler Torres Portman Skaggs Ward family knows the same thing, whether Jefferson Neal Torricelli Poshard Skeen Watts (OK) Johnson (SD) Oberstar Towns Pryce Skelton Waxman it is the mortgage or the car or the col- Johnson, E. B. Obey Tucker Quillen Smith (MI) Weldon (FL) lege education. Johnston Olver Velazquez Quinn Smith (NJ) Weldon (PA) When does the Federal Government Kanjorski Ortiz Volkmer Radanovich Smith (TX) Weller Waters Ramstad Smith (WA) White learn this lesson? We all want a bal- Kennedy (MA) Owens Kennedy (RI) Pastor Watt (NC) Regula Solomon Whitfield anced budget? We want to make sure Kildee Payne (NJ) Williams Riggs Souder Wicker that we also have in it what is nec- LaFalce Pelosi Wise Roberts Spence Wilson essary for growth. I think it should be Lantos Pomeroy Woolsey Rogers Stearns Wolf Lewis (GA) Rahall Wyden Rohrabacher Stenholm Young (AK) pointed out that physical infrastruc- Lipinski Rangel Wynn Ros-Lehtinen Stockman Young (FL) ture expenditures have been cut by Lofgren Reed Yates Rose Stump Zeliff one-half over the past two decades as a Roth Talent Zimmer percentage of gross domestic product. NOES—291 ANSWERED ‘‘PRESENT’’—1 We are spending half as much in rela- Allard Deal Houghton Neumann tion to our economy as we did before. Andrews DeLay Hunter Archer Deutsch Hutchinson NOT VOTING—4 We see it reflected in productivity. Armey Diaz-Balart Hyde Bishop Rush Other nations spend far more in rela- Bachus Dickey Inglis Fields (LA) Spratt tion to their economies. Their econo- Baesler Dooley Istook mies and productivity are much higher. Baker (CA) Doolittle Jacobs b 1419 Baker (LA) Dornan Johnson (CT) It is time for us to be moving in line. Ballenger Dreier Johnson, Sam Mr. WARD changed his vote from With this amendment you get several Barr Duncan Jones ‘‘aye’’ to ‘‘no.’’ things. You take Social Security off Barrett (NE) Dunn Kaptur Bartlett Edwards Kasich Mr. MCDERMOTT and Mr. DE LA budget. You take it out of the balanced Barton Ehlers Kelly GARZA changed their vote from ‘‘no’’ budget procedure. No one can go after Bass Ehrlich Kennelly to ‘‘aye.’’ it. You make it possible for invest- Bateman Emerson Kim So the amendment in the nature of a ment, just like families do, just like Bentsen English King Bereuter Ensign Kingston substitute was rejected. businesses do. Berman Evans Kleczka The result of the vote was announced I urge adoption of the Wise amend- Bevill Everett Klink as above recorded. ment. Bilbray Ewing Klug Bilirakis Fawell Knollenberg b 1420 Mr. CANADY of Florida. Mr. Chair- Bliley Fields (TX) Kolbe man, I yield back the balance of my Blute Filner LaHood The CHAIRMAN. It is now in order to time. Boehlert Flanagan Largent consider the amendment numbered 25 The CHAIRMAN. All the time has ex- Boehner Foley Latham Bonilla Forbes LaTourette to be offered by the gentleman from pired. Bono Fowler Laughlin Michigan [Mr. CONYERS]. Brewster Fox Lazio The question is on the amendment in AMENDMENT IN THE NATURE OF A SUBSTITUTE the nature of a substitute offered by Browder Franks (CT) Leach Brownback Franks (NJ) Levin OFFERED BY MR. CONYERS the gentleman from West Virginia [Mr. Bryant (TN) Frelinghuysen Lewis (CA) Mr. CONYERS. Mr. Chairman, I offer WISE]. Bunn Frisa Lewis (KY) an amendment in the nature of a sub- The question was taken; and the Bunning Funderburk Lightfoot stitute. Chairman announced that the noes ap- Burr Gallegly Lincoln Burton Ganske Linder The CHAIRMAN. The Clerk will des- peared to have it. Buyer Gekas Livingston ignate the amendment in the nature of RECORDED VOTE Callahan Geren LoBiondo a substitute. Calvert Gilchrest Longley Mr. WISE. Mr. Chairman, I demand a Camp Gillmor Lucas The text of the amendment in the na- recorded vote. Canady Gilman Luther ture of a substitute is as follows: A recorded vote was ordered. Cardin Goodlatte Manzullo Amendment in the nature of a substitute Castle Goodling Martini The vote was taken by electronic de- Chabot Gordon McCollum offered by Mr. CONYERS: vice, and there were—ayes 138, noes 291, Chambliss Goss McCrery Strike all after the resolving clause and in- answered ‘‘present’’ 1, not voting 4, as Chapman Graham McDade sert the following: follows: Chenoweth Greenwood McHale That the following article is proposed as an Christensen Gunderson McHugh amendment to the Constitution of the Unit- [Roll No 44] Chrysler Gutknecht McInnis Clement Hall (TX) McIntosh ed States, which shall be valid to all intents AYES—138 Coble Hancock McKeon and purposes as part of the Constitution Abercrombie Clay Dicks Coburn Hansen McNulty when ratified by the legislatures of three- Ackerman Clayton Dingell Collins (GA) Hastert Meehan fourths of the several States within seven Baldacci Clinger Dixon Combest Hastings (WA) Metcalf years after the date of its submission for Barcia Clyburn Doggett Condit Hayes Meyers ratification. Barrett (WI) Coleman Doyle Cooley Hayworth Mica Becerra Collins (IL) Durbin Cox Hefley Miller (FL) ‘‘ARTICLE — Beilenson Collins (MI) Engel Cramer Heineman Minge ‘‘SECTION 1. Prior to each fiscal year, Con- Bonior Conyers Eshoo Crane Herger Molinari gress shall, by law, adopt a statement of re- Borski Costello Farr Crapo Hilleary Mollohan ceipts and outlays for such fiscal year in Boucher Coyne Fattah Cremeans Hobson Montgomery Brown (CA) de la Garza Fazio Cubin Hoekstra Moorhead which total outlays are not greater than Brown (FL) DeFazio Flake Cunningham Hoke Morella total receipts. Congress may, by law, amend Brown (OH) DeLauro Foglietta Danner Horn Murtha that statement provided revised outlays are Bryant (TX) Dellums Ford Davis Hostettler Myers not greater than revised receipts. Congress H 732 CONGRESSIONAL RECORD — HOUSE January 26, 1995 may provide in that statement for a specific case may be, to implement the plan set forth KASICH] said this was not true. To say excess of outlays over receipts by a vote di- in the concurrent resolution.’’ what it is going to be like 7 years from rected solely to that subject in which a ma- The CHAIRMAN. Pursuant to the now, and I quote, ‘‘would be an exercise jority of the whole number of each House agree to such excess. Congress and the Presi- rule, the gentleman from Michigan that would not tell the real story. dent shall ensure that actual outlays do not [Mr. CONYERS] will be recognized for 30 Rather,’’ he said, ‘‘the Budget Commit- exceed the outlays set forth in such state- minutes, and a Member opposed, the tee will present a 5-year budget plan ment. gentleman from Virginia [Mr. for how to get the road map to get us ‘‘SECTION 2. Prior to each fiscal year, the GOODLATTE] will be recognized for 30 on a glide path to zero.’’ President shall transmit to Congress a pro- minutes. If that is the case, my colleagues, posed statement of receipts and outlays for The Chair recognizes the gentleman then why are we voting on an amend- such fiscal year consistent with the provi- ment to balance the budget before we sions of this Article. from Michigan [Mr. CONYERS]. ‘‘SECTION 3. Congress may waive the provi- Mr. CONYERS. Mr. Chairman, I yield vote on the budget plan? It makes no sions of this Article for any fiscal year in myself such time as I may consume. sense. But my amendment corrects the which a declaration of war is in effect. The My colleagues, I am offering the illogic of this provision. provisions of this Article may be waived for amendment that has been called the The second major change that I pro- any fiscal year in which the United States truth in budgeting amendment, and I pose in this substitute would be able to faces an imminent and serious military do so for a simple reason. It is time safeguard Social Security benefits. I threat to national security and is so declared that we force ourselves to quit talking think we have heard this subject be- by a joint resolution, adopted by a majority of the whole number of each House, which in glittering generalities about want- fore. We keep coming back to it, safe- becomes law. ing to balance the budget by showing guard Social Security benefits. ‘‘SECTION 4. Total receipts shall include all exactly how the deficit will be reduced The Social Security system is the receipts of the United States except those over the next 7 years. Without full dis- most successful social insurance pro- derived from borrowing and total outlays closure of the details, Mr. Chairman, gram in the Nation’s history. Forty- shall include all outlays of the United States we are simply engaging in a rhetorical two million Americans currently re- except those for the repayment of debt prin- exercise that will signify nothing. ceive Social Security benefits, and an- cipal. Total receipts shall not include re- My amendment requires that before other 134 million citizens are working ceipts (including attributable interest) for the financing of benefits and administrative the balanced budget amendment could and building credits for future benefits. expenses of the Federal Old-Age and Survi- be ratified and take effect, the Con- Because of the public’s concerns that vors Insurance Trust Fund and the Federal gress would be required to formally the Social Security surplus not be used Disability Insurance Trust Fund, or any suc- adopt a plan showing precisely how it to pay for other Government programs, cessor funds, and total outlays shall not in- would propose to achieve a balanced there has been a longstanding consen- clude outlays for disbursements of the Fed- budget. sus that it should be taken off budget. eral Old-Age and Survivors Insurance Trust Mr. Chairman, my amendment sets This is not an historical vestige from Fund for benefits and administrative ex- out in a simple and straightforward the 1930’s or the 1940’s. It was penses and the Federal Disability Insurance Trust Fund for benefits and administrative fashion, first, before the constitutional reaffirmed in a unanimous vote last expenses, or any successor funds. The re- amendment could take effect, Congress year implementing the Budget En- ceipts and outlays referred to in the preced- would be required to pass legislation forcement Act’s determination to ex- ing sentence shall be limited to receipts and showing precisely what the budget will clude Social Security receipts and out- outlays that provide old-age and survivor be for the fiscal years 1996 through 2002, lays from traditional budget calcula- cash benefits for individuals based upon their containing aggregate levels of new tions, and again on this subject there earnings and dependents of such earners or budget authority, outlays, reserves, has been a variety of Republican expla- provide disability cash benefits for disabled and the deficit and surplus, as well as nations about whether we will keep it individuals based upon their earnings and dependents of such earners. new budget authority and outlays on in for calculation or whether it is on ‘‘SECTION 5. All votes taken by the House an account-by-account basis. the table or off the table, and I am say- of Representatives or the Senate under this Let us be clear. Cutting the deficit is ing to my colleagues that we should Article shall be rollcall votes. important work, and Congress and the clear it up in this substitute amend- ‘‘SECTION 6. Congress shall enforce and im- administration took significant and ment that now speaks to truth in budg- plement this Article by appropriate legisla- painful action over the last 2 years to eting and safeguarding Social Security tion. bring about the $700 billion in deficit benefits. ‘‘SECTION 7. This Article shall take effect reduction. The effort needs to continue for the fiscal year 2002 or for the second fis- b 1430 cal year beginning after its ratification, unabated. I am convinced that the whichever is later, if Congress agreed to a American people want action, not talk, Yet at the Committee on the Judici- concurrent resolution setting forth a budget and they want Congress to deal with ary debate and at the Committee on plan to achieve a balanced budget not later them openly and honestly, and that is Rules hearing, we learned that the than that fiscal year as follows: what this amendment proposes to do, other side had no intention of bal- ‘‘(1) A budget for each fiscal year beginning and it is inconceivable that we would ancing the budget without tapping with fiscal year 1996 and ending with that consider and vote on a constitutional into, if necessary, the Social Security first fiscal year (required by this article) amendment without even discussing trust fund. containing— ‘‘(A) aggregate levels of new budget au- the foreseeable outcomes of that The respected chairman of the Com- thority, outlays, revenues, and the deficit or amendment in terms of the budget cuts mittee on the Judiciary said cuts surplus; that will necessarily ensue. would be ‘‘too draconian’’ otherwise. ‘‘(B) totals of new budget authority and We are still waiting for the Contract The devastating corollary is that the outlays for each major functional category; With America group to release the de- Social Security benefits will indeed be ‘‘(C) new budget authority and outlays, on tails of their specific plans to balance on the chopping block, either when the an account-by-account basis, for each ac- the budget, and in the meantime they surplus runs out of money, or perhaps count with actual outlays or offsetting remove at fast forward to amend the even earlier. ceipts of at least $100,000,000 in fiscal year 1994; and Constitution of the United States. Just We all know that concurrent resolu- ‘‘(D) an allocation of Federal revenues last week the Speaker promised the tions which purport to protect Social among the major sources of such revenues. voters an explicit statement of how Re- Security, like the one we voted on yes- ‘‘(2) A detailed list and description of publicans plan to balance the budget terday, are often not worth the paper changes in Federal law (including laws au- by the year 2002. At his news con- they are printed on. Perhaps they are thorizing appropriations or direct spending ference he stated that we will have not even fig leaves. and tax laws) required to carry out the plan probably at the end of April a thor- The only way to truly protect Social and the effective date of each such change. oughly laid out 7-year trajectory that Security is to provide clear and ex- ‘‘(3) Reconciliation directives to the appropriate committees of the House of Represent- will get us right to a balanced budget. plicit language in the Constitution pro- atives and Senate instructing them to sub- But seconds later the distinguished viding that Social Security receipts mit legislative changes to the Committee on new chairman of the Committee on the and outlays are to be excluded from the Budget of the House or Senate, as the Budget, the gentleman from Ohio [Mr. budget calculations. My amendment January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 733 gives every Member a chance to go on Mr. HYDE. But, sir, no more vulner- party is on the opposite side of that record in support of maintaining our able than it is today. It is on the table barricade. trust with the American people in this for that purpose today. Mr. Chairman, under article V of the regard. Mr. CONYERS. But we are taking it Constitution, the House and Senate by Truth in government has to start out. That is the point we have been de- two-thirds votes can propose amend- with truth in budgeting. This amend- bating on Social Security for 2 days ments. Article V specifies in part that ment, I suggest, gives everyone in the now and in our committee. We want to such amendments shall be valid to all Chamber a chance to sign a real pledge take it off the table and out of it for intents and purposes as part of this with the American people with respect calculation purposes as well, sir. Constitution when ratified by the legis- to each citizen’s right to know about Mr. HYDE. Mr. Chairman, reclaiming latures of three-fourths of the several the hard choices ahead. Let us not lose my time, I thank the gentleman. We States. heart now. Please support my amend- Republicans have been beaten over the The Conyers substitute imposes an ment. head with the Social Security issue for unprecedented condition on a constitu- Mr. Chairman, I reserve the balance years by the opposition party, the re- tional amendment taking effect. The of my time. cent majority party, now minority effective date provision of House Joint Mr. GOODLATE. Mr. Chairman, I party. ‘‘Save Social Security, vote Resolution 1, section 9, says the article rise in opposition to this amendment, Democrat.’’ In 1982 it was particularly shall take effect for the fiscal year 2002 and I yield such time as he may effective. So you have gotten on to a or for the second fiscal year beginning consume to the gentleman from Illi- good thing. And despite the fact we are after ratification, whichever is later. trying to protect Social Security, you nois [Mr. HYDE], the distinguished The Conyers substitute, however, chairman of the Committee on the Ju- accuse us of trying to weaken it and amends section 9 to condition the arti- diciary. endanger it. cle taking effect on Congress having (Mr. HYDE asked and was given per- The real protection of Social Secu- passed a concurrent resolution setting mission to revise and extend his re- rity comes from having a sound econ- forth a budget plan with all the various marks.) omy and stopping the mounting debt, ingredients and nuances and guesses Mr. HYDE. Mr. Chairman, I thank which is already $4.7 trillion, and stop- and speculations to achieve a balanced ping the erosion of our economy by the gentleman for yielding. budget by the effective date. having to be obligated every year for Mr. Chairman, truth in budgeting has Mr. Chairman, I suggest a ratifica- $225 billion in debt service, which buys a ring to it. I will tell you another tion process which requires favorable nothing but pays off the bondholders. If phrase I like, truth in debating. Not action by 38 States is a sufficient de- we keep pursuing that course of action, terrent to improvident changes in the that anybody tells an untruth around the seniors do have a lot to worry Constitution, a sufficient deterrent to here, but there are shadings of mean- about. the fast track the gentleman complains ings that sometimes distort the re- So let us get that straight. It was about. The fact that in over two cen- ality. your party that taxed Social Security turies, only 27 times has the Constitu- Social Security is containly one. I in the last budget that you gave us, tion been amended, including the first have been quoted, and I quote from my and we to a man resisted it. So let us 10 amendments of the Bill of Rights, distinguished friend from Michigan, not pretend we are the valiant defend- demonstrates that the process is al- that I was supporting ‘‘tapping into the ers - of - all - things - Social - Security, ready sufficiently and advisedly cum- Social Security fund.’’ The last thing I when you are the people who taxed it, bersome. want to do is tap into the Social Secu- and, if we follow your recommendation, b rity fund. the economy will be down the tubes. 1440 The gentleman the other day said So that is, indelicately, where we The condition the Conyers substitute that I said Social Security was on the are. would impose is congressional agree- table. I do not know what that means, Mr. CONYERS. Mr. Chairman, will ment to a concurrent resolution set- but I will tell you what I mean. I mean the gentleman yield? ting forth a budget plan—not only does that the present situation which exists Mr. HYDE. I yield to the gentleman the amendment specify where we are as we speak, that Social Security is in- from Michigan. headed, but he wants a road map as cluded in calculating receipts to the Mr. CONYERS. Mr. Chairman, I like part of the amendment—to achieve a Government for purposes of the gentleman’s recent history about balanced budget not later than the fis- ascertaining the deficit, is exactly the who supported which party. May I re- cal year when the amendment takes ef- situation that will obtain and continue mind the gentleman that Social Secu- fect. under the balanced budget amendment. rity was a Democratic Social Security The language of the substitute is am- No change whatsoever from current insurance policy. biguous on when Congress has to agree practice. The balanced budget amend- Mr. HYDE. Absolutely. I remember to the current resolution, but the im- ment does not have a word in it about that. I was alive then. plication from requiring budgets for tapping into Social Security. You cal- Mr. CONYERS. That was opposed by fiscal years beginning in 1996 is that culate it, but that is all you do. You do Republicans. That is where this divi- Congress must speculate in advance de- not invade it. And there is nothing in sion came from. Did you recall that in tails of the Federal budget for at least the amendment that will indicate that history? a 7-year period. Such an unreasonable you do that. Mr. HYDE. Yes, 1935. I remember. I requirement is inconsistent with the So I want to make it clear, I am ada- was there. The Cubs won the pennant, purpose of the amendment itself: mantly opposed to tapping into Social and so did Detroit. namely, that the discipline of a con- Security, and I oppose the notion of Mr. CONYERS. The point of the mat- stitutional amendment is desperately Social Security being on the table, un- ter is that Republicans have resisted needed to achieve a balanced budget. less it is for calculating only what the the Social Security program. Experience documents the failed leg- total receipts of the Government are, Mr. HYDE. They were wrong. islative attempts we have made over as we do today for figuring the deficit. Mr. CONYERS. But when it was and over, wearyingly, to achieve a bal- Mr. CONYERS. Mr. Chairman, will brought first to the Federal debate in anced budget in the absence of a con- the gentleman yield? Congress. So it is not something recent stitutional amendment. Mr. HYDE. I yield to the gentleman that just happened, that we were tag- The language of the Conyers sub- from Michigan. ging you. This resistance has been re- stitute ignores this experience by man- Mr. CONYERS. Mr. Chairman, I revealed time and time again, and comes dating that agreement on the details of spect the chairman and am glad he up again in this debate. achieving a balanced budget must be yielded. But being able to put it on the Mr. HYDE. Mr. Chairman, reclaiming reached before it can be determined table for calculation only leaves it vul- my time, I would say we are now the that the Constitution will be amended. nerable to being tapped into. quick learners, and the gentleman’s That puts the cart before the horse. H 734 CONGRESSIONAL RECORD — HOUSE January 26, 1995 It is impractical to delineate budg- have said that Government needs to re- I urge my colleagues to vote ‘‘no’’ on etary details 7 or more years in ad- spond to openness, that Government this substitute and vote for the Schae- vance. That ought to be obvious. The needs to do its business in the open and fer-Stenholm substitute when it comes dramatic changes in our world during Government needs to be honest with up. the last 7 years underscore the futility the people it represents.’’ Mr. CONYERS. Mr. Chairman, I yield of predicting national needs through Also, during the A-to-Z spending cuts 2 minutes to the gentleman from Cali- fiscal year 2002 or beyond. deliberation, the Republicans de- fornia [Mr. BECERRA], a member of the We can agree now that we do not manded that an open discussion on Committee on the Judiciary. want our country to continue spending budget policies be allowed. I rose then (Mr. BECERRA asked and was given beyond its means. But we cannot pre- in the spirit of bipartisanship and permission to revise and extend his re- determine priorities among future pleaded that my own party permit a marks.) needs. We know we must not continue legistimate debate which would afford Mr. BECERRA. Mr. Chairman, I spending beyond our means, but we are Memberts and all Americans the oppor- thank the ranking member from Michi- not omniscient and cannot allocate re- tunity to address their concerns. I gan for yielding time to me. sources way into the future with any stood with the Republican leadership Let me begin by saying that I agree degree of logic or accuracy. We just and insisted that openness supersede with my chairman, the gentleman from lack the information to make informed secrecy. Illinois [Mr. HYDE], that the Repub- judgments today about the details of Today we are faced with a vital issue, spending priorities in the year 2002. amending the Constitution of the Unit- licans were wrong in 1935 to oppose the Two very important provisions of ed States. Yet the same Members who creation of Social Security. And, Mr. House Joint Resolution 1 are omitted pleaded, demanded, and cried that we Chairman, Republicans are wrong from the substitute of the gentleman proceed with openness now dictate se- today to oppose protecting Social Se- from Michigan [Mr. CONYERS]. The ab- crecy. curity. sence of special voting requirements to Mr. Chairman, I ask the Republicans Today’s Republicans should not increase taxes certainly will lead to ex- to do nothing more than I demanded of make the same mistake and let history cessive reliance on tax increases rather my own party during the A-to-Z delib- repeat itself again, as it did back when than spending cuts, a course of action erations, that being openness rather Republicans in 1935 opposed Social Se- that can depress economic growth. The than secrecy. Balancing the budget is a curity. absence of protections against in- good idea, but enacting a secret eco- The truth-in-budgeting provision creases in the debt ceiling may result nomic policy that ultimately could cut merely asks that Congress tell the in continued borrowing. It will result vital programs for our children, senior American people how it will balance in continued borrowing, which will citizens, and veterans puts secrecy the Federal budget. I call it the put up cloud our country’s future. ahead of open Government. The fact re- or shut up requirement. A balanced budget constitutional mains that Americans have been kept If Republicans want to talk about amendment that overlooks the poten- in the dark regarding the specific cuts. balancing the budget, then they should tial for tax increases and continued Seniors deserve to know if Social Se- put up the numbers. But yet the Re- borrowing is borrowing trouble. It is curity or Medicare will be chopped. publicans refuse to talk to the Amer- seriously deficient. Veterans have the right to know if ican people and tell them how they will Finally, the pending substitute’s their pensions will be cut. Parents have cut $1.3 trillion to balance the budget. treatment of Social Security detracts the right to know if school loans or They refuse to protect Social Security from rather than enhances protections health care will be reduced or elimi- in their balanced budget amendment. for old Americans. nated. And at the same time in their Contract For these reasons and many others, I Mr. Chairman, I will not vote for a With America they want to increase urge my colleagues to vote against the back door scheme to destroy the very spending for the military and cut Conyers substitute. programs that give Americans some de- taxes, mostly for the rich. Mr. Chairman, I reserve the balance gree of security. Well, yesterday I actually got an idea of my time. Finally, I would like to give credit to the gen- of how the Republicans want to take Mr. CONYERS. Mr. Chairman, I yield tleman from Texas [Mr. STENHOLM]. I know he this particular amendment and pass it 2 minutes and 15 seconds to the gentle- recognises and appreciates the truth-in-budg- and why they refuse to tell the Amer- woman from Florida [Mrs. THURMAN]. eting ideas, and I applaud his hard work on ican people anything about how they (Mrs. THURMAN asked and was this issue. given permission to revise and ex- Mr. GOODLATTE. Mr. Chairman, I would balance the budget. Let me tended her remarks.) yield 1 minute to the distinguished quote one of my Republican colleagues, Mrs. THURMAN. Mr. Chairman, re- gentleman from Colorado. [Mr. SCHAE- who yesterday spoke on this floor, cent polls show that 86 percent of the FER]. when he said that telling people how American people want to know where Mr. SCHAEFER. Mr. Chairman, I they would balance the budget, cut $1.2 the cuts will be made before a balanced thank the gentleman for yeilding time trillion—what that would mean. budget amendment is approved; 80 per- to me. He said, ‘‘That is like telling George cent of voters want Social Security ex- I just want to make one brief point Seifert of the San Francisco 49ers that cluded from a balanced budget amend- here. The entire reason that we are before he can play the Chargers this ment, and a broad cross section of vot- here to debate this balanced budget Sunday in the Super Bowl, he must ers across both age and political lines amendment is because there exists a turn over the playbook before the big believe Social Security and Medicare fundamental bias toward deficit spend- game.’’ should not be cut in order to balance ing in this town. Requiring a three- My goodness, here we have it. This is the budget. fifths vote to borrow money is nec- the playbook of the Republican Party, Why then has the Republican leader- essary to give American taxpayers to cut taxes, to cut Social Security. ship refused to include the American equal protection in Washington. The They will not tell us because the Char- people in the process by keeping them substitute only requires a majority to gers—in this case the American peo- in the dark regarding the specific cuts borrow money. This is what got us in ple—would have the playbook. that will be made? trouble in the first place. The American people would know In the 103d Congress we discussed on Since I came to Congress, in 11 years what the 49ers or the Republicans are this floor the discharge petition proc- the national debt has escalated up $3 going to do. My goodness, is it such a ess. This became an issue between se- trillion. Now, this has been done just sin for the American people to want to crecy and openness. A current Repub- by majority votes. That is why we need know what this House will do? This is lican member of the Committee on three-fifths in there, to not get our- not a game of football. This should not Rules said then, and I quote, ‘‘the selves in a place where we are going to be a game of hide and seek. American people have said Government go more and more into deficit spend- We all should know where the cuts has to change. The American people ing. will come. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 735 b 1450 cause it brings a measure of common the budget, but we have to do it gradu- Mr. GOODLATTE. Mr. Chairman, I sense to the balanced budget amend- ally, not by some gimmick that was yield myself such time as I may ment proceedings. As it stands, the ma- thought up as a campaign slogan and consume. jority wants to lock Congress into hav- has now worked its way to a constitu- Mr. Chairman, I think the minority ing a balanced budget by the year 2002, tional amendment. party needs to come clean on this. yet hamper its option to raise taxes or Yes, Mr. Chairman, our Government They are simply using this amendment expand the deficit. By all but closing is sick. We do have too much deficit as a last desperate shield to stop the this option, the majority’s intent is spending. However, when we admin- balanced budget amendment. They very clear: yank the rug out from ister to a sick patient an overdose of know a real balanced budget amend- under our Nation’s elderly and dis- therapy, the patient can die. ment will stop the gigantic spendathon abled. There are better ways to balance the they have been on for over 40 years. Mr. Chairman, our Nation’s senior budget, and if those who support the American families know that trying citizens have worked all of their lives amendment are so sure that their way to get Democrats to quit spending tax- with the expectation of a safety net, is best, then they would not be afraid payer dollars is like trying to knock and they have worked for most of their to show the kinds of cuts, which many hungry buzzards off a meat wagon. lives to pay for it. They trusted us, Mr. of us believe are draconian, that will That is why we need to reject the Chairman, and I, for one, will not be- occur as a result of the amendment. It Democrats’ attempt to derail the bal- tray them. is plain and simple. anced budget amendment. I support the Conyers substitute be- Mr. Chairman, you cannot trick peo- Let us send a real message to hard- cause it does away with the ple. If you do not have the courage to pressed Americans that their Congress, supermajority tax and deficit provi- say what the cuts are now, you will not their Representatives in Washington, sions, and it exempts Social Security have the courage to vote for the cuts are really serious about ending budget from balanced budget considerations. later, and the balanced budget amend- deficits, ending bloated Federal budg- In doing so, it frees the hands of Con- ment will end up being one more sham, ets, and ending the national debt that gress to meet our budgetary obliga- one more ruse on the American people. threatens the future of our children tions without cheating the entitled. Mr. Chairman, I ask my colleagues, and grandchildren. The substitute also mandates that Con- whether they are for or against the Mr. Chairman, this amendment is gress first spell out exactly how it is amendment, in the name of honesty in flawed. This amendment is inconsist- going to balance the budget before government, to support the Conyers ent with the ratification process envi- locking us into this do-or-die situation. amendment. sioned by our constitutional Founders, I think the American people deserve to Mr. GOODLATTE. Mr. Chairman, I by adding this superfluous language know who is going to pay the price for yield 2 minutes to the gentleman from that would have the effect of this Con- this constitutional amendment before New York [Mr. SOLOMON], the distin- gress making decisions that it has ab- it becomes law. guished chairman of the Committee on solutely no way of enforcing with fu- Mr. Chairman, I will not be a party Rules. ture Congresses that will be acting be- to deceiving the American people. Bal- Mr. SOLOMON. I thank the gen- tween now and the year 2002, when this ancing the budget is going to require tleman for yielding me the time. amendment will become fully effective mammoth cuts totaling $1.2 trillion, Mr. Chairman, I was not going to and we will have a balanced budget. and the American people have a right take the time. I have spoken enough on This susbtitute fails to include a to know what is going to be cut. this issue and everybody knows where I supermajority voting requirement to If balancing the budget means that stand. increase taxes, and this substitute fails we have to close our eyes and ears and However, I have been compiling the to provide protections against increas- harden our hearts to those who are records of all these speakers who have ing the debt above a certain level. Mr. calling and crying for jobs, shelter, been speaking against the balanced Chairman, the debt ceiling section is food, a better education, and more se- budget amendment, the members in an important feature of the Committee cure living conditions—then what pur- the Committee on Rules, the members on the Judiciary reported version of pose does the balanced budget serve? in the Committee on the Judiciary and the balanced budget constitutional Mr. GOODLATTE. Mr. Chairman, I all the rest. On this National Tax- amendment, and I would urge my col- reserve the balance of my time. payers Union rating, every single one leagues to support that version. Mr. CONYERS. Mr. Chairman, I yield of them are listed as the biggest spend- Finally, Mr. Chairman, this sub- 2 minutes to the gentleman from New ers in the Congress. Why are they up stitute does not protect Social Secu- York [Mr. SCHUMER], a member of the here? Because they do not want to cut rity, it puts Social Security in harm’s Committee on the Judiciary. the budget. way by politicizing it, by making it an (Mr. SCHUMER asked and was given Mr. Chairman, when they say there is attractive target. This Congress or fu- permission to revise and extend his re- secrecy, there is no secrecy. We are ture Congresses would have the oppor- marks.) going to enact a balanced budget tunity to put other things in the Social Mr. SCHUMER. Mr. Chairman, this is amendment. That is going to force all Security Act. This does not protect the the real moment when we know if peo- of us to tighten our belts and live with- act, it simply protects the trust fund, ple are willing to put their money in our means. and will subject the act to abuse by where their mouth is, because the bot- How are we going to do it? I pre- putting in other things like food tom line is a simple one. This amend- sented a balanced budget to this body 1 stamps and Medicare and public hous- ment simply says ‘‘If you believe in the year ago. It did not raise taxes, it did ing. We should not do that. balanced budget amendment, have the not cut Social Security, and it did not Mr. Chairman, I reserve the balance courage now to stand up and say where touch veterans’ contractual obliga- of my time. you will cut.’’ It is very plain and very tions, none of that. What it did do was Mr. CONYERS. Mr. Chairman, I am simple. eliminate 150 programs, like the Inter- pleased to yield 2 minutes to my col- When we look at what the cuts would state Commerce Commission. It league and friend, the gentlewoman be, Social Security, now maybe they privatized 25 Government agencies, from the 15th District of Michigan, will exempt it. However, if they exempt like the Federal Aviation Administra- Miss BARBARA-ROSE COLLINS. Social Security, Medicare will end as tion. It consolidated 35 Government (Miss COLLINS of Michigan asked we know it, because there will have to functions, like the Bureau of Indian af- and was given permission to revise and be at least a 30=percent cut in Medi- fairs, that has been around here for 100 extend her remarks.) care, and cuts in programs that are years. Miss COLLINS of Michigan. Mr. vital to communities throughout It downsized the Department of Edu- Chairman, I thank the gentleman from America. Then, truly, as the majority cation, which has ruined education, Michigan for yielding time to me. leader said, knees will buckle. from 5,000 employees down to 500 em- Mr. Chairman, I rise today in strong The bottom line is, many of us on ployees, and made them a policy gath- support of the Conyers substitute be- this side believe we do have to balance ering, coordinating, consulting team to H 736 CONGRESSIONAL RECORD — HOUSE January 26, 1995 help State education departments. It to the constitutional amendment. It not done that in this case. We are seeking to abolished the Department of Energy, takes it off of that. It protects it. do in 100 days that which we usually do over which has not produced one gallon of I voted for that resolution earlier on many years. Let's not forget that, in the end, oil, 16,000 employees. It converted the yesterday, knowing full well it did not it was the tortoise that won the raceÐnot the Department of Commerce, which never have the full force of making this Con- hare. Vote for the Conyers amendment. produced a nickel of profit in this stitution safe for Social Security mem- Mr. GOODLATTE. Mr. Chairman, I country, from 36,000 employees down to bers. Therefore, it protects it. If indeed yield 11⁄2 minutes to the gentleman 3,500. How would that hurt people? you are correct that you want to pro- from Nebraska [Mr. BARRETT]. Mr. Chairman, yes, it did make cuts tect Social Security, you will vote for Mr. BARRETT of Nebraska. I thank in Medicare. Do you know what it did? the Conyers amendment. the gentleman for yielding me the It means-tested people with over Finally, the three-fifths requirement time. $100,000 in income and said ‘‘You don’t creates a superminority as well as a Mr. Chairman, I rise in opposition to need Federal money to pay your health supermajority. It means that you will the Conyers version of the balanced benefits.’’ It said to people on school find the tail wagging the dog. budget amendment. I do strongly and lunch programs ‘‘You Members with As you allow a supermajority, not adamantly support amending the Con- $125,000 salaries do not need to have only do you marginalize myself, but stitution to require a balanced budget your children subsidized.’’ That is what you also create such a havoc in the ma- for the Federal Government. I hope we it did. jority rule. will approve a balanced budget amend- Have we hurt one person yet who For those three reasons, I support the ment before this day is over. truly needed help? No. Here it all is, Conyers amendment. I think the Con- I support the three-fifths require- Mr. Chairman. It does not hurt any- yers amendment perfects those flaws ment to raise taxes, but that provision body but it balances the budget. we find in House Joint Resolution 1. alone should not derail the train. We Mr. Chairman, the Conyers amendment have heard throughout the debate of b 1500 would perfect House Joint Resolution 1 to the the last 2 days how Congress has failed Mr. CONYERS. Mr. Chairman, I yield point that I would be prepared to vote for the in its fiscal problem, straying so far myself 30 seconds to ask the distin- balanced budget amendment. Throughout the from the ideals of our Founding Fa- guished chairman of the Committee on course of this debate, I have discussed the thers who considered deficit spending Rules, what reductions and cuts were areas that trouble me in the proposal as writ- to be a violation of moral principles. made in Medicare and Medicaid in the ten. The Conyers amendment cures those Jefferson and Hamilton and Madison budget proposal that the gentleman areas. First and foremost, it takes Social Se- all wrote about the dangers of public from New York offered? curity off the table. debt. Early Presidents McKinley, Mon- Mr. SOLOMON. Mr. Chairman, will The Conyers amendment includes express roe, Jackson, and Adams, they all the gentleman yield? language, in the constitutional amendment it- trusted the balanced budget as a sound Mr. CONYERS. I yield to the gen- self, not in a separate statute or in an empty maxim of political economy. tleman from New York. resolution. That express language exempts Even more importantly, Mr. Chair- Mr. SOLOMON. Only cuts that would Social Security from balanced budget calcula- man, in the here and now, our constitu- means-test Medicare, and that is where tions. I fully support that exemption. The Con- ents understand that decades of defi- 40 billion dollars’ worth of savings yers amendment also contains a provision for cits and a nearly $5 trillion debt are could be found. For people with in- ``truth-in-budgeting,'' which prevents the bal- wrong. They overwhelmingly support a comes over $100,000 we cannot afford it. anced budget amendment from going into ef- balanced budget amendment. We do not have the money. And senior fect until Congress specifiesÐon an account- We have strayed from sound fiscal citizens with incomes over $100,000 do by-account basisÐhow the budget would be policy and this debate has strayed from not mind being cut. balanced over the 7-year period. This provi- that issue, I am afraid. Again and Mr. CONYERS. Those were the only sion satisfies my concern that the American again I have heard not policy discus- cuts? people have a right to know what will be cut. sions but Members positioning them- Mr. SOLOMON. In Medicare, yes. Unlike the Barton amendment, which selves for the sound bite, using alarm- Mr. CONYERS. In Medicaid? No cuts passed earlier today, the Conyers amendment ist rhetoric about Social Security and in Medicaid? does not require a supermajority vote for the other programs that has no basis in Mr. SOLOMON. Not in my budget. Federal Government to raise needed revenue. fact. I regret the direction that the de- Mr. CONYERS. Mr. Chairman, I yield Such a requirement empowers a minority of bate has taken. I think we should 2 minutes to the gentlewoman from the Members of Congress at the expense of truthfully discuss the right direction North Carolina [Mrs. CLAYTON]. the majority. It creates a classic case of the for our country and that does include a Mrs. CLAYTON. I thank the gen- tail wagging the dog. It is not unlike creating balanced budget amendment. tleman for yielding me the time. a superior group of people to conduct the af- Mr. CONYERS. Mr. Chairman, I yield Mr. Chairman, amending the Con- fairs for the masses of people. This Nation 2 minutes to the gentleman from Vir- stitution for fiscal policy is something fought a Revolutionary War over rule by an ginia [Mr. SCOTT], a member of the I do not cherish. However, I must say unaccountable minority. That notion was unac- Committee on the Judiciary. that the Conyers amendment perfects ceptable in 1776, and it is unacceptable now. Mr. SCOTT. Mr. Chairman, I rise in House Joint Resolution 1 to the point And, finally, Mr. Chairman, the Conyers support of the Conyers amendment for where I am considering it. How does it amendment does not require a supermajority truth-in-budgeting. We need to tell the do it? Truth-in-lending, truth-in-budg- vote to make decisions about budget and truth about what is going on in the eting, as well as truth in what we are spending ceilings. This provision will force us budget. If we cannot balance the budg- supposed to do. to do what we were elected to do, and that is et by the year 2002, then we will have a We have an obligation to tell the peo- to make the hard choices, to exercise judg- supermajority requirement, 60 percent, ple where those cuts are coming from. ment, and to act in the interest of the Amer- to pass the budget. If indeed the gentleman from New York ican people. We were not sent here to create The fact is, Mr. Chairman, that it is [Mr. SOLOMON] is suggesting that his a robot-like system, with automatic spending difficult to get a simple majority to budget last year is the budget that is caps, sequestration, and other fancy tools, to step up to the plate to cast the tough going to be proposed for this year, per- make decisions for us. votes to reduce the deficit. If we are haps indeed there are some details. I Mr. Chairman, the Conyers amendment going to require a three-fifths vote, it would suggest they are not the same. does not address my primary concern with this will actually make it impossible to cut I appreciate his telling us he had de- legislation because it cannot. My primary con- the deficit because 60 percent will tails, but in fact he received 73 votes cern is that, because we have fixed an arbi- never step up to the plate to cast those and that is not a constitutional amend- trary, hasty schedule to act quickly, we may votes. ment, even in that time. not be acting wisely. The Constitution of the The gentleman from New York men- The other reason I think the Conyers United States is a sacred document. Changes tioned his budget. The thing he left out amendment perfects my concern, it to it should be made only after careful consid- is that it only got 73 votes. It is much does not make Social Security subject eration and cautious deliberations. We have more likely to get 60 percent to accept January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 737 a pork-laden budget that has some- budgeting. Let us make sure that this Mr. STENHOLM. Mr. Chairman, I thing for everybody, just like the tax amendment passes so the American rise in opposition to the constitutional cuts and excess spending in the so- people, the States and the Governors, amendment being offered by my friend called Contract With America. those that are going to bear the re- and colleague, Mr. CONYERS. I do, how- The Conyers truth-in-budgeting not sponsibility of this amendment, see ever, want to commend the gentleman only tells the truth about Social Secu- what is happening. from Michigan for his efforts in putting rity, it protects Social Security. together this amendment and I am Mr. Chairman, I would hope that ev- b 1510 very pleased that he has joined the eryone would support the Conyers Mr. GOODLATTE. Mr. Chairman, I growing number of Members who sup- amendment. reserve the balance of my time. port the principle of amending the Con- Mr. CONYERS. Mr. Chairman, I yield Mr. CONYERS. Mr. Chairman, I am stitution to require a balanced Federal 1 minute to the gentleman from Ken- delighted to yield 2 minutes to my budget. tucky [Mr. WARD]. friend and colleague, the gentleman Like several of the other amend- (Mr. WARD asked and was given per- from Michigan [Mr. LEVIN]. ments, the Conyers substitute takes mission to revise and extend his re- (Mr. LEVIN asked and was given per- social Security off-budget. In several marks.) mission to revise and extend his re- earlier statements during this debate I Mr. WARD. Mr. Chairman, I rise in marks.) registered my opposition to this action support of the Conyers truth-in-budget- Mr. LEVIN. Mr. Chairman, for years and detailed the reasons for that oppo- ing substitute. at town meetings I have been talking sition. I will not repeat those argu- Without it, the sponsors are asking with constituents about out budget ments here. that the States consider amending our deficit and spiralling national debt. The other significant element to the 200-year-old Constitution in the dark, Each year beginning in the mid 1980s I Conyers amendment, however, is that without a proposed set of cuts. It is brought to these meetings a new chart it would not be considered effective like asking the American people to until a complete plan for removing the sign a blank medical consent form. showing our still higher debt. deficit was approved by the Congress They are being put to sleep and will My constituent’s concerns have been not know what is being cut until they my concerns, their outrage has been and President. wake up. my outrage as the national debt rose No one could be more eager than I to We need to wake up the American from under $1 trillion to over $4 tril- continue the process of deficit reduc- people now. lion. tion. I trust that my wounds, earned Mr. CONYERS. Mr. Chairman, I yield This high level of concern and out- through battles over budget firewalls, 2 minutes to the gentleman from New rage has been a source of my consistent emergency spending, entitlement caps, Mexico [Mr. RICHARDSON]. support for comprehensive deficit re- spending cuts and budget resolutions, (Mr. RICHARDSON asked and was duction legislation. I vote for Gramm- speak to my sincerity on this issue. given permission to revise and extend Rudman I and Gramm-Rudman II, for Unfortunately, in many of those bat- his remarks.) the summit agreements of 1990 and the tles our proposals went up in flames. Mr. RICHARDSON. Mr. Chairman, I 1993 Deficit Reduction Act. To answer the frequently asked ques- rise in support of the substitute offered The arguments for a balanced budget tion, yes, I can come up with a plan to by my good friend from Michigan who amendment is that we will force the balance the budget all by myself. And I has worked incessantly on these issues Federal Government to do what it has can guarantee about 37 votes for it. for many, many years. not otherwise accomplished. But the There are literally hundreds of plans I am a supporter of the balanced proposed constitutional amendment out there—there is no one way to bal- budget amendment. I think it is clearly does not have written within it any en- ance the budget. What’s lacking is stated here that what we need to do is forcement mechanism nor any assur- some mechanism to force a consensus. vote on something that has a strong ance that the Congress would not en- There may be 435 plans in the House for truth-in-budgeting provision. The cuts gage in any of a variety of devices to balancing the budget, but not one of needed to balance the budget by the avoid its language. them will get 218 votes until we remove year 2002 should be clearly stated to The only way to turn around the defi- the easy alternative of borrow-and- the public. cit is to make the hard decisions now, spend. A survey 2 days ago by the Los Ange- not to make promises for much later, I must admit to feeling more than a les Times revealed that 86 percent of even if they are shrouded in constitu- little frustration from opponents of the those polled would like to know what tional language. balanced budget amendment who feel cuts are needed to balance the budget I support the Conyers amendment be- they are the ones alone who are justi- before a balanced budget amendment is cause it is the only approach I have to fied in issuing the challenge to ‘‘show voted on. Just 18 months ago, many of express my support for focusing on the your balanced budget’’ to amendment us cast our votes for the largest deficit- here and now instead of 2, or 5, or 7 supporters. These are the very same reduction package in history. As the years from now. people who also claim that we do not new majority leader would say, there By requiring Congress to spell out need a constitutional amendment; we were some knees buckling that day be- the cuts before any amendment takes simply need to make the hard choices. cause we honestly and clearly stated effect, we give the American people Well, my response to these folks is the sources of deficit reduction, and we and the States the chance to judge for that they have just as much respon- took some hits. We went after those themselves the merits of this course. sibility in coming up with the solu- that were getting too much and are So- We own them this honesty and open- tions as the challenges, especially if cial Security recipients. We went after ness in the budget process, and I will they claim it can be done without the some retirees. We went after a lot of support no less. constitutional imperative. We are have sources and groups that are very pow- It has been said the balanced budget a responsibility to future generations. erful that reacted negatively in the amendment is like President Kennedy’s We all need to work together to reduce polls. But we came back and produced pledge to reach the moon, but the our deficit and debt. $700 billion in deficit reduction. Every- wrong lesson has been drawn. President The horrors conjured up when oppo- body acknowledges that this is one of Kennedy called upon America’s will, nents talk about balanced budget con- the President’s top accomplishments. not for new language in our Constitu- stitutional amendments are not really What we need to do today is honestly tion. aimed at those amendments, but rather state what needs to be done to balance Mr. GOODLATTE. Mr. Chairman, I against what those amendments will the budget so that we can ensure it is yield 3 minutes to the distinguished require: significant deficit reduction. not at the expense of senior citizens, gentleman from Texas [Mr. STENHOLM]. To those who assert that deficit reduc- veterans, or the underprivileged. They (Mr. STENHOLM asked and was tion will wreak havoc on the economy, do not deserve their knees to buckle in given permission to revise and extend I must ask, ‘‘What do you think the the future. Let us just have truth-in- his remarks.) deficit is doing to our economy?’’ More H 738 CONGRESSIONAL RECORD — HOUSE January 26, 1995 importantly, what do you think it will both the committee and the Commit- [Roll No 45] do to the lives of our grandchildren? tee on Rules to allow full and fair de- AYES—96 Reaching a balanced budget will rebate on this bill. Abercrombie Gejdenson Payne (NJ) quire discipline, but it is a far cry from Amending the Constitution is a seri- Ackerman Green Pelosi the doom-and-gloom scenario por- Becerra Gutierrez Pomeroy ous matter. It took months to draft Bentsen Hastings (FL) Rangel trayed by many opponents of the con- this Constitution. There have been Berman Hilliard Reed stitutional amendment. Federal spend- many attempts to amend the Constitu- Bonior Hinchey Reynolds ing is increasing now at about 5 per- tion, very few of which have been suc- Brown (CA) Jackson-Lee Richardson cent, or about $75 billion per year. Brown (FL) Johnson, E.B. Roybal-Allard cessful. Clay Kennedy (RI) Sabo Trimming that growth in spending to To put this whole process on a fast Clayton Lewis (GA) Sanders 3.1 percent would balance the budget track, move it as if the American peo- Clyburn Lofgren Schroeder by fiscal year 2002. But the hard truth Coleman Lowey Schumer ple ought to be disregarded, ought not is that the budget won’t be balanced Collins (IL) Maloney Scott Collins (MI) Manton Serrano without passing the amendment first. be told the truth about how the budget will be balanced, ought not be told the Conyers Markey Skaggs I have high hopes that this year the Coyne Martinez Slaughter Congress will have the courage to pro- truth about how Social Security and DeFazio Matsui Stark tect the unprotected and pass the bal- other important programs will be dealt Dellums McDermott Stokes with, is and should be an insult to my Dingell McKinney Studds anced budget amendment. Dixon Meek Thompson Oppose the Conyers amendment. Sup- colleagues in this body and certainly is Durbin Miller (CA) Torres port the Schaefer-Stenholm substitute. an insult to the American people. Engel Mineta Towns I think we ought to slow this process Eshoo Mink Tucker PREFERENTIAL MOTION OFFERED BY MR. WATT Evans Moakley Velazquez OF NORTH CAROLINA down, and I would request that my col- Farr Mollohan Vento Mr. WATT of North Carolina. Mr. leagues support this resolution. Fattah Nadler Waters Chairman, I offer a preferential mo- Fazio Neal Watt (NC) b Filner Oberstar Waxman tion. 1520 Flake Obey Wise The Clerk read as follows: Mr. SENSENBRENNER. Mr. Chair- Ford Olver Wyden Frank (MA) Owens Wynn Mr. WATT of North Carolina moves that man, I rise in opposition to the motion. Furse Pastor Yates the Committee do not rise and report the The CHAIRMAN. The gentleman joint resolution back to the House with the NOES—331 recommendation that the resolving clause be from Wisconsin [Mr. SENSENBRENNER] is recognized for 5 minutes. Allard Costello Graham stricken. Andrews Cox Greenwood PARLIAMENTARY INQUIRY Mr. SENSENBRENNER. Mr. Chair- Archer Cramer Gunderson Mr. GOODLATTE. Parliamentary in- man, this is a dilatory motion. It will Armey Crane Gutknecht only slow down this process by the 5 Bachus Crapo Hall (OH) quiry, Mr. Chairman. Baesler Cremeans Hall (TX) The CHAIRMAN. The gentleman minutes of debate given to the gen- Baker (CA) Cubin Hamilton from Virginia will state his parliamen- tleman from North Carolina, the 5 min- Baker (LA) Cunningham Hancock utes of debate given to me in opposi- Baldacci Danner Hansen tary inquiry. Ballenger Davis Harman Mr. GOODLATTE. Mr. Chairman, is tion to the motion, and the 17 minutes Barcia de la Garza Hastert the gentleman opposed to the bill? for a roll call, if that is what the gen- Barr Deal Hastings (WA) The CHAIRMAN. Is the gentleman tleman from North Carolina is after. Barrett (NE) DeLauro Hayes Barrett (WI) DeLay Hayworth from North Carolina opposed to the That really does not contribute to Bartlett Deutsch Hefley bill? discussing the very legitimate issues Barton Diaz-Balart Hefner Mr. WATT of North Carolina. Yes, I that are posed in the balanced budget Bass Dickey Heineman am, Mr. Chairman. Bateman Dicks Herger constitutional amendment. Beilenson Doggett Hilleary The CHAIRMAN. The gentleman Now, even after this amendment is Bereuter Dooley Hobson qualifies. approved by the House of Representa- Bevill Doolittle Hoekstra The gentleman from North Carolina Bilbray Dornan Hoke tives, it still must go to the other Bilirakis Doyle Holden [Mr. WATT] is recognized for 5 minutes body, and if approved there, it then Bliley Dreier Horn on his preferential motion. goes to the State legislatures for ratifi- Blute Duncan Hostettler Mr. WATT of North Carolina. Mr. Boehlert Dunn Houghton cation, and 38 States must approve it Chairman, I understand that this is not Boehner Edwards Hoyer before it becomes a part of the Con- Bonilla Ehlers Hunter a debatable motion, and I would move stitution of the United States. Bono Ehrlich Hutchinson the question. Borski Emerson Hyde The CHAIRMAN. The gentleman is There will be plenty of debate on this Boucher English Inglis entitled to 5 minutes, and there is the constitutional amendment in the other Brewster Ensign Istook body and this body and in the State Browder Everett Jacobs potential for a Member to be recog- Brown (OH) Ewing Jefferson nized for 5 minutes in opposition to the legislatures before it becomes a part of Brownback Fawell Johnson (CT) preferential motion. the Constitution. Bryant (TN) Fields (TX) Johnson (SD) A 27-minute delay proposed by the Bryant (TX) Flanagan Johnson, Sam Mr. WATT of North Carolina. Mr. Bunn Foglietta Johnston Chairman, I reserve my time. gentleman from North Carolina is not Bunning Foley Jones The CHAIRMAN. The gentleman can- going to contribute to a discussion of Burr Forbes Kanjorski not reserve his time; the gentleman the issues. Burton Fowler Kaptur Buyer Fox Kasich can only utilize his time, and he has The CHAIRMAN. The question is on Callahan Franks (CT) Kelly been recognized for 5 minutes. the preferential motion offered by the Calvert Franks (NJ) Kennedy (MA) Mr. WATT of North Carolina. Mr. gentleman from North Carolina [Mr. Camp Frelinghuysen Kennelly Canady Frisa Kildee Chairman, we have this balanced budg- WATT]. Cardin Frost Kim et amendment on a fast track. The The question was taken; and the Castle Funderburk King Committee on the Judiciary took 2 Chairman announced that the noes ap- Chabot Gallegly Kingston days of testimony; it took 1 day of Chambliss Ganske Kleczka peared to have it. Chapman Gekas Klink markup; left more than 20 amendments Chenoweth Gephardt Klug RECORDED VOTE pending in that committee; refused to Christensen Geren Knollenberg hear those amendments, refused to Mr. WATT of North Carolina. Mr. Chrysler Gibbons Kolbe Chairman, I demand a recorded vote. Clement Gilchrest LaFalce consider them. Clinger Gillmor LaHood The Committee on Rules had more A recorded vote was ordered. Coble Gilman Lantos than 50 amendments before it; refused The vote was taken by electronic de- Coburn Gonzalez Largent to allow more than 6 to be considered vice, and there were—ayes 96, noes 331, Collins (GA) Goodlatte Latham Combest Goodling LaTourette on the floor of this House. I consider answered ‘‘present’’ 1, not voting 6, as Condit Gordon Laughlin this a breach of their responsibility, follows: Cooley Goss Lazio January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 739 Leach Pallone Smith (WA) support of the truth in budgeting Mr. GOODLATTE. No, Mr. Chairman, Levin Parker Solomon Lewis (CA) Paxon Souder amendment. just my close. Lewis (KY) Payne (VA) Spence Mr. FRANK of Massachusetts. Mr. The CHAIRMAN. The gentleman Lightfoot Peterson (FL) Spratt Chairman, I support this substitute for from Virginia indicates that he is the Lincoln Peterson (MN) Stearns last speaker on the majority side. Linder Petri Stenholm two reasons. First, I note that the American Asso- Lipinski Pickett Stockman b 1550 Livingston Pombo Stump ciation of Retired Persons has come LoBiondo Porter Stupak out strongly for legislation in the Mr. CONYERS. Mr. Chairman, I am Longley Portman Talent delighted to yield 11⁄2 minutes to the Lucas Poshard Tanner amendment itself that will prevent So- Luther Pryce Tate cial Security from being subsumed into gentlewoman from Texas [Ms. JACK- Manzullo Quillen Tauzin the overall budget balancing mecha- SON-LEE], a member of the Committee Martini Quinn Taylor (MS) on the Judiciary. Mascara Radanovich Taylor (NC) nism. The AARP recognizes that, ab- McCarthy Rahall Tejeda sent the kind of language that is in (Ms. JACKSON-LEE asked and was McCollum Ramstad Thomas this version and has been in many oth- given permission to revise and extend McCrery Regula Thornberry ers that have been defeated, a constitu- her remarks.) McDade Riggs Thornton Ms. JACKSON-LEE. Mr. Chairman, I McHale Rivers Thurman tional amendment which collapses So- McHugh Roberts Tiahrt cial Security into the rest of the budg- thank the chairman for his handling of McInnis Roemer Torkildsen et for purposes of balance generates this body and bringing about order. McIntosh Rogers Torricelli Mr. Chairman, let me also thank the McKeon Rohrabacher Upton pressure to cut Social Security benefits McNulty Ros-Lehtinen Visclosky that we should not have. gentleman from Texas [Mr. BARTON] Meehan Rose Volkmer Second, the gentleman from Michi- and the gentleman from Texas [Mr. Menendez Roth Vucanovich gan has made what would seem to be a STENHOLM] for their interest in this Metcalf Roukema Waldholtz matter. Let me also say I am inter- Meyers Royce Walker very noncontroversial request: explain Mfume Salmon Walsh how this would be achieved. He is ask- ested in having this Nation move for- Mica Sanford Wamp ward and balancing our budget. But I Miller (FL) Sawyer Ward ing those who are in control of the Congress now to give an illustration of also rise today to support the Conyers Minge Saxton Watts (OK) substitute, because I want to clear up Molinari Scarborough Weldon (FL) how they would balance the budget. the fog and the muddiness that has Moorhead Schaefer Weldon (PA) They are being given the opportunity Moran Schiff Weller fallen upon this process. to show it in the best possible light Morella Seastrand White Let me call the role as we cut transit Myers Sensenbrenner Whitfield from their standpoint. What we are dollars in Houston; Ryan White AIDS Myrick Shadegg Wicker saying is, ‘‘As you get to the delibera- Nethercutt Shaw Wilson funding in Houston; dollars for health tive process of ratification in the Neumann Shays Wolf care in Houston; dollars for elementary Ney Shuster Woolsey States, let us have this for the edifi- schools in Houston; cutting some $2 Norwood Sisisky Young (AK) cation of people.’’ million over 7 years on the Meals on Nussle Skeen Young (FL) But the point is this: Ortiz Skelton Zeliff Wheels; cutting the WIC Program for A serious debate is about to take Orton Smith (MI) Zimmer some 4,300 women in Houston. Mr. Oxley Smith (NJ) place about whether or not to ratify Packard Smith (TX) Chairman, I simply ask that as the this amendment by 2002. Many of us be- contract on America stated, in an era ANSWERED ‘‘PRESENT’’—1 lieve it poses an undoable task in too of official evasion and posturing, we Traficant short a period of time. People on the offer instead a detailed agenda for the other side say it does not. Well, why national renewal. NOT VOTING—6 are they unwilling then to demonstrate Mr. Chairman, as we talk about the Bishop Montgomery Rush it, if in fact this can be done more eas- Fields (LA) Murtha Williams rollcall that I have just called, and I ily than many of us think, with less hope that it is an important issue for pain, and less disruption and less eco- b 1541 all of us to listen to, it is important nomic difficulty? Why do the pro- that we again shed light. It is impor- Ms. RIVERS and Messrs. SAWYER, ponents so vigorously resist showing tant that our constituents recognize WARD, SHAYS and DOGGETT changed that? They are being asked to show it that they did not send us to Washing- their vote from ‘‘aye’’ to ‘‘no.’’ on their terms. They are being told, ton to avoid the real work and tough Mr. FRANK of Massachusetts ‘‘Whatever budget you want to propose, decisions that come with reducing the changed his vote from ‘‘no’’ to ‘‘aye.’’ come forward and show us.’’ Federal deficit. I believe we must earn So the preferential motion was re- Instead we are told, well, if we did the trust of the American taxpayers by jected. that, knees would buckle. There is, I providing them with the details on ex- The result of the vote was announced think, an unbecoming lack of faith in actly which programs will be cut. All as above recorded. democracy. we simply ask from our fellow Rep- ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN. The time of the resentatives across the aisle is to give The CHAIRMAN. Members are to be gentleman from Massachusetts [Mr. us clarity. Allow us to go through a reminded that we intend to hold votes FRANK] has expired. process that gives to the American peo- to 17 minutes. Members will miss votes Mr. GOODLATTE. Mr. Chairman, I ple where the cuts will be. in the future if they are not here reserve the balance of my time. Mr. Chairman, I support the Conyers promptly. Mr. CONYERS. Mr. Chairman, could amendment. Mr. MFUME. Mr. Chairman, might I we inquire if the other side has any Mr. CONYERS. Mr. Chairman, I yield inquire how much time is remaining on other speakers? We have the right to myself the balance of my time. the amendment that is before us? close, as I recall. The CHAIRMAN. The gentleman The CHAIRMAN. The gentleman The CHAIRMAN. The gentleman from Michigan [Mr. CONYERS] has 2 from Michigan [Mr. CONYERS] has 51⁄2 from Virginia [Mr. GOODLATTE], man- minutes remaining. minutes remaining. The gentleman aging the bill for the committee would Mr. CONYERS. Mr. Chairman, under from Virginia [Mr. GOODLATTE] has 10 have the right to close. The gentleman my amendment before a balanced budg- minutes remaining. from Michigan would have to finish be- et constitutional amendment can be The gentleman from Virginia [Mr. fore the closure by the gentleman from sent to the States for debate, Congress GOODLATTE] has reserved his time. The Virginia. would be required to adopt a plan Chair recognizes the gentleman from Mr. CONYERS. Mr. Chairman, could showing it proposes to achieve a bal- Michigan [Mr. CONYERS]. I inquire how many speakers the other anced budget. Such a plan is needed so Mr. CONYERS. Mr. Chairman, I yield side has? that the States and the American peo- 2 minutes to the gentleman from Mas- The CHAIRMAN. Does the gentleman ple are aware of specifically which pro- sachusetts [Mr. FRANK], as a member of from Virginia have additional speak- grams will be ended and what revenues the Committee on the Judiciary, in ers? will be raised over the next 7 years. H 740 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Without it, we will be passing what budget were balanced in 7 years, as the Re- Bilbray Hall (TX) Packard Bilirakis Hancock Pallone will become to be known as the mother publicans propose, Federal grants to States Bliley Hansen Parker of all unfunded mandates, and that is would be slashed by billions of dollars. Blute Harman Paxon what we have before us. The programs that the Republicans would Boehlert Hastert Payne (VA) Without identifying where the cuts cut aren't about waste in GovernmentÐthey're Boehner Hastings (WA) Peterson (FL) Bonilla Hayes Peterson (MN) would be made to balance the budget, about real people. Medicare for the elderly. Bono Hayworth Petri the amendment before us, a constitu- Education and loans for our children. Veter- Brewster Hefley Pickett tional amendment, is nothing but a ans' benefits for those who have protected us Browder Hefner Pombo Brownback Heineman Porter feel-good amendment that creates the in times of crisis. That's why we've got to have Bryant (TN) Herger Portman illusion of eliminating the deficit with- an honest balanced budget debate so that Bunn Hilleary Poshard out mandating any specific action. every American knows exactly what's at stake Bunning Hobson Pryce If the American people were pre- in this debate. Burr Hoekstra Quillen Burton Hoke Quinn sented with a list of specific things At stake for Florida is $2.7 billion in annual Buyer Horn Radanovich that would have to be done to balance Federal grants that would be lost: $1.5 billion Callahan Hostettler Ramstad the budget, not only in the year 2002 per year in Medicaid funds gone; $202 million Calvert Houghton Reed Camp Hoyer Regula but even later, I do not know whether per year in highway trust funds grants gone; Canady Hunter Riggs they would support the amendment. $170 million per year in funding for welfare Cardin Hutchinson Roberts Perhaps they would. But they should [AFDC] gone; $764 million in education, job Castle Hyde Roemer be given an opportunity to decide. training, environment, housing, and other Chabot Inglis Rogers Chambliss Istook Rohrabacher None of the proponents of the amend- areasÐgone, gone, gone. Chapman Jacobs Ros-Lehtinen ment have submitted a specific pro- Let's tell the truth to the American people by Chenoweth Johnson (CT) Roth gram that comes close to balancing the supporting the Conyers balanced budget Christensen Johnson (SD) Roukema Chrysler Johnson, Sam Royce budget. That is not dealing fairly with amendment substitute. Clement Jones Sabo the American people. The CHAIRMAN. The question is on Clinger Kanjorski Salmon I urge, if we are to have a constitu- the amendment in the nature of a sub- Coble Kasich Sanford tional proposal, that this truth in stitute offered by the gentleman from Coburn Kelly Saxton Collins (GA) Kennedy (MA) Scarborough budgeting idea be included within it. Michigan [Mr. CONYERS]. Combest Kennelly Schaefer Some of the proposals now in circula- The question was taken; and the Condit Kim Schiff tion would require not only that the Chairman announced that the noes ap- Cooley King Seastrand peared to have it. Costello Kingston Sensenbrenner budget be balanced, but also that a Cox Kleczka Serrano three-fifths majority of the Congress RECORDED VOTE Cramer Klink Shadegg would be required for raising taxes. Mr. CONYERS. Mr. Chairman, I de- Crane Klug Shaw Support the Conyers substitute. Crapo Knollenberg Shays mand a recorded vote. Cremeans Kolbe Shuster Mr. GOODLATTE. Mr. Chairman, I A recorded vote was ordered. Cubin LaHood Sisisky yield myself the balance of my time. The vote was taken by electronic de- Cunningham Largent Skaggs Mr. Chairman, it is irresponsible for Danner Latham Skeen vice, and there were—ayes 112, noes 317, Davis LaTourette Skelton the supporters of this substitute to de- not voting 5, as follows: Deal Laughlin Smith (MI) mand in a single legislative vehicle a DeFazio Lazio Smith (NJ) [Roll No. 46] specific balanced budget plan covering DeLay Leach Smith (TX) the next 7 years as a precondition for AYES—112 Deutsch Lewis (CA) Smith (WA) Diaz-Balart Lewis (KY) Solomon passing the amendment. As George Abercrombie Gibbons Obey Dickey Lightfoot Souder Will has said, the Constitution stipu- Ackerman Gonzalez Olver Dicks Lincoln Spence lates December destinations. It does Barcia Green Owens Doggett Linder Spratt Becerra Gutierrez Pastor Dooley Lipinski Stearns not draw detailed maps. Making com- Beilenson Hall (OH) Payne (NJ) Doolittle Livingston Stenholm plete and accurate spending revenue Bonior Hamilton Pelosi Doyle LoBiondo Stockman projections covering the entire 7-year Borski Hastings (FL) Pomeroy Dreier Longley Studds Boucher Hilliard Rahall time frame is impossible at this time, Duncan Lucas Stump Brown (CA) Hinchey Rangel Dunn Luther Talent and they know it. It would be the Brown (FL) Holden Reynolds Edwards Manzullo Tanner sheerest speculation and more mislead- Brown (OH) Jackson-Lee Richardson Ehlers Martini Tate ing than informative. Bryant (TX) Jefferson Rivers Ehrlich Matsui Tauzin Clay Johnson, E.B. Rose Emerson McCarthy Taylor (MS) Mr. Chairman, this year, as part of Clayton Johnston Roybal-Allard English McCollum Taylor (NC) the annual budget process, Congress Clyburn Kaptur Sawyer Ensign McCrery Tejeda will begin to identify what specific Coleman Kennedy (RI) Schroeder Everett McDade Thomas Collins (IL) Kildee Schumer cuts need be made between now and the Ewing McDermott Thornberry Collins (MI) LaFalce Scott Fawell McHale Tiahrt year 2002. There is no more time for Conyers Lantos Slaughter Fields (TX) McHugh Torkildsen delay. We need to get about doing that. Coyne Levin Stark Filner McInnis Torres If you support a true balanced budget de la Garza Lewis (GA) Stokes Flanagan McIntosh Traficant DeLauro Lofgren Stupak Foglietta McKeon Upton amendment, if you want to send a Dellums Lowey Thompson Foley McNulty Vento clear, unmistakable message to Amer- Dingell Maloney Thornton Forbes Meehan Visclosky ican families that you are tired of Dixon Manton Thurman Fowler Metcalf Volkmer Durbin Markey Torricelli bloated bureaucratic boondoggles and Fox Meyers Vucanovich Engel Martinez Towns Franks (CT) Mica Waldholtz pork barrel projects, if you are really Eshoo Mascara Tucker Franks (NJ) Miller (FL) Walker serious about ending red ink, then vote Evans McKinney Velazquez Frelinghuysen Minge Walsh to reject this amendment and enact a Farr Meek Ward Frisa Moakley Wamp Fattah Menendez Watt (NC) Funderburk Molinari Waters real constitutional amendment and do Fazio Mfume Williams Gallegly Mollohan Watts (OK) the will of the American people. Flake Miller (CA) Wise Ganske Montgomery Waxman Mr. Chairman, I yield back the bal- Ford Mineta Woolsey Gejdenson Moorhead Weldon (FL) Frank (MA) Mink Wynn ance of my time. Gekas Morella Weldon (PA) Frost Moran Yates Geren Murtha Weller Ms. BROWN of Florida. Mr. Chairman, I rise Furse Nadler Gilchrest Myers White in support of Congressman CONYERS' bal- Gephardt Neal Gillmor Myrick Whitfield anced budget substitute because I strongly Gilman Nethercutt Wicker NOES—317 Goodlatte Neumann Wilson believe that the States and the American peo- Allard Baker (LA) Barton Goodling Ney Wolf ple have a right to know exactly how the Andrews Baldacci Bass Gordon Norwood Wyden budget would be balanced and what the im- Archer Ballenger Bateman Goss Nussle Young (AK) pact would be on all Americans. Armey Barr Bentsen Graham Oberstar Young (FL) Bachus Barrett (NE) Bereuter Greenwood Ortiz Zeliff According to a State-by-State analysis re- Baesler Barrett (WI) Berman Gunderson Orton Zimmer leased by the U.S. Treasury Department, if the Baker (CA) Bartlett Bevill Gutknecht Oxley January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 741 NOT VOTING—5 Fund for benefits and administrative ex- though 86 percent of the American peo- Bishop Fields (LA) Sanders penses and the Federal Disability Insurance ple in a recent poll said, ‘‘Show us your Dornan Rush Trust Fund for benefits and Administrative cuts,’’ Republicans say the American expenses, or any successor funds. The re- b 1614 ceipts and outlays referred to in the preced- people do not have a right to know. Ms. ROYBAL-ALLARD, Mr. ing sentence shall be limited to receipts and All they are willing to say are two STUPAK, and Mrs. SCHROEDER outlays that provide old-age and survivor simple words: ‘‘Trust us.’’ ‘‘Trust us. cash benefits for individuals based upon their changed their vote from ‘‘no’’ to ‘‘aye.’’ We won’t cut Social Security.’’ earnings and dependents of such earners or Well, before you do that, Mr. Chair- So the amendment in the nature of a provide disability cash benefits for disabled substitute was rejected. individuals based upon their earnings and de- man, you have to understand who is The result of the vote was announced pendents of such earners. saying trust us. as above recorded. ‘‘SECTION 5. All votes taken by the House The Speaker himself, the gentleman The CHAIRMAN. It is now in order to of Representatives or the Senate under this from Georgia [Mr. GINGRICH], says consider amendment No. 29 offered by Article shall be roll-call votes. trust us. But Mr. GINGRICH himself ‘‘SECTION 6. Congress shall enforce and im- the gentleman from Missouri [Mr. GEP- once wrote this article that called for plement this Article by appropriate legisla- HARDT] or his designee. tion. Social Security to be replaced, ‘‘Re- AMENDMENT IN THE NATURE OF A SUBSTITUTE ‘‘SECTION 7. This Article shall take effect place Social Security.’’ In 1986 he even OFFERED BY MR. BONIOR for the fiscal year 2002 or for the second fis- offered a bill to eliminate Social Secu- Mr. BONIOR. Mr. Chairman, I offer cal year beginning after its ratification, rity as we know it. an amendment in the nature of a sub- whichever is later.’’. The majority leader the gentleman stitute. Mr. SENSENBRENNER. Mr. Chair- from Texas [Mr. ARMEY] says trust us. The CHAIRMAN. The Clerk will des- man, I would ask the Chair, has the Yet in 1984 Mr. ARMEY himself called ignate the amendment in the nature of gentleman from Michigan [Mr. BONIOR] Social Security a bad retirement and a a substitute. been designated by the gentleman from rotten trick and made his first cam- The text of the amendment in the na- Missouri [Mr. GEPHARDT] to offer the paign for office on abolishing Social ture of a substitute is as follows: Gephardt amendment? Security. In fact last September he Amendment in the nature of a substitute The CHAIRMAN. That is the Chair’s told a C–SPAN audience, ‘‘I never offered by Mr. BONIOR: Strike all after the understanding. would have created Social Security in resolving clause and insert the following: Pursuant to the rule, the gentleman the first place.’’ Yet now they are ask- That the following article is proposed as an from Michigan [Mr. BONIOR] will be rec- amendment to the Constitution of the Unit- ing you to trust them with Social Se- ognized for 30 minutes, and a Member curity. ed States, which shall be valid to all intents opposed, the gentleman from Wisconsin and purposes as part of the Constitution We all know that actions speak loud- when ratified by the legislatures of three- [Mr. SENSENBRENNER] will be recog- er than words. In a few minutes we are fourths of the several States within seven nized for 30 minutes. going to see if they really mean it. If The Chair recognizes the gentleman years after the date of its submission for they really want to protect Social Se- ratification: from Michigan [Mr. BONIOR]. curity, they will vote yes on the Gep- ‘‘ARTICLE — Mr. BONIOR. Mr. Chairman, I yield hardt amendment. But I just want you myself 41⁄2 minutes. ‘‘SECTION 1. Prior to each fiscal year, Con- to understand what it means if they gress shall, by law, adopt a statement of re- Mr. Chairman, here we are. Here is ceipts and outlays for such fiscal year in the moment that we have been waiting vote no. which total outlays are not greater than for, after all the talk, after all the I want you to understand what a re- total receipts. Congress may, by law, amend promises. Now is the time to stand up cent study by the Economic Policy In- that statement provided revised outlays are and be counted. Now is the time to stitute said. For example, this study not greater than revised receipts. Congress stand up and either say yes, I want to pointed out that if the gentleman from may provide in that statement for a specific protect Social Security, or no, I want Illinois [Mr. FLANAGAN] votes no, he is excess of outlays over receipts by a vote di- voting to cut Social Security of every rected solely to that subject in which a ma- to leave it on the chopping block. jority of the whole number of each House Make no mistake about it, Mr. Chair- older American in his district by $2,162. agree to such excess. Congress and the Presi- man, that is what the Gephardt amend- If he votes yes, he is voting to protect dent shall ensure that actual outlays do not ment is all about. I want people back it. If the gentleman from Ohio [Mr. exceed the outlays set forth in such state- home to understand this very clearly. HOKE] votes no, he is voting to cut So- ment. If a Member votes yes, then Social Se- cial Security checks in his district by ‘‘SECTION 2. Prior to each fiscal year, the curity is safe. If a Member votes no, he $2,041. If the gentlewoman from Califor- President shall transmit to Congress a pro- or she is voting to put Social Security posed statement of receipts and outlays for nia [Mrs. SEASTRAND] votes no, she is such fiscal year consistent with the provi- on the balanced budget chopping block. voting to cut $2,027 from every Social sions of this Article. Mr. Chairman, time and time again Security recipient in her district. And ‘‘SECTION 3. Congress may waive the provi- the past few days we have heard Repub- if the gentleman from Wisconsin [Mr. sions of this Article for any fiscal year in licans say that they want to exempt NEUMANN] votes no, he is voting to cut which a declaration of war is in effect. The Social Security. What they are not $2,177 from each recipient in his dis- provisions of this Article may be waived for telling us is simply this. The Repub- trict. The list goes on and on and on. any fiscal year in which the United States lican balanced budget amendment does faces an imminent and serious military That is what this vote is all about. I not protect Social Security. They have think the people back home understand threat to national security and is so declared not been willing to write that promise by a joint resolution, adopted by a majority it. of the whole number of each House, which into law, and none of their amend- We Democrats believe that Social Se- becomes law. ments protect Social Security. curity is a sacred trust that must be ‘‘SECTION 4. Total receipts shall include all The Flanagan resolution they offered never taken away. Our seniors have yesterday does not protect Social Secu- receipts of the United States except those worked too hard and they have strug- derived from borrowing and total outlays rity. In fact, the one chance that Re- gled too long to have a balanced budget shall include all outlays of the United States publicans had to actually protect So- amendment put on their backs at this except those for the repayment of debt prin- cial Security in this Congress, in the cipal. Total receipts shall not include re- Committee on the Judiciary about 1 time. ceipts (including attributable interest) for week ago, every single Republican ex- If you agree with us, vote to make the financing of benefits and administrative cept one voted to keep Social Security that promise part of the Constitution. expenses of the Federal Old-Age and Survi- Vote to exempt Social Security from vors Insurance Trust Fund and the Federal on the chopping block. the chopping block and vote to endorse Disability Insurance Trust Fund, or any suc- b 1620 cessor funds, and total outlays shall not in- the amendment offered by the distin- clude outlays for disbursement of the Fed- When we asked them to show you guished minority leader the gentleman eral Old-Age and Survivors Insurance Trust where they intended to cut, even from Missouri [Mr. GEPHARDT]. H 742 CONGRESSIONAL RECORD — HOUSE January 26, 1995 EXAMPLES OF CUTS ON SOCIAL SECURITY IN REPUBLICAN that will increase savings, increase jobs, and from FICA to a VAT automatically will lead CONGRESSIONAL DISTRICTS FROM BALANCED BUDG- decrease our fears about retirement. Here is to an increase in our savings rate. ET—BASED ON ANALYSIS BY ECONOMIC POLICY INSTI- how it would work: Third, FICA is a narrow anti-jobs tax that TUTE, JANUARY 26, 1995 On Jan. 1, 1989, the FICA Social Security weighs heavily on low- and middle-income tax would be abolished, with a provision that workers and on small business. The VAT will employers would pay the matching 7.15% to uncover much of the underground secondary District Cut per re- cut [mil- cipient workers. Workers over 40 would have their and will broaden the support for Social Secu- lions] take-home pay increased by the full 14.3%. rity and Medicare to include those who live Charles Bass (NH–02) ...... $217 $2,086 Workers under 40 would have their take- off investment income. Today, those people Brian Bilbray (CA–49) ...... 212 2,153 home pay increased by 4.3%, and the other pay no FICA because they have only invest- Peter Blute (MA–03) ...... 260 2,178 Jim Bunn (OR–05) ...... 247 2,124 10% would go into a new, mandatory individ- ment income. Under the new Social Security Dick Chrysler (MI–08) ...... 188 2,220 ual retirement account (IRA) of their choice. VAT, the rich will help pay for retirement. Jay Dickey (AR–04) ...... 282 1,906 The Social Security and Medicare trust For simplicity’s sake, current retirees Phil English (PA–21) ...... 280 2,223 John Ensign (NV–01) ...... 256 2,051 funds would be taken off budget so that poli- would be treated as if the FICA tax still ex- Michael Flanagan (IL–05) ...... 272 2,162 ticians could not use them to balance the isted and would be given the same retire- John Fox (PA–13) ...... 238 1,886 rest of the budget. Finally, a new off-budget ment benefits they now have under the Daniel Frisa (NY–04) ...... 253 1,974 Greg Ganske (IA–04) ...... 248 2,139 trust fund would be created to raise all sen- present system, with two exceptions. First, Fred Heineman (NC–04) ...... 147 1,779 ior citizens above poverty level. We would current retirees below the poverty line would Martin Hoke (OH–10) ...... 282 2,041 receive an extra check to bring them up to John Hostetler (IN–08) ...... 267 2,348 establish the principle that our grandparents Steve LaTourette (OH–19) ...... 273 1,907 should not live in poverty. the poverty level. Second, there would be a James Longley (ME–01) ...... 252 1,893 It occurred to me, however, that our one-time increase in Social Security pay- Bill Martini (NJ–08) ...... 282 2,316 ments to offset the VAT so our grandparents Jack Metcalf (WA–02) ...... 218 2,201 grandparents weren’t being frightened by the Charles Moorhead (CA–27) ...... 194 2,003 letters. They already had been frightened by would not face a reduction in their standard George Nethercutt (WA–05) ...... 248 2,236 the shaky finances of the Social Security of living. Americans 40 and over, but under Mark Neumann (WI–01) ...... 238 2,177 Bob Ney (OH–18) ...... 299 2,288 and Medicare systems. The letters simply 65, also would be grandfathered into the So- Frank Riggs (CA–01) ...... 236 2,191 were preying on a fear that already existed. cial Security retirement system. Most of Peter Torkildsen (MA–06) ...... 252 2,084 Our grandparents are worried because they them have been paying into Social Security Andrea Seastrand (CA–22) ...... 220 2,027 Linda Smith (WA–03) ...... 237 2,225 know full well the things our politicians between 25 and 45 years. They have earned Steve Stockman (TX–09) ...... 210 1,917 have been afraid to discuss for over a genera- significant retirement benefits through their Randy Tate (WA–09) ...... 171 2,259 tion. First, we don’t save enough, either as past payments into Social Security. Further- Rick White (WA–01) ...... 162 2,050 Edward Whitfield (KY–01) ...... 280 1,913 individuals or as a nation. We simply are more, they are too close to retirement to borrowing too much and saving too little. build the kind of individual retirement nest REPLACE SOCIAL SECURITY WITH A STABLE, Second, we have not rebuilt the Social Secu- egg the younger generation will be able to PERMANENT RETIREMENT SYSTEM rity financing system to take into account accumulate. When those under 40 reach re- (By Newt Gingrich) changes in life span, birth rates, and the tirement age, they would receive only the Social Security benefit designed to keep sen- We can design a retirement system ‘‘that structure of the workforce. Third, the FICA ior citizens above the poverty level. Any ad- is pro-savings, pro-jobs, pro-small business, Social Security tax discourages savings, dis- ditional retirement benefits would come pro-American competitiveness in the world courages the expansion of small business, from their personal IRA. As a further induce- market, and allows our grandparents to discourages new jobs, and weighs most heav- ment to save, everyone would be given the relax, knowing we truly have provided for ily on low and middle-income workers. opportunity to salt away up to $55,000 a year their retirement years.’’ Fourth, the FICA tax encourages importing in a voluntary IRA. Social Security and Medicare are the heart foreign goods because they aren’t affected by Since this proposal is a fundamental re- of providing for our parents and grand- it and makes American products more expen- form to establish a permanent, stable Social parents. Indeed, these two systems form the sive to sell overseas. This makes us even less Security system, there are two other steps base of our plans and expections about sav- competitive in the world market. If we can’t we would take. First, we would abolish the ings and retirement. compete, we can’t create jobs; if we can’t tax on Social Security benefits which pun- Social Security is the largest domestic create jobs, we can’t pay for our retirement ishes those prudent enough to have saved for program, with over 36,000,000 people receiv- system. Our grandparents know that a stable their retirement. Second, we would abolish ing checks every month. The Social Security Social Security system depends on a com- all provisions which discourage working tax, affects nearly every working American. petitive, prosperous, job-creating American after 65. Never again should people lose bene- For most workers, it takes a bigger tax bite economy. The real answer to Roosevelt’s let- fits just because they want to maintain a out of their paychecks than the Federal in- ters is to create a financially sound retire- productive life. come tax. This year, the highest Social Secu- ment system so senior citizens won’t have to This permanent, stable Social Security rity tax on an employed individual is worry. Then, they will just throw away his system dramatically will improve America’s $6,263.40. That figure includes both the indi- appeals for money. competitive role in the world market. The vidual contribution and the employer’s In order to replace the FICA tax and fi- mandatory savings for those under 40 will in- matching contribution. The latter is really a nance the new anti-poverty retirement fund, crease total personal savings from hidden tax on income. we would adopt a value added tax (VAT). $143,300,000,000 to $227,300,000,000 during the Dramatic changes in life span and in the This would be a simple across-the-board first year (based on the 1985 savings rate). work force have made the Social Security sales tax designed to raise the amount cur- This $84,000,000,000 increase in personal sav- system increasingly unsound. In 1935, when rently raised by the FICA and the amount ings—a 60% jump—will help lower interest Pres. Franklin Roosevelt first proposed So- necessary to meet the poverty level require- rates and increase the amount of money cial Security and set the retirement age at ments for our poorer grandparents. By keep- available to build factories and create jobs. 65, the average American only lived to be 63. ing the VAT simple, we meet the main objec- By the late 1990’s, the U.S. could have the If we had the same ratio of longevity to re- tion of small businesses, who fear the com- lowest cost of capital and probably the low- tirement age today, the retirement age plexity of European VAT’s. By keeping the est interest rates in the industrial world. would be 76. In effect, we have added 11 VAT off budget and dedicated to these trust Multinational companies will start building years’ worth of retirement benefits to the funds, we meet the major worry of conserv- new factories in the U.S. as the lower cost of same tax base. Since the age group 85 and atives, who see it as a relatively easy tax for capital is combined with the elimination of over is the fastest growing group of Ameri- liberals to increase in the future. Defining our current 14% FICA tax on labor. The new cans, the burden on working Americans will the VAT as our new Social Security tax will Social Security VAT will discourage imports intensify in the future. keep it dedicated and narrow in scope. and encourage exports. The shift from FICA Another dramatic change has been the VAT VS. FICA to VAT will encourage small business and shift from a large workforce supporting a A VAT has three great advantages over the entrepreneurs. The abolition of the and-jobs small retirement population to a much more FICA. First, under the General Agreement FICA tax will encourage new job creation. * * * to retirees. Originally, 13 workers sup- on Tariff’s and Trade, it can be applied to While many politicians are still afraid to ported one retiree. Today, three workers sup- imports and rebated on exports. This will mention abolishing Social Security, I am port each retiree; by the next generation, slow down imports to the U.S. and increase convinced this generation is ready for honest that will decline to a two-to-one ratio. The exports from the U.S., thus creating jobs talk and real leadership. Our grandparents increased tax burden on working Americans here at home and strengthening our balance are tired of being frightened. They want a caused by the change in worker-to-retiree of trade. Many of our trading partners al- sound, stable, permanent retirement system, ratio is made even more unbearable because ready do this. but they also want their grandchildren to be of the increase in the relative payments to Second, FICA is anti-savings because given a fair break. Our young workers are retirees. workers lose the money to taxes before they tired of paying heavier and heavier taxes for can take it home. Now, workers would have a system they believe won’t be there when The following proposal is one way to create the money in take-home pay, and they can they are ready to retire. They would like a a permanent, stable Social Security system decide how much to save or spend. This shift chance to save for their own retirement. At January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 743 the same time they love their grandparents cial Security benefits that are author- country that if they pay into the fund and want to help talk care of them. ized by law. they will receive the benefits. I guess the message that we are hear- Now Members say over the years we * * * * * ing today is that when all else fails, have sometimes changed the benefit Mr. SENSENBRENNER. Mr. Chair- have a good social Security scare. structure, and we have. But always the man, I yield myself 41⁄2 minutes. The fact is that the senior citizens of changes have been made, and I might Mr. Chairman, we have heard the this country want to see their children add in a bipartisan way, because the most disingenuous argument over the and grandchildren enjoy as good a fund had a problem, something had entire Social Security issue just now. standard of living as they have enjoyed gone wrong, inflation did something we The fact is that the amendment that during their lifetime. The best way to did not expect it to do, the benefit has been offered by the gentleman from do that and the best way to protect So- structure was not created correctly, Missouri and supported by the gen- cial Security is to pass a balanced and so we made modifications, but they tleman from Michigan [Mr. BONIOR] budget constitutional amendment to were always on the ground that the does not protect Social Security at all. balance the Federal budget and not fund needed to be fixed. What it does is, it takes the Social Se- have the Treasury go and sell the So- I think it is unacceptable to say to curity trust fund, except the Medicare cial Security trust fund any more the American people that we now have portion, out of the balanced budget Treasury paper in order to finance the to consider or leave on the table the amendment calculations. But in no Federal debt. possibility that Social Security would place does it define what constitutes Mr. Chairman, I reserve the balance be changed or reduced or modified in Social Security. of my time. any way, because we as the stewards of That will mean that any time in the Mr. BONIOR. Mr. Chairman, I yield 4 this fund could not figure out how to future big spenders in Congress want to minutes to the gentleman from Mis- solve a budget problem somewhere pass some cockamamie spending souri [Mr. GEPHARDT], the distin- else. scheme, they will simply propose it as guished minority leader. Yes, we have to cut Social Security an amendment to the Social Security (Mr. GEPHARDT asked and was because we could not figure out how to Act and finance it out of the trust given permission to revise and extend cut this program or that; our defense fund, thus to escape a requirement that his remarks.) or domestic spending or get the tax Congress pass a balanced Federal budg- Mr. GEPHARDT. Mr. Chairman, I system to work right, we had to do et. And because Congress always takes urge Members to vote for this sub- something to Social Security. It is un- the path of least resistance, you will stitute amendment that the gentleman acceptable. see the Social Security trust fund from Michigan [Mr. BONIOR] and I are This is a contract, it is an obligation. being loaded up with all kinds of non- offering this afternoon. Millions of Americans live on their So- Social Security schemes. I said yesterday and I believe with all cial Security, pay their heat, pay their I want to know why in the text of my heart that this series of votes that rent, pay their medical bills. They will this amendment the Medicare part of we are casting on these amendments simply perish as they used to perish if the Social Security trust fund is not are the most important votes that we they do not have this reasonable pen- protected, because traditional Social will cast in our service here in the Con- sion. Security includes the Medicare part as gress, no matter how long we have been This is the one clear chance in this well as the old-age and survivors part here or how long we will stay. whole debate to say Social Security is and the disability part of the Social Se- I admire my friend, the gentleman off the table; it will not be touched. As curity trust fund. So your amendment from Texas [Mr. STENHOLM] who to me a matter of constitutional law, it can- is not even drafted properly to accom- has been the greatest leader in this in- not be touched. plish the goals that you wish to accom- stitution for trying to get an amend- The fig leaf that was enacted yester- plish. ment to the Constitution to balance day is nothing more than that. It was Let us get real on the issue of Social the budget. I believe that, as I did not a press release. No press releases. Security. It was not Republicans that believe some years ago, we ought to If Members believe in Social Security came up with some type of secret put an amendment in the Constitution and in this obligation, have the cour- scheme to cut Social Security benefits. to have a balanced budget. It used to be age to put it in the Constitution of the It was President Clinton’s own OMB that we assumed or presumed that United States. Director, Alice Rivlin, who discussed every year we would balance the budg- Mr. SENSENBRENNER. Mr. Chair- that matter before the election, and et or would come close to it. And since man, I yield 4 minutes to the distin- the memorandum that she passed what has happened over the last 15 guished gentleman from Illinois [Mr. around the room was leaked. So let us years, we now almost have a presump- HYDE], chairman of the Committee on not try to make this into some kind of tion that we will not have a balanced the Judiciary. a partisan fight. budget. (Mr. HYDE asked and was given per- The fact of the matter remains that That is why I have come to the con- mission to revise and extend his re- Social Security has enjoyed bipartisan clusion that we should put it into the marks.) support for the last 60 years and that Constitution so that we create the Mr. HYDE. Mr. Chairman, I thank bipartisan support lasts to this day. right presumption. But I also believe the gentleman for yielding me this The Social Security trust fund has not that there must be an exception writ- time. had constitutional protection since So- ten into the constitutional amendment Mr. Chairman, the Gephardt sub- cial Security was passed in 1935. Yet that requires the balanced budget that stitute requires a constitutional major- the only time the Social Security sys- the Social Security retirement fund be ity, 218 in the House, to deficit spend. tem has been changed is when problems exempt from its application. We say there must be a supermajority within Social Security have neces- to deficit spend, three-fifths. Therefore b sitated the Congress to make changes 1630 the Gephardt substitute is much weak- and those changes were made in a bi- This is a clear disagreement and dif- er in protecting against deficit spend- partisan manner. ference between many of us in this ing, something we all again give lip Because of decisions that were made body. I believe it must be exempt be- service in opposition to, but only long before most of us, including my- cause I think unlike any other program House Joint Resolution 1 does any- self, got to Congress, Social Security it has a defined tax that workers pay thing about. receipts have been counted as other re- day in and day out to support their re- The Gephardt substitute deletes the ceipts in a unified budget, and the tirement benefits. It has a separate provisions on the debt ceiling. In our same is true of Social Security outlays. trust fund that is used to pay those resolution a three-fifths vote is re- Yet, at no time did anybody, Democrat benefits when they retire. quired of the total membership to in- or Republican, suggest that the Social This is a solemn contract, a respon- crease the debt limit. Security trust fund be raided for pur- sibility, a promise that all of us have Anybody who thinks we do not need poses other than to provide those So- made since 1934 to the elderly of the protection against a spiraling debt H 744 CONGRESSIONAL RECORD — HOUSE January 26, 1995 limit has difficulty understanding what A recorded vote was ordered. Largent Nussle Skeen Latham Obey Skelton a trillion dollars is, much less $4.7 tril- The vote was taken by electronic de- LaTourette Ortiz Slaughter lion and growing, and counting and vice, and there were—ayes 79, noes 342, Laughlin Orton Smith (MI) mounting, as our national debt. And answered ‘‘present’’ 1, not voting 12, as Lazio Oxley Smith (NJ) therefore, the Gephardt resolution is follows: Leach Packard Smith (TX) Levin Pallone Smith (WA) ineffectual in a practical sense in [Roll No 47] Lewis (CA) Parker Solomon guarding against increases in the debt Lewis (KY) Paxon Souder limit. No protection against increases AYES—79 Lightfoot Payne (VA) Spence in the national debt. Abercrombie Ford Pastor Lincoln Pelosi Spratt Ackerman Frost Payne (NJ) Linder Peterson (FL) Stearns Another weakness, a fatal weakness Baldacci Gejdenson Rangel Lipinski Peterson (MN) Stenholm in my opinion, in the Gephardt sub- Becerra Green Reynolds Livingston Petri Stockman stitute is that it fails to include a tax Bonior Gutierrez Roybal-Allard LoBiondo Pickett Stump limitation section to discourage tax in- Brown (CA) Hastings (FL) Sabo Longley Pombo Stupak Brown (FL) Hinchey Sanders Lowey Pomeroy Talent creases. Clay Jackson-Lee Schroeder Lucas Porter Tanner When we get in a corner and we must Clayton Jefferson Scott Luther Portman Tate balance the budget, the line of least re- Clyburn Johnson, E. B. Serrano Maloney Poshard Tauzin sistance, at least with the former ma- Coleman Lewis (GA) Skaggs Manton Pryce Taylor (MS) Collins (IL) Lofgren Stark Manzullo Quillen Taylor (NC) jority and now minority party was in- Collins (MI) Markey Stokes Martini Quinn Tejeda crease taxes, increase taxes. Conyers Martinez Studds Matsui Radanovich Thomas We want a balanced budget amend- Dellums Mascara Thompson McCarthy Rahall Thornberry Dingell McDermott Towns McCollum Ramstad Thornton ment that has a bias against increasing Dixon McKinney Tucker McCrery Reed Thurman taxes, and a preferential option for cut- Durbin Meek Velazquez McDade Regula Tiahrt ting spending. Edwards Mineta Vento McHale Richardson Torkildsen That is the last thing they want to Engel Mink Waters McHugh Riggs Torres Eshoo Moakley Watt (NC) McInnis Rivers Torricelli do, because if Members listen carefully Evans Mollohan Wise McIntosh Roberts Upton all day they hear a litany, a list of Farr Nadler Woolsey McKeon Roemer Visclosky spending they want to immunize from Fattah Neal Wynn McNulty Rogers Volkmer the scalpel. They want a tire pump in- Fazio Oberstar Yates Meehan Rohrabacher Vucanovich Filner Olver Menendez Ros-Lehtinen Waldholtz stead of a knife when it comes to our Foglietta Owens Metcalf Roth Walker fiscal problems. Meyers Roukema Walsh Insofar as Social Security is con- NOES—342 Mfume Royce Ward Mica Salmon Watts (OK) Allard Cooley Goodling cerned, I must say the other side are Miller (CA) Sanford Waxman Andrews Costello Gordon masters of the politics of fear, scare Miller (FL) Sawyer Weldon (FL) Archer Cox Goss Minge Saxton Weldon (PA) the old people. The fact is, they can Armey Coyne Graham Molinari Scarborough Weller balance the budget by the year 2002 by Bachus Cramer Greenwood Montgomery Schaefer White Baesler Crane Gunderson merely holding down the rate of in- Moorhead Schiff Whitfield Baker (CA) Crapo Gutknecht Morella Schumer Wicker crease, cutting the rate of increase in Baker (LA) Cremeans Hall (OH) Murtha Seastrand Wilson our spending from the 5 percent it is Ballenger Cubin Hall (TX) Myers Sensenbrenner Wolf Barcia Cunningham Hamilton projected under current guide paths to Myrick Shadegg Wyden Barr Danner Hancock 3.1 percent, and the budget will be bal- Nethercutt Shaw Young (AK) Barrett (NE) Davis Harman Neumann Shays Young (FL) anced, lo and behold, in the year 2002. Barrett (WI) de la Garza Hastert Ney Shuster Zeliff Those are not conservative figures, Bartlett Deal Hastings (WA) Norwood Sisisky Zimmer they are from the distinguished gen- Barton DeFazio Hayes tleman from Texas [Mr. STENHOLM], Bass DeLauro Hayworth ANSWERED ‘‘PRESENT’’—1 Bateman DeLay Hefley that you admire and we admire too. Beilenson Deutsch Hefner Traficant So I do not know what it takes for Bentsen Diaz-Balart Heineman NOT VOTING—12 that to sink in, but it is true. Bereuter Dickey Herger They are obviously bitterly opposed Berman Dicks Hilleary Bishop Frank (MA) Rose Bevill Doggett Hilliard Boucher Gibbons Rush to balancing the budget by constitu- Bilbray Dooley Hobson Calvert Hansen Wamp tional amendment and why do they not Bilirakis Doolittle Hoekstra Fields (LA) Moran Williams say so, why do they not say so instead Bliley Dornan Hoke Blute Doyle Holden b 1655 of riddling our proposal with 27 excep- Boehlert Dreier Horn tions, major and minor. What is your Boehner Duncan Hostettler Mr. ZIMMER. Mrs. THURMAN, Ms. solution to the escalating national Bonilla Dunn Houghton SLAUGHTER, and Mrs. MALONEY debt? We have heard nothing but no, Bono Ehlers Hoyer changed their vote from ‘‘aye’’ to ‘‘no.’’ Borski Ehrlich Hunter nay, no, nay, no solution, no answers, Brewster Emerson Hutchinson So the motion to rise was rejected. just fault. Browder English Hyde The result of the vote was announced The time has come. We have tried ev- Brown (OH) Ensign Inglis as above recorded. Brownback Everett Istook erything. It has not worked, and this Bryant (TN) Ewing Jacobs Mr. BONIOR. Mr. Chairman, I yield constitutional amendment says one Bryant (TX) Fawell Johnson (CT) such time as she may consume to the thing. It says balance the budget, do Bunn Fields (TX) Johnson (SD) gentlewoman from Illinois [Mrs. COL- not increase taxes, do not increase the Bunning Flake Johnson, Sam LINS]. Burr Flanagan Johnston national debt, and have the will to Burton Foley Jones (Mrs. COLLINS of Illinois asked and make the cuts in the spending that are Buyer Forbes Kanjorski was given permission to revise and ex- necessary. Callahan Fowler Kaptur tend her remarks.) If you want a list of them look at Camp Fox Kasich Canady Franks (CT) Kelly Mrs. COLLINS of Illinois. Mr. Chair- Penny-Kasich last year. Cardin Franks (NJ) Kennedy (MA) man, I rise in support of this amend- MOTION TO RISE OFFERED BY MR. WATT OF Castle Frelinghuysen Kennedy (RI) ment. NORTH CAROLINA Chabot Frisa Kennelly Mr. Chairman, I rise in support of the Gep- Chambliss Funderburk Kildee Mr. WATT of North Carolina. Mr. Chapman Furse Kim hardt-Bonior substitute and ask unanimous Chairman, I move that the Committee Chenoweth Gallegly King consent that my statement be placed at this do now rise. Christensen Ganske Kingston point in the RECORD. Mr. Chairman, President The question was taken; and the Chrysler Gekas Kleczka Clement Gephardt Klink Clinton hit the nail smack dab on the head in Chairman announced that the noes ap- Clinger Geren Klug his state of the Union message when he said peared to have it. Coble Gilchrest Knollenberg that we not only should be doing things more RECORDED VOTE Coburn Gillmor Kolbe out in the open around here but that we also Collins (GA) Gilman LaFalce Mr. WATT of North Carolina. Mr. Combest Gonzalez LaHood have a duty to be straight with the American Chairman, I demand a recorded vote. Condit Goodlatte Lantos people on the specifics behind a balanced January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 745 budget amendmentÐhow it will truly affect av- as promised. Since a balanced budget cannot Mr. BONIOR. Mr. Chairman, I yield erage workers and their families. be achieved on a wish and a prayer, Federal 31⁄2 minutes to the distinguished gen- Unfortunately, since the mad frenzy by my programs such as Social Security, Medicare tleman from Wisconsin [Mr. OBEY]. GOP colleagues began, to push through their for the elderly, nutrition for pregnant women Mr. OBEY. I thank the gentleman for contract in the first 100 days of this Congress, and children, AIDS testing and counseling, yielding this time to me. there have been nothing but heavy-handed and several others vital to the enhancement of Mr. Chairman, I have a great deal of tactics used by the majority to force their American life will be put on the chopping respect for the gentleman from Illinois agenda through this body without proper hear- block. [Mr. HYDE]. I think he is one of the ings and debates on the merits of their pro- Here is the laundry list Mr. Chairman: Cook class people in this institution. But I posals. County, IL will lose as much as $6 billion in really must say, in light of his previous From the opening day of this Congress, in Medicare payments by the year 2002 and $2.2 speech, that I do not need lectures which the GOP employed a completely closed billion in Medicaid reimbursements during the from him or anybody else on this floor rule on the Congressional Accountability Act, same period. The Chicago Department of about the necessity to balance the to the actions by the majority in the Govern- Health estimates that 200,000 single parents budget. ment Reform and Oversight Committee on and their children would be without health in- b which I serve, to push unfunded mandates surance in Chicago as a result. In addition, 1700 legislation to the floor without any hearings, to 4,000 youngsters in my city of Chicago would In my 25 years of service in this Monday's actions by the majority leader to not receive immunizations for preventable dis- House, Mr. Chairman, absolutely noth- refuse to allow full consideration of a resolu- eases, such as measles and whooping cough. ing made me more angry or more frus- tion allowing committees to meet while the full Roughly 6,000 people in Chicago living with trated then to see the way this Con- House is carrying out important legislative HIV would not be able to receive primary gress in 1981 blindly ran through this business, the democratic processes which health care, substance abuse treatment, and place the Reagan budgets which de- have traditionally governed this body and this other services and another 10,000 would be stroyed the ability of this country to Nation have been totally subverted to the polit- left without critical HIV counseling and testing have a responsible fiscal policy, quad- ical whims of the Speaker and his merry men. services. This would inevitably lead to a dras- rupled our national debt and raised Now just why is this strategy to circumvent tic increase in AIDS cases and take an enor- deficits from $64 billion to almost $300 the deliberative legislative process being un- mous toll on city resources. billion. Today we are taking in enough dertaken by the Republican majority? It is be- Cuts to balance the budget by the year into the Treasury so that, if it were not cause, as they say, the Devil is in the details. 2002 would force the Women, Infants, and for those deficits in the 1980’s, we All of us in this institution recognize that we Children [WIC] program to discard 16,000 ba- would have a balanced budget today. must continue to whip our fiscal house into bies, preschoolers, and pregnant women from We are taking in enough today not order and take sensible and workable strides their vital food supplement services. Meals on only to pay for what we are spending toward bringing our Federal budget into bal- Wheels would feed 550 fewer senior citizens today, but for what we spent in the ance. I would like to remind my friends on the in Chicago and 700 less to those in suburban past, up to 1981. other side of the aisle that it was the Presi- Cook County. What is killing us is the interest that dent's 1993 budget package, which passed Not only will families be left hungry, Mr. was accumulated in the 1980’s. And so Congress without any Republican votes, that Chairman, but they will also be left out in the now we have to do something about it, is responsible for over $700 billion in deficit re- cold. Over 100,000 individuals and their chil- and I have indicated by my votes today ductionÐthe largest in history. dren in my city stand to lose Federal Low-In- that I am willing even to do it by the However, when we Democrats passed that come Home Energy Assistance funds to help constitutional route, if that is what is package, we did not slash, cut, and burn for them battle the brutal subzero Chicago win- necessary. But I am voting for this mere political gain everything that is American. ters. amendment because it is the only way We did not pander to people's fears and un- Most distressing is the fact that educational that we can make this basic propo- certainties about the future by offering them a initiatives, the linchpin for improving the future sition today do what up to now it only cure-all ``just sign on the dotted line'' and for all our youngsters, will be gutted by this pretends to do, and that is to ensure ``trust me, everything will be right'' approach to amendment. In Chicago, Head Start, a proven that Social Security will not be sav- governing. We offered them hard facts that program designed to ensure that America's aged in the process. proved correct. most vulnerable children receive food, medical Now the Republican leadership has Now I'm not a constitutional scholar Mr. care, and learning opportunities to lead said on national television, ‘‘Well, Chairman, but I do believe that amending the healthier and more productive lives would lose we’re not going to touch Social Secu- most basic document of our democracy is $93.5 million dollars over the next 7 years rity for at least 4, or 5, or 6 years.’’ I something that should be based on reason thereby eliminating the ability of over 4,000 lit- would point out to my colleagues that and facts, not on hysteria generated by public tle kids to have a chance to get ahead. this does not kick in for 7 years, and so opinion polls and post-election year politics. So as you can see from this brief glimpse without the Gephardt amendment the Sure a balanced budget amendment sounds Mr. Chairman, the balanced budget amend- risk we run, the very large risk we run, attractive, just as an end to unfunded man- ment is not all it's cracked up to be. You can is that at the end of that 7-year time dates on State and local governments seems see why the majority leader recently admitted period we will wind up with a time appealing, and as perhaps a moratorium on that Members' knees would buckle should the bomb that blows up in the face of every regulations by the Federal Government does. details come out about the effect of this legis- senior citizen in this country who re- The question is, What do they really mean for lation on average Americans. lies on Social Security. That is the fun- our constituents? What the GOP doesn't want If my colleagues on the other side of the damental reason why we need to pass to tell you, I will. aisle believe the balanced budget amendment this amendment today. My distinguished colleague from Chicago, is the magic snake oil that will cure all our Now the Republican leadership in LUIS GUTIERREZ, and I just completed an ex- budgetary concerns, I have got a bridge I think this Congress has refused to tell the haustive examination of the impact of the bal- they will be interested in buying. American people where they will cut anced budget amendment on the Chicago I urge my colleagues to vote no on this the budget in order to get to a zero def- metropolitan area that we represent andÐsur- amendment and to continue down the path of icit. I say, ‘‘When you take a look at prise, surpriseÐthe numbers we calculated budgetary responsibility initiated by the Presi- the copies of the article written by the clearly demonstrate the devastating con- dent and my Democratic colleagues last Con- present Speaker of this House which sequences that this ill-conceived gimmick will gress. There is no cure-all to the fiscal con- talks about the need to radically have on our constituents. cerns we all have and we must not pretend change Social Security, I think per- According to the U.S. Treasury Department, that there is. As the President so eloquently haps we may know one reason why the Federal Government will have to cut stated in his State of the Union message, we they refuse to tell us what the specific spending by over $1 trillion in the next 7 years have to be straight with the American people. cuts are going to be, because I find it in order to achieve a balanced budget. An ad- This balanced budget amendment is a sham, very difficult to believe that that docu- ditional $376 billion in cuts must be made if Mr. Chairman, and most certainly should be ment does not contain the basic pre- the Republican contract's tax cuts are enacted defeated. scription for Social Security that is H 746 CONGRESSIONAL RECORD — HOUSE January 26, 1995 deep in the minds of those who are pur- I say to my colleagues, ‘‘If you add the b 1710 suing this route today.’’ And so it other six zeros, you have the United That means that Social Security is seems to me, if you want to balance States Government. We’re not losing going to be under enormous pressure. the budget and protect the Social Secu- $203,000 a year. We are losing $203 bil- The nonbinding resolution of yesterday rity recipients of this country, you lion a year, and our debt is now $4.7 has no significance, I remind my col- have absolutely no alternative but to trillion. But who can understand those leagues, whatsoever, and affords no vote for the Gephardt amendment. numbers? Lop off six zeros, and you protection whatsoever to senior citi- Without doing that, you ensure that have an understandable number, and zens and Social Security recipients. for the short term the overages in the you have something that the American If you want to do something about Social Security account will be used to people can understand as to why we this, and if you want to be honest with mask what the true size of the deficit have got to have the balanced budget the senior citizens of this country, the is, and long term the Social Security amendment and bring this spending Social Security recipients, the retirees recipients will be savaged.’’ under control.’’ and those who will retire, pass the Gep- Mr. SENSENBRENNER. Mr. Chair- But it is absolutely essential again man, I yield 3 minutes to the gen- hardt amendment, and pass it thusly. that we not depart from the formula tleman from South Carolina [Mr. Then you can go home and say we have that is on the floor right now of a passed a balanced budget amendment. INGLIS]. three-fifths supermajority on the debt Mr. INGLIS of South Carolina. Mr. It is a balanced budget amendment Chairman, I thank the gentleman from increase. That is the critical part of which protects Social Security recipi- the balanced budget amendment. That ents. Without it, you cannot do that. Wisconsin [Mr. SENSENBRENNER] for yielding this time to me. is why I urge my colleagues to reject As I observed yesterday, you can run Mr. Chairman, there is a fundamen- the Gephardt amendment as being fa- on this issue, but you cannot hide be- tal flaw in the amendment that is tally flawed. hind the sham which we passed yester- being proposed right now, and I believe Mr. BONIOR. Mr. Chairman, I yield 3 day. You can only hide from the rage it goes to really the heart of the bal- minutes to the distinguished gen- properly inspired of our senior citizens anced budget amendment, and the rea- tleman from Michigan [Mr. DINGELL]. if you vote for the Gephardt amend- son why we should go forward with the (Mr. DINGELL asked and was given ment. Because without that, they version that is on the floor right now permission to revise and extend his re- know that they are at risk and that the rather than amending it, as the gen- marks.) Members on that side of the aisle have tleman from Missouri [Mr. GEPHARDT] Mr. DINGELL. Mr. Chairman, I have put them there. would have us do, has to do with mov- listened with great enthusiasm to my Mr. SENSENBRENNER. Mr. Chair- ing away, in the Gephardt amendment, colleagues on that side of the aisle tell- man, I yield 2 minutes to the gen- from the three-fifths supermajority for ing us how they were going to protect tleman from Massachusetts [Mr. the debt limit increase. That in my Social Security, and yesterday they TORKILDSEN]. opinion is the heart of the balanced passed a resolution, nonbinding. It has Mr. TORKILDSEN. Mr. Chairman, I budget amendment. the same significance as the resolution rise today to oppose the amendment of- Those of us on the Committee on the adopted on the strawberry festival. It fered by the gentleman from Missouri, Judiciary heard very interesting testi- will not protect Social Security, and it and to state my support for an amend- mony from William Barr, the former will not help the Social Security retir- ment that will require a balanced budg- Attorney General of the United States, ees. But they passed it, and shortly et and offer the taxpayers some protection from future tax increases. who said that is the critical part, the they are going to be going home, tell- Over 2000 years ago, the people of an- self-enforcing part, of the balanced ing the people how this budget amend- other civilization also grew fed up with budget amendment because, as long as ment is not going to impair the rights overspending and overtaxing. that is there, it is not possible for this of Social Security recipients. Congress to spend in excess of the debt Rather than face a total revolt, Ptol- Now the hard fact is that the major- limit, of course, without that emy V reduced taxes on all people in ity leader, the gentleman from Texas supermajority vote. Institutional in- Egypt, and promised that taxes would [Mr. ARMEY], and the Speaker have vestors will back away. It will be a never be higher than they were at the continuously come out and denounced self-enforcing provision; no lawsuits, start of his reign. no questions of standing. It really will Social Security and suggested changes. And because the people were so work best if we have that three-fifths Now we are looking here at a situa- weary of unending tax increases, the supermajority requirement for increas- tion where, if my colleagues on that decree was written in stone—the an- ing the debt limit, but, as my col- side of the aisle are really sincere cient way to confer permanence in a leagues know, this is really a debate about protecting Social Security, they decision—and later became known as that the numbers are too large and can vote for an amendment which will the famous Rosetta Stone. Unfortu- really almost incomprehensible, so let do so, that which has been sponsored nately, this limit was not adhered to. us imagine for a moment that we are by the gentleman from Missouri [Mr. Taxes again were increased, and the not Members of the Congress of the GEPHARDT]. And it will afford absolute rest is history. United States, but rather board of di- security to our senior citizens, and it In this debate, we can require a bal- rectors for a company called the Cap- will assure them that there will be no anced Federal budget and limit future itol Card Co. games played and no raids made upon tax increases, not by writing in stone, The Capitol Card Co. has had a little Social Security to the adverse impact but by amending our Constitution to bit of trouble. It has been having ex- upon ordinary citizens, and senior citi- add tax limitation to the rights en- penditures of about $1.4 million a year, zens and retirees. joyed by the people of the United receipts of about $1.2 million a year, an The hard fact is that achieving a bal- States. annual loss of about $203,000. They have anced budget by 2002 is going to require Earlier today, I voted for the amend- been doing it awhile, so we have accu- that Medicare cuts take place to the ment which would require a three- mulated a debt now of $4.7 million. amount of $2,223 for persons over 65, fifths vote to raise taxes. While that That is a problem for this company, and I would point out that the impact amendment passed, it did not receive and I think, if we were the board of di- on Social Security recipients, an aver- the two-thirds vote necessary to pass rectors, we would say, ‘‘No more debt.’’ age one who receives $680 a month, an amendment to the Constitution. We would say to this company, if we would lose $150 a month unless we ab- Therefore, I will vote for the Schaefer- were on the board of directors, ‘‘Stop solutely assure them by the adoption Stenholm substitute later today, which borrowing. Figure out a way to control of the Gephardt amendment that we protects taxpayers by requiring an ab- these expenditures.’’ will not see a raid taking place on So- solute majority for any tax increase. Now that is an understandable num- cial Security. Every Federal program, Mr. Chairman, the power to tax is ber, $203,000 annual loss. The problem if we go the route that my colleagues the power to destroy, and the amend- for us, my colleagues, is that there are on that side of the aisle want to go, ment before us offers no protection to six zeros on the end of these numbers. will be cut about 20 percent. the taxpayers. I urge my colleagues to January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 747 defeat the amendment from the gen- minutes to the gentleman from Texas majorities from abuse by a transient tleman from Missouri, and to vote for a [Mr. STENHOLM]. coalescing faction. balanced budget, tax limitation amend- (Mr. STENHOLM asked and was ment. given permission to revise and extend b 1720 Mr. BONIOR. Mr. Chairman, I yield his remarks.) A supermajority requirement for im- 1 2 ⁄2 minutes to the gentlewoman from Mr. STENHOLM. Mr. Chairman, I too posing debt on future generations is Florida [Mrs. MEEK]. represent the senior citizens of the 17th very much within that spirit. The gen- Mrs. MEEK of Florida. Mr. Chair- District of Texas, but I also represent tleman from North Carolina [Mr. man, we are at a very critical time in their children and their grandchildren. WATT] referred earlier to the principle our history. It is time that the people Therefore, I respectfully and most sin- of equal protection in the Constitution. of America now will be able to really cerely rise in opposition to my leader’s This amendment provides protection to look at us and see if we really deliver amendment. I thank him for his kind the one class of citizens who do not re- truth in packaging. Now is the time comments and for the many courtesies ceive equal protection today, our chil- where we are at a place where our sen- he had given to me over this debate. dren and grandchildren. Requiring a ior citizens, their income security, is in But as he said in his comments, there higher threshold of support for deficit jeopardy. are those that sincerely have differing I do not think anyone, Republicans opinions regarding the subject before spending will protect those rights of fu- or Democrats, wants to send a message us today. ture generations who do not vote and back home that we are not going to There are two areas that I want to are not represented in our political sys- protect senior citizens. If there is just speak. First is in this area of Social Se- tem today but will bear the burden of a scintilla of reason to think that they curity. The Schaefer-Stenholm amend- the decisions we make today and to- may be jeopardized, I think it should ment protects Social Security for all morrow. cause each one of us some pause, if generations, not just current; but it The Schaefer-Stenholm amendment there is any reason for any of us to protects current as well as it can pos- is based on exactly the same principles think that there is, because we know sibly be protected. as the rest of the Constitution. It that these are the people who helped to I want to speak first though about would protect the fundamental rights build this country. And now that they the enforcement, because I believe the of the people by restraining the Fed- are in the twilight of their lives, we are lack of a supermajority to borrow eral Government from abusing its pow- going to change things around perhaps. money makes the amendment unen- ers. Imposing burdens on individuals I think of the great Congressman forceable. If Congress can continue to unable to speak for themselves should from Florida, Claude Pepper, who run deficits and borrow money by ma- be difficult to do. The easy option is to struggled throughout his career to jority vote, we will simply continue vote on all the tough choices and bor- make Social Security a standard thing the status quo of spend and borrow. row money to make up the difference. here in Washington. I think it is sac- The Gephardt amendment has no pro- Leaving future generations to pay rilegious to even think of trying to vision restricting the ability of Con- the cost of our current consumption raid Social Security. And I beg you to gress to increase the debt limit. Re- shold be difficult and should be more support, as I am going to do, the Gep- stricting the ability of the Government difficult than what it is under current hardt-Bonior bill. Unlike the commit- to borrow money is vital to enforcing a law. tee bill, this amendment does not ham- balanced budget amendment. No mat- Finally, on the issue of Social Secu- string our Government. Why let 40 per- ter what accounting techniques are rity, for some there is a genuine but cent of this House throw out the will of used to depict a balanced budget, and misguided disagreement about the best the majority? The Bonior-Gephardt regardless of any rosy scenario, eco- way to protect the integrity of the So- amendment properly supports the basic nomic assumption, smoke and mirrors, cial trust fund. I believe that keeping principle of American Government, or honest estimating mistakes, if ac- Social Security in the framework of majority rule; not supermajority rule, tual outlays exceed actual receipts, the the balanced budget amendment will but majority rule. Treasury ultimately should need to ensure that we take the actions we all The Gephardt-Bonior substitute pro- borrow money in order to need to meet know are necessary to deal with the tects Social Security by amending the the Government’s obligations. The unfunded liability in the trust fund and Constitution so that there will not be Schaefer-Stenholm amendment would preserve the long-term soundness of any guesswork, so there will not be any hold Congress accountable by requiring that trust fund. space to not secure Social Security. a three-fifths vote to raise the debt If we do not bring our deficit under Let us take Social Security off the ceiling. The Schaefer-Stenholm amend- control, the integrity of the Social Se- chopping block. Totally no gimmicks. ment does not undermine majority curity program will be threatened That is why it is so important to rule. Opponents who focus on the dif- early in the next century. Everyone in every senior citizen. I represent them ficulty of achieving a three-fifths ma- this body knows that today. here. By chronology it is so important. jority miss the point. They are still fo- Exempting the Social Security trust And every person expects to be a senior cused on what is necessary to run a fund creates the temptation to abuse citizen sometime in the future. I have deficit. that exception and undermine the in- the Gephardt amendment here in my The possibility of a three-fifths vote tegrity of the trust fund. The Schaefer- hand. It is written down. The senior is a deterrent. Facing it is so undesir- Stenholm amendment will protect ab- citizens of this country are saying to able that Congress and the President solutely Social Security for our cur- us if this contract is so important to generally would do anything to avoid rent generation and for our children us, let us write it down. Let us specify it, even balance the budget. The Schae- and grandchildren. what we are going to do. I do not need fer-Stenholm amendment would not af- I want to repeat, the Stenholm- another contract. I believe in the one fect the ability of a majority to spend Schaefer amendment will absolutely that says ‘‘We the people, in order to on programs it deems important and to protect Social Security for all of those make a more prefect union.’’ set budget priorities as it sees fit. A receiving it today and for our children Let us protect the general welfare supermajority would be required in and grandchildren. and justice. That is the contract that I just one instance, when the majority of Mr. BONIOR. Mr. Chairman, I yield 2 am speaking about today. If we are the Congress has abdicated its respon- minutes to the distinguished gentle- going to have a contract, let us write it sibility to enact a budget that is in bal- woman from the District of Columbia down and secure Social Security. Vote ance. [Ms. NORTON]. for the Gephardt-Bonior amendment. It One of the explicit purposes outlined Ms. NORTON. Mr. Chairman, I rise in is important to senior citizens every- by our Founding Fathers in the Fed- support of the Gephardt-Bonior amend- where. eralist Papers was to put certain rights ment as the only remaining way to in- Mr. SENSENBRENNER. Mr. Chair- and powers beyond the reach of the ject some sanity into this process. As man, to show the bipartisan nature of tyranny of the majority and to protect one distinguished constitutional schol- opposition to this amendment, I yield 5 certain current minorities and future ar has said, this amendment is more H 748 CONGRESSIONAL RECORD — HOUSE January 26, 1995 likely ‘‘to unbalance the Constitution has, we must fix the problem by first cial Security is off the table. We Re- than to balance the budget.’’ addressing the fundamental problems publicans joined Democrats in saving I spent some considerable years of in that process. We owe it to our chil- Social Security, keeping it off budget. my life as a constitutional lawyer, and dren to pass a real balanced budget And just look to last year and the I have tried to ask myself, where has amendment. 103d Congress. That is where the Social this goofy idea come from that we can Mr. BONIOR. Mr. Chairman, I yield 2 Security tax was increased by the balance the budget in the Constitution minutes to the distinguished gentle- other side of the aisle. Believe me, we of the United States? So I went to the woman from California [Ms. WATERS]. can have a balanced budget amend- document. I have read it again to see if Ms. WATERS. Mr. Chairman, I rise in ment because we know we have pre- I could find any analogy that would support of the Gephardt-Bonior sub- served Social Security. It is off budget. make me believe that this is not a dis- stitute amendment. b aster. This amendment would simply ex- 1730 What I found was that our Constitu- empt Social Security from cuts. We Mr. BONIOR. Mr. Chairman, I yield 2 tion does not enshrine processes, only have to take this extraordinary action minutes to the distinguished gentle- fixed requirements, because the more because the Members on the other side woman from Petaluma, CA [Ms. WOOL- complicated the process, the more of the aisle, the Members in the major- SEY]. room to interpret. Things that need in- ity, have taken this extraordinary ac- (Ms. WOOLSEY asked and was given terpretation we put in statutes. tion to amend the Constitution of the permission to revise and extend her re- I looked closely at the Constitution. United States of America. marks.) There are seven articles. Almost every- We just returned to this session on Ms. WOOLSEY. Mr. Chairman, I rise thing to be said is said in the first January 4. In 22 days we will amend the in strong support of the Gephardt- three, and all they do is set up this ge- Constitution of the United States, a Bonior substitute to exempt Social Se- nius of a form of government, the exec- constitutional amendment to balance curity from balanced budget calcula- utive, the legislature and the judiciary; the budget, making extraordinary cuts tions. the checks and balances, if you will. in order to do that. The Contract on America calls for a The only substantive part of the Con- Some of those cuts we have talked balanced budget amendment, sup- stitution is the Bill of Rights. And of about on this floor, but this is the most posedly to safeguard the future well- course, the courts interpret and rein- cruel of them all. We have got to move being of our Nation. And, yet, the bal- terpret and overinterpret and interpret to protect Social Security. We have got anced budget amendment contained in those again. And that is the last thing to move to protect it in this extraor- the contract endangers Social Secu- we would want to happen with any bal- dinary fashion because there have been rity. That is a serious threat to the fu- anced budget amendment. no hearings. The people in our towns, ture well-being of one of America’s Then I said, let us go to another in our cities, have not been engaged in most treasured resources—our senior source. And so I went to the experience this process. Nobody came out to ask citizens. of the states, whom we are told, after our senior citizens. We know what we Mr. Chairman, we hear time and all, balance their budgets. Oh, yes, hear from our senior citizens when we again from balanced budget supporters they do. They balance their budgets on go about our districts. They say to us, that they want to protect Social Secu- paper every year with gimmick after they have fear and they have anxiety. rity. Well, a balanced budget amend- gimmick, selling assets, shifting pro- They want to know, is the fund going ment will require deep, deep, cuts in a grams off budget, accelerating tax col- broke. They want to know, are they wide range of programs. If these Mem- lections, underestimating spending, going to get a raise. They want to bers want to protect Social Security, overestimating revenues. know, are we using Social Security to why not put this protection in the And I have got the best example for balance the budget. They ask us this amendment? my colleagues, Mr. Chairman. It is all the time. Many Members pretend that we can what has happened to the District of Yet we would come here and, in 22 protect Social Security from cuts by Columbia today, which submitted a days, we would put them at risk by passing a nonbinding resolution. But, balanced budget every year and is now amending the Constitution of the Unit- Mr. Chairman, the taxes seniors paid on the brink of bankruptcy. ed States. It is not fair. It is cruel. It into the Social Security system were Mr. SENSENBRENNER. Mr. Chair- is unconscionable, and we must stop not nonbinding. Why should protection man, I yield 1 minute to the gentleman this madness. Support this substitute of their contributions be nonbinding from Iowa [Mr. LATHAM]. amendment so the seniors of this coun- Mr. Chairman, America’s seniors de- Mr. LATHAM. Mr. Chairman, I thank try can go to bed with peace, so that serve better than what the Contract on the gentleman for yielding time to me. they can rest. America is offering them. They deserve Mr. Chairman, I rise today in opposi- We have messed around with Social to know that this contract will not be tion to the Gephardt amendment and Security long enough. It has been in used to steal what is owed to them. to ask my colleagues to support a real the budget, out of the budget. We have Mr. Chairman, what is at stake today balanced budget amendment. used it to balance the budget. Let us is the importance of a contract. And, I As much as we have heard from the put the issue to rest. Let us support say we honor the contract America’s other side of the aisle about the Con- this amendment so that our seniors seniors made by paying Social Security stitution, the Gephardt amendment can say, we can now rest in peace that taxes, not the Gingrich contract, that simply requires a majority vote to ig- we are not going to be put at risk one puts their Social Security at risk. My nore the Constitution and to go on more time. colleagues—join me in passing the Gep- with business as usual. There is no Mr. SENSENBRENNER. Mr. Chair- hardt-Bonior substitute. change at all here. man, I yield 1⁄2 minute to the gen- Mr. SENSENBRENNER. Mr. Chair- This resolution is a meaningless tleman from Pennsylvania [Mr. FOX]. man, I yield 1⁄2 minute to the gen- piece of paper. This resolution is an (Mr. FOX of Pennsylvania asked and tleman from Michigan [Mr. SMITH]. empty gesture. was given permission to revise and ex- Mr. SMITH of Michigan. Mr. Chair- Just since yesterday, we have put our tend his remarks.) man, just in 30 seconds, let us make it children another half a billion dollars Mr. FOX. Mr. Chairman, I think it is very clear. This amendment does not in debt, and they are already nearly very clear that the balanced budget protect Social Security, it goes back to five trillion in the hole. And it is time amendment is an idea that has come business as usual. to stop digging. from the people of the United States. It says it is going to only take a sim- Without a real balanced budget With the years of deficit spending, we ple majority to increase deficit spend- amendment, we will never even begin have no fiscal discipline in this House. ing. It is only going to take a simple to help them pay this back. Eventu- The only way to get it is with a bal- majority to raise the debt limit. It is ally, however, someone will have to. anced budget amendment. only going to take a simple majority to When a process breaks down as com- What is very clear from yesterday is, raise taxes. It is what we have always pletely as the Federal budget system through the Flanagan amendment, So- had. It does not work. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 749 Under the budget resolution we the previous calendar year. To prevent the in- do it. That is how our Government passed last year, just remember, the direct growth of State spending through man- must do it. national debt will balloon from $4.5 dates, the Headlee amendment also included Mr. Chairman, there is no question about trillion to $6.3 trillion. It is not work- a provision to prevent the State from imposing our need to come to grips with the deficits ing. We are mortgaging our kids’ fu- unfunded mandates on local governments. which have, in recent decades, become the ture. We need a change. Professor Friedman, in a recent column in norm in Federal budgeting. Year after year of Mr. Chairman, it is frustrating to think that the Wall Street Journal, stressed the need to deficits have left us with a national debt total- we have to amend the Constitution in order to include spending limitation language in a bal- ing $4.64 trillion. Debt service alone on that get Congress to do its job. Because Congress anced budget amendment. We don't need to massive sum consumes over 15 percent of can't seem to say ``no'' to lobbyists and inter- require the Federal Government to fund every our Federal budget; in fact, interest payments est groups, our country's economic health is at mandate imposed upon State and local gov- on the Federal debt are $59 billion more than risk. A constitutional amendment may give leg- ernments, but we should count the costs of this year's projected deficit. islators the backbone they need to start saying any unfunded mandate as a Federal outlay in If that debt could be magically wiped off the ``no'' and balance the budget. the amendment. books, our budget would be in balance. But The question is, ``How big do we want gov- As chairman of the finance committee in the magic can't make that happen. Likewise, ernment to be and how do we pay for it?'' This Michigan Senate, I had the opportunity to ob- passing the balanced budget amendment re- year the Federal Government will spend $1.5 serve the operation of the Headlee amend- ported by the House Judiciary Committee will trillion. Taxes will bring in $1.2 trillion, forcing ment at close hand. Simply put, the amend- not magically turn around Federal fiscal policy us to borrow $300 billion from pension funds, ment works, Michigan Gov. John Engler re- and achieve the balance that we all want to foreign countries, insurance companies, the cently appointed a commission to review the see. The only way the deficits can be erased Social Security trust fund, and others. performance of the Headlee amendment. The and we can get on with the task of reducing We cannot continue to borrow and spend. commission concluded that the Headlee the national debt that exists today is by mak- Interest payments on the debt will be over amendment has stopped the growth of State ing toughÐvery toughÐchoices relating to $300 billion this year. Last year, for the first government as a share of the State economy, spending and revenues. That is how American time, we spend more on interest than on de- and protected local governments from State families do it, and that's how our Government fense. Under the budget resolution passed last government mandates. should address its budget dilemma. year, the national debt will balloon from $4.5 With the Senate and House of Representa- I am glad to say that, after years of ever es- trillion to $6.3 trillion in 5 years. If we want to tives on the verge of approving a balanced calating deficits, this Congress in cooperation stop mortgaging our kids' future with endless budget amendment, the critical next step will with the administration has finally begun that borrowing, and we think 42 cents of every dol- be writing effective legislation to implement process in earnest. Two years ago, we en- lar is enough in taxes, and we know that tax and enforce the proposed new balanced budg- acted the largest deficit reduction package in increases on businesses and working people et requirement. In the event that a tax or the Nation's history, and we are seeing re- destroy jobs, then we have only one alter- spending limitation is not included in the con- sults. For the first time since the Truman ad- nativeÐcut spending. stitutional amendment itself, implementing leg- ministration, we have had 3 successive years Amending the Constitution is a huge re- islation will provide Congress with a second of declining deficits. It didn't happen by magic. sponsibility. We should work to draft and ap- chance to consider effective limits on taxes or It happened because a majority of members of prove an amendment that will be as useful spending. both Houses of the Congress and the Presi- and as applicable 100 years from now as is I support a Federal spending limit linked to dent were willing to make difficult choices. And today. To do that, we should address a real growth in the gross national product [GNP] as more choicesÐtougher onesÐare ahead if we threat to Americans' current and future stand- the best way to promote both fiscal respon- are serious about this. ard of living: Federal spending. sibility and economic growth. The Judiciary Committee's proposed The President and others complain that a Mr. BONIOR. Mr. Chairman, I yield 1 amendment will not do the trick. The commit- balanced budget requirement would force minute to the gentlewoman from New tee's proposal is seriously flawed for a number Congress to slash domestic spending and re- York [Mrs. LOWEY]. of reasons. First and foremost, the amend- strict options for health care reform. What they (Mrs. LOWEY asked and was given ment does not deal with implementation at all. really mean is, `Ìt's easier to leave the bills for permission to revise and extend her re- That is problematic for two reasons. First, I our children than to pay as we go.'' The budg- marks.) believe in truth in budgeting. The American et that Congress passed on March 11 will add Mrs. LOWEY. Mr. Chairman, I rise in people need to know the specifics of how we $1.6 trillion to the national debt by fiscal year support of the amendment. are going to get from here to thereÐfrom to- 1999, bringing it to $6.3 trillion. There is no question about the need day's $176 billion deficit to zero by the year The bottom line is that overspending harms to balance the Federal budget. Year 2002. The majority leader of this House has our long-term economic growth. We now pay after year of deficits have left us with let it be known that he is concerned that $314 billion a year in interest on the public a national debt totaling $4.64 trillion. knowing the game plan would cause knees to debtÐalmost 23 percent of Federal revenues. If we could wave our magic wand, say buckle. I don't know about him, but I can tell The Government's borrowing drives up inter- abracadabra, and wipe that debt off the you that I think we need to know the factsÐ est rates and takes money away from individ- books, our budget would be in balance. and face up to themÐbefore we sign off on uals and businesses that could use it to invest However, magic cannot make that hap- something like this. If the details aren't going and create jobs. Since 18 percent of this bor- pen. In fact, we know on our side that to sell with the American people, we need to rowing comes from foreign countries, it also gimmicks and magic tricks will not find another answer up front instead of creat- makes us more dependent. balance the budget. ing unrealistic expectations. I am concerned that a simple balanced Unfortunately, our friends on the Second, if the amendment finds its way into budget amendment will not achieve our goal other side seem to believe in magic. the Constitution, we need to acknowledge that of controlling Government. In Michigan where They believe that once we pass these it raises the very real possibility that, contrary I served 14 years in the State legislature, a amendments and say alakazam, abra- to the design of the Founding Fathers, spend- State balanced budget requirement in the con- cadabra, poof, presto, we will have a ing and tax decisions will end up in the hands stitution failed, at least initially, to control gov- balanced budget. of unelected Federal judges. We have wit- ernment spending. The State got around the Mr. Chairman, I have great respect nessed on this very floor year after year of limits on its spending by balancing the budget for the chairman, the gentleman from contentious debates about how to reduce the with accounting tricks, unfunded mandates, Illinois [Mr. HYDE], but he is not a ma- deficit. We have experienced a series of do- and new taxes. The result was a State gov- gician. Passing the balanced budget mestic summits aimed at reaching agreement ernment that continued to consume a larger amendment reported by the Committee on deficit reduction strategies that would win and larger portion of State income even under on the Judiciary will not magically sufficient support from members of this legisla- a balanced budget amendment. turn around Federal fiscal policy and tive body and various administrations to be We solved this problem by passing the so- achieve the balanced budget that we all enacted. And we have, time and again, seen called Headlee amendment to the Michigan want to see. consensus fall apart. If that were to happen Constitution in 1978. The Headlee amendment The only way the deficit can be again and this amendment were to become limited the growth of State revenues to the erased is by making tough, very tough, part of the Constitution, court appeals would growth of personal income in Michigan during choices. That is how American families ensue and we could see an unelected Federal H 750 CONGRESSIONAL RECORD — HOUSE January 26, 1995 judge anywhere in this country, depending on balancing the Federal budget. But the harsh are that the interest on the debt will reach where the suit was filed, making taxing and realities of the Depression required massive $283 billion. Interest on the national debt is spending decisions for all of us. Quite frankly, pump priming to restart an economy that was now the third largest item in the Federal budg- I find it hard to believe that the advocates of in a nosedive devastating the lives of millions et, after Social Security and defense. this amendmentÐmany of whom have been of Americans. President Roosevelt was not For decades we have been operating our highly critical of activist Federal judgesÐwould bound by his previous positions, and we Government with deficit upon deficit. We are truly want that to happen. But all of us in this should all be grateful that he was not. But he putting at stake our future and our children's Chamber know it very well could. I am con- would have been bound by the amendment future. Continuing down this path will assure fident my constituentsÐwho value our demo- which has been recommended to us by the that our country, down the line, will face very cratic form of GovernmentÐwould not stand Judiciary CommitteeÐand the American peo- serious political and economic crises. If we do for it. ple would have suffered severely as a con- not address this problem, an economic up- I am also very concerned about what this sequence. The committee's amendment does heaval will be the first that we will face fol- amendment would mean to American fiscal not provide an escape hatch to deal with eco- lowed by a massive political one that will policy. Many of those who are its strongest nomic realities as common sense and historic make the 1994 midterm elections look like a advocates argue that we would merely be put- experience tells us it should. blip on the radar screen. ting in place the same requirement under As this debate continues, I will be support- As you will recall, after the Congress ap- which State governments operate around the ing alternative approaches to the committee's proved, and the President signed, the 1993 Nation. That sounds good, but the comparison constitutional amendment that would effec- Omnibus Budget Reconciliation Act, the larg- does not hold up to thorough scrutiny. First, tively resolve the problems which are clear. est deficit reduction package in history, the fi- States do carry debt, they simply do so by But I want to emphasize in closing that the nancial markets responded very favorably. In- moving important parts of their spending off- fundamental problem with the amendment be- terest rates went down thereafter and our budget. Most notably, every State has some fore us remains: it is a placebo when our Na- economy continues down the strong road set form of capital budgeting for major capital tion's deficit requires serious medicine; it is a that day. Also, remember that this package projectsÐroads, buildings, sewage treatment quick fix when only ongoing therapy will en- was approved without a single Republican facilities, and other infrastructure improve- able us to end deficit spending and get on vote. Our party's record on deficit reduction is mentsÐthat are critical to their economic with the business of retiring the national debt. strength and which are then funded with bond I call on my colleagues, regardless of the strong. issues and do involve incurring real debt. Our outcome of today's votes, to join together in a However, due to the failure to address the health care question and other matters, our colleague, Congressman WISE will be offering serious effort to make the tough choices which an alternative version of this amendment can truly address the deficit. There is too good times may be short lived. Projections which would provide for a capital budget, and much work to be done to allow ourselves to show that in a few years the deficit will begin I will be supporting that alternative. It rep- be consumed by playing games and trying to to rise once more. resents a major, sensible improvement over convince the American people we are ad- So, Mr. Chairman, I understand the serious- the committee's proposal. It reflects an impor- dressing the deficit when we are only delaying ness of the situation. I do not take it lightly. tant reality of America today, and it would the day of reckoning. The American people demand action on this allow the Federal Government to make long- Mr. SENSENBRENNER. Mr. Chair- matter. At the same time, the Congress has term investmentsÐjust like American families man, I reserve the balance of my time. no internal restraint by which to curb its do when they decide to incur a mortgage debt The CHAIRMAN. The gentleman spending. to buy their own home. from Wisconsin [Mr. SENSENBRENNER] The question that we have before us is not Second, the amendment reported to us by has 91⁄2 minutes remaining, and the whether to have a balanced budget amend- the committee would put Social Security on gentleman from Michigan [Mr. BONIOR] ment, but how we get to a balanced budget. the chopping block, and I for one cannot sup- has 51⁄2 minutes remaining. I am afraid that the resolution to this matter port that. I have said, time and time again, Mr. BONIOR. Mr. Chairman, will the will be another political gimmick passed by since entering the Congress that Social Secu- gentleman from Wisconsin yield some this body ala Gramm-Rudman. We will be sim- rity is a contract between generations of of his time? ply passing the buck. What the American peo- Americans. It is a contract that is self-financed Mr. SENSENBRENNER. Mr. Chair- ple want from a balanced budget amendment by a dedicated stream of revenuesÐemployee man, will the gentleman yield? is a complete outline of what and how expend- and employer contributions and the interest Mr. BONIOR. I yield to the gen- itures will be cut. earned on investments of that revenueÐand tleman from Wisconsin. When we say: how will you balance the that should not, must not be brought into over- Mr. SENSENBRENNER. Mr. Chair- budget, the Republicans squirm in their seat. all budget decisions. In the 6 years I have man, most of the debate today has been When we say: what gets cut, and whose belt served in this body, we have passed measure on amendments from the gentleman’s gets tightened, they change the topic alto- after measure to insulate Social Security from side of the aisle, so I think he has plen- gether. being victimized by external budget pressures. ty of time to talk about it. A few weeks ago the Republican leader This amendment, by not excluding Social Se- Mr. BONIOR. I thank the gentleman said that if the American people knew what curity from its coverage, would negate what for his courtesy. was involved in the balanced budget amend- we have done to protect the trust funds and Mr. Chairman, I yield such time as he ment, Congress' knees ``would buckle.'' The again put Social Security in jeopardy. After all may consume to the gentleman from El amendment would die on the House floor. older Americans have done for this genera- Paso, TX [Mr. COLEMAN]. Furthermore, the Republican leadership has tion, I cannot let their Social Security nest egg (Mr. COLEMAN asked and was given forwarded a concurrent resolution that is noth- be raided to cover excessive spending else- permission to revise and extend his re- ing more than a smoke screen to hide their where in the Federal budget. And the commit- marks.) true intentions towards Social Security. This tee's proposed amendment would clearly Mr. COLEMAN. Mr. Chairman, I rise resolution would have no binding effect on fu- threaten New York seniors. The Speaker and in support of the Gephardt amendment. ture Congresses that will be responsible for others have advocated changes in cost-of-liv- My position on this issue has always been implementing a balanced budget amendment, ing adjustments to help reduce the deficit. clear: Our Federal Government should live if approved by the States. While virtually every projection available tells within its means. I have supported a balanced budget amend- us that even greater cuts than that would be It has been 25 years since the Federal Gov- ment before and support the Conyers version necessary to fulfill the committee amend- ernment ended a fiscal year with a surplus. today because I believe it is what the Amer- ment's mandate, the Speaker's proposal alone Our Government has been running deficits for ican people want. The Conyers version will would cost the average Social Security recipi- so long that we have taken them for granted. detail on account-by-account basis how our ent thousands of dollars in the years ahead in Each American's share of the debt is more Government will achieve a balanced budget lost benefits. than $13,000. Our national debt has been esti- by the year 2002. Third, we cannot ignore the fact that fiscal mated at over $4.5 trillion. The interest on the The Conyers version and the Gephardt policy is an important tool for addressing fluc- debt in this fiscal yearÐfiscal year 1995Ðis amendment also exempts Social Security. tuations in our national economic condition. $226 billion. The next fiscal year, the interest This is an important provision to me because When Franklin Roosevelt sought the Presi- on the national debt will increase to $245 bil- I myself tried to get a balanced budget dency the first time, he was an advocate of lion. By the year 2000, the current estimates amendment considered on the floor of the January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 751 House that would have exempted Social Se- raise taxes to make up for the shortfall? Sure- liabilities decline. While these events boost the curity and Medicare. Unfortunately, the Rules ly, not the judges. After all, this prerogative is Government deficit, it offsets to some degree Committee, would not allow my amendment to left to elected representatives of the people the decline in the private sector. be offered on the House floor. like members of Congress or Presidents. However, with a Barton or Stenholm bal- My proposed balance budget amendment Knowing all this, the Judiciary Committee, anced budget amendment, the synergy would would have put the Social Security program which reported the Barton amendment, did not be damaged. It would force the Federal Gov- off-budget, that is, it would be exempt from even breach this area. The chairman of that ernment to raise taxes or cut spending to any balanced budget requirements. In my committee cut short debate on Democratic cover the increasing deficit that a slowing opinion, the Barton and the Stenholm versions amendments dealing with this matter when the economy is generating. If the Congress ap- of the balanced budget amendment threaten constitutional amendment was before his com- proves the Barton amendment, things could the income security of older Americans. While mittee. go from bad to worse because this amend- the concurrent resolution governing consider- In addition, the Barton and Stenholm bal- ment requires a three-fifths majority to ination of the various balanced budget amend- anced budget amendments pass costs along crease taxes. ments calls for achieving a balanced budget to the States. A recent study by the Economic On the subject of three-fifths majority to without `ìncreasing the receipts or reducing Policy Institute shows that a balanced budget raise taxes, I am not in favor of it. By doing the disbursements'' of the Social Security trust amendment requiring a balanced Federal this, the Congress will be ceding power to a funds, I want special safeguards, especially budget by 2002 would have a significant eco- congressional minorityÐthis is expressly what when we amend our Constitution. nomic effect on the incomes and living stand- our Founders rejected when they drafted our In my opinion, we are simply taking the ards of most Americans. When combined with Constitution. Instead of putting the principle of word of the Republican leadership by approv- the spending cuts called for to achieve a bal- balanced budgets in the Constitution, we ing the concurrent resolution for consideration anced budget, my State of Texas would stand would instead be enshrining the principle of of the various balanced budget amendments. to lose $14 billion. That translates to a loss of minority rule. Forty percent plus one of either I want the Social Security exemption to be ex- $879 per person. When the balanced budget house could hold our Federal Government plicitly mentioned in the language of the amendment is combined with the Contract hostage. Just think what it would have been amendment which the Conyers version does. With America cuts, Texas would stand to lose like if past Congresses had to meet a three- I want to keep the promises made to our So- $20 billion dollars. That translates to $1,205 fifths requirement in order to respond to a na- cial Security retirees. Our country's older per Texas resident. My congressional district tional crisis such as the Great Depression or Americans rely on Social Security for income would lose $542 million dollars or $957 per the last two world wars. support. We cannot let a poorly drafted bal- person. We, as lawmakers, have to take the respon- anced budget amendment threaten their secu- Many of these dollars cut go to essential sibility of dealing with what is now the biggest rity. public services like Medicare, Medicaid, food single threat to our economic and national se- Another benefit from placing Social Security and housing assistance, education, training, curity. Let's not walk away from that by pass- off budget would be that we would not be social services, unemployment insurance, ing just another political gimmick. Let's put be- masking the true size of the deficit. Washing- sewer/water aid, welfare payments, public fore the State a balanced budget amendment ton has gotten quite a reputation for using transportation, and many more. And who is to that details how we are to get to balanced funny arithmetic in explaining its numbers, es- make up for the shortfall when these programs budget. Approve the Conyers substitute. pecially its budget and projection numbers. As are no longer funded by the Federal Govern- Mr. BONIOR. Mr. Chairman, I yield 2 you know, the Social Security program is a ment? The taxpayers. Through State and local minutes to the distinguished gen- self-sustaining program which runs a surplus. tax increases. tleman from California [Mr. TUCKER]. Using this surplus to hide the true size of the A Washington Post-ABC poll published on Mr. TUCKER. Mr. Chairman, it is deficit is shameful. The Conyers amendment January 6, 1995, reported that only 41 percent show time. It is time to put up or shut would put an end to this. of those queried said that approving a con- up. It is time to fish or cut bait. We Second, my proposed balanced budget stitutional amendment requiring a balanced could think of a whole lot of collo- amendment would have also exempted Medi- Federal budget was absolutely critical. Fur- quialisms for what we have to do care. Again, both the Barton and Stenholm thermore, only 37 percent would support a today, but it is time for those on both versions of the balanced budget amendment constitutional amendment to require a bal- sides of the aisle to show whether or provide no protections for Americans who rely anced budget if it meant cuts in Federal not they are really in protection of So- on this important program. spending on education and that percentage cial Security. Under the typical balanced budget amend- dropped down to 34 percent if it meant cuts in Yesterday, Mr. Chairman, we had a ment, caps and cuts on Medicare can be fore- Social Security. flimsy resolution that said that Mem- seen. If there is a cap on this program, or a The State of Texas, as you may know, has bers on the other side of the aisle were deep cut, Medicare will not be able to provide no State income tax and meets only once in favor of protecting Social Security. the limited cushion it now provides. Even every 2 years. Texas gets 26 percent of its I did not believe it, but they said it was more, these caps and cuts will hurt the poor budget from the Federal Government. That's like a promissory note. and elderly disproportionately. one out of every four dollars that will no longer We are here today to cash in on that These two programs, Social Security and be there if this funding is cut. Yet the public note. If they pledged, truly believe that Medicare, are part of the social safety net that will still demand the same services. To con- they pledged that they were in favor of many in this Congress wish were not there. In- tinue providing these services, the State and supporting Social Security, here is deed, both the Speaker and the Republican localities will be forced raise taxes. It is going their opportunity to belly up to the bar leader have threatened these two programs in to be increasingly difficult for my State to and to vote to protect Social Security the past. But they are there for a reason. Vital make up for this shortfall through property once and for all by supporting the Gep- programs for older Americans must not be dis- taxes and sales/excise taxes, their two main hardt-Bonior amendment. mantled blindly in the name of deficit reduc- sources of revenue. Mr. Chairman, the Social Security tion. Fiscal responsibility should not make us These cuts will also affect the neediest in a trust fund, that is exactly what it is, it overlook the importance of these two pro- disproportional manner. Half the money that is a trust, a trust that the senior citi- grams and the people that depend on them. goes to the States goes to health care in the zens in this country have put in us. I, also, did not support the Barton or Sten- form of Medicare and Medicaid. The elderly, Now, Mr. Chairman, we are telling holm balanced budget amendments because poor and needy depend on this form of aid them ‘‘Don’t count on my vote, just they do not answer the question of who has most of all. count on my trust.’’ standing if a balanced budget is not produced. I also fear that the economy could be hurt They have already put their trust in What if the President submits an unbalanced if we approve the Barton or Stenholm bal- you, so let us see what you are going to budget? What if the Congress produces one? anced budget amendments. The synergy of do today, not to answer to us on this Who tell us, the Congress, that we are not liv- the current economic system is that this Gov- side of the aisle but to answer to the ing within our limits? Will it be un-elected Fed- ernment provides fiscal stabilizers when there American public and to senior citizens eral judges? This is the same problem we had is a downturn on the economy. When workers out there all over the country. Let us with Gramm-Rudman. lose jobs, for example, unemployment com- see today what you are going to do. We If the Congress produces a budget in which pensation rises and softens the effect on the know who you are going to have to an- outlays exceed receipts, who will decide to economy. If business profits are off, then tax swer to. H 752 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Mr. SENSENBRENNER. Mr. Chair- In short, Mr. Chairman, if the Amer- cial Security payroll tax. And it does man, I reserve the balance of my time. ican people knew what this balanced not define what constitutes Social Se- The CHAIRMAN. The gentleman budget amendment really meant, they curity. from Wisconsin [Mr. SENSENBRENNER] would rise up in opposition to these That is the fatal flaw in this amend- continues to reserve the balance of his crippling cuts. All I am asking for, Mr. ment. It will not protect Social Secu- time. The gentleman does have the Chairman, is to tell the American peo- rity the way the proponents claim it right to close. Does the gentleman ple the truth. The truth may hurt, but will. Because by not defining Social Se- have additional speakers? the American people should know. curity in the text of the amendment, Mr. SENSENBRENNER. No, Mr. The CHAIRMAN. The gentleman the Congress that wants to mess Chairman. from Michigan [Mr. BONIOR] has 1 around with Social Security in the fu- Mr. BONIOR. Mr. Chairman, I yield 1 minute remaining. ture can simply call all of its pending minute to the distinguished gentle- Mr. BONIOR. Mr. Chairman, I yield 1 schemes amendments or additions to woman from Rochester, NY [Ms. minute to the gentlewoman from Texas the Social Security law and avoid the SLAUGHTER]. [Ms. JACKSON-LEE]. constraints of the balanced budget Ms. SLAUGHTER. Mr. Chairman, our (Ms. JACKSON-LEE asked and was amendment. given permission to revise and extend Constitution is the envy of the world. Second, the last time the House de- her remarks.) It has guided us superbly for over 200 bated and voted on this subject was on Ms. JACKSON-LEE. Mr. Chairman, I years. For the past few years it has March 17, 1994. I have been listening to could just stand here today and talk been under constant assault from the debate quite closely, and I have about Ivalita Jackson, my mother, or Americans and people here who would here the CONGRESSIONAL RECORD of change it and cast off pieces like dis- Ezra Jackson, my father; just some plain hard-working people that simply that date, and rollcall 64 is a very illus- carded cloths. trative one. Because many of the With this amendment we do not have asked if they would be allowed to work and contribute and some day look for- speakers who have made impassioned a clue how to get to this balanced speeches on the other side of the aisle budget. How are we going to achieve it ward to Social Security. My colleagues would say that was voted against the only amendment in without doing great harm to the coun- last year’s balanced budget debate that try and to our citizens? the narrow viewpoint to take on this contained the Social Security language Today’s Members of the House do not very important issue. that we are debating today. really have to care. Most do not plan to b 1740 Among those who argued in favor of be here when the crunch comes. They That is why I have stayed here the the Gephardt amendment today who are going to leave it to future Con- entire day on this floor, to partake in voted against the same language in the gresses to take on that responsibility. a bipartisan effort to be able to form a context of the Wise amendment last Mr. Chairman, we are on the right balanced budget amendment that year were the gentleman from Michi- road with a deficit reduction plan would rise to the occasion of represent- gan [Mr. DINGELL], the gentleman from which is working beyond our expecta- ing all Americans. Missouri [Mr. GEPHARDT], the gentle- tions. Please do not buy a pig in poke I hope that people who are listening woman from New York [Mrs. LOWEY], to feel good now and to take away the and viewing this realize that we are the gentlewoman from New York [Ms. ability to get this monster debt under not talking about perfecting amend- SLAUGHTER], the gentleman from Cali- control sensibly, without a meat axe. ments or pieces of an amendment. Remember, Mr. Chairman, Social Se- fornia [Mr. TUCKER], and the gentle- What has been offered by the Demo- woman from California [Ms. WOOLSEY]. curity is a Democrat contract with crats are balanced budget amendments. America. Leave it alone. Vote for the I think that those of us who are vot- We are debating balanced budget ing against this amendment are being Gephardt-Bonior amendment. amendments. We are attempting to Mr. BONIOR. Mr. Chairman, I yield 1 consistent in our votes. We are proud work for all of the people. And I have to be consistent in our votes, because minute to the distinguished gentleman to work for those citizens who have from New York [Mr. ENGEL]. we want a balanced budget amendment worked. that means something while protecting Mr. ENGEL. Mr. Chairman, I thank Support the Bonior-Gephardt amend- the gentleman for yielding time to me. Social Security. ment. Support Social Security. Keep The Gephardt amendment does not Mr. Chairman, I rise in support of the remembering we represent all of the Gephardt-Bonior amendment to pro- do that. I would urge a no vote on the people. Gephardt amendment. tect Social Security and protect our Mr. SENSENBRENNER. Mr. Chair- Mr. RICHARDSON. Mr. Chairman, I rise in senior citizens. man, I yield myself the balance of my support of the Gephardt-Bonior substitute. Why will our Republican friends not time. Yesterday, we voted on a worthless concur- tell the American people what pro- The CHAIRMAN. The gentleman rent resolution, the Endangered Members Pro- grams will be cut if the balanced budg- from Wisconsin [Mr. SENSENBRENNER] tection Act, that was not even binding in its et amendment becomes part of the is recognize for 91⁄2 minutes. Constitution? Is it because they are Mr. SENSENBRENNER. Mr. Chair- protection of Social Security. Now, we have an afraid to tell the American people the man, this debate has been somewhat of opportunity to vote on a substitute with some truth, or is it because, as a Republican a disjointed debate. To sum up on our actual teeth for preserving Social Security for leader recently stated, Members of side of the aisle, I think it is important current and future generations. Congress cannot be told the truth be- to distinguish the differences between Since I entered Congress, the House has cause their knees would buckle if they the Gephardt-Bonior amendment and voted on several important bills to strengthen new the truth? the amendments that have been backed the solvency of the Social Security trust funds. Mr. Chairman, the American people on the Republican side of the aisle. Now, with proposals from the other side of the should not buy a pig in a poke. Con- First, the Gephardt-Bonior amend- aisle to cut roughly $1.5 trillion over the next gress should not vote to tamper with ment allows tax increases to be ap- 7 years without raising taxes, the Social Secu- the Constitution when we are not told proved by a majority vote but does not rity trust funds are definitely in the crosshairs. of the specifics of what the con- make it difficult to raise taxes and it My Republican colleagues apparently look sequences will be. does not make it difficult to increase at a trust fund and only see the funds while If we do, and we do not support the the national debt. neglecting the importance of trust for the Bonior-Gephardt amendment, Social Second, the Gephardt-Bonior amend- American public. Let's not pull the rug out Security itself will be in jeopardy. Sen- ment, while claiming to protect Social from underneath the many millions who have ior citizens’ health care will be deci- Security, really does not do so. It says contributed to the trust funds for their future in- mated in the form of severe Medicaid that the Social Security trust fund, the come security. I urge a yes vote on this sub- and Medicare cuts. Veterans’ health disability and old-age and survivors stitute. care benefits will be curtailed. Our parts of it, are moved off-budget, but it Mr. SENSENBRENNER. Mr. Chair- young people will have their education keeps the Medicare portion on-budget, man, I yield back the balance of my curtailed. and part of that is financed by the So- time. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 753 The CHAIRMAN. The question is on Gekas Luther Sanford Amendment in the nature of a substitute the amendment in the nature of a sub- Geren Manzullo Sawyer offered by Mr. SCHAEFER: Strike all after the Gilchrest Martini Saxton enacting clause and insert the following: stitute offered by the gentleman from Gillmor Matsui Schaefer Proposing an amendment to the Constitu- Michigan [Mr. BONIOR]. Gilman McCrery Schiff Goodlatte McDade Seastrand tion to provide for a balanced budget for the RECORDED VOTE Goodling McDermott Sensenbrenner United States Government and for greater Mr. BONIOR. Mr. Chairman, I de- Gordon McHale Serrano accountability in the enactment of tax legis- mand a recorded vote. Goss McHugh Shadegg lation. Graham McInnis Shaw A recorded vote was ordered. Resolved by the Senate and House of Rep- Greenwood McIntosh Shays resentatives of the United States of America in Gunderson McKeon Shuster The vote was taken by electronic de- Congress assembled, That the following article vice, and there were—ayes 135, noes 296, Gutknecht Meehan Sisisky Hancock Metcalf Skaggs is proposed as an amendment to the Con- not voting 3, as follows: Hansen Meyers Skeen stitution of the United States, which shall be [Roll No. 48] Harman Mica Skelton valid to all intents and purposes as part of Hastert Miller (FL) Smith (MI) the Constitution when ratified by the legis- AYES—135 Hastings (WA) Minge Smith (NJ) latures of three-fourths of the several States Abercrombie Gonzalez Moran Hayes Moakley Smith (TX) within seven years after the date of its sub- Hayworth Molinari Smith (WA) Ackerman Green Murtha mission to the States for ratification: Barcia Gutierrez Nadler Hefley Mollohan Solomon Becerra Hall (OH) Neal Heineman Montgomery Souder ‘‘ARTICLE— Herger Moorhead Spence Beilenson Hall (TX) Neumann ‘‘SECTION 1. Total outlays for any fiscal Hilleary Morella Spratt Bevill Hamilton Obey year shall not exceed total receipts for that Bonior Hastings (FL) Olver Hobson Myers Stearns Hoekstra Myrick Stenholm fiscal year, unless three-fifths of the whole Borski Hefner Orton number of each House of Congress shall pro- Boucher Hilliard Owens Hoke Nethercutt Stockman Brown (CA) Hinchey Pallone Horn Ney Studds vide by law for a specific excess of outlays Brown (FL) Holden Pastor Hostettler Norwood Stump over receipts by a rollcall vote. Brown (OH) Jackson-Lee Payne (NJ) Houghton Nussle Talent ‘‘SECTION 2. The limit on the debt of the Bryant (TX) Jefferson Pelosi Hoyer Oberstar Tanner United States held by the public shall not be Hunter Ortiz Tate Chapman Johnson (SD) Pomeroy increased, unless three-fifths of the whole Clay Johnson, E. B. Rahall Hutchinson Oxley Tauzin Hyde Packard Taylor (MS) number of each House shall provide by law Clayton Johnston Reynolds for such an increase by a rollcall vote. Clyburn Kanjorski Richardson Inglis Parker Taylor (NC) Coleman Kaptur Rivers Istook Paxon Tejeda ‘‘SECTION 3. Prior to each fiscal year, the Collins (IL) Kennedy (RI) Roybal-Allard Jacobs Payne (VA) Thomas President shall transmit to the Congress a Collins (MI) Kennelly Sanders Johnson (CT) Peterson (FL) Thornberry proposed budget for the United States Gov- Conyers Kildee Scarborough Johnson, Sam Peterson (MN) Thornton ernment for that fiscal year in which total Jones Petri Tiahrt Costello Kleczka Schroeder outlays do not exceed total receipts. Coyne Klink Schumer Kasich Pickett Torkildsen Kelly Pombo Upton ‘‘SECTION 4. No bill to increase revenue de la Garza LaFalce Scott shall become law unless approved by a ma- DeLauro Lantos Slaughter Kennedy (MA) Porter Vento Dellums Levin Stark Kim Portman Visclosky jority of the whole number of each House by Dicks Lewis (GA) Stokes King Poshard Vucanovich a rollcall vote. Dingell Lipinski Stupak Kingston Pryce Waldholtz ‘‘SECTION 5. The Congress may waive the Dixon Lofgren Thompson Klug Quillen Walker provisions of this article for any fiscal year Knollenberg Quinn Walsh Doyle Lowey Thurman in which a declaration of war is in effect. Durbin Maloney Torres Kolbe Radanovich Wamp LaHood Ramstad Ward The provisions of this article may be waived Engel Manton Torricelli for any fiscal year in which the United Eshoo Markey Towns Largent Rangel Watts (OK) Evans Martinez Traficant Latham Reed Waxman States is engaged in military conflict which Farr Mascara Tucker LaTourette Regula Weldon (FL) causes an imminent and serious military Fattah McCarthy Velazquez Laughlin Riggs Weldon (PA) threat to national security and is so declared Fazio McCollum Volkmer Lazio Roberts Weller by a joint resolution, adoptedy by a majority Flake McKinney Waters Leach Roemer White Lewis (CA) Rogers Wicker of the whole number of each House, which Ford McNulty Watt (NC) becomes law. Frank (MA) Meek Whitfield Lewis (KY) Rohrabacher Williams ‘‘SECTION 6. The Congress shall enforce and Frost Menendez Wilson Lightfoot Ros-Lehtinen Wolf Furse Mfume Wise Lincoln Rose Wyden implement this article by appropriate legis- Gejdenson Miller (CA) Woolsey Linder Roth Young (AK) lation, which may rely on estimates of out- Gephardt Mineta Wynn Livingston Roukema Young (FL) lays and receipts. LoBiondo Royce Zeliff Gibbons Mink Yates ‘‘SECTION 7. Total receipts shall include all Longley Sabo Zimmer Lucas Salmon receipts of the United States Government ex- NOES—296 cept those derived from borrowing. Total Allard Burr Deutsch NOT VOTING—3 outlays shall include all outlays of the Unit- Andrews Burton Diaz-Balart Bishop Fields (LA) Rush ed States Government except for those for Archer Buyer Dickey repayment of debt principal. Armey Callahan Doggett Bachus Calvert Dooley b 1801 ‘‘SECTION 8. This article shall take effect Baesler Camp Doolittle beginning with fiscal year 2002 or with the Baker (CA) Canady Dornan Messrs. LUTHER, MCDERMOTT, second fiscal year beginning after its ratifi- Baker (LA) Cardin Dreier MOAKLEY, CRAMER, and BROWDER cation, whichever is later.’’. Baldacci Castle Duncan changed their vote from ‘‘aye’’ to ‘‘no.’’ The CHAIRMAN. Pursuant to the Ballenger Chabot Dunn Mr. KLINK changed his vote from Barr Chambliss Edwards rule, the gentleman from Colorado [Mr. Barrett (NE) Chenoweth Ehlers ‘‘no’’ to ‘‘aye.’’ SCHAEFER] will be recognized for 30 Barrett (WI) Christensen Ehrlich So the amendment in the nature of a minutes, and a Member opposed will be Bartlett Chrysler Emerson substitute was rejected. Barton Clement English recognized for 30 minutes. Bass Clinger Ensign The result of the vote was announced The Chair recognizes the gentleman Bateman Coble Everett as above recorded. from Colorado [Mr. SCHAEFER]. Bentsen Coburn Ewing The CHAIRMAN. It is now in order to Mr. SCHAEFER. Mr. Chairman, I Bereuter Collins (GA) Fawell consider an amendment to be offered Berman Combest Fields (TX) yield 15 minutes of my time to the gen- Bilbray Condit Filner by the gentleman from Colorado [Mr. tleman from Texas [Mr. STENHOLM], Bilirakis Cooley Flanagan SCHAEFER]. and I ask unanimous consent that the Bliley Cox Foglietta Blute Cramer Foley AMENDMENT IN THE NATURE OF A SUBSTITUTE gentleman from Texas [Mr. STENHOLM] Boehlert Crane Forbes OFFERED BY MR. SCHAEFER be allowed to yield that time. Boehner Crapo Fowler Mr. SCHAEFER. Mr. Chairman, I The CHAIRMAN. Is there objection Bonilla Cremeans Fox Bono Cubin Franks (CT) offer an amendment in the nature of a to the request of the gentleman for Brewster Cunningham Franks (NJ) substitute made in order by the rule. Colorado? Browder Danner Frelinghuysen The CHAIRMAN. The Clerk will des- There was no objection. Brownback Davis Frisa ignate the amendment. The CHAIRMAN. Will the gentleman Bryant (TN) Deal Funderburk Bunn DeFazio Gallegly The text of the amendment in the na- from North Carolina [Mr. WATT] be the Bunning DeLay Ganske ture of a substitute is as follows: Member in opposition? H 754 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Mr. WATT of North Carolina. That is to enact counter-cyclical measures. This A. To a certain extent, the provisions of correct, Mr. Chairman. amendment will not go into effect until, at H.J. Res. 28 / S.J. Res. 1 are self-enforcing or The CHAIRMAN. The Chair recog- the earliest, two years after ratification. interactively enforcing. Effective enforce- nizes the gentleman from Colorado Once passed through both houses, we would ment and orderly implementation certainly hope that Congress would recognize the im- [Mr. SCHAEFER]. are expected in the form of enabling legisla- pending deadline and act to meet that date tion; Members such as the former Chairman Mr. SCHAEFER. Mr. Chairman, I by which the budget must be balanced. By yield myself 1 minute. of the Budget Committee have served notice allowing a multi-year phase in, we believe most effectively in that regard. Beyond that, Mr. Chairman, Congress stands on any such ‘‘drastic’’ economic effects would enforcement either is implied by the rami- the brink of passing one of the most be diminished, if not erased. This amendment has the flexibility to address economic fications of stalemate or inaction or, to a significant pieces of legislation since it very limited degree, could be obtained in the emergencies through the 3⁄5 release vote on proposed the Bill of Rights more than courts. 200 years ago, the balanced budget balancing the budget. This allows Congress and the President to act in response to cir- The Constitution requires Congress and amendment to the Constitution. cumstances such as a recession or some the President to take the necessary steps to This morning I was disappointed the other emergency, while insuring that such a carry out Constitutional mandates. Congress tax-limitation version of this amend- decision is made in a fiscally responsible is empowered to make all laws that are ‘‘nec- ment failed to win the necessary votes. manner. essary and proper to execute the mandate of The American people deserve a bal- ECONOMIC CONSEQUENCES—BUDGET CUTS the constitution.’’ The President and Mem- anced budget amendment to the Con- Q. Wouldn’t adopting a BBA result in cut- bers of Congress take only one oath, promis- stitution. backs in services for the poor and needy, for ing to ‘‘preserve, protect and defend the con- Almost half of every income tax dol- senior citizens, for health and housing pro- stitution.’’ It is assumed that Congress and lar goes to net interest. If we count grams, and even possibly for defense pro- the President will monitor each other and to gross interest, it is 60 percent. In 1970, grams? the limits of their authority enforce the pro- net interest took only 15 percent. A. The BBA itself would do none of these visions of the amendment against the other. things. It would force the Executive and Leg- I have no hope that Congress can re- The public will also have a significant role. islative Branches to priorities within a bal- A breach of the amendments’ provisions verse the trend without a constitu- ance of receipts and outlays and force into would be readily apparent, and if a breach tional amendment to deal with the bal- the light of day what actual decisions and occurs a political firestorm very likely anced budget. trade-offs are necessary. If this does not re- would erupt from the public. Public account- Mr. Chairman, the following docu- sult in cutbacks of government programs, it ability is provided for in the provision that will ensure that we pay for all the governments explain the operation of the requires any vote to run a deficit to specify ment we want. Schaefer-Stenholm amendment in de- which outlays are ‘‘excess.’’ tail: Q. Since ‘‘the BBA itself would do none of these things,’’ isn’t it just a ‘‘political free Finally, as a last resort, the judicial QUESTIONS AND ANSWERS ABOUT THE BAL- lunch,’’ raising false hopes while diverting branch may act to insure that the Congress ANCED BUDGET CONSTITUTIONAL AMENDMENT attention from the real and difficult budget and President do not subvert the amend- CONSTITUTIONAL LANGUAGE—ECONOMIC POLICY decisions that need to be made? ment. A member of Congress or an appro- Q. Shouldn’t economic policy be kept out A. Far from that, H.J. Res 28/S.J. Res. 1 priate Administration official probably of the Constitution? would force Congress, the President, and the would have standing to file suit challenging A. Economics is politics and vice-versa. public to own up to the hard choices that legislation that subverted the amendment. Governance inescapably involves addressing need to be made. It is general because most questions of economics. Moreover, our Con- provisions in the Constitution, encompassing JUDICIAL REVIEW stitution is replete with economic policy. broad principles as they do, should be broad- Q. Wouldn’t H.J. Res. 28 / S.J. Res. 1 dan- For example, it refers to private property ly worded. But its result will be to make un- gerously and inappropriately transfer power rights; prescribes Congressional (and Execu- avoidable the asking of those questions some to the courts in a whole new area by opening tive) roles in federal fiscal activities such as in elective office have avoided: How much up to court challenge on Constitutional raising revenue, spending, and borrowing; government do we want? How willing are we grounds virtually every budgetary decision provides for uniform duties, imposts, and ex- to pay for it? Which programs should be pri- made by Congress (and the President)? cises; discusses the regulation of interstate orities? A. The courts could make only a limited commerce; discusses the coinage and value BUDGET GIMMICKS range of decisions on a limited number of is- of money; and deals with counterfeiting, pat- Q. Won’t constitutional requirement of a sues. They could invalidate and individual ents, and other economic issues. The test is ‘‘balanced budget’’ simply invite moving appropriation or tax Act. They could rule as not whether or not an amendment is eco- some items off-budget? to whether a given Act of Congress or action nomic policy, but whether it encompasses A. H.J. Res. 28/S.J. Res. 1 does not require by the Executive violated the requirements broad and fundamental principles, its rel- that a single document, a ‘‘budget,’’ be writ- evance is not transitory, and its importance of this amendment. Indeed, a limited role is ten in balance. Instead, it deals with actual appropriate: In the words of Marbury v. is far-reaching in scope and over time. The spending and taxing bills, and how actual need for a BBA and the proposal of H.J. Res. Madison, the judiciary has a fundamental ob- outlays conform to estimated receipts. Tak- ligation to ‘‘say what the law is.’’ 28/S.J. Res. 1 in response meet this test. ing any item ‘‘off-budget’’ would have abso- ENFORCEMENT AND IMPLEMENTATION—PHASE- But it would be inappropriate for the lutely no effect on the operation of H.J. Res. courts, and it would be inappropriate to call IN 28/S.J. Res. 1. upon the courts, to rewrite budget priorities Q. Of what use is a BBA in today’s atmos- Q. Wouldn’t the temptation remain great and fiscal law. Senate Reports 99–162 and 99– phere of impending fiscal crisis, if it won’t be to commit some other evasion, such as main force for several years? nipulating the definitions of terms used in 163 and the accompanying Senate debate A. (1) A BBA is a long-term proposition. It the BBA? once again provide much guidance, this time should be adopted because it is a valid re- A. Terms such as ‘‘outlays’’, ‘‘receipts,’’ as to how the ‘‘political question’’ doctrine sponse to a long-term and structurally inher- ‘‘debt held by the public’’, and ‘‘raising reve- of Baker v. Carr, 369 U.S. 186 (1962), the re- ent problem. (2) It’s long-term nature not nue’’ either already appear in the Constitu- quirements to a justiciable case or con- withstanding, even a BBA that is not in ef- tion or are commonly understood. In the troversy (see e.g., Aetna Life Insurance Co. fect for several years will prompt deficit-re- 99th Congress, Senate Reports 99–162 and 99– vs Haworth, 300 U.S. 227 (1937), and questions duction actions in anticipation of its being 163 and Senate floor debate on S.J. Res 225, of standing would prevent the floodgates of in place. Therefore, submission of the and in the 101st Congress, the House floor de- litigation from opening upon the process in amendment to the states would stimulate an bate, went to some lengths to establish a leg- place under a suitable BBA. For example, immediate response in federal fiscal behav- islative history for and preventing misinter- Riegle v. Federal Open Market Committee, 656 ior. pretation of these and other terms as used in F.2d 873 (DC Cir. 1981), ‘‘counsel[led] the ECONOMIC CONSEQUENCES—DIRE PREDICTIONS a BBA. This year the House Budget Commit- courts to refrain from hearing cases which Q. Why do so many economic analyses tee compiled a formidable amount of testi- represent the most obvious intrusion by the project devastating results under a BBA? mony on all sides. It also remains the appro- judiciary into the legislative arena: chal- A. Those that do generally assume either priate role of the Members engaged in floor lenges concerning congressional action or in- (1) that a balanced budget would be imposed debate this year to build similarly clear defi- action regarding legislation.’’ quickly or even immediately, with little or nitions. The traditional judicial doctrine of ‘‘stand- no transition, or (2) that the requirement for ENFORCEMENT AND IMPLEMENTATION— ing’’ requires that a plaintiff has a direct and balance will be adhered to without exception GENERAL specific, personal stake or injury. A ‘‘gener- and that Congress (and the President in his Q. Won’t the BBA be unenforceable in alized’’ or ‘‘undifferentiated’’ public griev- or her recommendations) will not exercise other ways, causing erosion of respect for ance, such as would suggest ‘‘taxpayer’’ its prerogatives under a flexible amendment other Constitutional provisions as well? January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 755 standing vis-a-vis macroeconomic policy de- A. If such a scenario occurred, Congress the case of H.J. Res. 28 / S.J. Res 1, a suffi- cisions, is not recognized. would have to pass a debt ceiling increase by cient structural bias exists for deficit spend- Most questions that will arise as to com- a three-fifth vote. The debt provision pro- ing and against accountability in tax deci- pliance or enforcement will either be re- vides a powerful incentive for truth-in-budg- sions that compensating super-majority pro- solved through enabling legislation or will eting. Any such mis-estimates will catch up tections are warranted. Moreover, it is note- arise during policy-making events that trig- rapidly with its authors within a year. A worthy that the super-majority levels in- ger the self-enforcing mechanisms in the transparent mis-estimate would be subject volved are reasonable and modest. BBA (i.e., 3/5 vote to pass an increase the to the very public process of budget-making. debt that results from a deficit in a given Congress and the President would avoid a ECONOMIC CONSEQUENCES—FLEXIBILITY year) or currently in place (i.e., threat of widely publicized ‘‘mistake’’ because of its Q. Shouldn’t the federal government have government shutdown if a legislative dead- political impact. the flexibility to enact counter-cyclical eco- lock persists). CONSTITUTIONAL LANGUAGE—DEBT LIMITATION nomic measures? A. Yes, and this flexibility is preserved in Finally, absolutely no role for the courts is Q. Why is H.J. Res. 28/S.J. Res. 1 as intro- H.J. Res. 28 / S.J. Res 1 by allowing Congress foreseen beyond that of making a determina- duced, different from previous BBA versions, to spend in excess of revenues if three-fifths tion as to whether an Act of Congress or an in that is requires a 3/5 vote to raise the of the members agree that deficit spending is Executive action is unconstitutional and a limit on Federal ‘‘debt held by the public,’’ court order not to execute such Act or ac- rather than the ‘‘public’’ or ‘‘gross’’ debt? warranted. What the amendment would do is tion. A purely restraining role is anticipated A. When the Social Security and other mitigate against the structural bias to spend for the courts and could be guaranteed by trust funds run surpluses, those surpluses are and borrow (and raise taxes somewhat in Congress in appropriate legislation specify- invested in U.S. Treasury securities, mean- preference to restraining spending) in good ing standing, jurisdiction, and remedies. ing they are borrowed by the U.S. Treasury times as well as bad. In restoring this level JUDICIAL REVIEW and the ‘‘public debt’’ (approximately the playing field, H.J. Res. 28 / S.J. Res 1 strikes a reasonable balance between requiring fis- Q. If the judiciary is involved, couldn’t a same as the ‘‘gross Federal debt’’) is in- cal responsibility and allowing flexibility. case drag on for years past the fiscal year in creased by that amount. Such borrowing is question, making every case moot? an intra-governmental transfer between ac- CONSTITUTIONAL LANGUAGE—BUDGETARY A. The courts have shown an ability and counts, and does NOT increase the ‘‘debt PERIOD held by the public.’’ Since the intent of the willingness to expedite their processes in an Q. Should the Constitution dictate such debt limit vote in the BBA is to enforce the emergency. Recent examples are the re- details as the budgetary period (fiscal year)? amendment and deter deficits, the ‘‘debt held apportionment cases involving Massachu- A. Some such reasonable parameters are by the public’’ is the closest currently-used setts and Montana that went all the way to necessary to provide for an enforceable and commonly-understood measure of in- the Supreme Court and were resolved in a amendment. Again, the authors are receptive debtedness that approximates the amount matter of months. Congress could further en- to perfecting changes, although it is impor- that indebtedness has been increased because sure expeditious handling, for example, giv- tant that whatever parameter is used is not of total deficit spending. In other words, H.J. ing the Supreme exclusive and original juris- susceptible to subterfuge (e.g., merely in- diction over cases arising under the BBA. Res. 290 was not meant to ‘‘punish’’ Congress by requiring a difficult 3/5 vote just because cluding a term like ‘‘fiscal period’’ to be de- ENFORCEMENT AND IMPLEMENTATION— trust funds are running a surplus. fined in statute). Senate Reports 99–162 and CONGRESS 99–163 suggested using ‘‘fiscal year,’’ but al- BUDGET ESTIMATES—REVENUES Q. What if Congress, ignoring the provi- lowed that a reasonable statutory re-defini- sions in H.J. Res. 28 / S.J. Res. 1, neverthe- Q. What if a law enacted in the good faith tion could include a biennial ‘‘year.’’ less passes appropriations in excess of reve- belief which is revenue-neutral turns out to ENFORCEMENT AND IMPLEMENTATION— nues? increase revenues? IMPOUNDMENT AUTHORITY A. The general charge that actual outlays A. As with other laws that may be chal- not exceed receipts creates a general obliga- lenged on Constitutional grounds, if it were Q. Doesn’t H.J. Res. 28/S.J. Res. 1 imply tion for Congress and the Executive to con- shown that Congress and the President acted that the President would have enhanced struct a statutory framework to enforce and in good faith and had a reasonable basis for powers to block spending based on a pretext implement the BBA, in advance of its effec- projecting revenue-neutrality, the law would of unconstitutionality? tive date. Indeed, such legislation would be not be struck down. What if a bill provides A. A frequent criticism of previous BBA essential in managing the budget down its for both increases and decreases in revenues? proposals has been that the President is not ‘‘glide path’’ to an eventual balance. The ul- H.J. Res. 28/S.J. Res. 1 refers to a ‘‘bill to brought into the budget process sufficiently timate form of such legislation could include raise revenue.’’ The clear intent is to look to to share the responsibility of governing and a revised Gramm-Rudman-Hollings type se- the overall revenue effect of a bill. the blame of impasse, although the President quester, an enhanced Pay-as-you-go mecha- ENFORCEMENT AND IMPLEMENTATION— can criticize the Congress that ‘‘holds the nism, or some process reforms. REVENUE INCREASES WITH SPENDING CUTS purse strings.’’ H.J. Res. 28/S.J. Res. 1 recog- The language of Section 1 also creates an Q. What effect would H.J. Res 28/S.J. Res. nizes the accepted role the President has ongoing obligation to monitor outlays and 1 have if in the process of building a ‘‘consen- played under statute since the 1920s, by re- receipts and make sure that outlays do not sus deficit-reduction bill,’’ revenue increases quiring the President to submit a balanced breech receipts. This does not envision any were combined with spending reductions? budget. The President must also share fiscal sort of discretionary ‘‘impoundment’’ power A. H.J. Res. 28/S.J. Res. 1 differs from some and political responsibility with Congress for on the part of the President or courts. How- previous BBAs in that it does not require a H.J. Res. 28/S.J. Res. 1’s joint receipts esti- ever, the Executive branch would be under ‘‘vote directed solely to that subject’’ in the mate. But beyond the role in that new joint an obligation to estimate whether outlays case of increasing revenues. Certainly, most estimate, H.J. Res. 28/S.J. Res. 1 does not will occur faster or at higher levels than ex- of the sponsors of H.J. Res. 28/S.J. Res. 1 broaden in any way the powers of the Presi- pected and to notify Congress promptly. If would not object to such language. However, dent. On the other hand, it does make the an offsetting rescission is not enacted or as currently written, H.J. Res. 28/S.J. Res. 1 President more accountable for how the other appropriate legislative action not simply would require the authors and man- budget process proceeds. taken, then the President would be bound, at agers of such a combination bill to make a SOCIAL SECURITY the point at which the government ‘‘runs out strategic decision as to whether they pre- Q. Why is H.J. Res. 28/S.J. Res. 1 as intro- of money,’’ to stop issuing checks (unless, of ferred to offer separate revenue and spend- duced, different from previous BBA versions, course such exigencies already have been ac- ing-cut bills or to subject the spending-cut in that it requires a 3/5 vote to raise the counted for in enforcement and implementa- provisions tied to the revenue-raising provi- limit on federal ‘‘debt held by the public’’, tion legislation in advance). sions in a single bill, with a need to pass by rather than the ‘‘public’’ or ‘‘gross’’ debt? The deterrent of a budgetary ‘‘train a majority of the whole membership. A. When the Social Security and other wreck’’ always exists to motivate respon- MAJORITY RULE trust funds run surpluses, those surpluses are sible budgeting: either the possibility of a Q. Couldn’t the various super-majority reinvested in U.S. Treasury securities, mean- government shutdown or of the need to quirements in H.J. Res. 28 / S.J. Res 1 ing they are borrowed by the U.S. Treasury round up 3/5 of both Houses to pass a debt in- thwart the wills of majorities in both Houses and the ‘‘public debt’’ (approximately the crease bill without any ‘‘blackmail amend- and the President? same as the ‘‘gross federal debt’’) is in- ments.’’ (For example, Gramm-Rudman-Hol- A. Yes. Such is also the case with Senate creased by that amount. Such borrowing is lings was a ‘‘blackmail amendment’’ at- filibusters, Gramm-Rudman-Hollings points an intra-governmental transfer between ac- tached to a debt ceiling bill in 1985, when 51 of order, and other procedures today. As is counts, and does NOT increase the ‘‘debt Senators refused to pass a ‘‘clean’’ bill.) the case with all super-majority require- held by the public.’’ Since the intent of the BUDGET ESTIMATES—‘‘OOPS’’ ments in the Constitution (or in law), the debt limit vote in the BBA is to enforce the Q. What is to prevent Congress and the purpose is to protect the immediate rights of amendment and deter deficits, the ‘‘debt held President from drastically over-estimating a significant minority, and arguably the by the public’’ is the closest currently-used revenues and then declaring, ‘‘oops,’’ when long-term rights of the people, against a and commonly-understood measure of in- outlays and receipts are unbalanced at the ‘‘tyranny of the majority,’’ a phase fre- debtedness that approximates the amount end of the fiscal year? quently invoked by the nation’s Founders. In that indebtedness has been increased because H 756 CONGRESSIONAL RECORD — HOUSE January 26, 1995 of total deficit spending. In other bership of each House needed to approve ex- Section 2. The limit on the debt of the United words, H.J. Res. 290 was not meant to penditures producing a deficit. Currently, States held by the public shall not be in- ‘‘punish’’ Congress by requiring a dif- this would mean 60 of the 100 Senators and creased unless three-fifths of the whole num- ficult 3/5 vote just because trust funds 261 of the 435 Representatives. ber of each House shall provide by law for The term ‘‘. . . whole number . . .’’ is de- such an increase by a rollcall vote are running a surplus. rived from, and intended to be consistent No section of this Article should be read in with, the use of the phrase in the 12th CLUBB—CONGRESSINAL LEADERS UNITED FOR isolation, especially Section 1. Section 2 pro- Amendment to the Constitution, ‘‘two-thirds A BALANCED BUDGET vides the essential mechanism which not of the whole number of Senators’’ (which is SECTION BY SECTION ANALYSIS OF THE BIPARTI- only enforces an honest budgeting process in set as the quorum necessary for the purpose SAN, BICAMERAL CONSENSUS BALANCED BUDG- pursuit of the general rule and principle of electing the Vice President in case no can- ET AMENDMENT TO THE CONSTITUTION, H.J. stated in Section 1, but also will operate to didate receives an Electoral College major- RES. 28/S.J. RES. 1 make the amendment self-enforcing. Section ity). 2 is the backup to prevent the use of gim- Section 1. total outlays for any fiscal year shall ‘‘. . . shall provide by law . . .’’ both states not exceed total receipts for that fiscal year, micks or other devices to circumvent the re- a simple consistency with other provisions of quirements of the amendment. unless three-fifths of the whole number of the Constitution and clarifies a difference each House of Congress shall provide by law This Section is inspired by the often- between the deficit spending provided for quoted desire expressed by Thomas Jeffer- for a specific excess of outlays over receipts by under this amendment and a deficit planned a rollcall vote son, in his November 26, 1798 letter to John for in a Congressional Budget Resolution. Taylor: This section sets forth the general rule of Article I, Section 7, Clause 3 of the Con- ‘‘I wish it were possible to obtain a single this Article, and the central principle to be stitution states: ‘‘Every Order, Resolution, amendment to our constitution. I would be observed and enforced, that the government or Vote to which the Concurrence of the Sen- willing to depend on that alone for the re- of the United States shall not live beyond ate and House of Representatives may be duction of the administration of our govern- the means provided for it by the true sov- necessary (except on a question of Adjourn- ment to the genuine principles of its con- ereign, the people. ment) shall be presented to the President of stitution; I mean an additional article, tak- Therefore, this section establishes, as a the United States’’ for signature or a veto. ing from the government the power of bor- norm of federal fiscal policy and process, Clearly, a vote by both Houses that results rowing.’’ that the government’s spending should not in deficit spending would be such a vote. The authors here have drawn from recent exceed its income. While popularly—indeed, However, an additional reason for adding experiences of the government and modern universally—referred to as requiring a ‘‘bal- this clarifying language is that such a vote economic theory to reach a compromise with anced budget’’, its mandate is both simpler might easily be confused with the deficit then-Vice President and later President Jef- and more comprehensive, requiring a balance that may be estimated in a budget resolu- ferson: Section 2 takes from the government (or surplus) of cash inflows relative to cash tion, which currently is not presented to the the power of borrowing, unless three-fifths of outflows. President. While budget resolutions are Con- the total membership of both Houses votes Any departure from the general rule in current Resolutions generally passed by both to approve a specific increase in the amount this section and its guiding principles should Houses, concurrence is not necessary, since that may be borrowed. be an extraordinary event, based on a com- budget resolutions actually fall under the Section 2 provides strong enforcement, in- pelling need. As is commonly the case with ‘‘Rules of its Proceedings’’ that ‘‘(e)ach deed, for the provisions of Section 1. When constitutionally established parameters for House may determine’’ under Article I, Sec- the government runs a deficit, that neces- the legislative process, no attempt is made tion 5, Clause 2. This is because budget reso- sitates additional borrowing to meet its obli- to enumerate all the circumstances that lutions merely set target amounts for subse- gations. Failure to authorize that level of might justify deficit spending; if a three- quent budget decisions made within each borrowing could, in a worst-case scenario, re- fifths supermajority of each House of Con- House. (The ultimate decisions requiring sult in a default by the government of the gress believes an emergency, crisis, or ur- concurrence, appropriations, other direct United States. Treasury securities might not gency exists (and if the President concurs), spending bills, or revenue bills, are presented be redeemed. Government services could be it does. This formulation makes the option to the President.) In fact, the House often threatened with a shutdown, subject to the of deficit spending both difficult to exercise has proceeded to act pursuant to a House- availability of receipts. yet available when a fairly strong national passed budget resolution in prior to and in Today, such a consequence is occasionally consensus exists. lieu of House-Senate agreement on a single threatened when an impasse within Congress Detailed Analysis resolution. or between Congress and the President jeop- ‘‘Total outlays’’ and ‘‘Total receipts’’ are Obviously, the 3⁄5 vote on permitting a defi- ardizes passage of essentially ministerial defined below in Section 7. cit under this amendment is not a deter- legislation raising the statutory limit on the ‘‘. . . fiscal year . . .’’ is intended as a term mination of an internal rule in either House, public debt by a simple majority. Under this defined in statute and having no other, spe- but has direct and immediate consequences amendment, the threat of default would cific, constitutional standing. It is a com- external to the rules of either House. There- loom when the government runs a deficit, monly understood term in both private and fore, the words ‘‘by law’’ state what nor- thus providing a powerful incentive for bal- public usage. While the definition of a fiscal mally would be obvious, but which might be ancing the budget. year could be changed from time to time, the confusing here, due to current budget resolu- The simple threat of default does not fully concept is sufficiently well understood that a tion procedures. explain the way Section 2 will operate to en- blatant attempt to contravene the intent of ‘‘. . . a specific excess of outlays over re- force the fiscal norm of balancing outlays the amendment would not be acceptable. ceipts . . .’’ means that the maximum and receipts. Because a debt-increase bill For example, creation of a ‘‘transition fis- amount of deficit spending to be allowed represents an admission of failure of enor- cal year’’ of 18 months to facilitate reforms must be clearly identified. Thus, enforce- mous magnitude, passage is always a dif- in the budget process clearly would be con- ment of the amendment through the politi- ficult matter. Any effort to circumvent the sistent with the amendment. On the other cal process will be facilitated by improving requirement of the amendment will be clear- hand, legislation purporting to implement elected officials’ accountability to the pub- ly exposed when the debt limit must be the amendment that promised to balance the lic. The specific excess which is provided for raised to cover any deficit spending. budget for the ‘‘fiscal year 1998–2008’’ (and, by law would not apply to outlays in more Under current law, Members of Congress presumably, with little or nothing in the than one fiscal year and may, in fact, apply not infrequently have rounded up 50% plus way of procedural discipline in the early por- to an excess that occurs over a shorter pe- one of the Members of one House to threaten tion of that ‘‘year’’), clearly would be uncon- riod, such as the remainder of a fiscal year to push the government to the brink of insol- stitutional. Certainly, a simple ‘‘rule of rea- when the law is enacted mid-year. vency unless a pet amendment is added to son’’ would be applied to any statutory defi- Ensuring such accountability is a corner- this must-pass legislation, despite consistent nition of a ‘‘fiscal year’’. stone of the Balanced Budget Amendment, efforts by the Administration and the Con- ‘‘. . . shall not . . .’’ is a term readily obvi- and restores the public’s general—and dif- gressional leadership of both parties in both ous in its intent, spirit, and application. It is fuse—interest in fiscal responsibility to an Houses to pass a ‘‘clean’’ debt bill. This mandatory language simply meaning you equal competitive footing with the special ‘‘debt bill blackmail’’, in fact, was the tactic may not. Saying that ‘‘Total outlays . . . interests who demand programmatic spend- used to enact the original Gramm-Rudman- shall not exceed total receipts’’ states both ing and tax preferences. Today, federal offi- Hollings law of 1985. the goal to be pursued and the yardstick by cials can reap the rewards of satisfying the By lowering the ‘‘blackmail threshold’’ as- which successful compliance with this incremental demands of special interests sociated with passage of the regular debt amendment is measured. It prohibits fiscal without ever having an individual decision limit bill from 50% plus one in either body to behavior intended or reasonably likely to identified as a decision that results in a defi- 40% plus one, Section 2 increases the motiva- produce a deficit within a fiscal year. cit. This informational imbalance is cor- tion of the Administration and the Leader- ‘‘. . . three-fifths of the whole number of rected by the mandate in Section 1 that defi- ship, including the Chairs of the relevant each House of Congress . . .’’ indicates the cit spending can not occur without a specific committees, to do whatever is necessary, minimum proportion (60%) of the total mem- identification of the amount. legislatively and cooperatively, even to the January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 757 point of balancing the budget, to avoid fac- Second, the purpose of this section is to mated, or assumed. This is true, as a matter ing such a difficult debt vote. motivate an avoidance of deficits. When the of definition, of all documents called ‘‘budg- It is in no way the intent of the authors Social Security or other federal trust funds ets,’’ public or private. Therefore, no quali- and supporters of this amendment that a de- run surpluses, this does not cause total out- fiers are added to this language in Section 3, fault or shutdown should happen. However, lays to exceed total receipts and the govern- such as ‘‘estimated receipts’’ or ‘‘rec- the threat of such consequences is analogous ment does not increase its borrowing from ommended outlays’’. To include such terms to the deterrence effect of fines or legal dam- non-government sources. Therefore, Con- would be redundant at best, and inadvert- ages in other situations. gress and the President should not be forced ently confusing or limiting at worst. Because borrowing, and increases in any to surmount the three-fifths vote hurdle on limits on cumulative borrowing, must be en- debt bills if they have not run a deficit and Section 4. No bill to increase revenue shall be- acted in law, Section 2 makes the amend- increased net federal borrowing. Section 2 come law unless approved by a majority of the ment effectively self-enforcing. Such legisla- matches the benchmark used in the enforce- whole number of each House by a rollcall vote tion usually involves large enough numbers ment process to the policy objectives de- The purpose of this section is to increase of dollars to be borrowed that extensions of sired. the accountability of Members of Congress authority to borrow generally are used up in ‘‘The limit on the debt . . . held by the when they consider legislation to increase a year or so. The current statutory limit on public . . . ‘‘obviously assumes the establish- revenue, in light of the amendment’s re- the public debt, enacted as a part of the ment of a new statutory limit on this meas- quirement to balance receipts and outlays. Budget Enforcement Act late in 1990 and al- ure of federal borrowing. This limit may be The increased pressure the amendment will lowing borrowing into 1993, is very much an established in addition to, or as a replace- create for fiscal discipline may increase exception in this regard; this lengthy term of ment for, the current statutory limit on the temptation to shield a certain amount of leg- borrowing, not quite three years, was made public debt. Article I, Section 8 of the Con- islative decison-making from public view. possible only by the status of the Act as an stitution simply says, ‘‘The Congress shall Tax bills have been known to pass, occasion- extraordinary, five-year plan. Virtually no have Power . . . To borrow Money on the ally, by voice vote. elected official can stand the political heat Credit of the United States. . . .’’ The exact The enhanced ‘‘tax accountability’’ (or, of supporting a huge, multi-year increase in process of carrying out this power is left up more precisely, accountability with regard the government’s level of indebtedness. This to the Congress to provide for by law. to passage of bills to increase federal reve- simple political dynamic will ensure that the When establishing a new statutory limit nue) provided by the unvarying requirement self-enforcement provided by Section 2 oc- on the debt held by the public (which will re- for a rollcall vote, is supplemented by the re- curs frequently enough to be effective. quire a three-fifths vote to increase), Con- quirement that such bill also shall not be- Finally, when three-fifths of both Houses gress may or may not wish to continue to set come law unless passed by a majority of the have ‘‘gutted up’’ and, under Section 1, voted by statute a limit on the public debt. The whole number of each House. explicitly for a specific excess of outlays, fact that a simple majority could continue The rollcall vote and voting requirements there is no intent in this amendment to to be required to pass such a public debt will serve to maintain a level playing field ‘‘punish’’ them by later forcing a second limit would not, in any way, create proce- between the public’s more general and dif- three-fifths vote on the debt limit. Both de- dural or legal conflicts. At times when a fuse interest in restraining the government’s cisions can be approved by the same, single, trust fund surplus necessitates an increase in appetite for revenues and the more focused three-fifths vote in the same legislation. the public debt, such action would become pressure that special interest groups can Detailed Analysis more ministerial and less difficult than currently is the case. Increases in both limits apply for individual spending programs. ‘‘. . . debt of the United States held by the certainly could be contained in the same bill Detailed Analysis public . . .’’ is a widely used and understood that is passed by a three-fifths vote. measurement tool. The Congressional Budg- ‘‘No bill * * * shall become law unless et Office’s January 1993 Economic and Budg- Section 3. Prior to each fiscal year, the Presi- * * *’’ is drafted in the negative to conform et Outlook: Fiscal years 1994–1998 book, in its dent shall transmit to the Congress a proposed to the style used in Article I of the Constitu- budget for the United States Government for Glossary, defines ‘‘Debt held by the public’’ tion, in phrases such as, ‘‘No Capitation, or that fiscal year in which total outlays do not simply as: ‘‘Debt issued by the federal gov- other direct, Tax shall be laid, unless in Pro- exceed total receipts ernment and held by nonfederal investors portion to the Census * * *’’ and ‘‘No Money (including the Federal Reserve System).’’ On In Section 3, the amendment extends to shall be drawn from the Treasury, but in page 58 of the same volume, CBO further ex- the President’s annual budget the same Consequence of Appropriations made by Law. plains, ‘‘Debt held by the public which rep- norm of fiscal balance expected of the Con- * * *’’ resents the government’s demand for credit, gress. The current statutory requirement ‘‘* * * revenue * * *’’ has the same mean- is the most useful measure of federal debt.’’ that the President submit a budget is codi- ing here as in Article I, Section 7, which The current, widely used and accepted mean- fied in the Constitution to ensure that the states, ‘‘All Bills for raising Revenue shall ing of ‘‘debt held by the public’’ is intended President remains engaged with Congress in originate in the House of Representatives; to be the controlling definition under this the budget process. Of course, this require- but the Senate may propose or concur with Article. ment of submission of a single document in Amendments as on other Bills.’’ The ‘‘debt held by the public’’ differs from no way alters the current constitutional bal- ‘‘* * * bill to increase revenue * * *’’ the gross federal debt in that the latter, ac- ance of powers or separation of responsibil- means legislation making policy changes in cording to CBO, ‘‘includes the securities ities. It also is perfectly consistent with the the government’s exercise of its sovereign (about $1 trillion and climbing) issued to current constitutional provisions that the power to tax or otherwise compel payments government trust funds.’’ The gross debt is President ‘‘shall . . . recommend to [Con- to the government. ‘‘Revenues’’ and ‘‘re- the ‘‘close cousin’’ (per CBO) of the ‘‘public gress’] Consideration such Measures as he ceipts’’ are largely synonymous, but not al- debt’’. shall judge necessary and expedient’’ (Arti- ways so, especially when being use prospec- The Congressional Research Service’s Man- cle II, Section 3). tively. Both are expressed in terms of quan- ual on the Federal Budget Process, December Detailed Analysis tities of dollars flowing into the Treasury. 24, 1991, in its glossary, defines ‘‘Public debt’’ ‘‘Prior to each fiscal year . . .’’ was re- However, ‘‘revenue’’ is more closely con- as: ‘‘Amounts borrowed by the Treasury De- tained in Section 3 because of the long-un- nected to the tax rates, tax base, Customs partment or the Federal Financing Bank derstood legislative principle that deadlines rates, or other policy criteria formulated to from the public or from another fund or ac- certain can be set, and in fact are commonly produce inflows of receipts. A ‘‘receipt’’ is a count. The public debt does not include agen- expected to be set, for specific actions by the more purely and more comprehensive quan- cy debt (amounts borrowed by other agencies Executive. Currently, the deadline for sub- titative concept. For example, a bill to step of the Federal Government). The total public mission of the President’s budget is set by up Internal Revenue Service enforcement of debt is subject to a statutory limit.’’ statute and occurs well in advance of the fis- current tax laws and enhance collection of A requirement of a three-fifths vote on the cal year for which it is written. Such statu- taxes currently going uncollected definitely ‘‘public debt’’ has been used in some previous tory provisions are, and will remain, consist- would result in increased receipts, but would formulations of the Balanced Budget Amend- ent with Section 3. not be ‘‘a bill to increase revenue,’’ and ment. The use, here, of ‘‘debt held by the ‘‘. . . a proposed budget .. .’’ means a doc- therefore, subject to the requirement of a public’’ is a refinement based on a 1990 rec- ument similar, in broad terms, to that which majority of the whole House for passage, ommendation by the Administration and is regularly submitted under current law. (‘‘Receipts’’ are further defined under Sec- subsequent review by the authors of the im- The amendment in no way restricts the dis- tion 7.) plications of using the different measures of cretion of Congress to enact changes in what ‘‘* * * majority of the whole number of debt. ‘‘Debt held by the public’’ has been is or is not required in such a budget, as long each House * * *’’ means, under current law, chosen for two reasons: as the document remains useful for the pur- never less than 218 votes among the 435 Mem- First, as pointed out by CBO, common poses of planning federal spending activities. bers of the House of Representatives and sense suggests that the most appropriate ‘‘. . . in which total outlays do not exceed never less than 51 votes in the Senate, which benchmark to use is the federal govern- total receipts.’’ Per se, a ‘‘budget’’ is a docu- numbers 100 Members. The ‘‘whole number of ment’s borrowing from all non-federal-gov- ment in which all relevant future numbers each House’’ is defined under Section 1, ernment sources. are planned, recommended, projected, esti- above. H 758 CONGRESSIONAL RECORD — HOUSE January 26, 1995 This language is not intended to preclude power to pre-empt state laws or constitu- finer details of questions of compliance with the Vice President, in his or her constitutions or was venturing impermissible beyond the amendment. tional capacity as President of the Senate, its constitutionally enumerated powers and Section 6 must not be interpreted in any from casting a tie-breaking vote that would into the rights reserved to the states or the way that would weaken or allow evasion of produce a 51–50 result. This is consistent people. any other provision of the amendment. Over with Article I, Section 3, Clause 4, which Here, no such question of pre-emption is the course of the fiscal year, outlays may states: ‘‘The Vice President of the United conceivable. Congress clearly has the power not exceed receipts. To the extent that any States shall be President of the Senate, but to enforce and implement this Article, under reasonable and lawful action can be taken to shall have no Vote, unless they be equally di- the ‘‘necessary and proper’’ clause in Article prevent an excess, it must be taken. On the vided.’’ Nothing in Section 4 of the sub- I, Section 8, which states: ‘‘The Congress other hand, for example, a brief dip in re- stitute takes away the Vice President’s right shall have Power . . . To make all Laws ceipts or jump in outlays need not trigger a to vote under such circumstances. The lan- which shall be necessary and proper for car- sequester, rescission, or other offsetting ac- guage requires (in today’s Senate of 100) 51 rying into Execution the foregoing Powers, tion if there it is reasonable to assume that votes to pass a revenue-increasing bill, not and all other Powers vested by this Constitu- such a ‘‘glitch’’ will be offset naturally in the votes of 51 Senators. Obviously, in a 51– tion in the Government of the United States, the near-term by normal economic or budg- 50 vote, 51 still constitutes a majority of the or in any Department or Officer thereof.’’ etary fluctuations. whole number of 100. Also obviously, while This section creates a positive obligation In order to allow for an unexpected short- the Vice President could turn a 49–49 tie into on the part of Congress to enact appropriate fall of receipts or an unexpected increase in implementation and enforcement legislation. a 50–49 result, this would not constitute a outlays without triggering a three-fifths As a practical matter, this language simply majority of the whole number. debt vote under Section 2, it would be nec- requires what is inevitable and predictable. Section 5. The Congress may waive the provi- essary that the actual debt held by the pub- It is a simple statement that, however well- sions of this article for any fiscal year in lic be held below the debt limit, by a suffi- designed, a constitutional amendment deal- which a declaration of war is in effect. The cient amount to offset the amount by which provisions of this article may be waived for ing with subject matter as complicated as the federal budget process needs to be sup- actual receipts or outlays may differ from any fiscal year in which the United States is estimated receipts or outlays. engaged in military conflict which causes an plemented with legislation. It is a means of owning up to the truth in the arguments It also should be noted that outlays are imminent and serious military threat to na- both more predictable and more controllable tional security and is so declared by a joint made by many Members of Congress—both supporters and opponents—that Members than receipts. Therefore, the handling of out- resolution, adopted by a majority of the whole lays necessarily must be held to a stricter number of each House, which becomes law must expect to do more than cast this one vote to pass this one amendment, to ensure standard than the treatment of receipts. To This section reaffirms the traditional pri- that deficits are brought down and, ulti- be more specific, of course, is difficult until ority presumptively attached to matters of mately, eliminated. the actual design of implementation and en- national self-defense. In such cases, espe- The inclusion of a positive obligation to forcement legislation emerges. In all cases, cially when the Congress and the President legislate does not make the Article more dif- the standard to be applied to the accuracy have taken an action as extraordinary as de- ficult to enforce, nor is it without prece- and adjustment of estimates is to be a rule of claring war, financing that effort should pro- dence in the Constitution. Article I, Section reason. ceed unimpeded by any requirement of addi- 2, Clause 3 provides: ‘‘Representatives and ditional, extraordinary votes. rect Taxes shall be apportioned among the History of the ‘‘Estimates of Outlays and Detailed Analysis several States . . . according to their respec- Receipts’’ Language in Section 6 The first sentence of Section 5, or a vir- tive Numbers, which shall be determined by Section 1 of H.J. Res. 290, as originally in- tually identical counterpart, has been a fix- .. . [an] actual Enumeration . . . made with- troduced in the 102nd Congress, and as it ture in almost every major version of the in three Years . . . and within every subse- came to the floor of the House of Representa- Balanced Budget Amendment over the years. quent Term of ten Years, in such Manner as tives in June 1992, read: Consistent with Article I, Section 7, Clause they shall by Law direct. . . .’’ The critic ‘‘Prior to each fiscal year, the Congress 3, such a simple majority vote to waive this who today asks, ‘‘What if Congress just and the President shall agree on an estimate Article would have to be presented to the doesn’t enact implementing and enforceing of total receipts for that fiscal year by en- President for his or her approval. legislation?’’ would be the counterpart of the actment of a law devoted solely to that sub- The second sentence recognizes that, for critic who might have asked in 1787, ‘‘What ject. Total outlays for that year shall not ex- most of the military conflicts in which the if Congress just doesn’t authorize or appro- ceed the level of estimated receipts set forth United States has engaged, there was not a priate for a Census, if, in their own self-in- in such law, unless three-fifths of the whole formal declaration of war. Nevertheless, a terest, they don’t want the current appor- number of each House of Congress shall pro- sufficient self-defense interest is present in tionment to be changed?’’ In this case, it vide, by a rollcall vote, for a specific excess such situations that a Section 1 manifestly would be in Congress’ own best of outlays over estimated receipts.’’ supermajority should not be required to fund interest to enact legislation ensuring a com- Section 1 of S.J. Res. 298, as introduced in such an engagement. Further definition of plete and clearly-defined budget process con- the 102nd Congress, was substantively the the criteria set forth for the ‘‘majority of the sistent with the Balanced Budget Amend- same, and read: whole number’’ waiver in Section 5 is not ment. ‘‘Prior to each fiscal year, an estimate of needed, since the Section requires simply ‘‘. . . which may rely on estimates of out- total receipts for that fiscal year shall be de- that the joint resolution required for the lays and receipts.’’ This phrase allows Con- termined by enactment of a law devoted waiver declare such conditions to be present. gress the flexibility in explicit language that solely to that subject. Total outlays for that Section 6. The Congress shall enforce and imple- it will need in practical effect, to make rea- year shall not exceed the level of estimated ment this article by appropriate legislation, sonable decisions and use reasonable esti- receipts set forth in such law, unless three- which may rely on estimates of outlays and mates, when appropriate, as a means of fifths of the whole number of each House of receipts achieving the normative result required in Congress shall provide, by a rollcall vote, for Section 1. To some extent, this phrase, too, a specific excess of outlays over estimated This section places a requirement on Con- states the obvious, that the process of budg- receipts.’’ gress to adopt of legislation necessary, ap- eting and taxing and spending inevitably in- Just prior to House consideration in 1992, propriate, and reasonable to enforce and im- volves relying on estimates. ‘‘Estimates’’ key House and Senate sponsors of H.J. Res. plement the Balanced Budget Amendment. means good faith, responsible, and reason- 290, S.J. Res. 18 (reported by the Committee There is no need—and arguably it would be a able estimates made with honest intent to on the Judiciary), S.J. Res. 298 negotiated a bad idea—explicitly to foreclose the possibil- implement Section 1 and not evade it. bicameral, bipartisan, consensus version of ity of judicial interpretation or enforcement. The estimates contemplated in Section 6 the Balanced Budget Amendment. That ver- However, this language further tilts pre- do not apply in any way to a determination sion was adopted on the House floor as a sub- sumptions of such responsibilities toward ex- of the amount of debt referenced in Section stitute for H.J. Res. 290, although the meas- tremely limited court involvement. This lan- 2, ‘‘Debt’’ there means actual, not estimated, ure narrowly fell short of the necessary two- guage also is intended to prevent the possi- debt. thirds majority on final passage. bility of an interpretation that could shift Section 1 provides the standard by against H.J. Res. 28 / S.J. Res 1 in the 104th Con- the current balance of power among the which compliance with the amendment is gress is virtually identical to the bicameral, branches in favor of the Executive. measured. Section 6 clarifies that implemen- bipartisan, consensus version negotiated in Detailed Analysis tation and enforcement legislation may pro- the summer of 1992. It is the same as H.J. ‘‘The Congress shall enforce and imple- vide for the use of reasonable and appro- Res. 103 voted on during the 103rd Congress, ment . . .’’ differs from clauses included in priate estimates in the process of complying and S.J. Res. 41 as voted out of the Judiciary several other amendments that state, ‘‘The with Section 1. Section 6 is intended to sup- Committee in 1994, except for an appropriate Congress shall have power to enforce. . . .’’ port, strengthen, and aid the effectiveness of adjustment in the effective date. Section 1 of This latter clause has been employed only the other provisions of the amendment. This H.J. Res. 28 / S.J. Res. 1 is virtually identical where there was concern that the question provision also will provide additional insur- to Section 1 of S.J. Res. 18 as reported in the could arise as to whether Congress had the ance against intrusion by the courts into the 102nd Congress. Section 6 was a new section January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 759 added in the bicameral, bipartisan, consen- ing checks, obligations may also be liq- to bear on every issue, and when we sus version offered as a substitute on the uidated (and outlays occur) by the maturing pass a provision that requires a House floor in 1992. of interest coupons in the case of some supermajority, what we do is we throw The ‘‘estimates’’ provision was included in bonds, or by the issuance of bonds or notes that balance out of kilter. We give Section 6 to allow the use of a single level of (or increases in the redemption value of total estimated receipts for a fiscal year, en- bonds outstanding). Outlays during a fiscal somebody a greater right to stop some- acted into law at the beginning of the budget year may be for payment of obligations in- thing from happening or, alternatively, process, as the fixed target amount which curred in prior years (prior year outlays) or we give somebody a greater right to outlays throughout the fiscal year may not in the same year. Outlays, therefore, flow in make something happen. exceed. In other words, Section 6 is intended part from unexpected balances of prior-year My theory to you, and I submit it to allow Congress to enact into law the proc- budget authority provided for the year in again, is that that is undemocratic, ess of measuring actual outlays against a which the money is spent. Total budget out- and it is counter to majority rule. We lays are stated net of offsetting collections, fixed receipts estimate in the same way that cannot hide behind this notion that was outlined in Section 1 of H.J. Res. 290 / and exclude outlays of off-budget Federal en- S.J. Res. 298 as introduced in the 102nd Con- tities. The terms expenditure and net dis- just because prior Congresses have not gress. Nothing in that version would have bursement are frequently used interchange- had the guts to exercise that majority prevented Congress from imposing a more ably with the term outlays. rule in a responsible way, somehow we stringent process of measuring actual out- The glossary defines ‘‘budget authority’’ ought to go back and amend the Con- lays against updated receipts estimates as: stitution that has been in effect for throughout the fiscal year. Section 6 of S.J. ‘‘Authority provided by law to enter into years and years and served this coun- obligations which will result in immediate Res. 1 / H.J. Res. 28 in the 104th Congress is try well. no more and no less restrictive in this re- or future outlays involving Federal Govern- ment funds, except that budget authority gard. b 1810 Section 7. Total receipts shall include all re- does not include authority to insure or guar- ceipts of the United States Government except antee the repayment of indebtedness in- We ought to amend the Constitution those derived from borrowing. Total outlays curred by another person or government. to gloss over our own faults, our own shall include all outlays of the United States The basic forms of budget authority are ap- lack of guts that Congresses have had Government except for those for repayment of propriations, authority to borrow, and con- in the past to balance our Nation’s debt principal tract authority. The latter two types of authority are also commonly referred to as budget. This section makes clear that, for purposes ‘backdoor authority’.’’ So my appeal to you today is to of computing a deficit, balance, or surplus ‘‘Expenditures’’, in fact, also appears in honor my constituents, the approxi- under this amendment, there is no such Article I, Section 9, Clause 7, as quoted mately 600,000 citizens in North Caro- thing as ‘‘off-budget’’ receipts or outlays. By above, and is used there in symmetry with lina whom I represent. Honor the gen- requiring all cash inflows and outflows to be ‘‘Receipts’’. ‘‘Outlays’’ is used in this Sec- tleman from Texas, Mr. STENHOLM’s counted, the most commonly anticipated tion because of that word’s overwhelmingly loopholes are prevented from ever being cre- constituents, the approximately 600,000 prevalent use in recent and current budget residents whom he represents. Honor ated. Simple refinancing of outstanding debt terminology. at the same net cost of borrowing would not the gentleman from Colorado, Mr. Section 8. This article shall take effect begin- be affected in the normal course of business ning with fiscal year 2002 or with the second SCHAEFER’s constituents, the approxi- and, of course, borrowing is not considered a fiscal year beginning after its ratification, mately 600,000 citizens that he rep- receipt, but rather is recognized as only the whichever is later resents. Honor each and every one of us means of financing deficit spending. on an equal basis. That is what democ- As currently used and reported, both ‘‘re- By passing this amendment and sending it ceipts’’ and ‘‘outlays’’ are well-understood, to the states for ratification, the Congress racy is all about. And that is what this inclusive concepts used with consistency in intends to bind itself, in mutual cooperation amendment, this substitute, is all the budgetary process. with the President, to adopt an orderly defi- about. cit reduction plan that will bring the budget Detailed Analysis If you pass this substitute, you will into compliance with this amendment no ‘‘. . . receipts . . .’’ is to be interpreted be making a decision to alter that deli- later than fiscal year 2002. cate majority rule balance that has ex- consistently with the use of ‘‘Receipts’’ in Adopting an effective date of no earlier Article I, Section 9, Clause 7, which provides, than 2002 provides time for a reasonable glide isted for so long in our democracy. I in part, that ‘‘a regular Statement and Ac- path to a balanced budget while setting a call on you and plead with you not to count of the Receipts and Expenditures of all deadline imminent enough to stimulate ac- do that. public Money shall be published from time to tion. Mr. Chairman, I reserve the balance time.’’ Mr. Chairman, I reserve the balance of my time. The definition of ‘‘budget receipts’’ in A of my time. Mr. STENHOLM. Mr. Chairman, I Glossary of Terms Used in the Budget Proc- ess (1981), as quoted in S. Rept. 99–162 and S. The CHAIRMAN. The Chair recog- yield myself 1 minute. Rept. 99–163 (committee reports on S.J. Res. nizes the gentleman from North Caro- Mr. Chairman, in a few short mo- 13 and 225, respectively) still applies: lina [Mr. WATT]. ments we will cast one of the most im- Collections from the public (based on the Mr. WATT of North Carolina. Mr. portant votes that any of us will have Government’s exercise of its sovereign pow- Chairman, I yield myself such time as ever cast or will cast in this body. This ers) and from payments by participants in I may consume. is the culmination of 10 years of delib- certain voluntary Federal social insurance Mr. Chairman and Members, the es- eration on the part of so many. It is programs. These collections, also called gov- sence of this vote really gets down to a not something we have come to in the ernmental receipts, consist primarily of tax receipts but may also come from court fines, constitutional issue. Under the Sten- last 2 days. certain licenses, and deposits of earnings by holm-Schaefer or Schaefer-Stenholm I thank my colleague from Colorado, the Federal Reserve System. Gifts and con- substitute, a three-fifths vote would be Mr. SCHAEFER, for his leadership this tributions (as distinguished from payments required to unbalance the budget; a year, Mr. KENNEDY, Mr. CASTLE, Mr. for services or cost-sharing deposits by State three-fifths vote would be required to PAYNE, and Mr. DEAL of Georgia have and local governments) are also counted as increase the debt limit. worked with us tirelessly, who have budget receipts. Budget receipts are com- I have risen on several occasions brought this amendment to this mo- pared with total outlays in calculating the throughout the course of this debate in ment. budget surplus or deficit. Excluding from budget receipts are offsetting receipts which committee and on the floor of this I also wish to thank those who have are counted as deductions from budget au- House and pleaded with my colleagues come before us: LARRY CRAIG, now Sen- thority and outlays rather than as budget re- to honor the theory of majority rule in ator CRAIG, Tom Carper, now Governor ceipts. this country. The whole essence of de- Carper, Bob Smith, now retired out in ‘‘. . . outlays . . .’’ means all disburse- mocracy is based on majority rule. Oregon, OLYMPIA SNOWE, now Senator ments from the U.S. Treasury, directly or in- We come here from every single part SNOWE. directly through federal or quasi-federal of this Nation, 435 of us. We look dif- I want to commend my colleagues agencies created or under the authority of ferent. We talk different. We act dif- from the other side, particularly Mr. Acts of Congress. The Glossary (as cited above) defines ‘‘outlays’’ as follows: ferent. We represent different constitu- BARTON, for the manner in which he Obligations are generally liquidated when encies, and the essence of this congres- has conducted himself. We have had checks are issued or cash disbursed. Such sional body is that we ought to bring disagreements, as we have had on other payments are called outlays. In lieu of issu- our collective constituencies’ opinions amendments, but it has been one of the H 760 CONGRESSIONAL RECORD — HOUSE January 26, 1995 finest hours of debate, in my opinion, viduals who worked on this particular way. It does not go far enough. So we and for that I thank him, Mr. HYDE, issue, and I rise in very, very strong have a bad bill and a bad amendment. and the entire Republican leadership support of this legislation. Box an American in, paint an Amer- for the manner in which this debate The action we take in the next hour ican into a corner, do an American in, has been allowed to progress. will end decades of irresponsible budget this is exactly what this bill does. It Mr. WATT of North Carolina. Mr. practices. Government will shrink, new sends forth a three-fifths’ majority to Chairman, I yield 2 minutes to the gen- programs will be created because of pass an unbalanced budget and a three- tleman from New York [Mr. ENGEL]. need, not because of political favor- fifths’ majority to tax; this is defi- Mr. ENGEL. I thank the gentleman itism; old programs can only survive if nitely unAmerican and definitely unfor yielding this time to me. they are meritable. Only necessary em- constitutional. The fathers of our Con- Mr. Chairman, well, here they go ployees will be hired in the future. Pri- stitution would definitely say ‘‘no’’ to again. The same people who brought us vatization of government functions this. A good political decision, that is Reaganomics, with its huge budget will be a viable option, and so on. exactly what it is; but it is a bad fiscal deficits, are now bringing us a balanced This has worked in our States. Every solution, and each one of us ought to budget amendment. They tell us that if single Republican and Democrat in this recognize that. we only pass the balanced budget room comes from a State which has Why handcuff, why put handcuffs on amendment, everything will be won- some form of a balanced budget. Most the future Congresses in America? Why derful. It reminds me of a song, Mr. have been adopted in recent decades, make them do something that we could Chairman, during the Depression. Do and virtually every single one of them not do with a simple majority in most you remember this song? ‘‘In the mean- has been supported by everybody there cases? time, in between time, ain’t we got without rescission, and the program b 1820 fun? The rich get richer and the poor has worked extraordinarily well wher- get poorer; ain’t we got fun.’’ ever it is. We are going to make America more Let me tell you, this balanced budget I can give you the example of my responsible, so we think, with this amendment, if it becomes law, the rich State of Delaware. In the late 1970’s amendment. But what we are doing is will be richer and the poor will be poor- Delaware was a State which was an making it more difficult for justice to er, and we will see senior citizens with- prevail, more difficult for Congress to economic basket case. We had some of out Social Security, senior citizens legislate, more difficult for Congress to the highest taxes in the United States without health care, severe cuts in operate. of America, we never balanced our Medicaid and Medicare, our children This is not our future. This is not budget, businesses were leaving. We will not have proper education because what we should be doing. We should be had to take measures to deal with this. there will not be the money to do it. As setting the stage for leadership in the One of the things we did was pass a bal- I said before today and yesterday, let 21st century. I submit we have not done anced budget amendment. us tell the American people the truth. it with this bill nor this amendment. Since that time we have balanced our Let us produce a balanced budget and Mr. STENHOLM. Mr. Chairman, I budget each and every year, we have show the American people exactly yield 3 minutes to the gentleman from been able to reduce our taxes some 5 what will be cut. Maryland [Mr. HOYER]. I do not think we ought to tamper times. We have created as many jobs Mr. HOYER. Mr. Chairman, I thank on a per capita basis as any place else with the Constitution for a balanced the gentleman from Texas [Mr. STEN- in the United States of America. We re- budget amendment to do the same HOLM] for yielding this time to me, things we do not have the guts to do duced poverty more than any other and, Mr. Chairman, I rise in support of ourselves. State during that period of time. the Stenholm-Schaefer balanced budg- The Constitution is a very sacred Was any of this easy even after we et amendment. document. As the gentleman from adopted a balanced budget amend- I do so because I believe this country North Carolina [Mr. WATT] said, the ment? The answer to that is ‘‘no.’’ It confronts a critical threat caused by majority ought to rule. We do not need will involve very tough decisions. the continuation of large annual defi- three-fifths. A simple majority ought There will be times when we cannot cits. The decade of the 1980’s will clear- to rule. That is what the American hire employees. We may need an early ly go down in history as a decade of fis- people sent us here for, to exercise our retirement option. We may be looking cal irresponsibility, led, I believe, by independent judgment, majority rules. at programs which we embrace, which Ronald Reagan and joined in by both For the first time since the Harry we feel work in our State, but we have Democrats and Republicans, liberals Truman administration, 3 years in a to make the decision to reduce them and conservatives, Americans both in row we have brought the budget deficit because the time has come, frankly, to and out of government. down in the Congress. There is much, spend the taxpayers’ money wisely. If Like so many of my friends, I do not much more to do, and we should do it, we do not pass a balanced budget believe that the passing of this amend- but let me tell you, my friends; Going amendment, we could go on the way we ment will in and of itself balance the back to the 1920’s, ‘‘Ain’t we got fun,’’ have for many decades in this country. budget, and, as so many argue, I do be- is not such fun. Some people here We could make the easy choice, we lieve it will have real consequences. would like to stop Social Security, could spend a little more money, and However I am absolutely convinced would like to stop government pro- not look anybody in the eye and say, that the long term consequences of re- grams, would like every American to ‘‘Well, your program is not going to fusing to come to grips with the neces- fend for himself or herself. continue.’’ We can do that each time, sity to balance our budget will be cata- ‘‘Ain’t we got fun?’’ The rich get and if we do that, then we will have strophic. It will take our collective richer and the poor get poorer; seniors failed the people. backbones to make what will be a do not have Social Security or health Let us get behind this and pass this statement of national policy a reality. care; our children cannot be educated. balanced budget amendment. I am equally convinced that those We should defeat this balanced budg- Mr. WATT of North Carolina. Mr. who will pay the highest price for our et substitute. Chairman, I yield 2 minutes to the gen- fiscal irresponsibility, should we fail, Mr. SCHAEFER. Mr. Chairman, I tleman from Alabama [Mr. HILLIARD]. will be those least able to protect yield 2 minutes to my good friend, the Mr. HILLIARD. I thank the gen- themselves, and the children of today gentleman from Delaware [Mr. CAS- tleman for yielding this time to me. and the generations of tomorrow. TLE], who has been very, very active on Mr. Chairman, this is a bad bill; this Thomas Jefferson, one of our Found- this matter. is a bad amendment. The fact that the ing Fathers, said, and I quote, ‘‘I place Mr. CASTLE. I thank the gentleman amendment calls for elimination of the economy among the first and most im- for yielding this time to me and for his three-fifths vote for taxes shows that it portant of republic virtues and public tremendous work in support of the bal- is a belief by some in this body that debt as the greatest of dangers to be anced budget amendment. I thank Mr. the bill goes too far. Unfortunately, feared.’’ Jefferson, along with our STENHOLM, I thank all the other indi- the amendment goes only part of the Founding Fathers like Madison and January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 761 Hamilton, agreed that the rights of the economic growth legislation, the Democratic that the seniors pay for. We should not minority must be protected against the Congress in August 1993, without a single Re- ask seniors to do what we are not pre- tyranny of the majority. Why Jefferson publican vote, approved a deficit reduction pared to do. We should not ask seniors saw public debt as the greatest danger program that has worked. Since the enact- to cut their Social Security checks be- to be feared was because he realized ment of the 1993 Budget Reconciliation Act, cause we cannot cut our programs, that future generations were even more nearly 6 million jobs have been created, the other programs. We cannot ask them vulnerable to abuse than the minori- deficit has been cut by $135 billion and will to do the things that we will not do. ties of the present because they are not decline for 3 consecutive years, a first since So, I am going to oppose this bal- yet enfranchised. As someone who suf- President Truman. Unlike the Republicans, anced budget amendment although I fered under a system of government who have refused to specify where their budg- must congratulate my Democrat col- that enforced taxation without rep- et cuts would come from, the 1993 Clinton leagues who have put forward a bal- resentation, Jefferson saw public debt budget legislation reduced spending in specific anced budget amendment. I just want as the ultimate intergenerational ex- entitlement programs, froze discretionary to support one like the amendment of- pression of that tyranny and one which spending for 5 years without increases for in- fered by the gentleman from West Vir- should be avoided and rejected. flation, and asked the wealthiest 1.2 percent of ginia [Mr. WISE] which also protected The General Accounting Office said, American families to contribute their fair share seniors, so I am going to oppose this re- my colleagues, in their 1992 report on in tax payments. spectfully, Mr. Chairman. the budget that inaction is not a sus- Furthermore, appropriations bills enacted by Mr. SCHAEFER. Mr. Chairman, I tainable policy. We need to act, and in the Democrats in the 103d Congress for the yield 1 minute to the gentlewoman acting we will give the greatest gift to current fiscal year cut spending on 408 Fed- from New Jersey [Mrs. ROUKEMA]. our children and grandchildren that we eral programs, 40 programs were eliminated (Mrs. ROUKEMA asked and was could ever give, the security of know- entirely, and kept total spending under the def- given permission to revise and extend ing that they have the ability and the icit reduction spending caps. Total savings her remarks.) resources to face whatever problems from these terminations and reductions Mrs. ROUKEMA. Mr. Chairman, I may confront them. I say, ‘‘What a amount to more than $25 billion. must react to the previous speaker and wonderful gift for them, my grandchild Mr. Chairman, let us not return to the failed say there is nothing, absolutely noth- and perhaps yours.’’ policies of the past. We must focus attention ing in this amendment, that will cut Let us pass this balanced budget on the future and our Nation's most valuable benefits for seniors. But I do rise in amendment to bring fiscal responsibil- resourceÐour children. As we work to strong support of this Schaefer-Sten- ity to this body and to this country. produce a Federal budget that reflects our Na- holm amendment and substitute. I am Mr. WATT of North Carolina. Mr. tion's priorities, Congress must ensure that we a cosponsor of it, and I certainly will Chairman, I yield such time as he may protect children, the most vulnerable members vote for it, but I am not a new convert consume to the gentleman from Min- of society. I fear, however, that the enactment to the Schaefer-Stenholm approach. I nesota [Mr. OBERSTAR]. of a balanced budget amendment and the Re- have supported it several times before (Mr. OBERSTAR asked and was given publican contract will dramatically reduce our as it has come before this House, and I permission to revise and extend his re- ability to assist, nurture, educate, feed, and must tell my colleagues that this marks.) heal the needy children of our country. I com- amendment will stand the test of time, Mr. OBERSTAR. Mr. Chairman, I rise mend, for my colleagues' attention, the esti- as a constitutional amendment must in opposition to the resolution pending. mates from the Children's Defense Fund on do. As the debate unfolds on the balanced the severe attacks that would be visited upon I also want to say that we can no budget amendment (H.J. Res. 1), I take this the children in Minnesota, should the Repub- longer defer action on this. It is an idea moment to underscore the numerous and very lican agenda be enacted. According to CDF whose time has definitely come, and it significant cuts in essential Federal programs analysis, which has proven to be very reliable sets everybody on notice that we will for children that would be required under a in the past, the following impacts on Min- stop mortgaging the future. balanced budget amendment to the U.S. Con- nesota's children include: 29,150 babies, pre- The House must pass this amend- stitution. Budget estimates prepared by the schoolers, and pregnant women would lose in- ment tonight with the required 290 Children's Defense Fund demonstrate that se- fant formula and other WIC nutrition supple- votes. Now it must be passed. No more vere reductions in WIC, Head Start, Medicaid, ments; 51,550 children would lose food delays. No more excuses. and additional programs would be necessary stamps; 154,600 children would lose free or We must stop mortgaging the future of our to implement the Republican contract initia- subsidized School Lunch Program lunches; children and grandchildrenÐnow. We must tives of a balanced budget amendment com- 93,250 children would lose Medicaid health get our fiscal house in order so that this gen- bined with tax cuts for the wealthy. coverage; 59,650 cases now served by the eration of Americans and the next can con- It is important to remember that our votes State child support agency would lose help to fidently look forward to a future of good jobs today will dramatically affect the lives of our establish paternity or collect child support; at good pay, and a rightful place in a growing Nation's children. There is no disagreement 37,750 children would lose welfare benefitsÐ and economically secure middle class. that Congress must reduce spending to bring Aid to Families with Dependent Children; Frankly, we have less of a need for a bal- the Federal Government budget into balance. 2,450 blind and disabled children would lose anced budget amendment than we do for po- There is also no disagreement that the mount- Supplemental Security Income [SSI]; 3,900 or litical courage to make the hard choices nec- ing payments of interest on the national debt more children would lose the Federal child essary to cut spending and reduce our Fed- are stealing precious resources from important care subsidies that enable parents to work or eral deficit. domestic programs. get education and training; 2,550 children However, that political courage has been in There are, however, essential differences would lose Head Start early childhood serv- short supply around here for the last few dec- between Democrats and Republicans as we ices; 28,000 children in child care and Head ades and I have come to the conclusion that address our Nation's budget priorities. While Start would lose Child and Adult Care Food this amendment is an idea whose time has Republicans proclaim their support for senior Program meals; and 24,600 children would come. citizens and the Social Security Program and lose remedial education through title I. This amendment will stand the test of claim that they favor investments for children, Mr. WATT of North Carolina. Mr. timeÐas a constitutional amendment must do. it is clear that these statements and the eco- Chairman, I yield 1 minute to the gen- You do not fool around with Mother Nature. nomic policies of the Republicans are fun- tlewoman from Oregon [Ms. FURSE]. And you do not fool around with the Constitu- damentally irreconcilable. As our country pain- Ms. FURSE. Mr. Chairman, when I tion. fully learned from the failed policies and high first came to this House just 2 years This proposal has the virtue of most nearly deficit years of Presidents Reagan and Bush, ago, I did not support a balanced budg- tracking the Republican proposal in the Sen- Republican programs to cut taxes for the et amendment. I thought we could do ate. Namely, it does not contain the three- wealthy, increase military spending, and bal- the cutting we needed to do because we fifths supermajority provision for raising taxes. ance the budget are a recipe for economic were tough and because we were strong It does contain the protection of absolute ma- and social disaster. enough, but I have come to the conclu- jorities and the 60 percent rule for raising the Responding to President Clinton's call to sion that we do need a balanced budget debt ceiling or unbalancing the budget. I would enact comprehensive deficit reduction and amendment, but we do not need one prefer to include a provision, supported by H 762 CONGRESSIONAL RECORD — HOUSE January 26, 1995 economists and businesspeople, to suspend amendment is talking about extending Mr. WATT of North Carolina. Mr. the amendment during a persistent recession. credit, unfunded mandates, if you will, Chairman, I yield 3 minutes to the gen- I would expect that as we reconcile our extending credit to Mexico, at a time tleman from Ohio [Mr. TRAFICANT]. amendment with the Senate proposal that the when we are unwilling to extend it to (Mr. TRAFICANT asked and was problem of procedures in times of persistent ourselves when we think it necessary. given permission to revise and extend recession would be addressed and the flexibil- I think it is passing strange that his remarks.) ity be given to address the need for economic some of us who will be voting for this Mr. TRAFICANT. Mr. Chairman, I stimulus during recessionary periods. amendment tonight have voted to ex- think the sponsors of this amendment Again, no more excusesÐno more delaysÐ tend credit, extend funding, to States are great Members. I just do not agree no more mortgaging the future. where disasters have taken place. This with the process of what we are doing Mr. WATT of North Carolina. Mr. Chairman, is the kind of thing we will find ourself here, and I am going to oppose it. The I yield 3 minutes to the gentleman from Hawaii in great difficulty with it. Constitution says ‘‘Congress, balance [Mr. ABERCROMBIE]. Mr. STENHOLM. Mr. Chairman, I the budget.’’ The Congress says ‘‘Hey, Mr. ABERCROMBIE. Mr. Chairman, yield 2 minutes to the gentleman from wait a minute, don’t lay that trip on the Speaker of the House has admon- Virginia [Mr. PAYNE]. me. Don’t give me that burden.’’ So ished us to review our American his- (Mr. PAYNE of Virginia asked and Congress says ‘‘Constitution, you do tory. Among other books that he re- was given permission to revise and exit.’’ ferred us to is de Tocqueville’s ‘‘De- Seven years from now, eight years mocracy in America.’’ tend his remarks.) Mr. PAYNE of Virginia. Mr. Chair- from now, nine years from now, ten I say to my colleagues, I think you years from now, and I am not Demo- will find in a review of those volume man, I rise in strong support of the bipartisan Stenholm-Schaefer balanced crat, let me say that this, that wants that we are admonished against allow- to see the Republican Party fall on its ing a minority to direct the course of budget amendment to the Constitu- tion. face. If you fall on your face, our coun- the majority. Yes, there is reference to try falls on its face. I am going to sup- and explanations of the dangers about Behind me is one of the strongest arguments that I can make for this port your good initiatives. the tyranny of the majority, but that I philosophically believe this is has to do with the capacity of the indi- amendment. It is a check for $3,100. That is what wrong to do, to mess with the Constitu- vidual to express his or her rights; that tion, and here is why. Let us talk busi- the typical American family sent to is to say, to put forward their argu- ness. the Treasury last year just to pay their ment. Those sets of documents of de You are the chairman of the Budget share of the interest on the national Tocqueville and those of the Framers Committee. You are the majority. You debt. of the Constitution specifically reject can convene a Budget Committee It is not their total tax bill. It is just what is being proposed here. meeting and report out next month a their portion of the $203 billion in net I give the gentleman from Texas [Mr. balanced budget. You won’t do that be- STENHOLM] credit. I am not familiar interest payments that the Govern- cause you can’t do that. A national with the gentleman from Colorado, Mr. ment made last year. debt of $5 trillion, $300 billion in inter- SCHAEFER, in the same manner that I That is money that will not be used est to service the national debt, and am with Mr. STENHOLM in terms of dis- to send the kids to college, or to build you cannot do it in 1995. But in the cussion about the amendment before a comfortable retirement, or to invest year 2002, 2003, 2004, with a $7 trillion us. I give him credit and Mr. SCHAEFER, in a new home. national debt and $500 billion to service by extension, credit for saying some- It is money that will go directly to that debt, the Constitution in a 2- thing that is being failed to be put for- investors—many of whom are located minute drill is going to throw a Hail ward to the American people tonight. overseas—who bought debt instru- Mary pass and save our keisters, Con- This amendment makes clear that all ments of the U.S. Government. receipts and all expenditures are to be gress. This $3,100 check is a dramatic testa- It is not going to work. If it is not counted, and that does include Social ment to the failure of this government Security, that does include Medicare, broke, don’t fix it. If it is broke, fix it. to live within its means and to act re- The Tax Code is broke. It rewards de- that does include veterans’ benefits. It sponsibly. does include all those things, and they pendency, penalizes work. Fix it, Con- Unless we act now to eliminate this gress. The trade program is broke. A should be addressed. I am not saying deficit, and to live permanently under that is being hidden here. Quite the record $153 billion deficit. The Presi- a constitutionally-mandated balanced dent did not mention it. No one in this contrary. The gentleman from Texas budget—just as the States do, that [Mr. STENHOLM] to my knowledge has House mentions it. At 20,000 jobs for $3,100 figure will only grow larger and 1 never been reticent about saying he each 1 billion. That is 3 ⁄2 million jobs larger for years into the future. approximately, at $40,000 a year with wants to face up to these things More and more of our scarce re- squarely. benefits lost. sources will go to servicing the na- Come on, Congress. Most of us are b 1830 tional debt and nothing more. All new not going to be here. I probably will But I can assure you of this: That investments in better jobs, improved not be. But in 8 years the Constitution should this amendment pass, should highways, and decent health care will is going to do something that we can- the balanced budget amendment pass, be impossible because of our legally not do now. that the small States will be the losers. binding obligations to service the Na- The Republicans have got a chance. The American people are not prepared tion’s debt. The American people want you to gov- as yet to understand what the full im- Mr. Chairman, this amendment will ern. We are going to tell them we plications are going to be. The small help future generations of Americans passed a balanced budget amendment States will lose out. by eliminating new debt by 2002. to the Constitution. The truth of the When it comes to balancing the budg- But make no mistake about it: The matter is, Congress, we should balance et, there are going to be regional $3,100 that this check symbolizes is the budget, and you will find it in the groups that will be put together, there hurting America’s families right now. Tax Code and the trade laws of our will be States with the votes in this And it will only get worse. country. And we are not dealing with House that inevitably will find them- This amendment is our best hope of it, because we are afraid of words like selves voting together to see to it they restoring for all Americans a Govern- ‘‘protectionism,’’ ‘‘regulating com- are taken care of at the expense of the ment that acts responsibly and that merce.’’ small States. If we want to talk about does not mortgage America’s future, So with that I would like to say to what we are forcing ourselves into, and the time to act is now. the Democrat Party, understand the that is what it is going to be. I urge my colleagues to vote ‘‘yes’’ Republican program. I don’t under- I find it passing strange that we on the bipartisan Stenholm/Schaefer stand ours. Let us give the American should be talking and some of the lead- balanced budget amendment to the people a different choice. Let us tackle ership that is on the side of this Constitution. the issue of trade. Let us change that January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 763 Tax Code. That is what we should be we all quote the Founding Fathers. I No one should doubt the necessity for a bal- doing. have sat here all afternoon and heard anced budget amendment. The failed statutory This balanced budget amendment them quoted often. But only five times remedies that have been enacted over the may pass, and the gentleman from in the U.S. Constitution did the Found- past 10 years, such as Gramm-Rudman-Hol- Texas [Mr. STENHOLM] and the gen- ing Fathers allow for a supermajority, lings and the 1990 Budget Enforcement Act, tleman from Colorado [Mr. SCHAEFER], and perhaps that is because they un- confirm the need for the higher discipline that if it is going to pass, they are two of derstood the dynamics of majority a balanced budget amendment would bring to the better Members, and I can under- rule, and some of us may not. the budget process. stand that, and I wish you the best. I The fact is, we have not lived under a bal- am going to vote ‘‘no.’’ b 1840 anced budget since 1969. In our Nation's first Mr. SCHAEFER. Mr. Chairman, I A constituent of mine, a man named 205 yearsÐfrom 1776 to 1981Ðthe debt yield 1 minute to my good friend, the Thomas Horsley, wrote me recently. He reached $1 trillion. It took only 14 years to gentleman from New Hampshire [Mr. said: reach the current debt level of close to $5 tril- ZELIFF]. The Constitution already gives Congress lion. Living in debt means living with interest (Mr. ZELIFF asked and was given the power to balance the budget, but a $4 payments. In 1969, the Government spent permission to revise and extend his re- trillion debt is adequate evidence that Con- less than 9 percent of Government receipts on marks gress has not been exercising that power. So interest payments. Now it spends 24 percent. Mr. ZELIFF. Mr. Chairman, some- the only possible legitimate reason to amend These interest payments, roughly $200 billion times you can tell the strength of your the Constitution is to give the 535 Members a year and growing, crowd out spending for case just by looking at who is opposing of Congress an incentive to balance the budg- current programs and preclude spending on you. et, an incentive they obviously do not have at the present time. new initiatives. Judging by the arguments against At the center of the proposed amendment Earlier today, we voted on a different ver- the balanced budget amendment I have is the requirement for the budget estimates sion of the balanced budget amendment, heard, the case for the amendment to project a balanced budget. That is the which required a three-fifths vote to raise couldn’t be more clear. only part of the amendment concerned with taxes. I would like to comment on this amend- Opponents say the balanced budget balancing anything, and all it requires us to ment. While the three-fifths vote requirement amendment may be a threat to Govern- do is to balance estimates. to raise taxes is intriguing, I believe the adop- ment programs in the future. This gentleman says: tion of such a requirement abdicates the con- In fact, the real threat to critical I am sorry to sound cynical, but I am stitutional concept of majority rule. As Madison Government programs like—Social Se- afraid that this will merely create a strong made clear in the ``Federalist Papers,'' major- curity, and Medicare—is continuing incentive for Congress to ‘‘cook the books,’’ ity rule is a cornerstone of our democracy and our $200 billion deficits, and $200 plus while not actually balancing anything im- our system of representative government. The billion interest payments on the na- portant. proposal of a supermajority is intriguing be- tional debt. The Rosy Scenario and the magic asterisk are in the all too recent past for me to have cause it leaves open the possibility of requir- Opponents say the balanced budget forgotten them, and the temptation to haul ing supermajority votes for other issues that amendment will not allow the Federal them out again when the balanced budget are equally sacrosanct, such as Social Secu- Government to fulfill its responsibil- amendment goes into effect will be over- rity or Medicare or defense spending or tax ities. whelming. cuts. One could argue that these programs In fact, it will for the first time force The proposed amendment acknowledges are worthy of supermajority protection. Congress to fulfill its responsibilities. that there may be times when it is impos- The Constitution is not the place to enumer- It will mandate that we set budget pri- sible to balance the budget, and it is full of ate special demands. Rather, the Constitution orities and live within our means. various rules for working around the requirement if necessary. That is one possible ap- should stipulate broad principles about rights Opponents say the three-fifths re- proach, but it seems difficult to anticipate and privileges for our citizens. That is why I quirement for a tax increase will bias every legitimate reason for deficit spending. support the constitutional amendment that out- Congress toward spending cuts. I say The real problem is not deficit spending, it lines the tenet that the Federal Government that is right, and that is really what is long-term deficit spending. It took decades balance its budget on an annual basis. the American people want. of deficits to build the $4 trillion monster we I was elected to end the practice of irre- Unfortunately, we did not get the have now. What we really need is a simple sponsible Federal deficit spending. I believe necessary 290 votes to accomplish this. requirement that deficits may be allowed, the adoption of a balanced budget amendment Opponents have called the balanced but they cannot go on indefinitely. We need an amendment which imposes a reasonable to the Constitution is the first step in the proc- budget amendment a gimmick and a time limit on deficit spending and requires ess toward greater fiscal responsibility. I urge trick. balance to be restored shortly after any defi- my colleagues to support the Stenholm- I believe they are protesting so loud- cit spending. This would allow the very use- Schaefer balanced budget amendment. ly because they know—and the Amer- ful economic tool of deficit spending to be Mr. STENHOLM. Mr. Chairman, I ican people know—that it will work. used when needed but eliminate the real yield 3 minutes to the gentleman from There is nothing more important for problem of never-ending deficits. Massachusetts [Mr. KENNEDY]. us to do to preserve the future of our Someone said the other day that this Mr. KENNEDY of Massachusetts. Mr. country than to pass this balanced is a half-brained amendment. Perhaps Chairman, I thank the gentleman for budget amendment. what we do not need is a balanced yielding. Mr. WATT of North Carolina. Mr. budget amendment. We may need some It is time that we stop this myth Chairman, might I inquire how much balanced-brain amendments around that somehow working people and the time remains? here. poor have made out as a result of hav- The CHAIRMAN. The gentleman Mr. STENHOLM. Mr. Chairman, I ing deficit spending in the United from North Carolina [Mr. WATT] has 14 yield such time as she may consume to States. People come up to me and say, minutes remaining, the gentleman the gentlewoman from Missouri [Ms. ‘‘JOE KENNEDY is in favor of the bal- from Texas [Mr. STENHOLM] has 9 min- MCCARTHY]. anced budget amendment. What is utes remaining, and the gentleman (Ms. MCCARTHY asked and was going on? What are you becoming, a from Colorado [Mr. SCHAEFER] has 10 given permission to revise and extend new Democrat? Are you lining up with minutes remaining. her remarks.) NEWT GINGRICH? Something is wrong if Mr. WATT of North Carolina. Mr. Ms. MCCARTHY. Mr. Chairman, I a member of the Kennedy family is lin- Chairman, I yield 3 minutes to the gen- rise in support of the Stenholm-Schae- ing up to support the balanced budg- tleman from Florida [Mr. HASTINGS]. fer amendment. et.’’ Mr. HASTINGS of Florida. Mr. Chair- Mr. Chairman, I rise in strong support of the The fact of the matter, ladies and man, I thank the gentleman from bipartisan-bicameral balanced budget amend- gentlemen, is, in this country, the North Carolina for yielding. ment offered by Mr. STENHOLM and Mr. working people and the poor have not Mr. Chairman, you know, none of us SCHAEFER. I am proud to have joined 65 of my made out over the course of the last 10 favor tax increases, all of us want our fellow Democrats and 90 of my Republican or 15 years with these rising deficits. country’s budget to be balanced, and colleagues in cosponsoring this measure. The programs that affect them the H 764 CONGRESSIONAL RECORD — HOUSE January 26, 1995 most have been cut the most. You look passing this amendment, we will do to do the job, as every Representative at the way the spending has gone in more than just gut those programs. We was elected to do the job, but not to America. Who has made out over the will continue to force middle-income give the power to a few large States course of the last 15 years? and lower income Americans to shoul- who, with their electoral support, I serve on the housing committee. der the burden of deficit reduction. could withhold, with a super majority The housing budget of America has For reducing the deficit we need bal- that is called for in this amendment, been cut 70 percent, when the deficits anced judgment, balanced judgment in could withhold that support. were rising in America. Energy assist- spending wisely and balanced judgment If my colleagues who support this ance has been cut 30 percent; education in cutting spending wisely. amendment think the three-fifths spending cut 13 percent; transpor- We cannot do that when the Amer- super majority is such a good idea, tation, cut 7 percent; all nondefense ican middle class suffers the greatest they only need to look at the other discretionary spending across the line, sacrifices and burdens and the rich and body, where they are engaging in a fili- cut 11 percent. large corporations remain virtually un- buster, to realize that what they are And at the same time who has made touched. doing is putting the filibuster in the out? Well, there have been people that I urge my colleagues to vote ‘‘no’’ on Constitution of the United States. have made out. The last 10 or 15 years this substitute and ‘‘no’’ on final pas- Therefore, before we amend this Con- we have seen defense spending rise in sage. stitution with these kinds of provi- this country from about $100 billion to Mr. SCHAEFER. Mr. Chairman, may close to $300 billion. Interest payments I inquire of the Chair how much time sions, we have to be honest with the on the debt, in 1980, after 200 years of remains for each side? American public, because this is not American history, were $70 billion. The CHAIRMAN. The gentleman what we have in the States for con- Last year they were $240 billion. from Colorado [Mr. SCHAEFER] has 10 stitutional amendments for a balanced Just ask any person that goes and minutes remaining, the gentleman budget, it is not what families do, it is borrows money from a bank. It is much from Texas [Mr. STENHOLM] has 6 min- not what I do in my business, and it is tougher to pay the money back to the utes remaining, and the gentleman not what we should do in the United guy that owns the bank than if you are from North Carolina [Mr. WATT] has 10 States of America’s business. the fellow who is lending it. minutes remaining. The CHAIRMAN. The Chair would Working people pay the taxes in this Mr. SCHAEFER. Mr. Chairman, I announce that the time disparity be- country. Wealthy people own the yield 1 minute to the gentleman from tween the various sides is such that the bonds. There are not a lot of working Colorado [Mr. HEFLEY]. gentleman from North Carolina [Mr. people in my district that own T bills. Mr. HEFLEY. Mr. Chairman, for 60 WATT] has only 8 minutes left now, and It is the people that own the T-bills years, Congress has played a shell the two proponents have 9 minutes. that are making out on this debt. game with Americans. We have pro- What the Chair is going to do is go to If anyone is sincere about wanting vided the services, but we have hidden the two Members to try to get some national health insurance passed in the costs. Today, the bill is finally balance of the time, if that is satisfac- America, I say the only way we will coming due. tory with everyone. ever get national health insurance Our deficit is almost $5 trillion. In- The Chair recognizes the gentleman passed is if we get a balanced budget terest on the debt is the third largest from Colorado [Mr. SCHAEFER]. amendment. Because some fellow with portion of the budget. In a few years, it Mr. SCHAEFER. Mr. Chairman, I green eye shades is going to sit down will be the largest portion of the budg- yield 1 minute to the gentleman from with the gentleman from Ohio [Mr. KA- et. California [Mr. BAKER]. SICH] one day, and he is going to point Faced with this crisis, we must take Mr. BAKER of California. Mr. Chair- out to him that the only way we are action—and we must take action now. man, it is an honor to speak on this ever going to get the health care cost There’s no time to wait for the next issue. We have waited 40 years. under control in this country is by put- Congress, or to posture for the upcom- From the Chicken Little school of ting some cost controls on the rising ing elections. If you have faith in the budgeting, we have heard all week that cost of health care, by insuring the un- American voter, if you have faith in the sky is going to fall if we balance insured. the democratic process, then support the budget; the elderly care, Social Se- We are going to have a very difficult the Schaefer balanced budget amend- curity, Medicare, nutrition. They held fight on what we actually do to achieve ment. a press conference today in the Bay a balanced budget. But make no mis- It protects future generations from area. All these terrible things will take about it, without a balanced budg- our irresponsibility, and it forces Con- occur if we balance the budget. Lib- et amendment, we will continue the gress to finally set the priorities we’ve erals know that Social Security is off kind of deficit spending that has hurt been avoiding for 6 years. the table. the poorest and most vulnerable people Mr. WATT of North Carolina. Mr. in this country worse than any cuts Chairman, I yield 2 minutes to the gen- I will tell you what we will not do. We will not pass a $30 billion pork- that Ronald Reagan or George Bush or tleman from Maine [Mr. BALDACCI]. anybody else came up with. Mr. BALDACCI. Mr. Chairman, this laden crime bill if the balanced budget Let us not stick our heads in the amendment that has been proposed is passes. We will not have a $40 million sand and pretend that this deficit has what I believe to be not straight with peso bailout if the balanced budget not been a cancer that has eroded the the American public. This amendment, passes. We will not ruin agriculture by fundamental necessities of life for the as proposed, does not separate capital arresting farmers when they run over a American people. from operating expenditures. rat with their tractor if the balanced Let us stand up for the Stenholm In my State, where we have to bal- budget passes. We will not fund the Ba- amendment. ance the budget through a constitu- varian ski resort in Kellogg, ID, for $6 Mr. WATT of North Carolina. Mr. tional amendment, this amendment is million if the balanced budget passes. Chairman, I yield 2 minutes to the gen- different than that which we have in For 26 years this Congress has filed tleman from Illinois [Mr. EVANS]. our State. to balance the budget once. If they Mr. EVANS. Mr. Chairman, a bal- asked John F. Kennedy ‘‘How are you b anced budget amendment will force 1850 going to get to the Moon,’’ they would steep cuts in programs that working This asks the Federal Government, criticize the fuel he would use. He families count on to keep their heads which has the capital outlay budget in would never have been able to do it. If above the water. Every program that the operating budget, to have it mixed they asked an alcoholic ‘‘What three works for middle-class people will be together. It is not being honest with liquor stores will close if you stop subject to the meat ax. This includes the American public. drinking,’’ we would not do it. such vital and successful programs as Mr. Chairman, I came here from We have lived off our grandchildren Social Security, Medicare, veterans Maine to do the job I was elected to do, long enough. We must pass the bal- benefits and student loans. And by not to put it off for 2002. I was elected anced budget tonight. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 765 Mr. SCHAEFER. Mr. Chairman, I balanced budget amendment so we can It is unfortunate that the majority has elect- yield 1 minute to the gentleman from have a bright future for our children ed not to initiate its budget reduction goals in South Carolina [Mr. SANFORD]. and for our grandchildren. a more reasoned and deliberative mannerÐ Mr. SANFORD. Mr. Chairman, I Mr. SCHAEFER. Mr. Chairman, I debating the specifics of program reductions thank the gentleman for yielding time yield 2 minutes to our majority leader, and reforms, rather than amending the Con- to me. the gentleman from Texas [Mr. stitution to restrain the flexibility of Congress Mr. Chairman, I rise in support of ARMEY]. to address the needs of the economy and this amendment for many reasons. One Mr. ARMEY. Mr. Chairman, I thank American citizens. that would come to my mind right now the gentleman for yielding time to me. Federal budgets are statements of policy. is history. Rome collapsed in 476 A.D. Mr. Chairman, I want to take a mo- The budget represents the best efforts of the The Byzantine Empire collapsed in ment to talk about this moment. I executive branch and the Congress to reach 1453. The Italian Renaissance came to would like to thank my colleague, the majority consensus on specific investment and an end in 1550. The Dutch Empire ended gentleman from Texas [Mr. STENHOLM], revenue decisions based upon judgments of in 1759. and my colleague, the gentleman from the Nation's needs. The Congressional Budget You could look across the pages of Colorado [Mr. SCHAEFER], for bringing Office has estimated that $1.2 trillion will have history. What you would find is that in this amendment to this floor at this to be cut from the Federal budget under the every instance, civilizations reached a moment. amendment's mandate. Significant policy deci- crossroads in which they had to decide, Mr. Chairman, I would like us to re- sions on a range of issues will be imposed do we go back to what made us com- flect upon the fact that this moment is based on the need to implement arbitrary and petitive and a world power in the first not about the party of the gentleman draconian reductions in spendingÐan abdica- place, or do we stay on this happy but from Texas [Mr. STENHOLM] or the tion of our responsibility to make such deci- ultimately unsustainable cycle of up- party of the gentleman from Colorado sions in a deliberative manner. ward government spending and upward [Mr. SCHAEFER]. It is not about the last Proponents of the amendment have refused government consumption? election; it is not about the next elec- to enlighten the American people on how the In most instances, Mr. Chairman, tion. budget will be balanced. Instead they focus on those civilizations have taken the easy the process, forgoing the specific impacts of choice. Tonight we have a chance to Mr. Chairman, this moment is about the future of our children in this great this legislation, and relying on simplistic no- impose upon ourselves the discipline tions. Process is no substitute for the profound that this body so desperately needs for Nation. That is what we address ourselves to at this point in time. We choices facing this body as we debate reduc- the sake of not only ourselves but our tions in spendingÐreductions which will have children and our grandchildren. Mr. stand at this moment, Mr. Chairman, with a very frightening fact of our chil- a significant impact on our ability to provide for Chairman, I ask support for this the Nation's security and economic stability, amendment. dren’s lives. and to invest in the productive capacity of Mr. STENHOLM. Mr. Speaker, Mr. Each and every one of our children Americans and the Nation's infrastructure. Chairman I yield such time as he may today is endowed with $18,300 of Fed- Forced reductions in Medicare and Medicaid consume to the gentleman from Texas eral national debt. That is the legacy do not pass for responsible reform of our [Mr. PETE GEREN]. of the manner in which this Congress health care system. The coming debate on (Mr. PETE GEREN of Texas asked has acted in the past, trying the best welfare reformÐmoving Americans from wel- and was given permission to revise and we could, no doubt, doing the best we fare to workÐmust include a thoughtful debate extend his remarks.) thought possible, no doubt, but with on the need for investing in education and Mr. PETE GEREN of Texas. Mr. the absence of any defining constraint, training. There is widespread acknowledge- Chairman, I rise in support of the bal- any fiscal imperative, constantly al- anced budget amendment. lowing that national indebtedness to ment that it may be necessary to spend Mr. STENHOLM. Mr. Chairman, I grow larger and larger and larger. money up front in our efforts to end welfare as yield such time as he may consume to This moment stands at a time where, we know it and put recipients to work. Pas- the gentleman from Pennsylvania [Mr. if we do nothing, we must face the even sage of the balanced budget amendment may force the Congress to base reforms solely on DOYLE]. more frightening possibility that by (Mr. DOYLE asked and was given the time of their young adulthood, reduction in costsÐnot on the requirements of permission to revise and extend his re- they will have even worse of that in- legitimate reform. marks.) debtedness, and their children, too, will Robert Bork is recently quoted as saying Mr. DOYLE. Mr. Chairman, I rise in share it. that the balanced budget amendment ``rests support of the Stenholm-Schaefer Today, Mr. Chairman, is our chance on the assumption that Congress won't be- amendment. to rise to the occasion of the moment, have responsibly in the absence of a constitu- Mr. SCHAEFER. Mr. Chairman, I to reach out, put our disappointments tional amendment.'' I would urge my col- yield 1 minute to the gentleman from aside, seize the moment, and think leagues to reject that assessment and House Wisconsin [Mr. NEUMANN]. about our children. Vote yes for a new Joint Resolution 1. The 103d Congress dem- Mr. NEUMANN. Mr. Chairman, it is a constraint and a new beginning. onstrated that it can act to reduce the deficit. tremendous privilege to serve my coun- Mr. WATT of North Carolina. Mr. That process can and should continue as we try as a Member of this institution. Chairman, I yield such time as he may begin a deliberative debate on the specific pol- Our forefathers paid a tremendous consume to the gentleman from Cali- icy reforms on our agenda. price to give us this great Nation. Now fornia [Mr. DIXON]. Mr. WATT of North Carolina. Mr. it is our turn to live up to the respon- (Mr. DIXON asked and was given per- Chairman, I yield 2 minutes to the gen- sibility that goes with that privilege. mission to revise and extend his re- tleman from Pennsylvania [Mr. CHAKA Our Congress has not passed a bal- marks.) FATTAH]. anced budget in 25 years. They bor- Mr. DIXON. Mr. Chairman, I rise in b rowed $4.8 trillion on behalf of the opposition to the amendment in the 1900 American people. That is $18,500 for nature of a substitute offered by the Mr. FATTAH. Mr. Chairman, I thank every man, woman, and child in the gentleman from Texas [Mr. STENHOLM]. the gentleman for yielding me the United States of America. For a family Mr. Chairman, I rise to express my deep time. of four, that is $74,000. Here is the concern over efforts to amend the Constitution I would like to first associate myself worst part. To simply pay the interest to require the Federal Government to adopt a with the remarks of the gentleman on the national debt, every family of balanced budget. Although I will vote in favor from Massachusetts, except for his con- four must write out a check each of specific substitutes offered by my col- clusion. I would like to say that as we month for $450; $450 of their tax money leagues, I do so because they represent more approach this issue, we should be care- each month is going just to pay the in- reasoned alternatives to the majority's pro- ful that we do not handcuff the future terest on the national debt. posal, not because I support amending the of our country. We would not have been Mr. Chairman, it is time to live up to Constitution to require the Congress to do able to invest so significantly, for in- our responsibility. We need to pass this what it already has the power to accomplish. stance, in our military to fight the cold H 766 CONGRESSIONAL RECORD — HOUSE January 26, 1995 war given these dynamics of a balanced its, it only makes sense that the Federal Gov- to a tyranny of a majority spending budget amendment. ernment abide by the same commonsense money we do not have and creating This county has used deficit spending rules. debt we cannot pay down and creating to invest in ways to improve our infra- Our citizens are disgruntled with the Federal a situation as my friend JOE KENNEDY structure, like the superhighway, Fed- Government making excuses. They expect said where we do not have the money eral highway program, 41,000 miles of and should expect that the Congress put aside to do good things for Americans any- highways across this land. the partisan tactics and pass strong legislation more. It is time to end that tyranny We hear so much talk about the fam- that can rein in our national debt and spiraling and balance this budget and settle the ily budget and that the Government’s interest payments. accounts. budget should be more like families’ Until we balance the budget, these interest But let me turn the argument on its budgets. Families are not so concerned payments will continue to force downward head. Should we put in our Constitu- about balancing budgets. They are con- pressure on the American economy and the tion a requirement that we stop cerned about responsible budgeting. American people. I think hard-working Ameri- unbalancing our accounts each year? They would not let a sick child go cans deserve some relief. Let me turn that on its head. Do we without health care in order to have a Making sure that we do not spend more have a right to spend money we do not balanced checkbook. They would not than we bring in is the relief that is needed. have? If you want to spend money that go without a roof over their head rath- The mechanism to ensure that relief is the bal- is your money that you do not have er than to acquire a mortgage. Fami- anced budget amendment. and borrow yourself into debt, you cer- lies make responsible decisions in I encourage my colleagues to vote for this tainly have that right. But we are here which in some cases they use debt or amendment so that we can say today we as agents of the American taxpayer. Do use savings. But they act in ways in moved to control runaway spending. we have a right to spend money he has which they do in fact create opportuni- Mr. STENHOLM. Mr. Chairman, I not sent us, she has not sent us? The ties for future generations. yield 3 minutes to the gentleman from answer I think is no. So when the majority leader, who I Louisiana [Mr. TAUZIN]. We are agents of the taxpayers of believe is sincere, along with the two Mr. TAUZIN. Mr. Chairman, I thank America. We owe an agency-fiduciary gentlemen who are the makers of this and congratulate my dear friend, the relationship to the people of America substitute amendment, suggest they gentleman from Texas [Mr. STENHOLM], who sent us here. And our agency re- are doing this on behalf of future gen- for the excellent work he and the gen- quirement is not to spend money we do erations, I would suggest to you that tleman from Colorado [Mr. SCHAEFER] not have because we cannot do this in we also in many ways, some even un- and others have done in bringing this a free society and keep it free. imaginable at the moment, by limiting balanced budget amendment to this The obligation tonight, all of you, all ourselves in this way jeopardize future floor tonight. of you who wanted Barton-Tauzin to generations. As a conservative Democrat, I am pass and now we know we cannot do it, The last thing I would say, Mr. pleased to follow my more liberal the obligation is to rally around Schae- Chairman, is that what we are doing Democratic colleague, the gentleman fer-Stenholm and make it the law of does not make common sense. All we from Massachusetts [Mr. KENNEDY], in this land. need is 51 percent of the Members of a request to all Members that we do Mr. WATT of North Carolina. Mr. this House, 218 votes, to pass a bal- the right thing tonight, that we pass Chairman, I yield 2 minutes to the gen- anced budget. What we are doing now this balanced budget amendment on to tleman from Illinois [Mr. DURBIN]. is searching for 290 to give us a flag to the floor of the full House for a final Mr. DURBIN. Mr. Chairman, first, wave rather than a balanced budget vote. though I will not be voting for this that we actually can send to the Presi- As the principal cosponsor for many amendment, I want to salute the gen- dent’s desk. years with my friend, the gentleman tleman from Texas [Mr. STENHOLM] and Mr. STENHOLM. Mr. Chairman, I from Texas [Mr. BARTON], of the Bar- his colleague in this effort, the gen- yield such time as he may consume to ton-Tauzin constitutional amendment tleman from Colorado. the gentleman from Alabama [Mr. that contained the supermajority re- The gentleman from Texas [Mr. CRAMER]. quirement to raise taxes, let me make STENHOLM] and I disagree on many, (Mr. CRAMER asked and was given an admission tonight. I think we all many things, but I have the greatest permission to revise and extend his re- need to admit we do not have the votes respect for his integrity and his com- marks.) to pass that amendment. It in my mind mitment. I hope you prevail tonight, Mr. CRAMER. Mr. Chairman, I rise was the superior version. CHARLIE. You deserve it. And though I in strong support of the Stenholm bal- But I must tell you that the Sten- will be voting against you, you have anced budget amendment. holm-Schaefer amendment we are de- certainly put up the good fight for a I rise today in support of a balanced budget bating now is an awfully good version long, long time. constitutional amendment. I have said these of a balanced budget amendment for We had a chance, 2 years ago, to put words before in this Chamber. the U.S. Constitution, the best one we a vote on this floor that went way be- I have voted for such an amendment since can pass and the one we ought to pass yond the rhetoric of an amendment and being elected to Congress. Perhaps today I to the floor for final action tonight. talked about real spending cuts, real can say we met the vote threshold and Why is it the best one we can pass deficit reduction. Not a single Repub- passed the balanced budget amendment. and a good one to boot? Because it con- lican would vote for it. We are talking Congress now has all the authority it needs tains a supermajority provision twice about the Clinton deficit reduction to balance the budget. However, the Congress to ensure that before we budget an un- plan. The result of it, some $600 billion is missing one thing: fiscal discipline. balanced account and before we raise in deficit reduction, a tough plan that The balanced budget amendment provides the debt ceiling in America, that we worked, 3 straight years of deficit re- the fiscal discipline that Congress needs to get the supermajority agreement to do duction, the first time since Harry Tru- face up to the hard choices that we must it. man. Not one single Republican vote in make in order to reduce a national debt the People have complained about a the House or the Senate. current exceeds $4.7 billion. supermajority and said it is not Amer- And then I came to the floor last I have become more and more frustrated ican, not Democratic. Let me assure year with the suggestion in an appro- with this budget process that cannot stop you, corporations generally include a priation bill to cut 10 percent, $1.3 bil- record deficits year after year. supermajority requirement before the lion, from the previous year’s discre- I have come to the conclusion that it is nec- majority in a corporation can hurt the tionary spending. And if you look at essary to restrict the ability of the Government minority rights. The supermajority the rollcall, you know what you will to borrow money from future generations and provision is designed to protect minor- find? Many of the balanced budget war- that it is necessary to restrict the ability of the ity rights from the tyranny of the ma- riors who have stood so bravely at Government to tax the American people. jority. these microphones tonight calling for If families in my district have to balance What tyranny have we been subjected major surgery on our deficit were their budgets and monitor their spending hab- to for 25 years? We have been subjected fainting at the sight of blood when January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 767 they saw the spending cuts. Folks, it is requires that the President submit and the and is controlling time in opposition, in the record. Congress adopt a budget which balances ac- may close. Now we are about to change the Con- tual outlays with actual receipts. It protects our Mr. SCHAEFER. Mr. Chairman, I stitution of the United States and for ability to respond to national emergencies by yield 1 minute to the gentleman from the first time put a fiscal policy in it waiving the requirement for a balanced budget New Jersey [Mr. LOBIONDO]. which is to guide us to courage. We did whenever the United States is engaged in (Mr. LoBIONDO asked and was given not need it. We needed the determina- armed conflict. permission to revise and extend his re- tion, the bipartisan determination of Mr. Chairman, I would have preferred the marks.) Democrats and Republicans. Instead, Barton amendment's stricter tax-limitation pro- Mr. LoBIONDO. Mr. Chairman, I not a single Republican would step for- visions. But the perfect must not become the thank the gentleman for yielding me ward 2 years ago when we had a chance enemy of the very good. Passage of the this time. I strongly support this to do something about it. Schaefer-Stenholm balanced budget amend- I am concerned about the conserv- ment will ensure that we not only fulfill our ob- amendment. I would have preferred the ative political groups in this town who ligations to the American people in our con- Barton amendment that obviously we will exalt over the passage of this tract with them, it will ensure we fulfill the un- are not going to get a chance to get the amendment. They will finally be able written but no less binding obligation not to number of votes for. But I think we to shred the safety net constructed by saddle future generations with unbearable have an obligation to the American Franklin Roosevelt, the safety net con- debt. people, and I think it is a sacred obli- structed with Medicare in the 1960’s. I strongly support the Schaefer-Stenholm gation. The victims unfortunately are the amendment and urge each of my colleagues In my district when I get into the most vulnerable people in America. to do so as well. church halls and the fire halls and look Mr. SCHAEFER. Mr. Chairman, I Mr. SCHAEFER. Mr. Chairman, I people in the eye, they ask me: ‘‘How yield such time as he may consume to yield 1 minute to my good friend, the come Congress does not live in the real the gentleman from Louisiana [Mr. gentleman from New York [Mr. BOEH- ‘‘How come Congress does not live in MCCRERY]. LERT]. the real world.’’ They ask me how (Mr. MCCRERY asked and was given (Mr. BOEHLERT asked and was given come we do not live by the same rules permission to revise and extend his re- permission to revise and extend his re- that they live by. marks.) marks.) They live with a balanced budget, Mr. MCCRERY. Mr. Chairman, I rise Mr. BOEHLERT. Mr. Chairman, I rise Mr. Chairman. They cannot spend more in support of the balanced budget in support of the Schaefer-Stenholm amendment. amendment. than they take in, at least not for very Mr. Chairman, I rise today in support of the I must candidly admit I have not al- long, and they cannot understand why Schaefer balanced budget amendment and to ways been in the front ranks of the Congress does not live with that same urge all of you who support bringing the Fed- warriors fighting for a balanced budget discipline. eral Government's spending binge to an end amendment. My position has evolved We now have an opportunity, and it to do so. over the years. is a historic opportunity, to give some- Let me say at the outset that I much pre- When I first came here 13 years ago, thing to the American people that they ferred the Barton amendment with its require- I said to myself in response to those should have had long ago, that will es- ments for a supermajority of the Congress in who called for amending the Constitu- tablish that we in Congress recognize order to pass a tax increase. The Barton tion, let us not tinker so readily with the real world that they live in and we amendment offered the best hope for curing that very sacred document. I felt we can do this right. It is the right thing the Congress' addiction to tax hikesÐto end had a conservative President who could to do for ourselves, for our constitu- the practice of blithely dipping deeper into the advance a balanced budget amendment ents, for their children and for our pockets of middle-class Americans in order to or proposal anytime he wanted. That grandchildren. finance increased spending. But the simple balanced budget proposal was not ad- Mr. STENHOLM. Mr. Chairman, I fact is, we lack the votes needed to ensure vanced. I felt that the Congress of the yield such time as she may consume to United States in its wisdom, adults, the Barton amendment becomes part of the the gentlewoman from Arkansas [Mrs. Constitution. could pass a balanced budget anytime LINCOLN]. Faced with a choice of politics as usual or it wanted. But it did not do so. I (Mrs. LINCOLN asked and was given with adopting a meaningful constitutional re- watched the deficit mount and mount quirement that the budget be balanced, I sup- and mount, and I began to consider my permission to revise and extend her report the Schaefer-Stenholm amendment. kids and grandkids. marks.) If you and your family set up a budget each I looked at the situation where now Mrs. LINCOLN. Mr. Chairman as an year and you estimate you'll spend more than we have a debt approaching $5 trillion, original cosponsor from last session you earn, you might use your credit cards or which means that every single day, and this session, for our children and borrow money from the bank. Twenty years of every 24 hours, we are spending almost our children’s children, I rise in strong credit cards and borrowing would probably find $1 billion just to service that debt. It support of the Stenholm-Schaefer you in bankruptcy. So it is for families andÐ does not educate anyone or feed anyone amendment. I submitÐso it is for the Federal Government. or clothe anyone. That is obscene and Mr. STENHOLM. Mr. Chairman, I The fact is: We have not balanced a single we have got to change it. yield such time as he may consume to budget since 1969. Time and again Congress Mr. SCHAEFER. Mr. Chairman, may the gentleman from Illinois [Mr. has had the opportunity to cut spendingÐei- I inquire about the time? POSHARD]. ther with across-the-board cuts on appropria- The CHAIRMAN. The gentleman (Mr. POSHARD asked and was given tions bills or with specific measures such as from Colorado [Mr. SCHAEFER] has 3 permission to revise and extend his re- the $90 billion Kasich-Penny spending cut ini- minutes remaining, the gentleman marks.) tiative in 1993. Time and again the majority in from Texas [Mr. STENHOLM] has 3 min- Mr. POSHARD. Mr. Chairman, I rise Congress rejected these modest efforts to utes remaining, and the gentleman in support of a Schaefer-Stenholm hold the line on spending. Clearly sufficient from North Carolina [Mr. WATT] has 4 amendment. congressional will to cut spending and reduce minutes remaining. Mr. Chairman, I rise in support of the the deficit was lacking. Mr. SCHAEFER. Mr. Chairman, I be- Because the present capacity to borrow lieve that we have the right to close? Barton balanced budget amendment. I money creates an unlimited ability to spend The CHAIRMAN. The gentleman will also, as I have in years past, vote without immediate consequences, there is no from Colorado would have the right to for the Stenholm balanced budget clear procedural or political barrier to ever-spi- close. amendment. raling spending. A constitutional amendment is Here is the way I see it. b the only way to force Congress to make the 1910 This year we have a Federal budget difficult choices needed to balance the budget. The Chair apologizes. The gentleman of $1.5 trillion. That budget is divided The Schaefer amendment shores up our from North Carolina [Mr. WATT], be- essentially into three components. best intentions with constitutional backbone. It cause he is a member of the committee H 768 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Discretionary spending, which in- dren and grandchildren of senior citi- whether the United States will meet cludes defense, education, science, zens. I worry about the security of sen- its obligations to its bond holders, or space, technology, agriculture, law en- iors today, but I also worry about the how we will make fiscal policy, is clear forcement, judiciary, environment and security of their children tomorrow and I regret that the budget debate has other domestic programs. The discre- and beyond. strayed so far from the mainstream tionary programs receive 35 percent of I don’t know any seniors in my dis- that we have to breathe a sigh of relief the tax dollars sent to Washington this trict who would put themselves ahead when a longtime and committed pro- year. of their children and I’m not going to ponent of a balanced budget amend- The second category is the entitle- lie to them to tell them Social Secu- ment courageously speaks out against ment programs. Those are Social Secu- rity has no part in solving this prob- the radicalism of the three-fifths rule rity, Medicare, Medicaid, food stamps, lem. Both parties, Republican and on the tax issue. veterans health care, Federal retire- Democrat, know, beyond any doubt Nonetheless, I must speak out ment, farm subsidies, etc. These pro- that the budget must be balanced and against the gentleman’s amendment. grams receive 45 percent of all tax it cannot be balanced without the help We must work harder to achieve a moneys this year. of the seniors and the Social Security balanced budget, but, nothing can sub- The third part of the budget is inter- system. stitute for the courage and discipline est on the $4.5 trillion debt we have ac- The best protection for Social Secu- to take the tough budget votes. This cumulated as a Nation. This year that rity in the end is to eliminate this defi- amendment will not do it, it will sim- interest payment is 20 percent of our cit and debt, and I repeat it, it cannot ply give those who lack backbone the entire budget. Out of a $1.5 trillion be done by exempting 20 percent of the ability to say, ‘‘Look, I voted for a bal- budget, 65 percent of all the tax dollars Federal budget from consideration. anced budget amendment, don’t ask me go to entitlements and interest on the Seniors want the truth just as all of to actually vote for a balanced budg- debt, and in the year 2012, according to the American people want the truth, et.’’ the Entitlement Reform Commission not some game to deceive them in the Well that’s not good enough. If we analysis, 100 percent of all tax dollars end. really do not want to stick our kids will go to entitlements and interest. Mr. STENHOLM. Mr. Chairman, I None of our tax dollars will go to de- yield such time as he may consume to with the bills, then we must either not fend this Nation, educate our children, the gentleman from Mississippi [Mr. spend money on something somebody here wants—and there is no shortage of protect our citizens from crime, pro- MONTGOMERY]. tect our environment, provide research (Mr. MONTGOMERY asked and was people here who will vote for this for our science and industry, etc. given permission to revise and extend amendment but will fight vigorously to In other words, total, complete bank- his remarks.) protect their pet programs—or we will ruptcy. Mr. MONTGOMERY. Mr. Chairman, I rise in have to tax somebody—and nobody This is why we must have a balanced strong support of the Schaefer-Stenholm here wants to do that. budget amendment to compel this Con- amendment. I have been working for years for The distinguished majority leader gress to make the hard choices to stop a balance budget constitutional amendment. stated the real issue clearly when he this insane direction in which we are We need discipline in Congress to quit spend- ruled out any discussion of the real moving. It must be done, even though ing more than we take in. choices we will have to make in order we will offend many people with the This amendment will now have to be ratified to balance the budget ‘‘because’’ he hard choices we make. by 38 State legislatures. Now its up to the said ‘‘the fact of the matter is once The rub in this debate is Social Secu- Senate and the States. Members of Congress know exactly, rity. A resolution was passed on the I commend the gentleman from Texas [Mr. chapter and verse, the pain that the floor yesterday exempting Social Secu- STENHOLM] for his hard work on this amend- Government must live with in order to rity from the balanced budget amendment as well as the gentleman from Colorado get a balanced government, their knees ment. It passed by an overwhelming [Mr. SCHAEFER]. will buckle.’’ margin, but everyone in this House This is a great night for America if this Are we really prepared to say that knew it was a ruse. It has no legisla- amendment is passed. the democratic process can’t produce a tive effect. Even the senior citizens or- Mr. STENHOLM. Mr. Chairman, I sound economic policy—that Federal ganizations condemned it as a farce. It yield such time as he may consume to judges should be given control over was for political cover, so we would all the gentleman from California [Mr. taxes, spending and our nation’s prior- go back home and say we voted to pro- CONDIT]. ities? Are we prepared to place control tect Social Security, knowing that it is (Mr. CONDIT asked and was given of our destiny in the hands of the spe- absolutely impossible to balance the permission to revise and extend his re- cial interests and of a minority of the budget of this country and exempt one- marks.) House? I, for one, still believe that de- fifth of the entire budget from the Mr. CONDIT. Mr. Chairman, I rise in mocracy, majority rule, can be made to equation. strong support of the Schaefer-Sten- work. The truth is that the Social Security holm amendment. But even if the Members of this system must accept the same respon- The CHAIRMAN. The Chair’s under- House succumb to a sudden attack of sibility that every other program in standing of the situation is that the fiscal courage, we still have to look at the Federal budget accepts for helping gentleman from North Carolina [Mr. the economic impact of this amend- solve the deficit and the debt. WATT], has one additional speaker. ment. Everyone here knows that we are Mr. WATT of North Carolina. Mr. We have heard no discussion of the talking about slowing down the growth Chairman, I have one additional speak- impact of the complete elimination of of increased Government spending. In er, and I will close. the issuance of Federal debt on pension the case of Social Security, seniors will Mr. Chairman, I yield 2 minutes to funds and other institutions which turn continue to receive increases in the gentleman from New York [Mr. to such debt instruments as a conserv- COLA’s, although they may not be as NADLER]. ative place to invest funds? great as those increases in the past. If (Mr. NADLER asked and was given Mr. Chairman, this amendment is a Social Security is totally exempt from permission to revise and extend his re- dangerous way to try to ensure fiscal considerations to balance the budget marks.) responsibility. It will not work. I com- then the education of our children, the Mr. NADLER. Mr. Chairman, I rise in mend the gentleman for his courage, health care of our veterans, the protec- opposition to the amendment offered and urge the defeat of the amendment. tion of our environment will all have by the gentleman from Texas. Mr. STENHOLM. Mr. Chairman, I to suffer three times as great a slow- I commend the gentleman for his yield myself the remaining 3 minutes down in the growth of their funding as principled defense of the principled de- of my time. the Social Security system. fense of the principle of majority rule (Mr. STENHOLM asked and was This is not fair. I represent senior on the tax issue. The lack of sense of given permission to revise and extend citizens, but I also represent the chil- giving a minority the right to decide his remarks.) January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 769 Mr. STENHOLM. Mr. Chairman, be- That is my motivation, and I share it need to ask what is good for the coun- fore I begin, let me say on behalf of all in a bipartisan way with so many to- try. of those who have participated in de- night. If we cannot act responsibly with our bate over those 2 days, thank you for If we do not hand over to those chil- country’s budget, we will have bank- your job. You have been extremely fair, dren, my children and yours, your rupted our children’s future. and we owe you a debt of gratitude for grandchildren and mine to be, if we do I urge my colleagues to recognize the the way in which you have conducted not deliver the best country we can, if importance of this amendment and to yourself. we do not give them at least as good a support the Schaefer-Stenholm ver- The CHAIRMAN. The Chair thanks life as we have enjoyed and had the sion. the gentleman. privilege of enjoying, what kind of a Do not let the perfect be the enemy Mr. STENHOLM. Mr. Chairman, if I daddy am I and what kind of grand- of the good. This is a very good amend- might, indulge me in a little historical father or grandmother will we be? ment. If we fail to pass this balanced perspective. This debate on the bal- budget amendment, we will have failed anced budget amendment has matured b 1920 to deliver on the promise we made to considerably since we first participated Each one of us here in this Chamber the American people. in 1982. We have not spent as much knows what I am talking about, wheth- Mr. WATT of North Carolina. Mr. time arguing over whether deficits are er it is our own kids or our nieces and Chairman, I yield myself the balance of bad. We have a lot more Members who nephews or kids down the street, we my time. have signed off on the concept of know we owe them the best future we Mr. Chairman, I want to start by amending the Constitution. Although can offer. Stealing from them, sustain- agreeing with the majority leader, the we still differ on which one is the best, ing deficit spending, is not the best an- gentleman from Texas [Mr. ARMEY]. we have had far fewer accusations swer. This vote is not about the next elec- about people’s motives in supporting a I thank all who have participated in tion. It is not about the election after constitutional amendment, and that is this debate, in this ongoing, decade- that, because the drafters of this bill the good news. We also got to a floor long effort. For all of the right reasons, have carefully drafted it so that they consideration with a lot fewer gym- I urge my colleagues to support this bi- will not have to dance to the music nastics this year than in the past, and partisan amendment calling for a budg- until the year 2002. In fact, if you look we sincerely appreciate the Republican et of the United States of America to carefully at the Contract With America leadership for that. be balanced by the year 2002 and for- and you follow this 6-year limitation To my own leadership I owe a great ever thereafter. on service in this body, conveniently deal of sincere appreciation this year Mr. SCHAEFER. Mr. Chairman, I everybody here will be gone. If you as well. Some people say that we yield the remainder of the time on our look at the new rules of the House and Democrats have not learned a thing in side to close to the gentleman from the limitation on how long the Speaker the past 3 months, but I know we have. Iowa [Mr. GANSKE], a member of our can serve, the Speaker will be gone, The handling of this issue is ample great freshman class, a great worker even if he continues to be in the major- proof. My leadership understands that on this particular issue. ity. In 2002 we are called upon to bal- there are Democrats who have always Mr. GANSKE. Mr. Chairman, I be- ance the budget. felt passionately about the importance lieve there is nothing more important So it is not about this election. It is of this amendment. DICK GEPHARDT and to the future of our country than get- not about the next election. It is not DAVID BONIOR could not have been ting our national debt under control. even about the election after that. It is more gracious in bringing us to this The facts are sobering: $4.7 trillion of about democracy and honesty and point. debt, $18,000 for every man, woman, and when we are going to level with the The bad news is that the need for a child in this country. In 1994 the gross American people and when we are constitutional amendment is so much interest payments on this debt equaled going to have the guts to balance the greater than when we started working $240 billion. This is almost as much as budget. That is what this vote is about. on this issue. The ever-growing danger we spent on Social Security; it is more I implore you not to take away my posed to our children and grand- than the combined budgets for the De- right to have an equal voice in this children is more threatening than ever. partments of Agriculture, Education, body, not to give me this stuff about a One Member on the floor yesterday Energy, Housing and Urban Develop- supermajority being required, because put it as succinctly as possible: Deficit ment, Interior, Justice, Labor, State, that is going to give the major States spending is stealing all of us gathered Transportation, and Veterans’ Affairs. the control of this decision. here, especially those three-quarters of Some opponents of the balanced I come from a small State, but we in us who are veterans, have been guilty budget amendment seek to minimize North Carolina have the same rights as of taking from the pockets of the very the consequences of this national debt. everybody in every other part of this people we love the most. What they ignore is the impact on Gov- country, and the minute you pass a People have asked me, how could you ernment services, program bene- supermajority, and say, ‘‘We are going have had the energy, the will and the ficiaries, and taxpayers from remain- to up the ante, your vote is not worth- motivation, and from some people’s ing on this same course that we are on while,’’ let us defeat this amendment perspective the stupidity, to keep now, a course that will result in the and let us defeat this balanced budget pounding away at this effort to add a Federal debt increasing 90 percent over amendment. balanced budget to the Constitution the next 10 years and annual spending The CHAIRMAN. All time has ex- year after year. I always explain that on interest increasing by two-thirds. pired. is the farmer in me. If you are not an That is why I believe a constitutional The question is on the amendment in incurable optimist with a farmer deal- amendment to balance the budget is so the nature of a substitute offered by ing with floods one year and drought necessary. The national debt is a real the gentleman from Colorado [Mr. the next, and bugs and insects and all and serious problem, and nothing short SCHAEFER]. of the things that go with it, and in- of a balanced budget amendment will The question was taken; and the tense international competition, and give politicians the backbone they Chairman announced that the ayes ap- then the argument with my good need to make the tough decisions. peared to have it. friend, DICK ARMEY, regarding the pol- You know, Americans have to realize RECORDED VOTE icy on agriculture, as a farmer you just that sacrifice is necessary. For too Mr. WATT of North Carolina. Mr. cannot give up and let it defeat you. long the public has wanted unlimited Chairman, I demand a recorded vote. You keep plugging. services, unlimited resources. Passage A recorded vote was ordered. As a father, soon to be grandfather, I of the balanced budget amendment will The vote was taken by electronic de- cannot let myself be defeated on the initiate a great debate, just what can vice, and there were—ayes 293, noes 139, constitutional amendment either. and what should Government do. We not voting 3, as follows: H 770 CONGRESSIONAL RECORD — HOUSE January 26, 1995 [Roll No. 49] Wilson Young (AK) Zeliff The SPEAKER. Is the gentleman op- Wolf Young (FL) Zimmer AYES—293 posed to the joint resolution? NOES—139 Mr. CONYERS. I am, Mr. Speaker. Allard Frelinghuysen Miller (FL) Abercrombie Gutierrez Pelosi Andrews Frisa Minge The SPEAKER. The Clerk will report Ackerman Hall (OH) Pickett Archer Frost Molinari Baldacci Hastings (FL) Pomeroy the motion to recommit. Armey Funderburk Montgomery Barrett (WI) Hilliard Rahall The Clerk read as follows: Bachus Gallegly Moorhead Barton Hinchey Rangel Baesler Ganske Moran Mr. CONYERS moves to recommit the joint Becerra Holden Reed Baker (CA) Gekas Morella Beilenson Hostettler Reynolds resolution H.J. Res. 1 to the Committee on Baker (LA) Geren Myrick Bentsen Hunter Rivers the Judiciary with instructions to report the Ballenger Gibbons Nethercutt Berman Jackson-Lee Rohrabacher same back to the House forthwith with the Barcia Gilchrest Neumann Bonior Jefferson Roybal-Allard Barr Gillmor Ney following amendment: Borski Johnson, E. B. Sabo At the end of the matter proposed to be Barrett (NE) Gilman Norwood Boucher Kanjorski Sanders Bartlett Gingrich Nussle Brown (CA) Kaptur Sawyer added as an article of amendment to the Bass Goodlatte Ortiz Brown (FL) Kennedy (RI) Schroeder Constitution, strike the period and closing Bateman Goodling Orton Bunn Kennelly Schumer quotation marks and add the following new Bereuter Gordon Oxley Cardin Kildee Scott section: Bevill Goss Packard Clay Kleczka Serrano Bilbray Greenwood Pallone ‘‘SECTION .—Total receipts shall not in- Clayton Klink Skaggs clude receipts (including attributable inter- Bilirakis Gunderson Parker Coleman Lantos Slaughter Bliley Gutknecht Paxon Collins (IL) Levin Souder est) for the financing of benefits and admin- Blute Hall (TX) Payne (VA) Collins (MI) Lewis (GA) Stark istrative expenses of the Federal Old-Age and Boehlert Hamilton Peterson (FL) Conyers Lofgren Stockman Survivors Insurance Trust Fund and the Fed- Boehner Hancock Peterson (MN) Coyne Lowey Stokes eral Disability Insurance Trust Fund, or any Bonilla Hansen Petri DeLauro Maloney Studds successor funds, and total outlays shall not Bono Harman Pombo Dellums Manton Stupak Brewster Hastert Porter Dicks Markey Tejeda include outlays for disbursements of the Fed- Browder Hastings (WA) Portman Dingell Matsui Thompson eral Old-Age and Survivors Insurance Trust Brown (OH) Hayes Poshard Dixon McDermott Thornton Fund for benefits and administrative ex- Brownback Hayworth Pryce Doggett McKinney Thurman penses and the Federal Disability Insurance Bryant (TN) Hefley Quillen Durbin Meek Torres Trust Fund for benefits and administrative Bryant (TX) Hefner Quinn Engel Menendez Towns expenses, or any successor funds. The re- Bunning Heineman Radanovich Eshoo Mfume Traficant Burr Herger Ramstad Evans Miller (CA) Tucker ceipts and outlays referred to in the preced- Burton Hilleary Regula Farr Mineta Velazquez ing sentence shall be limited to receipts and Buyer Hobson Richardson Fattah Mink Vento outlays that provide old-age and survivor Callahan Hoekstra Riggs Fazio Moakley Ward cash benefits for individuals based upon their Calvert Hoke Roberts Filner Mollohan Waters earnings and dependents of such earners or Camp Horn Roemer Flake Murtha Watt (NC) Canady Houghton Rogers Foglietta Myers Waxman provide disability cash benefits for disabled Castle Hoyer Ros-Lehtinen Ford Nadler Williams individuals based upon their earnings and de- Chabot Hutchinson Rose Frank (MA) Neal Wise pendents of such earners.’’. Chambliss Hyde Roth Furse Oberstar Woolsey Chapman Inglis Roukema Gejdenson Obey Wyden Mr. HYDE (during the reading). Mr. Chenoweth Istook Royce Gephardt Olver Wynn Speaker, I ask unanimous consent that Christensen Jacobs Salmon Gonzalez Owens Yates the motion to recommit be considered Chrysler Johnson (CT) Sanford Graham Pastor as read and printed in the RECORD. Clement Johnson (SD) Saxton Green Payne (NJ) Clinger Johnson, Sam The SPEAKER. Is there objection to Scarborough NOT VOTING—3 Clyburn Johnston Schaefer the request of the gentleman from Illi- Coble Jones Schiff Bishop Fields (LA) Rush nois? Coburn Kasich Seastrand Collins (GA) Kelly Sensenbrenner b 1943 Mr. BONIOR. Mr. Speaker, I object. Combest Kennedy (MA) Shadegg Mr. HILLIARD and Ms. MCKINNEY The SPEAKER. Objection is heard. Condit Kim Shaw Cooley The Clerk will read. King Shays changed their vote from ‘‘aye’’ to ‘‘no.’’ Costello Kingston Shuster So the amendment in the nature of a The Clerk concluded the reading of Cox Klug Sisisky the motion to recommit. Cramer Knollenberg substitute was agreed to. Skeen Crane Kolbe The result of the vote was announced The SPEAKER. The gentleman from Skelton Crapo LaFalce Smith (MI) as above recorded. Michigan [Mr. CONYERS] is recognized Cremeans LaHood Smith (NJ) The CHAIRMAN. Under the rule, the for 5 minutes in support of his motion Cubin Largent Smith (TX) Cunningham Latham Committee rises. to recommit. Smith (WA) Danner LaTourette Accordingly the Committee rose, and Solomon Mr. CONYERS. Mr. Speaker, my col- Davis Laughlin Spence the Speaker having resumed the chair, leagues, this motion to recommit and de la Garza Lazio Mr. WALKER, Chairman of the Commit- Deal Leach Spratt to report forthwith would present im- DeFazio Lewis (CA) Stearns tee of the Whole House on the State of mediately to the House exactly the DeLay Lewis (KY) Stenholm the Union, reported that that Commit- Stump same identical Schaefer-Stenholm pro- Deutsch Lightfoot tee, having had under consideration Diaz-Balart Lincoln Talent posal just passed with one and only one Dickey Linder Tanner the joint resolution (H.J. Res. 1) pro- exception. Social Security would be ex- Tate Dooley Lipinski posing a balanced budget amendment plicitly protected in the actual words Doolittle Livingston Tauzin to the Constitution of the United Taylor (MS) of the constitutional amendment. Dornan LoBiondo States, pursuant to House Resolution Doyle Longley Taylor (NC) Mr. Speaker, we are now at the end Thomas 44, he reported the bill back to the Dreier Lucas of the night, and, after all is said and Duncan Luther Thornberry House with an amendment adopted by Dunn Manzullo Tiahrt the Committee of the Whole. done, after all the rhetoric dissipates, Torkildsen Edwards Martinez The SPEAKER. Under the rule, the four essential facts remain about the Ehlers Martini Torricelli treatment of Social Security in the Ehrlich Mascara Upton previous question is ordered. Emerson McCarthy Visclosky The question is on the amendment. measure before us: English McCollum Volkmer The amendment was agreed to. First, Mr. Speaker, Social Security is Ensign McCrery Vucanovich currently off budget under Gramm- Everett McDade Waldholtz The SPEAKER. The question is on Ewing McHale Walker the engrossment and third reading of Rudman and the Budget Enforcement Fawell McHugh Walsh the joint resolution. Act. Second, Schaefer-Stenholm puts it Fields (TX) McInnis Wamp The joint resolution was ordered to back on the budget and creates an in- Flanagan McIntosh Watts (OK) Foley McKeon Weldon (FL) be engrossed and read a third time, and centive to balance the budget on the Forbes McNulty Weldon (PA) was read the third time. backs of Social Security recipients. Fowler Meehan Weller MOTION TO RECOMMIT OFFERED BY MR. CONYERS Third, the Flanagan resolution ap- Fox Metcalf White Franks (CT) Meyers Whitfield Mr. CONYERS. Mr. Speaker, I offer a proved yesterday does not change the Franks (NJ) Mica Wicker motion to recommit. fact that Social Security can still be January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 771 cut. It is the Flanagan fig leaf, and it hearted. This is the only motion where Mr. Speaker, I yield back the balance is getting smaller all the time. Finally, you can truly show the American peo- of my time. the only way, I repeat the only way, to ple where you stand on the issue of So- The SPEAKER. Without objection, protect Social Security from being cut cial Security. the previous question is ordered on the is to write into the words of the Mr. Speaker, I yield back the balance motion to recommit. amendment that it cannot be cut, as of my time. There was no objection. my motion to recommit does. Any- The SPEAKER. Is the gentleman The SPEAKER. The question is on thing short of that will only meet the from Illinois [Mr. HYDE] opposed to the the motion to recommit. laugh test. motion? The question was taken; and the Mr. HYDE. Mr. Speaker, I am. b 1950 Speaker announced that the noes ap- The SPEAKER. The gentleman is peared to have it. Mr. FRANK of Massachusetts. Mr. recognized for 5 minutes in opposition RECORDED VOTE Chairman, will the gentleman yield? to the motion to recommit. Mr. CONYERS. Mr. Speaker, I de- Mr. CONYERS. I yield to the gen- Mr. HYDE. Mr. Speaker, we are on mand a recorded vote. tleman from Massachusetts. the threshold of a historic moment. A recorded vote was ordered. Mr. FRANK of Massachusetts. Mr. The House is about to pass its first bal- The vote was taken by electronic de- Speaker, a lot of Members have talked anced budget amendment and send it vice, and there were—ayes 184, noes 247, about, and a number of Members have over to the Senate. And to those who not voting 3, as follows: made promises, saying that Social Se- have participated in this, I congratu- curity surpluses will not be used to off- late you and salute you, and I salute [Roll No. 50] set deficits elsewhere, because that true bipartisanship which can work AYES—184 creates an incentive to cut Social Se- and did work in this instance. I salute Abercrombie Gephardt Neal curity benefits. But all of those prom- the gentleman from Texas [Mr. STEN- Ackerman Gibbons Neumann ises are wiped out by this constitu- HOLM], the gentleman from Louisiana, Baesler Gonzalez Oberstar tional amendment, because under the Baldacci Gordon Obey [Mr. TAUZIN], the gentleman from Barcia Green Olver constitutional amendment they are Texas [Mr. GEREN], the gentleman from Barrett (WI) Gutierrez Ortiz united again and Social Security and Maryland [Mr. HOYER], and all those Becerra Hall (OH) Orton the rest of the budget are counted to- Members who have given by their Beilenson Hall (TX) Owens gether. If you wish to say that Social Bentsen Hamilton Pallone speeches and their votes the answer to Berman Harman Pastor Security surpluses shall not be counted the remarks of the gentleman from Bevill Hastings (FL) Payne (NJ) to offset a deficit elsewhere, you have Michigan. Bilirakis Hayes Pelosi no option but to vote for this. Mr. Speaker, our declaration tells us Bonior Hefner Pickett Borski Hilliard Pomeroy Voting against this, and this is the that Governments derive their just Boucher Hinchey Rahall only change, there is no three-fifths at powers from the consent of the gov- Brewster Holden Rangel stake, there is no four-fifths, there is erned. That is why we are here. That is Browder Hoyer Reed nothing. This adds to the existing text Brown (CA) Jackson-Lee Reynolds why we are voting as we are about to Brown (FL) Jefferson Richardson only serious protection for Social Se- vote, consonant with the consent of the Brown (OH) Johnson (SD) Rivers curity. governed. They want a balanced budget Bryant (TX) Johnson, E.B. Roemer Defeat this, and you have created a amendment, and we are going to give Canady Kanjorski Rose constitutional incentive to reduce So- Cardin Kaptur Roybal-Allard them one. Chapman Kennedy (MA) Sanders cial Security benefits in case we need If you habitually overspend, the Clay Kennedy (RI) Sawyer that to get to a balanced budget in the courts appoint a conservator for you. Clayton Kennelly Schroeder future. We are beyond that point now. The Clyburn Kildee Schumer Coleman Kleczka Scott Mr. CONYERS. Mr. Speaker, I yield only thing that will help us survive is Collins (IL) Klink Serrano to the gentleman from Wisconsin [Mr. a balanced budget amendment. Collins (MI) LaFalce Skelton KLECZKA]. This motion to recommit deals with Conyers Lantos Slaughter Mr. KLECZKA. Mr. Speaker, I rise in Costello Laughlin Spratt the Social Security issue. I would like Coyne Levin Stark strong support of this motion to re- to remind my colleagues that we have Cramer Lewis (GA) Stearns commit. dealt with it three times on the amend- Danner Lincoln Stokes Fellow members, the reality check ment process. Three of the substitutes de la Garza Lipinski Studds DeFazio Lofgren Stupak has now arrived. The time has come to carved out Social Security, one by the DeLauro Lowey Tejeda match your rhetoric with your vote. gentleman from West Virginia [Mr. Dellums Luther Thompson Let us be absolutely clear, a vote WISE], which got 138 votes, one by the Deutsch Maloney Thornton against this motion is a vote to subject gentleman from Michigan [Mr. CON- Dicks Manton Thurman Dingell Markey Torres the Social Security trust funds to the YERS] which got 112 votes, and one by Dixon Martinez Torricelli provisions of this balanced budget act. the gentleman from Missouri [Mr. GEP- Doggett Mascara Towns This vote is not a sense of Congress HARDT] which got 135 votes. So once Doyle Matsui Traficant Duncan McCollum Tucker resolution. It is not a nonbinding, more we go to the well on the issue of Durbin McDermott Velazquez soon-to-be-forgot commemorative like Social Security. Edwards McHale Vento was pushed through here last night. I tell you, Social Security is not en- Engel McKinney Volkmer The $423 billion surplus in the Social dangered by this balanced budget Eshoo McNulty Ward Evans Meehan Waters Security trust fund will offer some amendment. I just ask the Members of Farr Meek Watt (NC) easy pickings as budget balancing deci- this body to use their imagination. Fattah Menendez Waxman sions get harder. What is the biggest threat to Social Se- Fazio Mfume Williams Filner Miller (CA) Wilson All Americans, especially the seniors curity? It is not us. It is not elected Flake Mineta Wise in our home communities, will know Congressmen, I can assure you. But it Foglietta Mink Woolsey tonight if you stood with them or your is from an economy that is top heavy Ford Moakley Wyden party bosses. Let us put our votes with debt. That is the biggest threat to Frank (MA) Mollohan Wynn Frost Moran Yates where our mouths are. Let us give So- Social Security. Furse Murtha cial Security meaningful and real pro- I have heard talk about safety nets. Gejdenson Nadler tection. The decision is up to you. You Listen: We are on a high wire, and we NOES—247 cannot hide behind a useless exercise are holding our kids and our grand- Allard Barr Bliley tonight. Support his motion to recom- children on our shoulders. This bal- Andrews Barrett (NE) Blute mit. anced budget amendment is our safety Archer Bartlett Boehlert Mr. CONYERS. Mr. Speaker, with net and their safety net. Saint Paul Armey Barton Boehner this motion we are separating the said ‘‘There is much to be done; now is Bachus Bass Bonilla Baker (CA) Bateman Bono wheat from the chaff, the true believ- the acceptable time.’’ Seize the day. Baker (LA) Bereuter Brownback ers of Social Security from the faint Vote ‘‘no.’’ Ballenger Bilbray Bryant (TN) H 772 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Bunn Hayworth Pombo A recorded vote was ordered. Taylor (NC) Vucanovich White Bunning Hefley Porter Thomas Waldholtz Whitfield Burr Heineman Portman The vote was taken by electronic de- Thornberry Walker Wicker Burton Herger Poshard vice, and there were—ayes 300, noes 132, Tiahrt Walsh Wilson Buyer Hilleary Pryce not voting 3, as follows: Torkildsen Wamp Wolf Callahan Hobson Quillen Torricelli Watts (OK) Young (AK) Calvert Hoekstra Quinn [Roll No. 51] Upton Weldon (FL) Young (FL) Camp Hoke Radanovich AYES—300 Visclosky Weldon (PA) Zeliff Castle Horn Ramstad Volkmer Weller Zimmer Allard Flanagan McCarthy Chabot Hostettler Regula Andrews Foley McCollum Chambliss Houghton Riggs NOES—132 Archer Forbes McCrery Chenoweth Hunter Roberts Armey Ford McDade Abercrombie Hall (OH) Payne (NJ) Christensen Hutchinson Rogers Bachus Fowler McHale Ackerman Hastings (FL) Pelosi Chrysler Hyde Rohrabacher Baesler Fox McHugh Baldacci Hilliard Pickett Clement Inglis Ros-Lehtinen Baker (CA) Franks (CT) McInnis Barrett (WI) Hinchey Pomeroy Clinger Istook Roth Baker (LA) Franks (NJ) McIntosh Becerra Holden Rahall Coble Jacobs Roukema Ballenger Frelinghuysen McKeon Beilenson Hostettler Rangel Coburn Johnson (CT) Royce Barcia Frisa McNulty Bentsen Jackson-Lee Reed Collins (GA) Johnson, Sam Sabo Barr Frost Meehan Berman Jefferson Reynolds Combest Johnston Salmon Barrett (NE) Funderburk Metcalf Bonior Johnson, E. B. Rivers Condit Jones Sanford Bartlett Gallegly Meyers Borski Kanjorski Roybal-Allard Cooley Kasich Saxton Barton Ganske Mica Boucher Kennedy (RI) Sabo Cox Kelly Scarborough Bass Gekas Miller (FL) Brown (CA) Kennelly Sanders Crane Kim Schaefer Bateman Geren Minge Brown (FL) Kildee Sawyer Crapo King Schiff Bereuter Gibbons Molinari Cardin Klink Schroeder Cremeans Kingston Seastrand Bevill Gilchrest Montgomery Clay LaFalce Schumer Cubin Klug Sensenbrenner Bilbray Gillmor Moorhead Clayton Lantos Scott Cunningham Knollenberg Shadegg Bilirakis Gilman Moran Coleman Levin Serrano Davis Kolbe Shaw Bliley Gingrich Morella Collins (IL) Lewis (GA) Skaggs Deal LaHood Shays Blute Goodlatte Myers Collins (MI) Lofgren Slaughter DeLay Largent Shuster Boehlert Goodling Myrick Conyers Lowey Souder Diaz-Balart Latham Sisisky Boehner Gordon Nethercutt Coyne Maloney Stark Dickey LaTourette Skaggs Bonilla Goss Neumann DeLauro Manton Stokes Dooley Lazio Skeen Bono Graham Ney Dellums Markey Studds Doolittle Leach Smith (MI) Brewster Greenwood Norwood Dicks Martinez Stupak Dornan Lewis (CA) Smith (NJ) Browder Gunderson Nussle Dingell Mascara Tejeda Dreier Lewis (KY) Smith (TX) Brown (OH) Gutknecht Ortiz Dixon Matsui Thompson Dunn Lightfoot Smith (WA) Brownback Hall (TX) Orton Doggett McDermott Thornton Ehlers Linder Solomon Bryant (TN) Hamilton Oxley Durbin McKinney Thurman Ehrlich Livingston Souder Bryant (TX) Hancock Packard Engel Meek Torres Emerson LoBiondo Spence Bunn Hansen Pallone Eshoo Menendez Towns English Longley Stenholm Bunning Harman Parker Evans Mfume Traficant Ensign Lucas Stockman Burr Hastert Paxon Farr Miller (CA) Tucker Everett Manzullo Stump Burton Hastings (WA) Payne (VA) Fattah Mineta Velazquez Ewing Martini Talent Buyer Hayes Peterson (FL) Fazio Mink Vento Fawell McCarthy Tanner Callahan Hayworth Peterson (MN) Filner Moakley Ward Fields (TX) McCrery Tate Calvert Hefley Petri Flake Mollohan Waters Flanagan McDade Tauzin Camp Hefner Pombo Foglietta Murtha Watt (NC) Foley McHugh Taylor (MS) Canady Heineman Porter Frank (MA) Nadler Waxman Forbes McInnis Taylor (NC) Castle Herger Portman Furse Neal Williams Fowler McIntosh Thomas Chabot Hilleary Poshard Gejdenson Oberstar Wise Fox McKeon Thornberry Chambliss Hobson Pryce Gephardt Obey Woolsey Franks (CT) Metcalf Tiahrt Chapman Hoekstra Quillen Gonzalez Olver Wyden Franks (NJ) Meyers Torkildsen Chenoweth Hoke Quinn Green Owens Wynn Frelinghuysen Mica Upton Christensen Horn Radanovich Gutierrez Pastor Yates Frisa Miller (FL) Visclosky Chrysler Houghton Ramstad Funderburk Minge Vucanovich NOT VOTING—3 Clement Hoyer Regula Gallegly Molinari Waldholtz Clinger Hunter Richardson Bishop Fields (LA) Rush Ganske Montgomery Walker Clyburn Hutchinson Riggs Gekas Moorhead Walsh Coble Hyde Roberts b 2030 Geren Morella Wamp Coburn Inglis Roemer Gilchrest Myers Watts (OK) Collins (GA) Istook Rogers So (two-thirds having voted in favor Gillmor Myrick Weldon (FL) Combest Jacobs Rohrabacher thereof) the joint resolution was Gilman Nethercutt Weldon (PA) Condit Johnson (CT) Ros-Lehtinen Goodlatte Ney Weller passed. Cooley Johnson (SD) Rose Goodling Norwood White Costello Johnson, Sam Roth The result of the vote was announced Goss Nussle Whitfield Cox Johnston Roukema as above recorded. Graham Oxley Wicker Cramer Jones Royce Greenwood Packard Wolf A motion to reconsider was laid on Crane Kaptur Salmon Gunderson Parker Young (AK) the table. Crapo Kasich Sanford Gutknecht Paxon Young (FL) Cremeans Kelly Saxton Mr. MFUME. Mr. Chairman, I rise today in Hancock Payne (VA) Zeliff Cubin Kennedy (MA) Scarborough Hansen Peterson (FL) Zimmer opposition to the measure before us and I Cunningham Kim Schaefer Hastert Peterson (MN) urge my colleagues to do the same. Danner King Schiff Hastings (WA) Petri Davis Kingston Seastrand Mr. Chairman, I support a balanced federal NOT VOTING—3 de la Garza Kleczka Sensenbrenner budget. Deal Klug Shadegg As such I have, since coming to Congress, Bishop Fields (LA) Rush DeFazio Knollenberg Shaw attempted to be fiscally responsible in my DeLay Kolbe Shays b 2013 Deutsch LaHood Shuster votes. I have tried to be consistent in my sup- Diaz-Balart Largent Sisisky port of both spending cuts as well as revenue Mr. BAESLER and Mr. LUTHER Dickey Latham Skeen increases that I felt were necessary and would changed their vote from ‘‘no’’ to ‘‘aye.’’ Dooley LaTourette Skelton Doolittle Laughlin Smith (MI) not have a negative impact on the national So the motion to recommit was re- economy. I have tried to act in the best inter- jected. Dornan Lazio Smith (NJ) Doyle Leach Smith (TX) est of the people of our nation, both socially The result of the vote was announced Dreier Lewis (CA) Smith (WA) and economically. In addition to voting to cut Duncan Lewis (KY) Solomon as above recorded. programs that in other circumstances I would The SPEAKER. The question is on Dunn Lightfoot Spence Edwards Lincoln Spratt have whole heartedly supported, such as the the passage of the joint resolution. Ehlers Linder Stearns Space Station, I have seen inadequate fund- The question was taken; and the Ehrlich Lipinski Stenholm Emerson Livingston Stockman ing for a number of programs which I consider Speaker announced that the ayes ap- vital to our people. peared to have it. English LoBiondo Stump Ensign Longley Talent If I had a dollar for every instance in which RECORDED VOTE Everett Lucas Tanner I have said to a constituent, `Ì agree that this Ewing Luther Tate Mr. CONYERS. Mr. Speaker, I de- Fawell Manzullo Tauzin program is meritorious, but the fiscal reality is mand a recorded vote. Fields (TX) Martini Taylor (MS) that the federal government is not going to be January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 773 able to help,'' I may very well have been able way, rather than continue to debate an ideal The legislation setting forth the balanced to eliminate our national deficit by now. that can, one way or another, be cir- budget provision, House Joint Resolution 1 As the representative of some of our na- cumvented. was marked up and approved by the House tion's poorest people, I can attest to the prob- Congress has, in the past, shown a willing- Committee on the Judiciary on January 11. lems that we are being forced to neglect be- ness to bypass targets set into law for the fed- The Democratic members of the Committee cause of the budget deficit. eral deficit. The most recent example is the denounced Judiciary Committee's Chairman Children go to bed hungry at night because Gramm-Rudman-Hollings Act. Rather than ad- HENRY HYDE for railroading the legislation their parents cannot find work and because here to the limits established in the legislation through the Committee. This action was a there is no one else to help them. Parents Congress and the Administrations projected gross insult not only to the democratic mem- cannot find work because they have lost their higher revenues than were realistic and took bers of the Committee but to the American jobs, sometimes as a result of government many items off budget. people as well. Americans have a right to policies, and they do not have the training to The result was that overruns in deficit know the impact of the Republican Contract make them appealing to potential new employ- spending, above the budget resolutions, aver- With America on their community, their jobs, ers. Senior citizens cannot afford to heat their aged $34 billion from 1980 to 1992. The fact and their lives. homes in the winter, a sometimes fatal condi- of the matter is that unforeseen events, such House Majority Leader RICHARD ARMEY re- tion. Small or minority owned businesses can- as the savings and loan crisis and Operation cently stated on ``Meet the Press'' that, ``The not even get started due to a lack of capital. Desert Storm make annual deficit targets un- fact of the matter is once members of Con- Mr. Chairman, colleagues, I see victims of realistic. gress know exactly, chapter and verse, the the Federal deficit every day, and while I sym- As I said earlier, rather than idealistic gim- pain that the government must live with in pathize with them I am forced to talk about fis- micks I would prefer sensible economic poli- order to get a balanced budget government, cal realities. cies to attain our goal. their knees will buckle.'' The recent Wall So I would argue that perhaps more than With the 1993 Omnibus Budget Reconcili- Street Journal/NBC News Poll revealed that others, I am aware of the long-term problems ation Act Congress and President Clinton took when asked, ``Do you favor or oppose a bal- that our deficit is causing the people of our na- a more reasonable, and I would argue more anced budget amendment to the Constitu- tion. effective, step toward fiscal responsibility. The tion?''Ð68 percent of the respondents favored Given my concerns, then, people may be 1993 Reconciliation bill cut discretionary and 19 percent opposed the amendment. surprised by my strong opposition to this con- However, when the respondents were asked, spending, placed caps on future expenditures, stitutional amendment. Yet I am passionately ``Would you favor or opposed a balanced and raised revenues by increasing the pro- opposed to this amendment, as I do not feel budget amendment to the Constitution if it regressive structure of federal taxes. As a result that it is the proper answer to our problem. quired a 20 percent cut in spending on entitle- of that Act, the deficit is projected to fall from In fact, I would argue that this amendment ment programs such as Medicare, Medicaid, $290 billion in 1992 to $166 billion in 1996. may do more harm than good not only to our and veterans' benefits?''Ð61 percent opposed For the first time since President Truman, the nation but also to the very people whom I feel the amendment and 33 percent favored it. federal deficit has fallen three years in a row. the government has already neglected. The Treasury Department recently con- Beginning in 1982 Congress has been de- According to a report recently released by ducted a state-by-state analysis of the impact bating a Balanced Budget Amendment to the the Economic Policy Institute, the result of the of the balanced budget amendment and the Constitution. Yet between 1982 and 1994 our Balanced Budget Amendment is that by the Republican Contract With America. By even year 2002 my congressional district alone national deficit has increased by $12.3 billion. conservative estimates, for Ohio, the loss is would lose more than $904 million. This trans- Mr. Chairman, colleagues, I oppose the Bal- over $12 billion. This amount includes $3.9 bil- lates into $1,513 per person in Maryland's anced Budget Amendment to the Constitution. lion in federal grants reductions, and $8.2 bil- seventh congressional district. I would like to eliminate our deficit, and I am lion in reduced annual federal spending in To recover losses to my state's highway, committed to working toward that goal regard- Ohio. More specifically, the loss to Ohio is: educational, job training, housing, environ- less of the outcome of this debate. I would $2.4 billion per year in lost funding for Medic- mental, Medicaid and other programs Mary- urge my colleagues to consider what they are aid; $4.7 billion per year in reduced Medicare land would be forced to raise taxes dramati- doing and to think long and hard about sub- benefits; $233 million per year in lost highway cally, by as much as 13.5 percent by the year stantive changes versus gimmicks. trust fund grants; $290 million per year in lost 2002 if the balanced budget amendment and Mr. STOKES. Mr. Chairman, I rise in oppo- funding for welfareÐAid to Families with De- other Republican proposals. sition to the Balanced Budget Amendment. pendent Children; and $4.5 billion per year in Not only would this wreak economic havoc At the core of the Republican Contract With lost funding for other areas including edu- on my district and on my state, but the people America is a three part fiscal initiative: to si- cation, job training, the environment, housing, who I mentioned earlier who have already multaneously cut taxes, amend the Constitu- student loans, veterans' benefits, and grants been denied many basic human needs be- tion to require a balanced budget by the year to local governments. cause of budget constraints would continue to 2002, and increase defense spending. These The most vulnerable populations in our soci- suffer. goals are coupled with a stipulation that Social ety will be hit the hardest by the balanced A study released by the non-partisan Chil- Security not be cut. The combined cost of the budget amendment. Children would suffer tre- dren Defense Fund points out that in Maryland initiative translates into an over one trillon dol- mendously. alone 25,400 babies, preschoolers, and preg- lar price tag. The GOP has yet to outline how In Ohio alone: nant women would lose infant formula and it proposed to achieve these objectives. Nutrition impact: 75,800 babies, pre- other nutrition supplements that they currently If we hold to the Contract's bare minimum schoolers, and pregnant women would lose in- receive through the Women, Infants, and Chil- stipulations aloneÐno cuts in defense spend- fant formula and other WIC nutrition supple- dren [WIC] program. 59,250 children would ing, and preserve Social Security, federal pro- ments. 183,350 children would lose food lose their access to food stamps. 108,000 grams would have to be cut across-the-board stamps. 291,800 children would lose free or would lose free or subsidized school lunch by 30 percent or more. If the GOP honors its subsidized School Lunch Program lunches. program lunches. Contract, all spending cuts will have to come 20,950 children in child care and Head Start While these numbers may be derived from from programs like education, health, the envi- would lose Child and Adult Care Food Pro- a worst case scenario, it is the only scenario ronment, housing, nutrition, biomedical re- gram meals. under which we can operate, as we do not search, mass transit, federal pensions, Medi- Welfare impact: 141,900 children would lose have even seen a sketchy blue print of how care, Medicaid, and welfare. When the GOP welfare benefitsÐAid to Families with Depend- the budget would be balanced under the cur- increases defense spending as it proposes to ent Children. 11,500 blind and disabled chil- rent proposal. do, the cuts in these programs would have to dren would lose Supplemental Security In- In short, I would greatly prefer that instead increase. come [SSI]. of spending our time talking about gimmicks So, as you can see, the dilemma is not Education impact: 10,200 children would and amending the Constitution, we con- should we balance the budget but more impor- lose Head Start early childhood services. centrate on establishing our fiscal priorities tantly how, especially against a backdrop of 56,300 children would lose remedial education and getting our house in order. GOP promised tax cuts and defense spending through Title I. I would prefer that we spend our time devel- increases. According to the Treasury Depart- Health care and child care impact: 284,400 oping long-term strategies to reduce our deficit ment, reducing taxes alone will add $376 bil- children would lose Medicaid health care cov- in a meaningful yet economically responsible lion to the deficit in seven years. erage. 10,150 or more children would lose the H 774 CONGRESSIONAL RECORD — HOUSE January 26, 1995 federal child care subsidies that enable par- 1990, the amendment failed by only seven It also will be one requiring courage. By pass- ents to work or get education and training. votes in the House and in 1992, it failed by ing this legislation, we in the Congress are 287,150 cases now served by the state child only nine votes. However, with the renewed telling the American people that from this day support agency would lose help to establish interest of the American public and a Repub- forward we will be fiscally accountable. paternity or collect child support. lican majority in both chambers, it has become We're no longer simply going to talk about In fact, because of its constituency base, a clear that a balanced budget amendment is making the tough cuts to bring this budget into GOP-controlled Congress is more likely to cut not only needed, but coveted by the citizens of line, we're going to do it. And we're going to funding in urban areas rather than in suburban this Nation. have the power of a constitutional amendment and rural ones. Mr. Speaker, I urge this chamber to adopt hovering over us like a vulture that hasn't Because Social Security and defense must measures that will safeguard the futures of our eaten in a month to make us stick to our be left untouched, and the interest on the debt children. Presently, our national debt of $4.5 promises. Additionally, as a Congress we are must be paid, all of the spending cuts will trillion stands to destroy all that we have cre- committed to achieving this goal of a balanced have to come from one-half of the budget. ated. Opponents of this provision want to budget without placing it on the backs of our Under past deficit reduction lawsÐlike know how we will balance the budget, they Nation's seniors. Social Security is off the Gramm-RudmanÐCongress set yearly man- want to know the specifics behind such a pro- table. Period. That is my contract with Ameri- datory budget targets in order to balance the posal. No Member in this chamber can outline ca's seniors. budget. changes that will occur between now and Congress has had long enough to act like In fiscal year 1993, the latest year that 2002, which is the year this bill would require one of those people who keeps telling his be- state-by-state federal expenditure data is a balanced budget. There is no question that trothed, ``Yes, I intend to marry you . . . one available, Ohioans received a total $46 billion we will all be asked to make some tough day.'' By passing a balanced budget amend- in federal dollars. If the states seek to make budget choices. It is important to remember, ment, we're setting a date and we plan to stick up the loss in federal funding, the Treasury however, that such choices must be made for to it. In fact, we've gone so far as to rent the Department estimates that nationally state the good of this Nation's future. hall and hire the band. Rest assured, if we taxes would have to increase 12 percent. The Mr. LATOURETTE. Mr. Chairman, before fumble on this one, which we won't, the Amer- Treasury Department estimates that Ohio the end of this day, the 104th Congress could ican people have permission to hang us by would have to increase state taxes by 19.8 vote on a historic piece of legislationÐthe bal- percent across-the-board to make up for the anced budget amendment. It is a piece of leg- our thumbnails. Or, you could just not re-elect loss in federal grants. islation I intend to support not simply because us, which I'm sure some of my colleagues I urge the defeat of the balanced budget it's the right thing to do, but because it's the would find a far more painful fate. amendment. only thing to do. In a perfect world, the 104th Congress Mr. BONILLA. Mr. Chairman, I rise today in Some will argue that the solution to our would have passed a balanced budget support of the balanced budget amendment to Government's financial woes is to simply start amendment with a three-fifths or supermajority the Constitution of the United States. Presi- exercising more discipline in the budgeting tax limitation. This is what I preferred and this dent Clinton has promised the American peo- process. History has proven this does not is what I felt was the optimal legislation. Yes- ple he would end the budget deficit. During his work. Time and time again, Congress' best in- terday, I voted for its passage. The reason the State of the Union Address, President Clinton tentions to cut the fat out of a very bloated supermajority was necessary was to prevent expressed his ardent desire to cut spending Federal Government have fallen by the way- Congress from taking the easy and irrespon- and balance the budget. It has been 25 years side. At the end of 1994, the deficit was ap- sible way out as it has done in the past by since Congress has balanced the Federal proximately $223 billion and the public debt raising taxes. budget, and the deficit continues to grow with reached $4.7 trillion. Averaged out, every This begs the question: Are we settling for each year. For the sake of our future, I urge man, woman and child in America is saddled second best now, some watered down version my colleagues to adopt the balanced budget with this debt to the tune of roughly $18,000 with no teeth? No. When the 49ers take the amendment with the supermajority tax provi- per person. field this weekend, they will want their starting sion. In November, the American people sent a quarterback, Steve Young, as their man. But The people of the 23d District of Texas and very clear message: they want a balanced they also will have a competent, capable the people of this Nation overwhelmingly sup- budget amendment because they're tired of back-up sitting on the bench ready to rise to port the passage and ratification of a balanced hearing our shopworn excuses about how im- the challenge. The end goal, and one we must budget amendment. The balanced budget possible it is to balance a budget. Frankly, not lose sight of, is to get the job done. Suc- amendment is a tool that will compel Con- Americans no longer trust us to get the job ceed, win, whatever you want to call it, we gress to make tough budget decisions. Unfor- done. But passage of a balanced budget need to make it happen and balance the tunately, such decisions have been avoided amendment will change that. It will force us to budget. for many years. Families have to maintain a make the difficult, necessary choices. As a Congress we've been selfish long balanced budget and, in fact, 48 States have On Wednesday, my Ohio colleague, JOHN enough. If we can demand that you start tak- some sort of balanced budget requirement; R. KASICH, stood before a room full of reporting more responsibility with your lives and stop yet, even after years of fiscal abuse the U.S. ers and television cameras and announced relying on the Government for those things Congress has no provision calling for a bal- that the balanced budget amendment will be you can do on your own, the very least we anced budget. the most important piece of legislation he will can give you in return is a pledge to be re- Mr. Speaker, I would also encourage my vote on during his career in the House of Rep- sponsible today and with your futures. We colleagues to embrace the supermajority pro- resentatives. Even though I am in my first must pass a balanced budget amendment. visions included in this bill. Raising taxes month of my first term of Congress, I agree Mr. MINETA. Mr. Chairman, I rise in opposi- should not be the easy way to combat the def- with him wholeheartedly. While the goals of tion to House Joint Resolution 1. icit. The Congress must refrain from taxing the Contract With America are noble, the goal I do so not because I am opposed to bal- citizens into obliviion. A three-fifths require- of a balanced budget is tantamount. We can ancing the Federal budget. I fully agree that ment to increase taxes would help protect our no longer continue to rely on the old method long-term deficit spending, which almost quad- economy from the stifling effects of high taxes, of raising taxes every time we get into a deep- rupled our national debt during the Reagan while also requiring Congress to reduce over- er financial mess and need cash to bail us and Bush administrations, is a drain on our all spending. It will be imperative that Con- out. economy and a burden which our country can- gress examine carefully every function of the If we do not pass such legislationÐwhich not tolerate forever. But I do not believe that Federal Government and make the appro- will benefit our children, their children and their the Constitution of this country should be used priate reductions or terminations. Not only grandchildrenÐI am convinced that this Con- as a substitute for political courage. must we pass the balanced budget amend- gress will be branded with a legacy we will all When President Clinton sent his fiscal year ment, but we must also protect citizens from be ashamed of. I do not plan to be a part of 1994 budget to this CongressÐa budget the prospect of increased taxes. that, nor do many of my colleagues, Repub- which has successfully reduced the annual We cannot saddle future generations with licans and Democrats alike. deficit for 3 years in a row for the first time the bills for continued wasteful Government Will balancing the budget be easy? No, but since the Truman administration and more spending. Although past votes have been neither was digging ourselves into the deficit than halved it as a percentage of our gross close, a proposed amendment has never been quagmire we're in now. Climbing out will take domestic productÐmost of those backing this successful in the House and the Senate. In time and it will be an arduous and painful task. amendment voted against it. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 775 I do not think anyone in this House was would not be able to achieve the balanced budget by a certain date and yet our debt and happy about the tough choices contained in budgets they claim. deficit continue to grow. that budget. But a majority of us, thankfully, I will vote for these three alternative amend- Having tried everything else, a constitutional found the courage to vote for it. ments, but ultimately I cannot endorse using amendment now is the only way to break this Why is it that those who 2 years ago the Constitution of the United States as a plat- cycle of spending beyond our means to en- backed away from the specifics of balancing form to enshrine a political gimmick. sure that the Government lives by the same the budget now race to not only embrace the If the Members who advocate House Joint rules our families doÐevery single year after principle, but to use the Constitution to make Resolution 1 want to balance the budget, all the year 2002, except in times of war or real a political point? they have to do is put a plan on the table. The national emergencies. The 1993 budget vote was a painful one, fact that they have not done so, and openly Some have expressed fears that a balanced and it was painful precisely because we told refuse to do so, says something to me about budget amendment would threaten Social Se- the American people exactly what pain would the substance, or the lack thereof, of this curity. On the contrary, a balanced budget will be involved. We told them exactly what we amendment. protect this program. The greatest threats to were doing, exactly how much it would cost I urge my colleagues to join me in voting Social Security and our senior citizens are them, and exactly what would be gained as a ``no'' on final passage. deficits and the debt. To finance our deficit result. Mr. LAZIO of New York. Mr. Chairman, I spending, the Government sells bonds and That, Mr. Chairman, is what responsible rise today to urge passage of House Joint pays interest on the dividends. Spending more government is all about. Resolution 1, the balanced budget amend- on interest payments eats up scarcer Federal It is all very well and good to vote for this ment. Remember the year 1969? The Beatles resources, which in turn, eventually will threat- amendment today, and then tell your constitu- were still together, man had just walked on the en all programs, even Social Security. ents that you voted to balance the budget. But Moon, and Watergate was just a hotel. It was The balanced budget amendment, by itself, that is not what is happening today. also the last year the Federal Government will not cure our economic ills, but it clearly is Our Democratic leader, Mr. GEPHARDT, ob- ended with a surplus of funds. a step in the right direction to put our financial served not too long ago that we should not Since then, each year, the Government has house in order, to stop mortgaging our Na- sign this part of the Contract With America added to the debt, which now totals over $4.7 tion's future and to protect future generations without reading the fine print. He was exactly trillionÐabout $19,000 for every man, woman, from economic disaster. Let us have the cour- correctÐexcept that our colleagues who are and child in the United States. A large part of age to pass this amendment. backing this amendment have not even both- our taxes go to the interest payments on this Mr. FRANKS of Connecticut. Mr. Chairman, ered to write that fine print yet. debt, $235 billion this yearÐ$643 million per I take great pride in rising in support of Con- That is not a responsible way to legislate, day. Interest payments on the Federal debt gress doing the people's will and passing a and I am gravely concerned that this amend- are right behind Social Security and defense balanced budget amendment. ment may one day be written into our Con- as the third largest single expenditure in the Since coming to Congress in 1991, I and stitution. Federal budget. It is time to take drastic ac- many of my Republican colleagues have voted The question today, however, is not whether tion. for the balanced budget amendment so that we will debate a constitutional amendment. In fiscal year 1995, the Government will we could lift the burden of Congress' spend- The question is what form will that amendment spend almost $200 billion more than it takes thrift ways off the backs of our children and take? in, and this dangerous trend is projected to in- grandchildren. In our every attempt to achieve Given that environment, I plan to vote in crease into the next century. The legacy of fiscal sanity, the then-Democratic majority favor of the amendments offered by our these deficits, our national debt, is projected to rebuffed our efforts, saying that the House and Democratic leader and Democratic whip, Mr. reach almost $6 trillion by the year 2000. Un- the Senate had the sense of discipline to cut GEPHARDT and Mr. BONIOR, and for the less we control spending now, serving the na- the deficit and that a constitutional amendment amendments offered by my friends Mr. CON- tional debt will quickly crowd out all other pri- was unnecessary. However, despite the assur- YERS and Mr. WISE. orities in the Federal budget. ances of the former majority and after many In each case, these amendments make im- In addition to putting a squeeze on spending ill-advised appropriations bills, our federal portant points about the process we are enter- priorities, large Federal deficits have a pro- spending continued and continued to balloon ing with this constitutional amendment. found affect on the amount of money the pri- to zeppelin-like proportions. All three, for example, contain the principle vate sector in our country has to invest. The Mr. Chairman, on November 8, 1994, the that we will not renege on our promises to the financing of the deficit each year absorbs American people sent a loud and clear mes- Nation's senior citizens in implementing the money that could have been used by the pri- sage that they were tired of Congress con- balanced budgetÐand that we will protect So- vate sector. As a result the Nation suffers from ducting business as usual. They sent a mes- cial Security. a lower rate of private investment, lower pro- sage that said they have had enough of big And all three have eliminated the ductivity, and a lower standard of living. government and out-of-control spending. I and supermajority requirement that is in such di- The country simply cannot afford to keep up my Republican colleagues have heard that rect violation of the principles enshrined in the this spending pattern. Our children and their message and today we shall take the first Constitution. children should not be saddled with paying for steps to carry out the people's agenda. But each amendment offers a crucial prin- our indulgent spending. According to a new When we do pass the balanced budget ciple which I believe any comprehensive con- and comprehensive method of accounting amendment, we will have to make choices sideration of the balanced budget amendment known as generational accounting, the Office which will be painful and difficult. Some pro- must contain. of Management and Budget [OMB] projects grams will have to be altered while others will The amendment by the gentleman from Americans born in 1992 will face a lifetime net have to be plainly eliminated. The Congress Michigan [Mr. CONYERS] would prohibit the tax rate of 82 percent unless we do something will finally have to come to a conclusion of amendment from going into effect until the to change current tax and fiscal policies. This what its priorities are. Congress had passed a detail resolutionÐa is completely unacceptable. To the senior citizens in my district who are resolution honestly telling the American people Efforts to set spending limits to eliminate the concerned about Social Security, I will sayÐ what that implementation would mean and deficit have failed largely because Congress as I did in 1994Ðthat I am aware of the con- how it would be accomplished. has not had the willpower to enforce them. In tributions you have made to the Social Secu- The amendment by the gentleman from the now infamous 1985 Gramm-Rudman-Hol- rity program and that Social Security should West Virginia, my good friend Mr. WISE, con- lings bill, Congress agreed to balance the be left off the table. We need to balance the tains a provision which I believe has been un- budget by 1991. As it turned out, Congress budget by cutting wasteful, frivolous pork pro- fortunately overlooked in this debate: a sepa- missed its spending target over the 6-year pe- grams and by downsizing government, not by rate capital budget. riod by $737 billion. In 1991, the year the hurting our seniors who have invested in the Mr. Chairman, virtually every State with a budget was supposed to be balanced, the def- Social Security system with their hard-earned balanced budget requirementÐwhether in icit grew from $221 to $270 billion. dollars. statute or in its constitutionÐrecognizes that By the end of the fiscal year 1995, Con- There will be six substitutes to H.J. Res 1 capital investments are unique. They specifi- gress will have missed its agreed on deficit by today. Of the six, the one which I favor most cally allow for a separate capital budget. $1.944 trillion since Gramm-Rudman-Hollings is offered by my distinguished colleague from Most importantly, Mr. Chairman, if it were was passed. Two other times in the past 10 Texas, [Mr. BARTON]. The Barton substitute not for those separate capital budgets they years Congress has agreed to balance the states that Congress may not adopt a budget H 776 CONGRESSIONAL RECORD — HOUSE January 26, 1995 resolution in which total outlays exceed total But this can be waivedÐthat means ig- ability to raise taxes. But we must not let the receipts unless three-fifths of each House ap- noredÐby a simple majority vote. best be the enemy of the good. proves. Also, Mr. BARTON's substitute installs And this has happened time and time again. We may disagree over how much tax limita- a permanent cap on the Federal debt held by The fact is that despite all the statements tion should be included in a balanced budget the public and to break that debt ceiling, the supporting a balanced budgetÐdespite all of amendment, but the only effective amendment House must agree to do so by a super- the laws which require us to balance the is the amendment that passes. majority. Finally, the House must muster a budgetÐwe have done nothing. Failure to pass Schaefer-Stenholm means supermajority to raise taxes. Should the Bar- And why have we done nothing? victory for the big spenders and big taxers that ton amendment fail, I intend on voting for the Because there is no incentive for Members built our annual deficits and put us $4.7 trillion substitute offered by Messrs. SCHAEFER and of Congress to say ``no'' to bigger government. in debt. STENHOLM. While the Schaefer and Stenholm There is no incentive for Members to make I urge my colleagues to join me in keeping substitute does not include the provision that the hard decisions necessary to balance the our word to the people who sent us here, and a three-fifths supermajority needs to be mus- budget. support the Schaefer-Stenholm balanced tered to increase taxes, it does contain provi- The balanced budget amendment is the budget amendment. sions which require supermajorities to in- only way to end this insanity. Mr. MANTON. Mr. Chairman, after serious crease the debt ceiling and to enact deficit A balanced budget amendment would finally consideration of the Barton and Stenholm pro- spending. This is important for two reasons. force Congress to face reality and make the posals to amend the Constitution to require First, the supermajority provisions in Sten- hard decisions it has avoided in the past. Government receipts to equal outlays each holm-Schaefer will help ensure that if the Con- Finally, let me make two other points about year, I rise today in opposition to the H.J. Res. gress deems a spending increase or debt the balanced budget amendment: 1, the balanced budget constitutional amend- ceiliing hike necessary, it will be done, in most First, it has become clear that my liberal ment. instances, in a bipartisan manner and not friends are trying to scare the American peo- I have not come to this decision lightly. I rammed down the minority's throat like many ple by accusing Republicans of wanting to strongly support deficit reduction. However, economic initiatives were in the last Congress. make massive cuts in Social Security. despite my support for fiscal responsibility, I Second, the provisions in the Schaefer-Sten- Let me say that nothing could be farther cannot vote in favor of any plan to strip the holm amendment will force Congress to make from the truthÐthe new Republican majority Congress of the powers bestowed upon this the hard choices and enact real deficit reduc- can and will balance the budget without cut- body by our Founding Fathers. The U.S. Con- tion rather than continuously raising our na- ting Social Security. stitution is a truly remarkable and enduring tional debt levels. For these reasons, I believe For this reason, I am glad that Congress document. More than 200 years ago, a small that the Schaefer-Stenholm substitute is a yesterday passed House Resolution 17. This group of revolutionaries fashioned a blueprint sound solution to enable our country to get resolution prohibits Congress from cutting So- for a free and democratic government which our of and stay out of the red. cial Security to balance the budget. has enabled our Nation to endure two cen- Mr. KIM. Mr. Chairman, I rise today in sup- I can think of no clearer statement of our in- turies of dramatic change and growth in which port of the balanced budget amendment. tent, as the new Republican majority, to pro- we have found answers to the most pressing Before I came to this body, I was a small tect Social Security from the budget cutting and timely problems of our day, which the businessman. In the operation of that busi- axe. Framers could never have anticipated. ness, I always had to follow one simple rule: Second, I have been listening to my Demo- Furthermore, despite empty promises by the I could never spend more than I took in. cratic colleagues criticize us for not saying ex- Republican leadership that Social Security will Unfortunately, some of my colleagues who actly how we intend to balance the budget. never be affected by a balanced budget have never been in the real business world Well, when I was in business, we set the amendment, the amendment clearly does not probably don't understand this, so let me tell goal and then we decided how we were going exempt Social Security from budget cuts, I am you from personal experience what happens to achieve the goal. unconvinced that such a draconian proposal to a business that cannot maintain a balanced A balanced budget is the goal. requiring Government spending to equal re- budget. Once we have agreed on the goal by pass- ceipts would not negatively impact our Na- When I was in business, I almost had to file ing the balanced budget amendment, then we tion's neediest citizens. Senior citizens, chil- bankruptcy once because the bank would not can work together to decide how we are going dren, the poor and the disabled who receive extend my credit. to get there. the lion's share of direct Government pay- I spent many sleepless nights worrying I invite my Democratic colleagues' input on ments would be most at risk. about how I was going to meet my payrollÐ how to get it done. Mr. Speaker, the balanced budget constitu- how I was going to come up with the money But, the critical thing is that we all agree on tional amendment would place these citizen's to keep my business going another week. the goal of a balanced budget first. benefits in peril whenever the Congress is un- If I didn't come up with that money, I would In short, Mr. Chairman, it is time to stop able to responsibly perform its duties as enu- lose everything my wife and I had to our bickering and get to work on what the Amer- merated in the Constitution, ``to lay and collect name. ican people asked us to do last November: taxes, and . . . provide for the general welfare And, unlike the Federal Government, I Balance the Federal budget. of the United States.'' couldn't keep borrowing money endlessly to Thank you, Mr. Chairman. I am proud of my record and that of my col- keep myself afloatÐand I certainly couldn't tax Mrs. WALDHOLTZ. Mr. Chairman, in No- leagues who have joined me in voting for leg- my customers to make up the difference! vember, the American people sent us here to islation to reduce our budget deficit. Next year That is the reality that real Americans who carry out an agenda of change. They said that will be the first year since President Truman have real lives have to face everyday. it was time for Government to live within its was in the White House that the budget deficit Unfortunately, the Federal Government has means by ending runaway spending and bal- has fallen for 3 straight years. The progress never had to live by these same rules: ancing the budget. we have made is a testament to the success For 33 out of the last 34 years, the U.S. The American people want results. this House can have when we responsibly Government has spent more than it took in. The passage of the Schaefer-Stenholm bill consider deficit reduction. Balancing the budg- The result? A national debt of over $4 tril- will give Congress the fiscal discipline that it et can not be achieved by way of one simple lion. has repeatedly demonstrated it lacks and the vote on a balanced budget amendment to the To put that number in perspective, that is American people the change that they de- Constitution. It will require careful and difficult over $18,000 for every man woman and child mand. choices. I look forward to working with my col- in this nation. Yesterday, we voted to reaffirm our commit- leagues to ensure fiscal responsibility does not In response to this situation, politicians have ment to our older Americans that we will not come at the price of protecting our citizens. promised year after year that Congress is use Social Security to balance the budget. Mr. HASTINGS of Washington. Mr. Chair- going to do something about these runaway But we must also act today to protect our man, a recent ABC News/Washington Post deficits. children, and put an end to this institution's poll showed that 80% of Americans support a In fact, Congress has gone so far as to unforgivable habit of spending our children's constitutional amendment to balance the fed- pass several laws requiring that Congress future by running up debts they will have to eral budget. The result is hardly surprising. achieve a balanced budget. pay. Our $4.6 trillion national debt and $200 billion One example of such a law is the 1986 I voted for the Barton amendment, and I be- budget deficit continue to grow. Yearly interest Gramm-Rudman Deficit Reduction Act. lieve we should have further limited Congress' payments top $225 billion. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 777 The concept of a balanced budget is just I intend to vote for a balanced budget We can no longer tolerate mere promises of plain common sense. 43 state governmentsÐ amendment which takes Social Security com- fiscal restraint. To do so would saddle our chil- including my own state of WashingtonÐnow pletely off-budget. The workers and employers dren, and children's children, with uncontrol- must live within their means. In 1993 the vot- who have paid into this system have a trust lable and runaway deficits. A constitutional ers of my state revolted against excessive and contract with their government to make amendment forces Congress to act respon- government spending and capped the rate of sure these benefits are there upon retirement. sibly. growth of state spending. The time has come Enacting a balanced budget amendment will My belief in the importance of an amend- to apply this common sense principle to the ensure that as we enter the 21st Century, our ment is so strong that if the Barton three-fifths federal government. goal will be to begin to pay down our enor- amendment does not pass, I will support the While a balanced budget amendment must mous national debt and keep government Schaefer amendment. be passed now, let's be very clear. More taxes spending in check. It will require Members of I do so, Mr. Speaker, because there is no will not reduce the deficit. The last Congress Congress to make the difficult choices they alternative to a constitutional balanced budget argued that more taxes were the answer when can now avoid more easily, with the force of amendment. Adoption of this amendment is they imposed the largest single tax increase in law making it mandatory that we balance our long overdue. I encourage my colleagues to American history. What do we have to show federal budget. vote in favor of this constitutional amendment. for it? Well, the Congressional Budget Office The House is considering six amendments Mr. QUINN. Mr. Chairman, I rise today in reports that the deficit will actually increase by dealing with a balanced budget, and I intend strong agreement with my colleague from New $2 billion this year and another $13 billion next to vote for three of them which all accomplish York, Congressman GERRY SOLOMON, who year. Tax revenues have actually fallen as tax the goal of amending our Constitution to re- yesterday called the balanced budget amend- rates have increased. quire a balanced federal budget. However, un- ment, ``the most important matter the House So what is the cure for our deficit spending like the provision sponsored by the Repub- will address during the 104th Congress.'' disease? Pure and simpleÐcut spending in licans in their ``Contract with America,'' the The important thing to remember today is some programs, eliminate others, and limit the proposal I favor will take Social Security off- that I am here at the request of my constitu- rate of growth for still more. And let's be clear, budget in order to protect it, and require only ents who overwhelmingly support this historic we can do this without touching Social Secu- a majority to raise taxes in order to achieve a legislation. rity. Mr. Speaker, let's let the people who elect- balanced budget amendment. As an advocate of fiscal responsibility, I ed us know that we are listening to their The Stenholm-Schaefer bipartisan amend- have been fighting for a balanced budget voices. Let's pass this Balanced Budget ment is identical to one which I have sup- amendment since I ran for Congress more Amendment today. ported in recent years, and one which came than 2 years ago. Mr. COSTELLO. Mr. Chairman, I rise today close to passage during the 102nd Congress. Implicit in this legislation is a measure to rein support of a Balanced Budget Amendment It has been the primary legislative vehicle in quire that a balanced budget amendment is to the United States Constitution. I have long recent years, unlike the amendment spon- achieved without touching the Social Security supported a balanced budget amendment and sored by Congressman Barton of Texas. The trust fund. We must leave Social Security have voted in favor of it since I came to Con- Barton amendment requires a 3/5 alone. gress in 1988, and it is my hope that we will supermajority to raise taxes, which I believe is Time and time again, Congress has failed to have the two-thirds majority necessary to pass only a further attempt to shield the wealthy summon up the courage to attack spending. it this year. from higher taxes should they be needed to This constitutional amendment makes courage Our Constitution contains several provisions reduce the deficit. Why should Congress enact the law and forces us to get our financial which dictate how Congress can both raise a provision which will make it even more dif- house in order. revenues and spend public funds from our ficult to ask those who make $1 million or In addition to the balanced budget amend- federal budget. However, there is no provision more to contribute their fair share to a bal- ment, we also need the line-item veto and leg- in our Constitution which dictates that the anced federal budget? We should not, and islation prohibiting unfunded mandates. By en- budget must be balanced. that is why I oppose the Barton substitute. acting all of these proposals, we can help re- This amendment will require that the Con- Mr. Speaker, my hope is that one year from duce the deficit and make a start on balancing gress spend no more than it receives in reve- today, the U.S. Congress will be working on the budget. nues each year. This will put at least a halt to its new federal budget with this balanced I supported the Barton substitute with the the exploding debt which has overtaken our budget provision written into the Constitution. three-fifths tax limitation provision because I federal budget. In 1995, Americans will pay If we can pass this amendment this month, think it is the best approach to make it as dif- $213 billion in interest alone on a total national and the Senate follows suit, the legislation ficult as possible to raise taxes to balance the debt of $4.7 trillion. then goes to the states for ratification. It is my budget. Raising taxes simply lifts the burden As most Americans know, because of our hope that we can end this budget deficit mad- off of Congress and places it on the backs of government's spending habits, we have to ness and return our nation to fiscal sanity. For hard-working, American taxpayers. borrow every year just to make our interest the sake of future generations, which will al- As the Hamburg Town Supervisor, I was re- payments on this debt, which only serves to ready pay a larger share of the burden of quired by law and by my constituents to bal- increase this same debt every year. This year, overspending in the 1980's, we owe them this ance the town budget each and every year. we will borrow $176 billion to meet our federal amendment. The American people are calling on us to bal- government's spending needs and pay interest I urge my colleagues to join me in support- ance the Federal budget, and we can respond on the national debt. It's as if every year we ing the Stenholm-Schaefer balanced budget with this law requiring us to do just that. charge the interest due on our Visa debt to amendment to the Constitution. Local governments are forced to balance our Mastercard! Mr. THOMAS. Mr. Chairman, the House is their budget. State governments are forced to The amendment I favor would balance the considering a vote on a constitutional bal- balance their budget. Yet the Federal Govern- budget by the year 2002 while at the same anced budget amendment. The amendment ment has failed to balance the budget since time protecting our Social Security system. included in the Contract With America also re- the Johnson administration. Social Security, now 60 years old and quires a three-fifths supermajority vote to in- We must always keep in mind that we are healthier than ever, is one of our most suc- crease taxes and the debt limit. I whole- the representatives of the people. As such, we cessful government programs. Currently, our heartedly support the bill and voted for it. must listen to the voices of Americans. Their Social Security program takes in more than it A constitutionally balanced budget amend- voices are loud and clear. Pass the balanced pays out in benefits, giving it a surplus and ment is the only viable mechanism for resolv- budget amendment. hiding the real size of the budget deficit. ing the deficit issue. Other efforts at fiscal re- Mr. FILNER. Mr. Chairman, as we delib- I favor taking our entire Social Security pro- straint by Democratic controlled Congresses erate today on the issue of adopting a con- gramÐboth benefits and incoming revenuesÐ have failed miserably. I served on the House stitutional amendment to require a balanced totally off-budget. That way, we have an hon- Budget Committee for 6 years; I know first- budget, I wanted to share with you a particu- est trust fund where the money used to pay hand the games that have been played in larly thoughtful letter I received from a con- benefits sits in a separate, interest-bearing ac- Congress to get around our own rules. I wit- stituent. As you will see, this American patriot count and where surpluses are not used to fi- nessed numerous revisions of Gramm-Rud- does not have any vested interest at heart, ex- nance deficit spending in the rest of the budg- man, designed to reduce Government red ink. cept our national interest. et. The record speaks for itself. They failed. This gentleman wrote: H 778 CONGRESSIONAL RECORD — HOUSE January 26, 1995 I am a retired Navy Commander, flew in warning the Congress and the administration tem? How can the budget be litigated? What Vietnam, Beirut, Libya. Had a marvelous ca- against caving in to fiscal pressure that could macro and micro economic effects would liti- reer. I have never written my Congress- lead to higher inflation. ``History is replete with gation encompass? And most important, what person. The full extent of my political expression is that I run one of the polls in my examples of fiscal pressures leading to mone- happens to the economy as the Federal budg- town. tary excesses and then to greater inflation,'' et is being defined and controlled by the I want you to know that I could not feel Greenspan declared yesterday. He charged courts? Can we afford that as an outcome? more strongly in favor of Public Broadcast- Congress with the task of keeping the Federal Can we risk to tying our own hands, perpet- ing. budget deficit at bay. uating inaction and an inability to respond to Please be very careful as you and other That is what this is all about yesterday and a recession plagued U.S. economy because of fine men and women who represent me at- today on the House floor. It is clear that Social a balanced budget amendment, inevitably tempt to put the Nation’s budget in order. It is not easy and I advise against simplicity. If Security will not be harmed by the adoption of leading to further economic decline? it was easy, my fellow democrat patriots a balanced budget amendment; indeed it will Mr. Chairman, we must look at the constitu- would have done it already. only be strengthened. Congress and the tional balanced budget amendment as yet an- The quality of our culture needs to be States must pass and ratify the balanced other process fix proposed to be enshrined in raised not lowered, and I’m using the word budget amendment, to make it harder to raise the Constitution. Such a measure promises to culture in its broadest sense. I’m not asking your taxes and in order to protect your Social answer deficit problems tomorrow instead of for ballet and symphonies, I’m asking you to Security benefits. today. What we must work for together is sub- support the free expression of factual report- Thank you. stantive action now for meaningful Federal ing on radio and TV. The charge that the Corporation for Public Mr. VENTO. Mr. Chairman, I rise to express budget cuts, changing budget priorities, and a Broadcasting is elitist is probably true. In my serious concerns and my opposition to the refocusing of our national commitments in the the same sense that the finest, highest qual- various proposals being considered by this real world. Making decisions about reductions ity of anything is elitist. That is where my House to amend the U.S. Constitution, the law in important programs is not a simple task. Of Navy always aimed to be. And that is the of the land, the most important basic docu- course, we don't agree as to what constitutes stock in trade of USMC. So be careful and ment in our nation's history and its future, with an unnecessary or lower priority expenditure don’t be sloppy. Yours very truly * * *. a balanced budget constitutional amendment. within our national budget. Day after day, This thoughtful letter points out the danger I am deeply concerned about our budget week after week, month after month, we must of simplistic solutions. I urge my colleagues to deficit, especially its explosive growth the past vote for change to establish a policy path take this suggestion to heart. 15 years which looms over the future of our which will achieve rational budgets, hopefully Yes, we must balance the budget. But let us children and the future health of our economy. with less deficit and in the end a balanced accomplish this worthwhile goal in a planned Throughout my career, I have supported nu- budget. Congress must deal with fiscal ex- and systematic manner, not with slogans nor merous efforts aimed at streamlining the Fed- pendituresÐspendingÐand tax expendi- by amending our Constitution. eral Government, reducing spending, eliminat- turesÐtax giveaways. Congress should not Mr. DICKEY. Mr. Chairman, the inflated ing waste, and responsibly increasing reve- lock in the existing tax code with special pro- scare-tactic rhetoric on the House floor yester- nues in an equitable way. I support a bal- tections for the special interests, no more than day and today is really incredible. Social Se- anced budget but not an amendment to our we should foreswear cuts in military or other curity is a social contract that will not be al- basic document, which is more symbolism for spending categories. Carried to its conclusion, tered in order to balance the budget. However, today and postponing action until tomorrow superimposing such limitations on top of a liberals continue to scare senior citizens about with yet another budget process response. constitutional balanced budget amendment the alleged impacts of the Congress passing, Amending the Constitution for any matter could well return our form of government to a and the States ratifying, a constitutional must be more than just a slogan. It certainly weakened confederation of States. amendment to require a balanced Federal shouldn't be a token soundbite for the nightly The consequence of writing into the Con- budget. Social Security is off the table when it news or for mere political posturing. Without a stitution an inflexible and unclear budget proc- comes to balancing the Federal budget. balanced budget plan and the political will to ess may well result in much more harm than No one should forget, it was the Democrat- act on such a plan, this balanced budget good, and unlike a bad law, will be very dif- controlled Congress which last year votedÐ amendment is just that: a quickie fix for instant ficult to correct. Mr. Chairman, it's clear that without a single Republican voteÐto increase gratification that will place the nation in a fiscal the past decade of federal budget process taxes on Social Security benefits. The Con- straight jacket. laws promised far more than they performed tract With America calls for the repeal of that Even with the best of intentions a balanced or delivered: hence the skepticism, yes, even onerous tax, and will increase the amount of budget amendment will not deal with today's intense cynicism today. This constitutional bal- money seniors may earn without their benefits budget decisions or the exponential growth of anced budget amendment, if enacted, could being reduced. problems and policy choices in the future. Cre- well result in yet one more unfulfilled promise Yesterday, we overwhelmingly adoptedÐ ative actions for circumvention, gimmicks, and and the continued political blame game or, 412 to 18Ða resolution (H. Con. Res. 17) to shifting economic assumptions is illustrated by conversely, it could significantly disable the further state our commitment that bringing the the recent debate over ``dynamic budget scor- strongest free democracy and economy on the Federal budget in balance over the next 7 ing'' and such tampering may well become the face of the earth. These are real risks to which years must not involve reducing Social Secu- preferred alternative and would not be pre- the Congress should not choose to expose rity benefits or increasing Social Security vented even under a balanced budget amend- our nation. Amending the Constitution after all taxes, regardless of which version of the bal- ment. In fact the amendment specifically em- is no substitute for the political constitution anced budget amendment we adopt. That's a powers Congress to implement this constitu- that Federal lawmakers must practice to de- commitment I have previously made and I tional amendment. Shifting dates, postponing liver the results of a balanced budget. I urge vote to reaffirm. liability, scoring, redefining credit and capital my colleagues to oppose these amendments The liberals are resisting a strong balanced expenditures, are but a handful of creative leg- to avoid an uncertain, unpredictable measure budget amendment because it would inhibit islative possibility that could frustrate the bal- that would not only alter our Constitution but their ability to continue the spending addiction anced budget requirement. In addition, most of would likely inexorably alter the balance of that has been their hallmark over the past 40 the measures proposed invite circumvention powers in our Nation. years. They refuse to admit that the exploding by Presidential finding and a Congressional Mr. MCDADE. Mr. Chairman, passage of the Federal debtÐnow $4.6 trillionÐposes the voteÐbut who will arbitrate and what are the balanced budget amendment sends a clear greatest threat to Social Security and all other enforcement mechanisms? It is clearly dem- message to the American people that Con- Federal programs if it is not brought under onstrated that what is certain to be produced gress will exert the fiscal discipline necessary control. The balanced budget amendment, by such an amendment is even greater public to cut spending and end deficit spending. with a three-fifths requirement to increase cynicism toward the Congress and Federal There can be no doubt about the need for taxes, is needed to discipline Congress to cut Government. this measure. The national debt exceeds $4.7 spending without raising taxes. That is my The simplicity of this constitutional solution trillion. The share of that debt is $13,000 for commitment. is its greatest fault. None of these amend- every man, woman and child in this country. It is ironic that the liberals' attempt to stall ments state how the task is accomplished. I There has been a Federal deficit for 57 of the or defeat a strong, meaningful balanced budg- have many serious questions, questions such last 65 years, and the last 25 years in a row. et amendment comes at the same time Fed- as: What are the enforcement mechanisms? Interest on the debt is now the third largest eral Reserve Chairman Alan Greenspan is What is the appropriate role of the court sys- single item in the Federal budget. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 779 The balanced budget amendment provides priorities. It is about accountability. It is about be tragic if we missed this opportunity to stop a long-term solution to our long-term problem. fiscal responsibility. the current practice of passing our debt on to It is a necessary enforcement tool for reaching I fully support the contract's balanced budg- our children and grandchildren. balanced budgets. Other legislative methods et amendment that includes the three-fifths tax If Congress was forced to be fiscally re- have been tried and failed. If we do not act, limitation provision. I have voted for it in the sponsible by a constitutional requirement to the result will be large deficits harmful to our past; I am an original cosponsor; and I am balance the budget, funds would be freed-up economy, increasing dependence on foreign committed to passing the strongest tax limita- that currently go toward servicing the debt. In capital and a lower standard of living for our tion amendment possible. We need to perma- this current fiscal year, $230 billion will be re- children and grandchildren. nently shift the predisposition of our Federal quired to pay interest on the national debt. If The amendment will force Congress to legislature away from raising taxes and toward the President and Congress formulated a bal- make the tough decisions that will result in fiscal responsibility on the spending side of the anced budget, the $230 billion could be spent lower deficits and transform the way Congress equation. on important programs like education & train- deals with Federal spending. The Budget But, while each Member could write his or ing, national security, and veterans concerns. Committee is currently developing a 5-year her own ideal version of a balanced budget We could even use these funds for a tax re- budget resolution which will set the Govern- amendment, we should not let the perfect be fund to hard working Americans. ment on a path to a balanced budget. the enemy of the very good. I will strongly The legislation before us is a prudent meas- Some opponents of the amendment are try- support and push hard for the three-fifths tax ure, phased in over a number of years, to pro- ing to scare senior citizens into believing that limitation version. In the end, however, we vide the fiscal discipline so desperately need- it will ultimately lead to cuts in Social Security. must vote for a balanced budget amendment ed by the United States. The Barton substitute That is just not true. Republicans have made that can get two-thirds of the House and the includes a number of key provisions that must it clear that Social Security is off the table. Senate to vote for it, then the States to ratify be adopted to ensure the integrity of a bal- it. The budget can be balanced in the next 7 anced budget process. Without the three-fifths We must pass the strongest possible meas- years without touching Social Security. majority necessary to raise the deficit, raise ure. If it isn't the Barton three-fifths super- A balanced budget amendment will actually taxes or raise the debt ceiling, Congress will majority vote for tax increases, then it must be protect each American's investment in Social not have the impetus to set policies within the the Schaefer substitute. This leaves intact the constraints of Federal receipts. Again, the Security. By balancing the budget, no addi- underlying principle of a balanced budget and tional Government bonds will have to be is- problem is setting priorities. The Barton imposes stronger tax limitation language than amendment provides the sound fiscal dis- sued to finance the deficit. Consequently, current law. All other alternatives lack the there will be no more borrowing from the trust cipline needed to avoid the economic pres- teeth to bring the budget into balance. sures created by deficit spending, and should funds, which truly protects the future of our We have pledged to the American people Nation's retired citizens. be strongly supported by the House. that we will deliver on our promise to send a If Congress and the President lack the cour- This Congress is serious about the prom- balanced budget amendment to their State ises that were made before the election. The age to make the tough decisions needed to legislators. Let us deliver that promise with the control deficit spending, we ought to at least balanced budget amendment is just one more strongest possible measure. Let us enshrine in have the decency to pay our own bills, rather step toward making the Federal Government the Constitution the fundamental principle that than asking our children to pay our bills. A more responsive to the American people. current generations must not be able to bur- constitutional amendment to balance the Mr. KOLBE. Mr. Chairman, this is a defining den future generations with excessive debt. budget is the only way we can prevent a fi- moment of truth for Congress, the American Mr. EVERETT. Mr. Chairman, I rise today in nancial legacy of disaster for our children and people, and the Contract With America: con- strong support of the balanced budget amend- grandchildren. I urge all Members to support sideration of the balanced budget amendment ment to the Constitution. Amending the U.S. the Barton amendment. to the U.S. Constitution. Why? Because today Constitution is a serious matter, and one that Mr. BUYER. Mr. Chairman and my col- we will put down a marker for fiscal respon- I take seriously. It is unfortunate that Congress leagues, Thomas Jefferson observed over 200 sibility for generations to come. Today we will must resort to such a drastic measure, but years ago: approve a balanced budget amendment. what is more unfortunate is the fact that Con- Working with the mandate voters gave to The question of whether one generation gress cannot control it's propensity to spend has the right to bind another by the deficit Republicans last November, the new Con- more than the Nation takes in. This habitual it imposes is a question of such fundamental gress is committed to aggressively examining spending has created a national debt ap- importance as to place it among the fun- every function of the Federal budget, looking proaching nearly $5 trillion; debt that we will damental principles of the government. We for ways to make Government smaller, less in- pass down to our children and our children's should consider ourselves unauthorized to trusive, smarter and more efficient. The bal- children. saddle posterity with our debts, and morally anced budget amendment is a critical element Many organizations and interest groups bound to pay them ourselves. in this process. It's the starting gun that puts have come out in opposition to the idea of a Congress has lost its political morality. us in the 7-year race to a balanced budget. balanced budget amendment, claiming that Passage of this amendment to require a We all know that chronic deficits threaten important Federal programs will be harmed balanced budget amendment is long overdue. our Nation's long-term prosperity. And we all and that future economic growth will be ham- Our fiscal house is not in order and it will know that our short-term interests all too often pered. These groups have even resorted to never be in order until Congress puts a stop lie in spending more on the demands of var- scare tactics directed toward the elderly, to its habit of spending more and more of the ious special interests. When faced with de- claiming the Social Security Trust Fund will be taxpayers' money. Congress cannot continue mands for more spending and less taxes by robbed; this couldn't be further from the truth. to spend, spend, spend, and hand the bills to competing interests, Congresses and Presi- These claims are not only ridiculous, but are our children and grandchildren. dents have taken the easy way out by borrow- unfounded. These claims should certainly be The budget has not been balanced in 25 ing more money. The balanced budget satisfied after yesterday's vote (H. Con. Res. years. The accumulated debt of the Nation amendment corrects this bias by creating im- 17), where nearly the entire membership of has skyrocketed to over $4 trillion dollars. If mediate political and economic consequences this body voted to specifically protect Social the existing rules cannot force fiscal sanity on for running a deficit. Security from budget cuts. the Congress, then the rules must change to Living off a giant credit card and sending Other nay-sayers claims that specific spend- impose discipline on Congress. This is why we the bill to the next generation is a form of taxing cuts must be outlined before we agree to need a balanced budget amendment. ation without representation in a very real a mandatory, balanced budget requirement. The Nation should do what every Hoosier sense. We are borrowing money from future Again, the opponents fail to understand the family in my district must doÐlive within its generations, laying national indebtedness at seriousness of the financial calamity facing the means. The people in my district believe that the feet of our children's grandchildren, all for Nation. A balanced budget amendment is not the Federal Government spends too muchÐ continued deficit spending which may reelect about specific spending cuts, but about fixing and they are right. The problem is not tax- Members tomorrow, but cripples our children's a broken process. A balanced budget amend- ation, the problem is spending. Over the past future. Farmers, laborers, merchants and fami- ment to the Constitution is required because 30 years, revenues as a percent of gross do- lies of tomorrow should not have to bear the Congress and the White House, unlike most mestic product have consistently ranged be- burden of our spending decisions today. The American families, lack the fiscal discipline to tween 18 percent and 19 percent. Federal rev- balanced budget amendment is about setting live within the constraints of a budget. It would enues increased from $606 billion in 1981 to H 780 CONGRESSIONAL RECORD — HOUSE January 26, 1995 over $1 trillion in 1989. Spending, however, as budget amendment passes. My State will also like education, child nutrition, job training, a percent of GDP has steadily risen from 18 bear a $1.2 billion per year loss in funding for community development, and transportation. percent of GDP in fiscal year 1962 to almost education, job training, the environment, hous- Pittsburgh area residents in my district can 24 percent of GDP today. This is why it is ing, and other crucial programs. expect to pay between 15 and 20 cents more necessary to hold the line on tax increases. I am not ashamed to stand before you on in transit fares. Pittsburgh Children's Hospital The average American family works until May the floor of the House of Representatives to will have to reduce services as a result of of each year just to pay its taxes. The limita- fight for federally backed social service pro- major cuts in Medicaid. Pittsburgh residents tion in this amendment is there in order to pre- grams. Need I remind my colleagues that will pay higher State income taxes as a result serve freedomÐit is in the spirit of the Bill of those programs are essential to communities of cuts in direct Federal aid to Pennsylvania, Rights which limits Government's ability to im- in each and every one of your districts? The which equaled 26 percent of the State's total pose restrictions on a citizen's right to speech, 18th district of Texas is one of the most di- budget in 1992. assembly, religion, and petition of grievance. verse in the Nation. I am proud to be a voice Cuts in domestic programs will hit those We cannot continue to have Americans work- for the people of my district whose very liveli- Pennsylvania residents with the greatest need. ing harder and harder, yet more of the deci- hoods depend on these programs. Few may The Children's Defense Fund has estimated sions on how their money is spent are made stop to realize that while low- and middle-class that in Pennsylvania 77,500 babies, pre- in Washington and not around the kitchen families receive most of their Government schoolers and pregnant women would lose in- table. benefits through programs, wealthy individuals fant formula and other WIC nutrition supple- Many of my colleagues would like a road and large corporations receive most of their ments, that 264,400 Pennsylvania children map of how to get to a balanced budget be- Government subsidies through tax benefits. would lose Medicaid health coverage, and fore voting on one. This is a little of placing How different are these concepts? Do they 292,600 Pennsylvania children would lose free the cart before the horse. The bottom line is not, in the end, serve the same purpose? or subsidized school lunches. whether or not one believes that the budget Mr. Chairman, I ask my colleagues to care- These are not exaggerated predictions of should be balanced and that Congress should fully reflect before casting their votes on this the sacrifices to accompany a balanced budg- manage the budget within the means of the monumental piece of legislation. et amendment under the new Republican ma- citizens. Let's not divert the debate from the Mr. COYNE. Mr. Chairman, the proposed jority. The level of cuts required in programs principles involved. balanced budget amendment fails to provide serving American families and local govern- Deficit spending is the greatest threat to So- an honest accounting of the sacrifices to be ments is evident in the budget priorities al- cial Security. Net interest on the national debt ready outlined in limited detail by the Repub- required of the American people. has grown from 8 percent of Federal spending lican majority. I want to note my strong opposition to this in 1980 to 15 percent in 1995. Every dollar The Republican majority has taken fully half balanced budget amendment proposal. This spent on interest is a dollar that cannot be of the Federal budget off the table for any proposed amendment to the U.S. Constitution spent on other programs no matter how wor- budget cuts. Social Security, defense, and in- provides only a fiscal placebo instead of a thy. In addition, if Social Security has a spe- terest payments on the debt either will not or honest and realistic plan for reducing the Fed- cific exemption, it would become the funnel for cannot be cut. The Republican majority would eral deficit. I support a balanced budget but spending on other nonrelated programs to subject less than half the Federal budget to this can only be achieved by enacting tough avoid the balanced budget requirements. Con- the full impact of a balanced budget amend- and balanced deficit reduction plans, like the gress would be enticed to raid the trust fund ment. Only Medicare, Medicaid, education, 1993 economic plan that has served to reduce to pay for pet programs. grants to State and local governments, and re- Congress has not demonstrated the political the deficit for 3 straight years in a row. maining Federal programs would be open for morality to curb its appetite for spending. It is It should be no surprise to the Members of cuts of up to 30 percent by the year 2002. time to give Congress some backbone to Congress that a majority of Americans have I agree that Social Security should be pro- make the hard decisions. It is time for this indicated their opposition to a balanced budget tected from budget cuts because of the debt amendment to be adopted. amendment. The truth is that the American we owe to older Americans who worked to Ms. JACKSON-LEE. Mr. Chairman, It is no people are learning about the sacrifices that make this country what it is today. It must be secret that Americans benefit from Federal will be required of working and middle-class noted, nonetheless, that Republicans will not programs. Social Security, Medicare, Veter- families under the budget plans being crafted vote to back up their promises of protecting ans' Pensions and Compensation, Aid to Fam- by the Republican majority. They are agreeing Social Security with a specific guarantee. Sen- ilies with Dependent Children, and student with the Republican majority leader who stated iors in the Pittsburgh area are calling my office loansÐthese are all essential programs from that ``knees would buckle'' if people under- to demand that guarantee because they do which many segments of our population bene- stood the painful cuts required under the Re- not trust the Republican majority to keep their fit. These programs are certain to be on the publican majority's plans to reach a balanced promises of protecting Social Security. chopping block if a balanced budget amend- budget. I do not agree, however, that defense ment passes, an outcome that many Ameri- The Majority leader's statement explains spending should be exempt from any cuts, es- cans, clearly, are not expecting. why the Republican majority is using their con- pecially since the $270 billion fiscal 1995 de- In one survey, three out of five Americans trol of Congress to hide the truth about this fense budget alone will nearly equal the entire opposed a balanced budget amendment that balanced budget amendment. They have $276 billion budget for all nondefense discre- requires a 20 percent cut in spending on enti- voted in committee and on the floor of the tionary spending this year. This is not fair to tlement programs. In the same survey, 7 out House to keep the American people from hard-working Americans who are being asked of 10 Americans opposed cutting spending on learning how their planned budget cuts will af- to sacrifice under a balanced budget amend- Social Security, Medicare, and Medicaid to re- fect family pocketbooks across America. They ment. duce the Federal deficit. want to hide the truth that Americans will pay The truth is that the Republican majority Data compiled by senior advocacy groups more out of their own pockets for education, plans to increase defense spending even shows that passage of the balanced budget transportation, and health care. Taxpayers will while slashing into funding for all other Federal amendment could mean a 12-percent cut in pay more in local and State income and prop- programs. News reports indicate that Repub- benefits or the loss of more than $1,000 per erty taxes as Federal assistance to States and lican Budget Committee guidelines call for in- year for the average beneficiary. Additionally, communities across America falls under the creasing defense spending by $10 billion next more than $420 billion could be cut from these budget axe. year while cutting $22 billion from domestic health care programs over 5 years, according It is often said that the devil is in the details. programs like Head Start, medical research, to a study done by Families USA. Well, some of the details can be found in the national parks, and school lunches. Americans It is projected that the Medicare program, Contract With America which calls for bal- have a right to know that education, health, which provides health insurance to the Na- ancing the budget by 2002 while cutting some transportation, and other domestic programs tion's elderly and persons with disabilities, taxes. Budget experts estimate that doing so will all be cut even more so that defense would suffer the largest dollar cut of any Fed- without cutting Social Security or defense spending can be increased in a post-cold-war eral program. This is because Medicare alone spending or raising taxes would require slash- world. will account for 18 percent of the Federal ing all other Federal expenditures by 30 per- Middle-class and lower-income Americans budget by the year 2002. The State of Texas cent. If efforts are made to protect Medicare or also have a right to know that the new Repub- alone will receive at least a $2.5 billion a year veterans programs, then the level of cuts lican majority would exempt the most affluent loss in funding for Medicaid if the balanced would be even greater for remaining programs citizens of our Nation from much of the budget January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 781 sacrifices required of others. The richest in our extraordinary burden of proof and that step olution 1, the joint resolution just society would be protected from paying any should not be taken lightly. passed. additional taxes even if that means more dra- However, if that argument does not con- The SPEAKER. Is there objection to conian cuts in programs serving low- and vince his colleagues, this Member would ask the request of the gentleman from New moderate-income Americans. The new major- them to consider the pragmatic argument York? ity would enshrine in the U.S. Constitution a against a three-fifths majority. The three-fifths There was no objection. requirement that any tax increase be approved tax provision will doom the balanced budget f by a super-majority vote of the House and amendment to failure. Senate. Even if the Senate and a conference com- FULFILLING A DEMOCRATIC CON- These are the devilish details behind the mittee would approve the three-fifths provision, TRACT TO PRESERVE SOCIAL proposed balanced budget amendment. Mid- a step that is extraordinarily unlikely, it is very SECURITY AND MEDICARE dle-class and low-income Americans can ex- clear already that it would keep three-fourths (Mr. KENNEDY of Rhode Island pect to feel the full brunt of the program cuts of the States from ratifying it. asked and was given permission to ad- required to balance the Federal budget by This Member also wants to make it more dress the House for 1 minute and to re- 2002. If this fiscal straitjacket is enforced, the difficult to move toward a balanced budget vise and extend his remarks.) American people must also understand that simply by increasing taxes, believing that ex- Mr. KENNEDY of Rhode Island. Mr. the Federal Government may not be able to penditure restraints must be the primary focus Speaker, many freshmen were elected help their community in times of economic cri- of our actions, as demonstrated by the fact to the 104th Congress to fulfill their sis or natural disaster. A committed minority that this Member voted for a House rules party’s Contract With America. The would be able to use this proposed amend- change on January 4 which required a three- people of the First Congressional Dis- ment to block even the most vital Federal re- fifths vote for raising corporate or individual in- trict of Rhode Island sent me to Wash- sponse to the needs of the American people. come taxes. That restraint imposed for the ington to fulfill a contract that has There are some, of course, who say that a 104th Congress is, by majority vote, an appro- been around a lot longer than the Re- balanced budget will not be enforced. They priate action for current fiscal or budgetary publican Contract With America. It say that Congress will use the super-majority conditions, and will stay in place as long as was the Democratic Contract With loophole in the amendment to continue adding there is a like-minded Republican majority in America that was forged with Social to the Federal debt. It is worth noting that the the House. However, such a three-fifths super- Security and Medicare for our senior Republican majority leader of the Senate has majority voting requirement does not belong in citizens. compared a balanced budget amendment to the U.S. Constitution, and this Member will This is the Contract With America, Prohibition. It may not stop America from defi- vote for the Schaefer amendment which at- this is the American contract with our cit spending but it will focus attention on the tempts to delete the requirement from the leg- senior citizens, that I pledge to fulfill spending. islation which has been reported to the House in my term here in the 104th Congress. I must remind Members of the House that floor for a vote. This Member regrets that the Mr. Speaker, the highlight of the Contract amending the U.S. Constitution, the foundation Istook amendment was not made in order. with America is the balanced budget amend- of our Nation's liberty and democratic prin- The Istook amendment has much merit and ment. Unfortunately, this document fails to ciples, is serious business. Our country's ex- would have appealed to the supporters of the provide any insight as to the impact it may perience with Prohibition led to increased dis- three-fifths requirements. have on the American people. Subsequently, I respect for the rule of law and I fear the same Mr. Chairman, this Member's vote will be for had the Department of Treasury provide me will be true of a balanced budget amendment. the kind of balanced budget amendment that with data calculating the impact on Rhode Is- We risk debasing the U.S. Constitution itself if has some chance of successfully emerging land of achieving a balanced budget by 2002 the American people perceive that a balanced from the Congress and being ratified by three- in conjunction with the tax breaks contained in budget constitutional amendment is not worth fourths of the States. The three-fifths vote re- the Contract. Here is how Rhode Island would the paper it is written on. quirement to raise taxes would condemn the be affected: Mr. Chairman, balancing the budget will re- balanced budget amendment to failure. Mem- No. 1, a balanced budget amendment would quire tough votes and does not require revi- bers, now is the time to actually pass a bal- reduce annual Federal grants to the Rhode Is- sions in the U.S. Constitution. Congress anced budget amendment and put it before land State government by $430 million: $255 should reject the proposed amendment but if the States for ratification, and that is what this million per year in lost funding for Medicaid; it is to be approved, I believe strongly that the Member is doing with his vote. $42 million per year in lost highway trust fund American people have a right to know the Mr. Chairman, this Member strongly be- grants; $23 million per year in lost funding for truth about the sacrifices they will have to lieves that all Members who support a bal- AFDC; and $109 million per year in lost fund- make under the proposed balanced budget anced budget amendment must work together ing for education, job training, the environ- amendment. on the common goalÐto get a balanced budg- ment, housing, and other areas. Mr. BEREUTER. Mr. Chairman, now is the et amendment passed by the House and Sen- Rhode Island would have to increase State time to put before the States a responsible ate that really will be ratified by three-fourths taxes by 21.4 percent across the board to balanced budget amendment that will be rati- of the States. make up for the loss in grants. fied. This Member is pleased that there is Mr. Chairman, this Member has witnessed No. 2, a balanced budget amendment com- such strong support for a balanced budget the positive effect of such a constitutional re- bined with the ``Contract'' tax cuts would re- amendment to the Constitution. There are quirement to balance the annual budget when quire even deeper spending cuts, thereby re- many ``Johnnies Come Lately'' to this issue serving in the Nebraska legislature. ducing annual Federal grants to Rhode Island among Members of CongressÐlong-term in- It became apparent to this Member early in State government by $590 million: $350 mil- cumbents and newly elected Members, but his congressional career that fundamental, in- lion per year in lost funding for Medicaid; $58 this Member welcomes their effort in getting a stitutional changes are needed to avoid deficit million per year in lost highway trust fund balanced budget amendment ratified. This spending. A constitutional amendment requir- grants; $32 million per year in lost funding for Member has been a cosponsor of a constitu- ing a balanced budget would provide the AFDC; and $150 million per year in lost fund- tional amendment to balance the budget since Members of Congress collectively with the ne- ing for education, job training, the environ- 1981, and has voted for them on every in- cessity to either say no, limit proposed in- ment, housing and other areas. stance that they have reached the House creases, or force decreases in order to meet Rhode Island would have to increase State floor. the spending limitations. Congress cannot re- taxes by 29.3 percent across the board to Mr. Chairman, this Member would also like sponsibly leave this legacy of debt for future make up for the loss in grants. to express his concern regarding the require- generations. No. 3, a balanced budget amendment and ment of a three-fifths super-majority vote for f the ``Contract'' tax cuts would reduce other an- any increase in taxes. This Member believes nual Federal spending in Rhode Island by that there is a heavy burden of proof to devi- GENERAL LEAVE $849 million: $476 million per year in Medicare ate from a very basic principle of our Amer- Mr. SOLOMON. Mr. Speaker, I ask benefits, $373 million per year in other spend- ican democracyÐthe principle of majority rule. unanimous consent that all Members ing including housing assistance, student Therefore that anyone proposing a super-ma- have 5 legislative days to revise and ex- loans, veterans' benefits and grants to local jority and placing it in the Constitution has an tend their remarks on House Joint Res- governments. H 782 CONGRESSIONAL RECORD — HOUSE January 26, 1995 I think it is important to take a moment to to tell them where the $1.2 trillion in ILLINOIS LAND CONSERVATION examine what these numbers really mean. By cuts will come from. We also owe it to ACT the year 2002 Rhode Island Medicare recipi- our seniors to ensure that they know it The SPEAKER pro tempore. Under a ents will face a $476 million reduction. Such a is protected in the Constitution and previous order of the House, the gen- cut would mean that people will lose services that their benefits will not be cut on tleman from Illinois [Mr. WELLER] is and benefits they have earned as a result of the crusade of the balanced budget. recognized for 5 minutes. a lifetime of hard work. Instead of raiding our Mr. Speaker, I include the following Mr. WELLER. Mr. Speaker, today I healthcare programs, we should be looking for for the RECORD: introduced a bill that has overwhelm- ways to utilize funding to best meet the needs [From the Houston Chronicle, Jan. 11, 1995] ing support from Members on both of the elderly. Prescription drug benefits for sides of the aisle. This legislation, the elderly is an example of such an initiative. TELL, WON’T TELL knows as the Illinois Land Conserva- During my 6 years in the State legislature, BALANCED BUDGET SHOULD HAVE NO DEFICIT OF tion Act, overwhelmingly passed the I had the opportunity to engage in many dis- House last session, when introduced by cussions with Rhode Island senior citizens. DETAILS It’s been said about as many times as there my predecessor George Sangmeister. We would often discuss the difficult choices Unfortunately, time ran out before the they have to face and the one concern I heard are dollars in the federal deficit—trillions— bill was able to pass the Senate. most frequently pertained to prescription but it’s still true: The devil is in the details. And Democrats have a point in the current I would like to speak briefly about drugs. For 75 percent of America's elderly, the tell/won’t tell debate over details in GOP the importance of this legislation. This highest out-of-pocket expense is not rent, it is calls for a balanced budget constitutional bi-partisan measure is supported by not foodÐit is their prescription drugs. Senior amendment. Asking Republicans for some virtually the entire Illinois Congres- citizens are all too often forced to make deci- specificity on how they would accomplish sional delegation, both Senators PAUL sions no one should have to make: whether the task is relevant. SIMON and CAROL MOSELEY-BRAUN of Il- they can afford to purchase the prescription A citizen purchasing an automobile might linois, the Governor of Illinois Jim drugs they require to stay healthy or to pay for reasonably be expected to be informed of Edgar, a large number of veterans, en- other basic necessities such as food, rent, and such basics as: what type of motor the car clothing. has, if it has one at all; what color the auto vironment and conservation organiza- If the goal of Medicare is to keep our senior is; the driveout price, etc. Would we not take tions, the business community, private citizens healthy, what better investment can the same or greater care with our Constitu- citizens and a broad coalition of groups there be than to ensure that seniors get the tion that we would in buying a car? interested in making this project a re- Even such conservative mainstays as econ- prescription drugs they need to stay healthy ality. omist Herbert Stein, who was President Nix- First, a little background. The Joliet and stay independent. It is a much better in- on’s chief economic adviser, are making that vestment of taxpayer dollars to invest in pro- Arsenal was declared excess Federal point. ‘‘It is unfair to ask the American peo- property in April 1993. A local Citizens viding prescription drug coverage via Medicare ple to sign on to the amendment without rather than investing in intensive care that telling them what they would be committing Planning Commission was formed to may be required when an elderly person can- themselves to—what combination of tax in- develop a plan for reuse of the site. The not afford their requisite medication. Let us be creases and expenditure cuts might be re- Commission unanimously adopted a honest, we can pay now or we can pay later. quired to achieve the balanced budget,’’ he plan, which is encompassed in my leg- We will do senior citizens a greater service says. islation. and achieve significant savings by including The larger problem with the whole debate This innovative land use plan for prescription drug coverage in Medicare. is that it points out the flaw in relying upon Army base conversion has been touted a constitutional amendment to do the work f as a model for accelerating base clo- and make the decisions of lawmakers. And sures to peace-time productive uses. It CONTRACT WITH AMERICA many supporters of the amendment concept will be the first national tallgrass prai- mistakenly assume that it means automatic THREATENS SOCIAL SECURITY rie park east of the Mississippi, and cuts of government spending. That is not the (Mr. GENE GREEN of Texas asked case. The pressure of such an amendment will have enormous environmental, and was given permission to address could just as easily be used to justify as yet economic and educational benefits not the House for 1 minute and to revise unspecified tax increases. only for the State of Illinois, but for and extend his remarks and include ex- A Senate vote and a House floor debate on the entire country. Never will we have traneous matter.) the issue have now been postponed for at another opportunity to preserve such a Mr. GENE GREEN of Texas. Mr. least a week. Several ‘‘Honest Budget’’ bills large tract of land for wildlife habitat Speaker, today we will be voting on the that would require Congress to give details and prairieland preservation, and also are expected to be filed. balanced budget amendment. During to incorporate a much-needed veterans Americans ought to have their budget bal- cemetery and land for economic devel- the recent campaign and public state- anced, but a constitutional amendment on ments defending the Contract With ‘‘cruise control’’ is not the right vehicle. opment. America, the Republicans have stated Lawmakers ought to be in the driver’s seat The largest portion of land, 19,000 firmly they will not touch Social Secu- making the hard choices on spending and acres, will be transferred to the Na- rity. But in committee hearings on the taxes. And they should tell us in a more spe- tional Forest Service for creation of balanced budget amendment, the Re- cific way how we’re going to get there from the ‘‘Midewin National Tallgrass Prai- publicans blocked all attempts to ex- here. The devil is in the details. rie.’’ This is very crucial to a State that once had more than 43,000 square plicitly exempt Social Security from f their balanced budget axe. miles of prairie land, most of which has now been development into towns and Yesterday we passed a sense-of-Con- SPECIAL ORDERS gress resolution that Social Security cities. This is a great opportunity to would not be touched because of the The SPEAKER pro tempore (Mr. restore critically imperiled ecosystems balanced budget amendment. But this CAMP). Under the Speaker’s announced and their fragile habitats, an oppor- resolution does not have the force of policy of January 4, 1995, and under a tunity to provide protection for endan- law. It was effective for one brief snap- previous order of the House, the follow- gered and threatened species, and an shot yesterday. It is not effective ing Members are recognized for 5 min- opportunity to provide recreational op- today, it is not effective tomorrow, and utes each. portunities in an increasingly urban- definitely not effective next year. ized landscape and densely populated f This House does not have to obey it. area. Over 6 million people live within Future Congresses do not have to obey The SPEAKER pro tempore (Mr. 45 miles of the land. Trails, camping, it. Putting it in the Constitution would CAMP). Under a previous order of the wildlife watching—possibly including be the most effective way we can do it. House, the gentleman from New York the reintroduction of buffalo—are A constitutional amendment to bal- [Mr. OWENS] is recognized for 5 min- planned. The proposed prairie land is ance the budget does not exempt Social utes. home to many species of birds and ani- Security and puts into jeopardy that [Mr. OWENS address the House. His mals that are on both Federal and original contract with our seniors in remarks will appear hereafter in the State endangered and threatened lists. 1935. We owe it to the American people Extensions of Remarks.] Among these are the Upland Sandpiper, January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 783 the Marsh Yellow Crest, Blanding’s THE PROPOSED BAILOUT FOR recognized then, over a year ago, that turtle as well as numerous species of MEXICO the Mexican economy was in trouble. It fish, insects and plant life. The SPEAKER pro tempore. Under a should have further been recognized The plan also includes a veterans previous order of the House, the gentle- that the United States was in grave cemetery which will occupy approxi- woman from Ohio [Ms. KAPTUR] is rec- danger of being liable for the fallout. mately 1,000 acres on the arsenal prop- ognized for 5 minutes. Instead, the administration kept the $6 erty. This veterans cemetery, which Mr. KAPTUR. Mr. Speaker, my billion quiet. will be the largest in the United friends, please consider this carefully: So it is folly to say that the adminis- States, will serve more than a million The administration’s and congressional tration and the Mexican Government veterans and their spouses and depend- leadership’s proposed $40 billion in loan did not know of the coming storm. In a ents within a 75-mile radius. The site of guarantees plus $18 billion in swaps and recent New York Times article, it was the cemetery, known as Hoff Woods, is lines of credit to Mexico and Mexico’s quoted, ‘‘According to officials in a beautiful and tranquil setting of for- creditors is unprecedented. Never has Washington, the Treasury Department ests and rolling hills; a perfect location the U.S. pledged the full faith and cred- told several Mexican official starting for a national cemetery. it of our Government to a foreign Na- last summer that the country’s short- There will also be two sites, a total tion’s creditors on such a huge scale. term borrowings had reached a dan- of 3,000 acres, to be used for the pur- This proposal would risk U.S. taxpayer gerously high level and that the peso pose of economic development. These 2 money to support a foreign government was being kept artificially high.’’ They sites are seen as ideal for job creation. with an authoritarian past. Before we knew. They did not want us to know. Many manufacturing companies would jump headlong into a new role—as in- Earlier this month, Representatives find a space like this well suited to surance company to Mexico—let us HUNTER, DEFAZIO, EVERETT and I sent a their needs. Not only is the land stop for a minute and consider care- letter of inquiry to Treasury Secretary equipped for economic development, fully what’s happening here in Wash- Rubin listing our questions regarding but there are a series of water wells ington. Mexico’s financial crisis, and I have a with the capacity to pump 15 million Only one hearing was hastily sched- copy of that letter here with me today. gallons of water each day. This portion uled yesterday to leave the impression We have received no reply to the spe- of the redevelopment plan is very im- this House is actually deliberating on cific questions we raised in our letter. portant to the surrounding commu- this matter. But in fact no bill has And so I ask the Treasury Department nities. Using this land for job creation been introduced by those working be- again: to whom does Mexico owe its ex- will put many local men and women to hind closed doors to cobble this to- isting debt? What collateral that has work and stimulate the local economy. gether. To get answers to some of our not already been pledged to other It is my hope to hold a field hearing questions, a group of colleagues from creditors is Mexico willing to put up? on this very important piece of legisla- the Fair Trade Caucus and I held our What type of economic and political re- tion. I would like to provide a forum own forum yesterday afternoon. Many forms is Mexico willing to pursue? for the local communities, the Forest distinguished economists and experts, These and other questions need to be Service, the Department of the Army, representatives of outside groups, and answered before any legislation is veterans, conservation groups, the Members from a diverse cross-section called up for a vote. If American tax- State of Illinois, and the business com- of the political spectrum had the op- payers are asked to bet $40 billion dol- munity to voice their interests in this portunity to express their views in op- lars, they deserve at last that consider- project. I find it encouraging that such position to this rescue package. ation. a broad spectrum of interests are all Then this morning, the Washington We are waiting for answers to those supportive of this plan. The hard work Post had an article saying that a new questions because frankly the reason- and commitment by these groups and Los Angeles Times poll shows that 81 ing that has been offered as to why this individuals demonstrates what can percent of 1,353 adults surveyed oppose bailout package is in the best interests happen when people work together to the Mexican bailout. And another Cali- of the United States and the vast ma- make a difference. fornia poll showed that 97 percent are jority of Mexicans has been grossly in- I plan to do all I can to pass this leg- opposed. Shouldn’t we listen to the 80– adequate. For example, it is now being islation in a timely fashion and get the 90 percent of our constituents who said by the administration, and I quote project moving. I look forward to want us to vote against this when it is from the Treasury Department’s brief- working with the distinguished Sen- there $40 billion on the line if Mexico ing paper, ‘‘(T)he goal of our support ators from my State, to get this bill defaults. package is to protect our economic in- through the other body. The financial meltdown of Mexico terests in a nation which has become Redevelopment of the Joliet Army was being discussed well over a year our third largest export market. Mex- Ammunition Plant is my top local pri- ago during the NAFTA debate. One has ico bought more than $40 billion worth ority during my first term in Congress. only to turn to the public record to of our products in 1993, and nearly Not only is it good for my Congres- learn the truth. Not only did our col- 770,000 United States jobs depend di- sional District, it is good for the State leagues, like Representatives LAFALCE rectly on exports to Mexico.’’ Pardon of Illinois and the entire country. and GONZALEZ, repeatedly bring up the me, but who does the administration f potential liability posed by Mexico’s think they are dealing with? A fifth economic policies and the speculative grader can see imports from Mexico b 2040 practices of United States investors— going up and exports to Mexico going The SPEAKER pro tempore [Mr. but economists, journalists and others down, and can tell you that we are CAMP]. Under a previous order of the did so as well. Let me quote you just headed for a trade deficit with Mexico. House, the gentlewoman from Arkan- one example from a June 1993 report by A smart eighth grader could tell you sas [Mrs. LINCOLN] is recognized for 5 Jeff Faux of the Economic Policy Insti- when the value of their money has been minutes. tute: ‘‘NAFTA . . . is a formula for cre- cut by half, they won’t be able to buy [Mrs. LINCOLN addressed the House. ating future demands that the U.S. as much from us and we are going to be Her remarks will appear hereafter in taxpayer bail out the Mexican banking running a trade deficit with Mexico in the Extensions of Remarks.] system in order to save the assets of a few months. Add this unfortunate major United States financial institu- circumstance to the fact that the Unit- f tions.’’ ed States in 1994 suffered its worst The SPEAKER pro tempore. Under a If the administration and leadership trade deficit in history with 20,000 U.S. previous order of the House, the gen- of this institution persists in its cries jobs lost for every billion dollars of def- tleman from California [Mr. DORNAN] is of ignorance, one has only to cite the icit, we are talking about the recognized for 5 minutes. secret $6 billion dollar line of credit hollowing out of another 3.1 million [Mr. DORNAN addressed the House. that the administration and the Mexi- jobs. His remarks will appear hereafter in can Government negotiated in the days The United States is not going to in- the Extensions of Remarks.] leading up to the NAFTA vote. It was crease its exports. In fact, the Mexican H 784 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Government devalued the peso to do major U.S. commercial banks have loaned As a freshman of the 104th Congress, exactly the opposite: to decrease Unit- another $3 billion. The total sum of the peso I am so proud of this collegial body, bailout represents a huge commitment by ed States exports to Mexico and in- from the leadership of Speaker GING- crease Mexican imports to the United the U.S., our taxpayers and our banking system. We are sure that you will agree that RICH, to the leadership of the gen- States—so that Mexico will have the American people have a right to know what tleman from Colorado [Mr. SCHAEFER] money to pay its debts to Wall Street, risk they are assuming in these transactions. and the gentleman from Texas [Mr. megabanks, investment houses, and With this in mind, please find below a series STENHOLM], both sides of the aisle multinational corporations. of specific questions to which we would ap- working to pass something that the Members of Congress must demand preciate answers as expeditiously as possible. American public has asked for, re- answers. Who exactly owns the 1. In view of the fact that U.S. banks are earning historic profits, why is U.S. govern- quested, and now will see success in the Tesobonos and how much interest are victory tonight. It is a victory of two they being paid? It is not good enough ment intervention—in the form of a currency swap and lines of credit—necessary? When parties working together; to the gen- for the administration to say that the private sector gambles and loses, tleman from Texas [Mr. ARMEY], the United States investors lost 40 percent shouldn’t those losses be borne by the pri- gentleman from Texas [Mr. DELAY], on their Mexican investments in the vate sector? and the gentleman from Ohio [Mr. last month, without also admitting 2. To what specific banking and corporate BOEHNER], our leadership in the Repub- interests does Mexico owe the $26 billion in that those same investors have been lican Party, I salute them. earning up to 66 percent returns on outstanding obligations that come due this year, $10 billion of which is due in the first Because I am proud as an American those same investments. Since 1990, in to address this Congress and take pride emerging market mutual funds, certain quarter, and $16 billion of which is allegedly owed to U.S. interests? How much in addi- in the fact that I was one vote of the folks have made handsome profits. As tional obligations comes due in 1996 and 1997; 300 supporting something that the they reaped their huge dividends, let specifically, to whom is it owed? American public wants desperately for them now eat their losses. 3. Of those business entities incorporated this Government to live within its It is not good enough to say that the in the U.S. to which Mexico is indebted, $40 billion in new loans will be secured which hold voting rights at their regional means. This is in fact a historic night. by Mexico’s oil reserves. At current oil federal reserve banks, and in which regions? It is a proud night for all Americans, production and price levels, the gross 4. Under what conditions is Mexico per- and I thank the American people for al- export receipts for Pemex, Mexico’s na- mitted to draw on the $9 billion U.S. cur- lowing me to be a part of this great rency swap line and $5 billion line of credit Congress. tional oil company, are only about $8.5 from the Bank for International Settle- billion a year. Many economic experts, ments, of which the U.S. Federal Reserve is f including Walker Todd, a former As- a member? sistant General Counsel for the Federal 5. What will be Mexico’s ‘‘assured source of NUTRITION PROGRAMS Reserve, say that virtually all of Mexi- repayment’’ if it draws on these funds? co’s oil has already been pledged to 6. What are the explicit terms of this credit The SPEAKER pro tempore. Under a other creditors—notably, holders of facility—for what period of time, and under previous order of the House, the gentle- what conditions is the facility renewable? woman from Florida [Mrs. THURMAN] is Eurobonds. Perhaps most importantly, 7. If Mexico defaults, is it the intention of Mexico’s energy minister, Ignacio recognized for 5 minutes. the U.S. Treasury to enlarge the assistance? Mrs. THURMAN. Mr. Speaker, all Pichardo Pagaza, in a January 23, 1995 For what period of time, and for what pur- article in the Financial Times stated pose? across the country tonight almost Mexico has no intention of putting up 8. Under what legal authority was the 800,000 elderly Americans and those its oil reserves as backing for these original swap line negotiated and more re- who do not have the capacity to leave loans. He stated: ‘‘Our oil will not be cently increased from $6 billion to $9 billion? their homes are eating hot meals that mortgaged, nor will it form part of any 9. Why is the commercial bank line of cred- have been delivered through programs it in the peso bailout uncollateralized? like Meals-on-Wheels. I want to thank loan guarantees.’’ So don’t count on 10. What financial instruments have been promises of Mexican oil to help our or are being created to carry out Treasury’s Parishes United for Meals on Wheels, a taxpayers swallow this bitter pill. Even currency swap and any related transactions? member of the National Association of if Mexico did promise and then reneged 11. How are these instruments different Meals Programs for providing the meal on its promises, where would the Unit- from Brady bonds, formerly sold to bail I have this evening. ed States seek legal redress in a court Latin America out of its debt crisis? Brady Republicans have proposed cutting of law? The guarantee can’t be en- bonds were collateralized by U.S. Treasury the funding for elderly nutrition pro- forced. No U.S. court has jurisdiction. securities. grams by lumping them together as a 12. What is the current yield of Brandy No Mexican court has jurisdiction. bonds? block grant with other nutritional pro- As Barron’s magazine said last week, 13. What percentage of the interest Mexico grams. Even worse, the Contract With on this one the United States got must pay its bondholders in 1995 represents America proposes to make an across- caught in the ‘‘Venus fly trap’’ of the interest due Brady bondholders? the-board cut on this block grant, hemisphere. Mexico’s clever leaders 14. In the NAFTA agreement, U.S. banks while offering absolutely no protection postponed the hardship until after won access to the Mexican financial system, for any funding for elderly nutrition NAFTA passed. If this passes, the Unit- with limits, initially at 8%, rising to 15% by 1999. In view of the peso devaluation, what programs. Under the Republican plan, ed States will be held hostage to every risks are posed to the U.S. of complete for- it is conceivable that elderly nutrition debt on the continent. eign ownership of the Mexican banking sys- programs could be zeroed out of the Finally, I would recommend to all tem, by the U.S. or other nations? budget. Members that unless you get full an- Thank you for your cooperation. We look Mr. Speaker, this proposal from the swers to hard questions, and I doubt forward to hearing from you soon. Contract With America does not make you will, you should vote no on this Sincerely, cost effective sense. The logic of this MARCY KAPTUR. bailout. proposal is faulty on its face. The pro- PETER DEFAZIO. CONGRESS OF THE UNITED STATES, DUNCAN HUNTER. posed changes will result in more peo- HOUSE OF REPRESENTATIVES, ple going to nursing homes since pre- Washington, DC, January 11, 1995. TERRY EVERETT. Mr. ROBERT RUBIN, f ventive and supportive services, includ- Secretary of the Department of the Treasury, ing meals, will be decreased. Every re- Washington, DC. A VICTORY FOR THE AMERICAN cipient who receives meals at home is DEAR SECRETARY RUBIN: We are writing in PEOPLE considered frail and generally at risk regard to the Administration’s decision to (Mr. FOLEY asked and was given per- of nursing home placement. extend a $9 billion dollar line of credit mission to address the House for 1 If this block grant is created, 5,000 through the U.S. Treasury and the U.S. Fed- minute.) home delivered meal recipients in my eral Reserve to the government of Mexico in order to stabilize the Mexican peso. The U.S. Mr. FOLEY. Moments ago the U.S. State would be dropped from the pro- Federal Reserve has further committed an Congress, 300 members, passed a bal- gram. These frail seniors would most undisclosed amount of U.S. dollars to the anced budget amendment here on this likely be unable to remain in their same end. Using uncollateralized loans, floor. homes and would be at high risk of January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 785 needing nursing home care. This would in the debate on connecting recipients 42 senior centers that serve approxi- cost the Federal Government $86 mil- to the workplace. mately 40,000 seniors annually. lion per year in Medicaid funds, as op- The welfare debate is about personal I have personally witnessed the imposed to the present cost of $7.5 million responsibility and work. The Elderly portance and effectiveness of these pro- under the Older American Acts and re- Nutrition Program is about keeping grams. Last summer, I had the oppor- lated State funded programs for home- seniors alive and independent. Not a tunity to deliver ‘‘Meals on Wheels’’ in based care. single person has alleged that the pro- Providence, Rhode Island. I was first And remember, this $86 million is gram is anything less than a successful struck by the efficiency of the pro- only for Florida. It is more than 10 program that has improved the nutri- gram. Volunteers are the key to the times less expensive to keep people in tion and physical and mental health of program. I had the privilege to travel their homes, where they want to be in millions of seniors in our country. with a young woman who donates her the first place. Obviously, the results Mr. Speaker, I urge my fellow Mem- lunch hour to help deliver meals. She of block granting these programs have bers to examine these elderly nutrition has come to know many on her route, not been thought through. It is just an- programs and recognize the fact that and, as a result, she offers not just other one of the shallow plans Repub- they do not belong in the welfare de- food, but a friendly face and a brief mo- licans are offering without thinking bate. Including them in a massive ment of social contact to her senior re- through the human or financial con- block grant, as offered by the Repub- cipients. And, I was also struck by the sequences. This plan would end up cost- licans in the Contract With America, obvious necessity of this program. ing us billions of dollars and cutting would be a massive mistake. It would These seniors depend upon the meals vital services to the elderly. in the most cruel way, pit one genera- since so many are unable to travel or tion against another in the fight for Moreover, these programs are some to routinely prepare a nutritious meal. survival. of the most effective in keeping admin- On numerous occasions, I have vis- Tuesday night, President Clinton istrative costs extremely low. Much of ited the senior centers throughout my said that seniors have made us what we the administrative costs of these pro- district. The meal programs at these are as a nation. He is right. We should grams are provided by volunteers. The centers are not only a source of suste- not thank them for their sacrifices to reduction of funding will have an ad- nance, but also act as a focal point for the present generation by kicking verse effect on the potential of provid- many other activities that enhance the them out on the street and into nurs- ers to recruit increased numbers of vol- lives of our seniors. ing homes. unteers. Furthermore, the number of These programs respond to an over- volunteers would be decreased as well, f whelming need in an efficient manner since many senior volunteers are par- b 2050 under local control. Rather than being ticipants in the programs. a target of the Republican Contract, Mr. Speaker, the average age of the EFFECTS OF PERSONAL RESPON- they should be a model of how we people I represent makes my district SIBILITY ACT ON ELDERLY NU- should restructure government. the second oldest in the State. I have TRITION PROGRAMS This proposal is a bad idea for a num- worked closely with a number of pro- The SPEAKER pro tempore (Mr. ber of reasons. Most importantly, there grams in my district that provide these CAMP). Under a previous order of the is no requirement that states maintain nutrition programs to my constituents. House, the gentleman from Rhode Is- existing nutrition programs funded I know from firsthand experience how land [Mr. REED] is recognized for 5 min- through the Older Americans Act. As important they are to a great deal of utes. such; all food and nutrition assistance the elderly folks in Florida. Mr. REED. Mr. Speaker, one of the would be forced to compete for limited Nutrition studies from the Univer- most dramatic changes occurring in discretionary funds. A States’ ability sity of Florida have shown that 69 per- our nation is the aging of our popu- to deliver nutrition benefits would be cent of the congregate meal partici- lation. When the post-war ‘‘baby subject to changing annual appropria- pants were at moderate to high risk for boom’’ generation matures, one-third tion priorities. Moreover, the author- malnutrition. Moreover, 89 percent of of our population will be over age 55. In ization ceiling in every future year the home delivered meal participants fact, the fastest growing part of our would be based on the previous year’s were at moderate to high risk for mal- population are those over the age of appropriation. If the Food Assistance nutrition. eighty-five. Today’s oldest Americans, Block Grant is reduced in one year to Mr. Speaker, I have talked to many as a group, live longer, healthier, and support other priorities, funding for fu- participants of these nutritional pro- financially more secure lives than ture fiscal years would be permanently grams and I receive letters like this their parents or grandparents. They lower. every day. are clearly the beneficiaries of success- It is important to note that, more Like the one from this 83-year-old ful federal programs such as Medicare, than two decades after the creation of woman. She has been going to the same Social Security, Medicaid, and the these programs, several million older site in New Port Richey every day Older Americans Act. These programs Americans still go hungry. The Urban since 1983. Her son brings her every have helped to reduce the poverty, poor Institute recently estimated that as morning and picks her up afterwards. health, and inadequate living condi- many as 4.9 million elderly—about 16% She loves to be around people and feel tions that were widespread five decades of the population aged 60 and older— useful instead of just sitting at home. ago. are either hungry or malnourished. She is very healthy and goes to the In light of this record of success, I Further, it found that at least two- site to enjoy the camaraderie of other am deeply disturbed that the Repub- thirds of needy older Americans are seniors her age. She is very active at lican’s Personal Responsibility Act not being reached by federal food as- the site and is a regular volunteer. contains a dangerous proposal to elimi- sistance programs. The study also She is grateful to this elderly nutri- nate specific funding for the elderly noted that funding for these programs tion program and stated that ‘‘the pro- congregate and home-delivered meals has not kept pace with either the ris- gram keeps her young.’’ If this pro- programs. Funding for these programs ing cost of food or the aging of the pop- gram were based on income eligibility would have to come from the $36.5 bil- ulation. In many cities throughout the she would not qualify for it. lion state food assistance block grant country, the elderly are put on waiting Mr. Speaker, what we need to under- established under the Personal Respon- lists for food and nutrition assistance. stand, is that the Elderly Nutrition sibility Act. The Older Americans Act is the Program is not welfare. Unfortunately, I am especially concerned about this major vehicle for the organization and the Nutrition Program for the Elderly proposal because Rhode Island ranks as delivery of social and nutrition serv- got swept along in a big net cast out to one of the nation’s ‘‘oldest’’ states, ices to older persons. Although the pro- reform the welfare system. This is a with 197,000 individuals over the age of gram is authorized at the federal level, program that serves very vulnerable 60—this is approximately 16% of the and administered by the Administra- seniors. This program does not belong state’s population. Rhode Island boasts tion on Aging, it is operated locally. H 786 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Service planners and providers are re- Mr. GENE GREEN of Texas. Mr. just Houston Independent School Dis- quired to target services to persons Speaker, Members, I am proud to be trict, but Galena Park, Aldine, Goose with the ‘‘greatest social or economic here tonight to join with three of my Creek, and Baytown. In fact we have need’’, but also to make programs colleagues from Houston who today some exemplary programs in the Hous- available to all older persons in the voted against the balanced budget ton Independent School District, Trav- community. The OAA congregate and amendment and to explain the impact is Elementary, and Love Elementary, home-delivered meals are federally- it will have not only on the city of and they would be cut because of the funded, state administered programs Houston, but also Harris County. The Federal funding cut. We are applying that are low-cost, consumer-focused, House passed the balanced budget this 20 percent cut across-the-board for and locally managed programs that amendment tonight by 300 votes. But education funding, and this would im- work. The service network is composed what I am concerned about is we do not pact every school in the 29th District. primarily of private, non-profit agen- know, and neither do the American In 1996, 4,800 women, infants and chil- cies rather than government agencies. people, what we are actually doing dren will lose their funding for nutri- Older American Act funds stimulate with the balanced budget amendment. tion supplements. That is unless the additional funding from states, area The chart I have here, and we are Texas legislature, meeting now, or the agencies on aging, local governments, again the three of us from Harris Coun- city council in Houston, picks up the and community-based agencies. Con- ty, are sharing this. We will talk about funding for that, and so we are trans- gregate meals support multipurpose the impact on Harris County and Hous- ferring that responsibility from the senior centers which are focal points in ton, TX. If the balanced budget amend- Federal Government, who now pays for communities and which support the el- ment is passed, Houston, Harris Coun- it, to the cities, to the States and to ty, stands to lose $488 million in the derly through information and referral our counties. first year alone. Over the 7 years our services, health promotion activities, Earlier, 2 weeks ago, the majority county will lose $15 billion of Federal and educational programs. leader, who is also a Texan, said on funds that now come into our county. Mr. Speaker, in FY94, Rhode Island re- Meet the Press, ‘‘The fact of the mat- Tonight we did not have the votes to ceived $1,966,444 for the congregate meal ter is once Members of Congress know program and served 716,000 meals under this exempt out Social Security from the balanced budget amendment, so it is exactly chapter and verse the pain that program. Home delivered meals are part of a government will live with in order to comprehensive in-home care package which part of the package. It could be cut over the next 7 years. But this package balance a government, their knees will helps the elderly continue to live independ- buckle.’’ That is why they did not want ently. In FY94, Rhode Island received here on the impact does not include So- cial Security. The impact of it, and Re- to specify today. That is why we could $481,575 and delivered 553,000 meals to the not even pass an amendment excluding elderly. Together, these two programs helped publican majority spelled out in their Contract With America, or on America; Social Security. But the people need to to provide over 1 million meals to Rhode Is- know what is happening and what will land's elderly. they have not spelled out where the spending cuts are going to be, so I happen to them, even considering So- Food assistance for the elderly should not cial Security, the many other pro- be a part of welfare reform. The nutrition block think we owe it to our constituents to say, ‘‘What’s going to happen in our grams, veterans, Medicare, that is not grant proposal could restrict or eliminate ac- communities?’’ even excluded. cess to food assistance serving 2±4 million el- The NBC-Wall Street Journal poll So, this has a direct impact, not only derly Americans. shows that Americans support a bal- on people all over the country, but the f anced budget amendment by 71 to 16 people that I represent and the people The SPEAKER pro tempore. Under a percent, but two-thirds of the Ameri- that live in the city of Houston in Har- previous order of the House, the gen- cans oppose it if you are going to cut ris County, and this chart shows that tleman from Maine [Mr. BALDACCI] is Medicare, Medicaid, or veterans’ bene- very well. recognized for 5 minutes. fits. And today, Congress, we could not The GOP put the squeeze on Houston, and it is going to be transferring that [Mr. BALDACCI addressed the House. even exempt out Social Security, not authority to the city of Houston, to His remarks will appear hereafter in even considering Medicare, Medicaid, our county commissioners’ court and the Extensions of Remarks.] and veterans. We have a veterans hospital in Hous- to the Texas legislature, and that is f ton that serves a lot of our constitu- the impact of it. The SPEAKER pro tempore. Under a ents, and yet that could be cut because I say, ‘‘Let’s don’t buy a pig in a previous order of the House, the gentle- there is no provision to safeguard vet- poke. Let’s know what we are voting woman from Michigan [Miss COLLINS] erans’ benefits. on before we do so.’’ is recognized for 5 minutes. The balanced budget amendment will f [Miss COLLINS of Michigan ad- impact on Houston, could be on the Meals and Wheels, as our colleague, the dressed the House. Her remarks will THE IMPACT OF THE BALANCED gentlewoman from Florida [Mrs. appear hereafter in the Extensions of BUDGET AMENDMENT ON HOUS- THURMAN], pointed out on Meals on Remarks.] TON Wheels. By the year 2002, 1,110 seniors f from the numbers today will not be The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a served meals. We are not talking about previous order of the House, the gen- previous order of the House, the gen- the increase in the seniors for next tleman from Texas [Mr. BENTSEN] is tleman from California [Mr. TUCKER] is year, the year after, who may be eligi- recognized for 5 minutes. recognized for 5 minutes. ble, but 1,100 seniors less than today Mr. BENTSEN. Mr. Speaker, let me [Mr. TUCKER addressed the House. that are being served would be cut. thank my colleague, the gentleman His remarks will appear hereafter in Our attorney general’s office, who from the 29th District of Texas [Mr. the Extensions of Remarks.] use as a $1.2 million next year of Fed- GENE GREEN] for putting together this f eral funding for child support enforce- special order tonight, and I want to ment, will not be able to do that, will thank also my colleague from the 18th b 2100 not be able to make deadbeat fathers District of Texas [Ms. JACKSON-LEE] for and mothers pay for their children. joining me today. EFFECTS THE BALANCED BUDGET This last 2 years in Congress, along As many of us said in the debate over AMENDMENT WILL HAVE ON with my colleague, the gentleman from the last couple of days as it related to HOUSTON California [Mr. BECERRA], we spent all the balanced budget amendment, it was The SPEAKER pro tempore (Mr. our time working on chapter I funding, unfair not to disclose to the American CAMP). Under a previous order of the or title I funding, for education, for people how we would achieve such a House, the gentleman from Texas [Mr. children at risk. In Harris County balanced budget. The people need to GENE GREEN] is recognized for 5 min- alone next year $4.8 million will be cut knows how the cuts are going to be utes. from our Harris County schools, not made. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 787 Now I think it is true that everybody Mr. GENE GREEN of Texas. I say to ple, who already face the kind of hardin this room wants to see our country the gentleman, ‘‘Congressman BENT- ship of keeping the family together, of move towards a balanced budget. We SEN, you and I have talked, and we working, of meeting the bills and mak- know the American people want to see worked with Congresswoman JACKSON- ing ends meet, will already be suffering us move towards a balanced budget. LEE today on putting together this infor the contract will cut nearly $30 mil- But we need to know how we are going formation on the impact on Houston. lion over 7 years in Federal money to to get there. One of the parts that I don’t think a lot help the State attorney general’s office As I said earlier, I came from the pri- of people recognize is that in Houston, enforce child support payments. vate sector, not from government, but and I know the city council in Houston When I spoke to my constituents, from the private sector, to this House, works on. We have a program called they always offered that we give to the and in the private sector, if you do not Covenant House that deals with teens, Federal Government, we want a lean have a balanced budget, you do not and they receive Federal funding. It’s Federal Government, but we simply stay in business very long. But also in an alternative program for teenagers ask our fair share. The city of Houston, the private sector when you need to that we try to raise a lot of private sec- that has balanced its budget, has con- balance your budget, you sit down with tor funding for, and there’s a small tinuously returned to the Federal Gov- your partner, you address your share- amount of Federal funds that go to it, ernment a sizeable amount on the dol- holders, you talk to your employees, about $11,000 a year, and this would lar. But we have not gotten our fair you lay out the cuts that have to be also be cut by 20 percent by the adop- share. We have not gotten our fair made, and you come together with a tion of this amendment, that that 20 share as it relates to transit dollars, common plan. percent by the adoption of this amend- and we are still working to improve ment, that that 20 percent over the pe- That is not what has been done here, our system. riod of years—so a program, for exam- and so I think it is incumbent upon us Now we find out that Harris County ple, that a lot of people may donate to that we sit down and try to lay out for will lose over $12 million next year if out of their private donations gets just the American people just what the cuts we continue with the Contract With a small amount of Federal spending, are that the contract of America has in America. At the same time we have but it could be cut 20 percent, so we mind. would have to make that up either in made great inroads in AIDS treatment As my colleague from the 29th dis- local tax money, or else through pri- in our community. The community has trict mentioned, cuts in veterans’ bene- vate donations.’’ come together to focus on this dev- fits will affect many thousands of vet- astating disease, to bring all of the seg- erans who live in the Houston area who b 2110 ments of the population together on go to the veterans hospital which is in Again, private donations are hard to this issue. And now we hear that the the 25th district. But it goes further come by today. Ryan White AIDS funding is being cut. than that. We will see billions upon bil- Mr. BENTSEN. I thank the gen- When I campaigned, I talked to con- lions of dollars cut from the Medicare tleman for his comments. We have a se- stituents about job development and system, which will cut through the rious situation before this House. As economic development. As a city coun- bone into cutting beneficiaries, but we go forward to discuss this Contract cil member we worked very hard to get going further and cutting the medical on America, as we go forward to lay $25 million in empowerment dollars. research that is done at the Texas Med- out budget plans, it is going to be im- Now we find out through the Contract ical Center, research that is done to portant that we go through these pro- on America, those jobs that are so cure such things as cancer, Alz- grams line by line by line, to talk needed for youngsters like the Cov- heimer’s, and AIDS. All this will be re- about what the cuts are going to be in enant House residents, and the young- duced. Medicare, who it is going to affect, sters involved in the special programs We also know that with the cuts that when they will be affected, will their going on in elementary school and are going to be put through with this premiums go up, will their services go going on to middle school and high plan that it is quite possible that we down. And I think that the majority school, will no longer exist. will see a cut in NASA and the space owes it to the American people to lay What we are asking for is a lean but station, and quite frankly that is some- this out. sensible Government. I did my home- thing that this House and this Congress f work. I went to the local officials and over the last several years has made a talked to council members about what commitment to, and yet now that is ADVERSE IMPACTS OF CONTRACT they are doing, how they are now pre- uncertain because we are not willing to WITH AMERICA paring their budget coming up for the lay out the plan. I know that my col- The SPEAKER pro tempore (Mr. next fiscal year. And I might add that league from the 18th district has situa- CAMP). Under a previous order of the Council Member Judson Robinson was tions throughout the district that are House, the gentlewoman from Texas concerned that poverty in this country going to be cut. [Ms. JACKSON-LEE], is recognized for 5 is higher than ever before. And we are What we are saying here today is, minutes. talking about putting an even greater ‘‘Tell us, tell us were the cuts are going Ms. JACKSON-LEE. Mr. Speaker, I strain on Houstonians, many of whom to be. Lay it out for the American peo- thank you very much for the recogni- are least likely to be able to help ple. Bring them into the debate so they tion, and I thank Congressman GREEN themselves. He said the Contract With can be part of this so that they can un- and Congressman BENTSEN for the America is a very drastic proposal, a derstand what it means to achieve a work we are collectively doing in at- proposal without a lot of vision and balanced budget.’’ tempting to understand for our com- without concern for the impact it will Every day across this country fami- munities which direction this House, have on our citizens, many who are on lies sit down at the kitchen table to this Congress, and this Nation is going or above our poverty line. discuss how they are going to make to take with a balanced budget amend- Council Member Fragra, who rep- ends meet, but we do not do that in ment and as well the Contract With resents the district, indicated that this this House. We sell them a bill of goods America. whole matter needs serious consider- that says, ‘‘By the year 2002 we will I think it is important that we do our ation. If ever our country needed to balance the budget,’’ but the facts are homework, and I appreciate as we look help the poor, it is now. that when we get to 2002, under the leg- at the absolute bottom line cuts at this And the real issue is, it is the poor, it islation which was adopted today we do time, which may be even more, we can is working men and women, it is mid- not know the answer, and we will have clearly see the impact on the city of dle class, it is the small entrepreneur, to make severe cuts in very real pro- Houston. that is looking for small business de- grams that will effect very, very real The question becomes what is the on- velopment loans. It is NASA who is people. going impact? What is going to be the asked simply to give us simply a 5-year Mr. Speaker, I yield to the gentleman outreach of these programs. Right now flat budget so we can in fact mind the from Texas. we know that single parents, for exam- store and do the job. H 788 CONGRESSIONAL RECORD — HOUSE January 26, 1995 Mr. BENTSEN. If the gentlewoman House has for the first time passed a the uncomfortable situation we now would yield, I would like to ask the balanced budget amendment. find ourselves in. And let me tell you, gentlewoman with respect to NASA, I You say to yourself how are we going it’s no fun. believe she sits on the committee that to get the savings, how are we going to Democratic Members of Congress be- oversees the authorization of NASA. I make sure we get to a balanced budget? lieve they were sent here to work with know the Executive Director of NASA We are not going to do it by cutting Republicans to carry out the peoples’ has been before your committee and Social Security. Not at all. What we business. Lately, that’s been very hard testified. Could you possible elaborate are going to do is have a line item veto to do. on the possibility of the cuts that follow this, by making sure we cut out Democrats are caught between a rock might be seen there and what impact the pork barrel legislation that has and a hard place. If we cry foul, if we that might have on the people who happened in this Congress for years. We say we are being gagged, we are being work at the Johnson Space Center, the are also going to reduce the number of difficult. But if we keep quiet, no one people who are working on the space regulations. We are also going to sun- knows about it . station? set Federal agencies that have outlived I don’t know how much longer we’ll Ms. JACKSON-LEE. You know, we their usefulness. We are also going to continue to be nice guys. At the mo- have tried to work on this matter to- have zero base budgeting so each agen- ment we are just patiently pointing gether and have already had some ini- cy would have to justify every dollar out Republican mistakes, and trying to tial hearings on the Committee on they spend. We are also going to have work with them as President Clinton Science, and already we have heard of capital gains tax reduction, so our asked us to do on Tuesday night. at least a large segment of the employ- companies can prosper and grow. In- But in my committee, the Rules ees in NASA being subject possible to vestment tax credits, research develop- Committee, it’s the same old thing layoffs. Administrator Golden indi- ment tax credits. over and over again. cated he wants to be part of the whole What is off the table? Social Security I’ve gone deaf in my right ear hear- is off the table. All of us here in the process. He recognizes that NASA, in ing Republican complaints over the House want to protect Social Security order to be effective, must be efficient. years that we did too many closed and our senior citizens. No one in this But he cannot be effective or efficient rules. House also wants to see any reduction with an erratic projection of how his They promised to do a lot more open in our Medicare or veterans benefits. budget will look. He simply asked can rules than we did. Open rules are rules But we are looking to welfare reform we come to the table, as has been dis- that give Representatives the chance as part of the Contract with America. cussed by you and Congressman GREEN, to offer any changes they wish to a Those who are able bodied, who really and lay out what are the receipts and bill. want to work, they will come off the the outlays, and let’s make an effec- So far, they are way off their mark. welfare roles within two years, with tive, realistic budget that allows NASA In fact, they’ve gagged the Democrats to work for all Americans and allows job counseling, with job training, and job placement, and with the appro- in 3 of the 4 rules considered by the the workers there to work and be most House this year. That doesn’t sound efficient. priate child care when it is necessary. Believe you me, this House is very like open government to me. This is the difficulty he faces time I don’t think that most people realize after time when the budget is not con- much proud about a balanced budget amendment, because we are going to the Republicans’ 100-days campaign sistent, but, more importantly, when promise is turning Mr. Jefferson’s de- we do not face the fact that the con- get our fiscal house in order while still preserving those important programs, liberative democracy on its ear. And in tract does damage to a program that important to the people of the United this case, what they don’t know will serves all Americans. States. hurt them. It is time then that we realize, as Mr. Speaker, this is not a fair way to f John Marshall said, that the Constitu- treat the millions of American citizens tion is intended to endure for ages to REPUBLICAN PARTISANSHIP who are represented in this body by come; consequently, to be adapted to Democrats. the various crises of human affairs. We The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- I hope my Republican colleagues will have crises in Social Security, crises in uary 4, 1995, the gentleman from Mas- stop working against us. And get down Medicaid, crises in Medicare, crises in sachusetts [Mr. MOAKLEY] is recognized to the business of representing the small business, crises in transit issues, for 60 minutes as the designee of the American people. After all, isn’t that and we are not doing it the right way, minority leader. why we were sent here? by coming together, looking at the Mr. MOAKLEY. Mr. Speaker, there budget, looking at ways we can effec- b are probably quite a few American citi- 2120 tively work for our respective commu- zens out there who have been watching Mr. Speaker, at this time I yield to nities and for Americans, and making a their government on C–SPAN over the the gentleman from Alabama [Mr. balanced budget that responds to the last few weeks. Those Americans have HILLIARD]. needs of human crises. seen a few partisan fights break out on Mr. HILLIARD. Mr. Speaker, today I f the House floor. rise carrying a banner for the future of I would like to take this opportunity our country, our children. GETTING OUR FISCAL HOUSE IN to explain just what has been happen- Earlier this week I introduced two ORDER ing to the Democrats here on Capitol amendments to the Republican-con- The SPEAKER pro tempore. Under a Hill since the Republicans took over. trolled Committee on Rules asking previous order of the House, the gen- Republicans have held closed door that they be made in order for floor tleman from Pennsylvania [Mr. FOX] is meetings with telecommunications ex- consideration during the discussion of recognized for 5 minutes. ecutives on legislative policy. Repub- the proposed balanced budget amend- Mr. FOX. Mr. Speaker, it has been a licans have kept Democrats from ques- ment to the constitution. long time. We have had tax-and-spend tioning witnesses or offering amend- Much to my disappointment, both previous Congresses, and there has ments. amendments were defeated by a partial been no budget discipline for a number Republicans have imposed gag rules vote of 9 to 4. When I made by presen- of years. This has led to a $4.8 trillion on constitutional amendments and tation to the committee, there were deficit, $18,500 for every man, woman kept committees from looking over five persons there, four Democrats and and child. We know that every State bills that fall under their purview. In the presiding Republican chairperson. government, every county government, short, the American people have been And after I left, I understand that nine every family budget must be balanced. shut out of their own legislative proc- of them voted against me. They did not So I am here to tell you that tonight ess. hear my presentation. They did not by an historic vote which was positive, The people who are joining me here know how strongly I asked that my a bipartisan vote, by 300 to 132, the tonight have been on the front lines of amendments be considered. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 789 Unfortunately, I guess they did not It was once said that Congress is a have been called dilatory, or we would care. They just wanted to vote the place where deliberate consideration is have been called obstructionist, or peo- party line. And that is exactly what given to all measures before they are ple just interested in gridlock, but we they did, to the detriment of the con- voted upon. I looked with fervor, I did not do that. stituency that I represent. looked with ideals like a child in my We just allowed a vote on the mo- The most important of these meas- eyes that one day I would be able to tion, and we let it go that way. How- ures was an amendment to exempt the come here and participate in meaning- ever, as I say, Mr. Speaker, we are get- Aid to Families with Dependent Chil- ful debates, not just on the floor of this ting in between a rock and a hard dren, AFDC. I wanted to exempt them, Congress but in committee meetings place, and we have to just put our foot this particular program, from any cuts and elsewhere. down if this type of action continues. to the balanced budget. However, for the last month I have Mr. Speaker, I yield to the gentle- More than half of our nation, 27.3 been disappointed. I have been denied woman from Illinois [Mrs. COLLINS], million recipients of AFDC benefits are that opportunity. Many of my contem- who has been a subcommittee chair- children, about 51.4 percent. poraries have not been able to bring man and who has been an activist in The U.S. Department of Health and amendments to this floor because of keeping the rules and performing ac- Human Services estimates that more the actions of the Committee on Rules. cording to the House rules. than half of these children could even- Many of them have not been able to (Mrs. COLLINS of Illinois asked and tually become ineligible under a bal- question witnesses. Many of them have was given permission to revise and ex- anced budget bill. I wanted my Repub- not been able to bring substitutes to tend her remarks.) lican counterparts to hear that, be- this floor to be considered. Mrs. COLLINS of Illinois. Mr. Speak- This is not the American way. That cause I wanted them to understand the er, I certainly thank the gentleman is not the way Congress should operate. seriousness of my amendments. from Massachusetts, the ranking mi- And those persons who said that on No- My home state of Alabama stands to nority member of the Committee on vember 7th or 8th of 1994, that they re- lose close to 28 percent of its current Rules, for taking out this special order ceived a mandate from the people to aid to dependent children benefits this evening. change things, to make sure that under the Republican proposals. I things were not as they were in the As the ranking member of the Com- wanted to prevent this. I wanted them past, so to speak, evidently they did mittee on Government Reform and to understand how devastating it not think much of that mandate, be- Oversight, I have been seeking to do would be. But they were not present, cause they have failed to perform. the same thing the gentleman is doing and they did not hear my testimony. They have failed to carry out that with his special order, and that is to And they voted anyway against the in- mandate. bring to the attention of the House and terests of my constituents. So I say to my colleagues, business to the public the unprecedented proce- Many problems associated with our as usual, because all voices have not dural abuse that we have seen in the youth today are directly related to been heard; all amendments have not House over the past three weeks in the malnutrition. As representative of the been considered, and the deliberations Republicans’ lightning speed dash to 7th congressional district of Alabama, have not been as they should have rush their contract in 100 days. which has some of the highest poverty been. This is not the way Congress I am specifically referring to the pro- statistics in the country, I know the should operate. It should be deliberate cedural tactics employed around the importance of this program. I do not in its consideration of all measures. handling of the unfunded mandates leg- think that we should practice politics, And until our Republican counterparts islation, H.R. 5, which has been on the as usual, when the lives of our children recognize that, rushing to judgment, House floor this week and will be to- are at risk. rushing to a decision in 100 days is morrow. In the previous Congress, the The defeat of my amendment in the worthless. 103d Congress, when the Democrats Committee on Rules was wrong and a controlled the House, we worked to- direct attack on our future. b 2130 gether with the minority on an un- Those persons who will be strong and Many mistakes have already been funded mandates bill. We held three healthy, hopefully, who will work for made. Several times we have had to hearings, developed a consensus bill, the elderly when we are there, who will correct the record. Who knows in the and reported a bill with a vote of 35 to provide Social Security benefits for the future how detrimental and how disad- 4. future, will not be able to benefit be- vantageous this bill will be. We do not In this Congress, the process was the cause of the fact that they will be de- know, because we have not given ade- exact opposite. On Tuesday, January nied any type of aid to dependent chil- quate deliberation to the measures, the 3d, the day before the opening of the dren. bills, the amendments, and the sub- 104th Congress, we were informed that Therefore, they will not be strong. stitutes that affect what we do. If we the unfunded mandates legislation Our work force will be weak. They will had given deliberation, as we should would be considered on Tuesday, Janu- not be able to work and take care of have, we would not be wondering about ary 10. That is the same day as the or- the elderly. And the reason why is be- the consequences of our actions in the ganizational meeting of the commit- cause the Republican Committee on future. tee. Rules denied them the opportunity. Mr. Speaker, I hope that this will not Mr. Speaker, the following day, Jan- This was one chance to send a mes- be the way this Congress will operate uary 4, the day we were sworn in, I sage to our constituents that gridlock the next two years. Congress must asked the chairman for public hearings was a thing of the past. They blew that come together. Congress must perform and for sufficient time to review the opportunity. constitutionally, so all things must be legislation. The request was denied. No We have committed a sin. We have considered, all amendments, all sub- hearings were held on the bill. committed a crime against the future, stitutes, and everyone, the majority The fact that two hearings were held against our children, against their and the minority party, must be given on the subject of unfunded mandates in health, their welfare. the opportunity to question witnesses the last Congress I find to be totally ir- In the words of Ben Lindsey, the and address their concerns, not just in relevant. First of all, the bill that was great American judge, ‘‘I am for chil- the committee, but on this floor. introduced on January 4, 1995, was a dren first, because I am for society Mr. MOAKLEY. I thank the gen- new bill. It was different from any bill first, and the children of today are the tleman from Alabama. considered in the previous Congress. society of tomorrow.’’ Mr. Speaker, the gentleman is so cor- Moreover, 31, over half of the 51 We cannot progress in this country rect. The unfunded mandate bill and members of the Committee on Govern- unless we give every voice an oppor- the balanced budget bill both came to ment Reform and Oversight, did not tunity to be heard, especially here in the floor, and we could have waived even serve on the Committee on Gov- the halls of Congress where the laws points of order on each one of them, ernment Operations in the previous are made. but we know if we did that, we would Congress. H 790 CONGRESSIONAL RECORD — HOUSE January 26, 1995 The request for public hearings is not that were offered by the Minority. A Mrs. COLLINS of Illinois. I yield to a matter of procedure alone. Very key substitute offered by Congressman the gentleman from Massachusetts. groups that are affected by mandates MORAN was voted on and defeated be- Mr. MOAKLEY. Is the gentlewoman were not even involved in the drafting fore it was even read; pretty speedy. A telling this House that the very impor- process, and have had no chance to be different substitute was ruled out of tant matter of unfunded mandates was heard in the debate. order under an incorrect ruling that a rushed through your committee with- Mr. Speaker, these include ordinary second substitute was not in order. The out a hearing, without any minority citizens who may benefit from clean final ruling of the Chair was that the members being able to put an amend- air and clean water, who have children heart of the bill in Titles 2 and 3, deal- ment through? receiving special education or immuni- ing with regulatory review and legisla- Mrs. COLLINS of Illinois. That is zations, or who have parents receiving tive points of order, were out of the precisely what I am telling you. Social Security benefits. They include committee’s jurisdiction altogether Mr. MOAKLEY. As you well know, workers who receive the benefits of and could not even be amended. when it came before the Committee on workplace protections and minimum Mr. Chairman, let me point out that Rules, I discovered that there was an wage laws. They include private com- this revelation was not even known to error in the bill, that they had two sec- panies that are concerned about the the Minority until the committee was tions were exactly the same, and that competitive disadvantage they would well into the process of marking up was a very easy error to spot, besides face if publicly-owned competitors this piece of legislation. These proce- the point of order that could have lied were not required to comply with the dural abuses are important because against the bill. same laws with which they are forced they affect the outcome of the legisla- Mrs. COLLINS of Illinois. That is to comply. tion. right. Members had virtually no time to de- Let me give Members one example. Mr. MOAKLEY. When you were sub- liberate on the bill. The actual printed The proponents of the bill constantly committee chairman, did you ever em- version of H.R. 5 was not available have stated that their purpose was not ploy those kinds of tactics? until Friday, January 6, and the mark to ban unfunded mandates, but rather, Mrs. COLLINS of Illinois. No, I did up was held just two legislative days to require an explicit vote to waive a later, on Tuesday, January 10. In other not. The interesting thing is that when point of order that a bill contained an I was subcommittee chairman, I had words, Members had to try to find the unfunded mandate. However, Mr. time to read the bill over the weekend, rankers, and I think that those rankers Speaker, in their lightning speed to de- can tell you that I never employed when most of them were back home in velop the legislation, they forgot to in- their districts meeting with their con- those kinds of tactics in the 20-odd clude the procedure that would allow a years that I have been here and in the stituents. vote on the floor to waive the point of Mr. Speaker, at the markup, after many years that I have been a sub- order. They did the exact opposite, in committee chair. the opening statement by the chairman fact, and totally precluded such a vote. and myself, the chairman recognized a Mr. MOAKLEY. But yet the chair- Mr. Speaker, this was a monumental man of the committee to date heard Member who was not a member of the error. I think it is kind of akin to for- committee, who was a Member of the testimony from a nonmember of the getting to put a requirement to pass a House, however, who was seated at the committee and would not allow com- balanced budget in a balanced budget Clerk’s table, to make a statement mittee members to testify? amendment. After reviewing the bill concerning the bill. Mrs. COLLINS of Illinois. That is ab- over the weekend, we spotted the prob- Minority Members made points of solutely the case. And when we lem, but the Chairman’s ruling that order, contending that the Chair had brought that out, he said that this was this title could not be amended pre- no right to recognize Members who his prerogative to do so. cluded us from even trying to fix it at were not members of the committee to The argument was being put forth by all. Fortunately, a partial fix was fash- make statements. A point of order was others on the committee that this was ioned by your Committee on Rules, Mr. made that the acceptance of the testi- not a hearing. Well, what in the world mony constituted a hearing that fla- Ranking Member. was it if it was not a hearing? First of grantly violated both committee rules As a result of this excessive haste to all the man was at the witness table, and House rules. A point of order was steamroll the bill through committee, he was talking about the legislation. also made that the decision to accept the House is now forced to spend addi- He was going to be asked questions by testimony denied the Minority the tional time doing the work that should somebody else, but not the minority, right under House rules to call wit- have been done in committee. The certainly. And when he finished, he nesses selected by the Minority. voices of ordinary people, the workers, said, ‘‘Thank you for the opportunity In addition, Mr. Speaker, Minority the children, the elderly, were never to testify at this hearing.’’ That I Members requested an opportunity to heard, so their interests never got a thought was very interesting, to say question the Member, who was not sup- fair shake. the least. posed to be sitting there at a hearing, Mr. Speaker, I am pleased to report Mr. MOAKLEY. I thank the gentle- but who was at the witness table, but that so far the bill has been handled on woman. were even denied that opportunity, de- the floor in a pretty fair manner that Mrs. COLLINS of Illinois. I thank the spite House rules which provide an op- was denied to us earlier, although gentleman from Massachusetts. portunity to Members of the commit- there continue to be ominous threats Mr. MOAKLEY. Mr. Speaker, I yield tee to ask questions under the five- to stifle debate. to the gentleman from West Virginia minute rule. [Mr. WISE]. b In each case, Mr. Speaker, the Chair 2140 Mr. WISE. I thank the gentleman for ruled against the points of order, with I suspect that this is because we have yielding. the justification that the Chair has the been raising our voices against these Mr. Speaker, it is obvious that in any prerogative to recognize whomever he very abuses. I think the ranking mem- transition, there are always going to be chooses, even if it is in violation of ber of the Committee on Rules is to some rough spots and here we have a committee and House rules, I assume. certainly be commended for raising the situation where one party held power At the end of the testimony, the wit- issues of the roughshod treatment that for a number of years and has passed ness even thanked the Chair for the we are seeing here. I believe that only the gavel to another party. Democrats ‘‘opportunity to testify at this hear- by raising the issue can we hope to passed the gavel to Republicans. I say ing.’’ Again, this disregard of both contain it, and we hope to prevent this that from the get-go so that everyone committee and House procedural rules from being the kind of procedure that knows this is not a case of simply mi- is not in keeping with appropriate con- we will see for the rest of the 104th nority or Democratic whining. In fact, gressional conduct. Congress. I think in some cases the new major- The markup continued with contin- Mr. MOAKLEY. Mr. Speaker, will the ity, the Republican Party, has done an ued refusal to consider amendments gentlewoman yield? excellent job in presiding. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 791 The Speaker behind me and the That is what the gentlewoman from No, that is not the point. The point Speakers that have presided over the Illinois and I are so upset about on was we were not to be considered an past few days, the Speaker and the pre- this. In fairness, there is an open rule equal partner and were not able to siding officer today during the bal- on the floor. But this is like taking raise these points satisfactorily. anced budget debate have done excel- sausage out of the meatpacking factory In closing, let me just say that I lent jobs. They rehearsed and they where it is a messy enough job already think it is important that the Amer- practiced before they even took power. and moving it out into the city park ican public understands, this is not They stepped very smoothly into that where everybody gets to make it now, about whining and this is not about the role and they are to be commended for and 435 House Members are scurrying fact we are in the minority and this is that. But as they have anticipated that trying to draft this bill and put it back not about simply that we want to delay and made that run so smoothly, then I into a shape where there will not be the process. wonder what the design is and why it is some of the errors such as the gen- Indeed these kinds of tactics lead to that things are running the way they tleman from Massachusetts, the rank- delay. They lead to the delay of sloppi- are running in other areas. ing member of the Committee on ness when you have to clean up a bill That is, I think, something of a con- Rules, and others have noticed. that was not handled properly in the cern. The gentlewoman from Illinois There is another concern I have that committee to begin with. But it also [Mrs. COLLINS] who just spoke made happened here on the House floor just a leads to delay because after a while the case well. I also serve on her com- couple of nights ago. Once again people you do say, ‘‘I have to stop this train mittee. ought to be concerned about this be- somehow and if I can’t stop it and can’t This is not just some academic or cause this is how our laws are made or have normal discourse and conversa- parliamentary concern. Everybody are unmade. tion in the committee, then I have to ought to be concerned in this country, It was a motion to waive the regular come out here on the floor and do because when we say unfunded man- rules that were passed only a couple of something procedurally.’’ dates, that is a nice Beltway term. We weeks ago to say that committees But the purpose here is not to delay. are talking about clean water. We are could sit while the full Congress was Vote on every item in the contract. Do talking about whether or not the water amending pieces of legislation this it all in the 100 days. I do not think the you get out of your tap is of sufficient week. That was a fairly routine motion American people ever signed up to see quality that you want your children to a few years ago. But because of some of a train run through, have one constitu- drink it. We are talking about the the reforms that passed just 2 weeks tional amendment and major legisla- chlorosporidium in that water, such as earlier which ended proxy voting, that tion all done in 100 days, people not was responsible for the deaths of a is, being able to be on the House floor having the slightest idea half the time what they are voting on. number of people in a large metropoli- and give your piece of paper to your If you want to do that, fine. I get tan midwestern city, and indeed even chairman or ranking member and they paid to be here. I will be here 5 days a shut the water system down to the Na- would vote it for you so you did not week, 7 days a week, whatever it is. tion’s capital just a few months ago. have to be present, you could be here But just make sure it is done right. We are talking about clean air. on the floor tending to business here. The issue is not delay. It is delibera- Everybody in this country probably, Proxy voting was ended, committees tion. How much do you actually have a as I who grew up in an industrial area, were cut down, and staffs were cut by chance to deliberate? I am not in a knows what it was like 20 years ago one-third. mind to stop any item in the contract when you literally chewed the air on Laudable reforms. But they are not from being voted on. I do want time to certain nights in an industrial commu- laudable if you then make it impos- consider it fully and to deliberate it nity. You do not do that anymore. sible for them to work. Instead what the way it should. We are talking about food safety. We happened was with this, we were I thank the gentleman very much for are talking about something important threatened by the fact of having to be taking this time to make these points. in my neck of the woods, coal mine on the House floor tending to very im- Mr. MOAKLEY. Mr. Speaker, will the safety, where the number of deaths has portant legislation while at the same gentleman yield? been decreased because of the Mine time the Banking Committee had a Mr. WISE. I yield to the gentleman Health and Safety Act from 22 a couple hearing on the Mexican loan guaran- from Massachusetts. of years ago, way too many, to 9 this tees, the Committee on the Judiciary year. That is not a good record, either. might be working on the crime bill, our b 2150 But is far better than it was. own Government Reorganization Com- Mr. MOAKLEY. As the gentleman What this legislation could do is to mittee would be working on line-item knows, two committees have reported threaten all of those if this legislation veto and other major items, appropria- out bills either without a hearing or is not drawn properly. It is one thing to tion committees would be conducting not fully allowing the minority to par- ask for a cost estimate of what a new hearings, the Committee on the Budget ticipate, and they were told that they regulation or law will cost. It is some- would be working, and at the same can go to the Committee on Rules and thing else to say it cannot go into ef- time we are supposed to be debating a get an open rule. In one instance they fect if it is not fully paid for. major amendment to the Constitution got an open rule in the other instance I happen to believe that clean water on the House floor. An impossible situ- they did not. So I can see a practice of and clean air are things that are shared ation. starting up with the authorizing com- expenses. There is also a reason that That was bad enough, but what fol- mittee moves the previous question so States cannot enact these limits strict- lowed the way it was considered both- no amendments get adopted, send it to ly by themselves. One State enacts a ered me even more. That was when the Committee on Rules, get a closed rule stiff limit, a business says, ‘‘Fine, I’ll majority leader rose to make the mo- and you get a bill on the floor that has move across the border.’’ tion. It is, as I understand it, a privi- never be heard by anybody. That is Now many people want to be in a sit- leged motion. He controls all debate what I am afraid of. uation where their city may have a time which is routinely an hour. The Mr. WISE. I think there is an excel- wastewater treatment plant that practice is that you routinely, out of lent chance, particularly as we get cleans the water adequately but mean- comity, give half the time for debate close to the end of the 100 days, which while they are catching the raw sewage purposes only to the minority side. I believe is April 13. The West Virginia that is coming down from the city 30 That is something that the Democrats legislature is sitting right now in what miles upstream that does not? always did with the Republicans. is a constitutionally mandated 60-day Once again a Federal mandate makes He yielded, and that was only after session. Some States have other that impossible. This is not just aca- repeated asking, he gave us 3 minutes. lengths of time mandated. They under- demic discussion. If this legislation is They like to make the point, ‘‘Well, stand they are under a 60-day gun and not drawn properly, then great prob- there was only 8 minutes of discussion they, and I also know the way that lems can result. and you got 3 minutes.’’ there is a crush of legislation in that H 792 CONGRESSIONAL RECORD — HOUSE January 26, 1995 last 10 to 15 days and particularly in call on our side the contract on Amer- chairman, you talked about secret the last 3 nights. I have a feeling this ica. And now, all of a sudden, we are meetings. This goes into my Commit- is going to look every bit like what my rushing pell-mell, because of a victory tee on Commerce where the other side States legislature is preparing to do on the other side of the aisle, to formu- of the aisle, the Republicans decided which this is suppose to be a full time late this into legislation. they are going to have secret meetings deliberative body, I think around April It is being done without deliberation, with those on telecommunications. 13 we are going to be racing pell-mell Mr. Speaker. It is being done without They said this is because our people to meet somebody’s contract, and to hearings. That legislation as you have have to come up to snuff on these is- heck with the details and what is in it, heard from the people who have spoken sues. What about everybody else? we will clean it up later in conference. before I came to the floor, with glaring Democrats never did that, 40 years, I think it is just incredible. mistakes, huge errors, and who knows never did that. Never went behind To the gentleman from Massachu- what else is wrong with it, that no one closed doors, with those people who setts I will express another concern has caught yet, because we did not go were impacted raised by the gentlewoman from Illi- through the appropriate deliberatory Wait a second. Who is behind the nois. We have an open rule on this un- process of subcommittees hearings, full closed doors? Rupert Murdock, who in- funded mandates bill. I am wondering committee hearings and markups in cidentally, the Speaker has a little if this thing goes longer than tomorrow both of the same. business deal going with for $4.5 mil- and becomes inconvenient how quickly So we have got some problems. And lion, until everybody started to kick we lose that open rule. That I think now today we say, 3 weeks into a and scream. All of a sudden it went will be the test. brand-new Congress we are going to down to a buck. And, ‘‘I will take a Mr. MOAKLEY. That is done at the take 3 days and decide that we are commission on it.’’ prerogative of the Speaker. going to amend the Constitution. The But I would want witnesses, Mr. Mr. WISE. Yes, sir, it is. Thank you. heck with James Madison, the heck Speaker, if I was in that meeting, I Mr. MOAKLEY. I thank the gen- with Thomas Jefferson, the heck with would want witnesses. I want some- tleman very much. all of our Founding Fathers. With one- body from the Democratic side to say, I yield to the gentleman from Penn- fourth of the Congress as brand new, well, there was not any kind of she- sylvania [Mr. KLINK]. again, 3 weeks into the new session, 3 nanigans going on. We were being true Mr. KLINK. Mr. Speaker, I thank the days of deliberation, we are going to and honest and forthright, and since we gentleman from Massachusetts first of change 220 years of American jurispru- have a telecommunications bill, which all for asking for this time and for in- dence, rewrite the Constitution. is going to come up in which people are viting me and other Members to par- It does not mean anything. That is going to make or lose fortunes, since ticipate. like saying, Mr. Speaker, the Flag be- that is going to happen on the floor of Ladies and gentleman, I think what hind you does not mean anything. this House, and I am going to be having we need to understand is that we have The Constitution of this country is a dinner with the big people who run a situation where we have been talking document upon which not only our de- that business, including Mr. Rupert about the unfunded mandates bill and mocracy is founded but many other Murdoch and his $4.5 million book deal, talking about the balanced budget governments have been founded be- I want everybody there so there is no amendment. These are no normal cause it works. And yet we are racing questions. We walk out of that room pieces of legislation. pell-mell to change that document, be- and everybody knows what was said. For example, the unfunded mandates cause it is politically expedient at this There is no problem. bill impacts every piece of legislation time for us to do so. But no, we are locked out. The people that deals with the Federal Govern- I have got a pretty good committee of Pennsylvania were locked out be- ment’s relationship with States or assignment. I am on the Committee on cause RON KLINK was not there. The local government, every piece of legis- Commerce. My chairman on the Com- people of the other States, and the rest lation and, as the gentleman from West mittee on Commerce, Mr. BLILEY, is of this country were locked out be- Virginia pointed out, that may sound someone I have a tremendous amount cause their Representatives were not good to some people that think the of respect for and really look forward there, because they are Democrats. Federal Government has gotten too to working with. JACK FIELDS is my That is not right. That is not correct, big, except that I think I like the idea chairman on the Telecommunications it is not the way this institution was my medication is safe, I like the idea Subcommittee, a fellow I have enjoyed run when the Democrats were in my drinking water is clean, I like the since I have been here. We have become charge. It is not the way this institu- idea the air is clean, my food is reason- good friends. We play basketball to- tion has even been run before. ably safe. And I really like the idea gether. I really enjoy his company, and What makes the telecommunications when I put my money in the bank, the he has been very fair with me. The issue particularly one that is a problem safety and soundness of that bank is problem is, there are so many people to me is we have talked on the other guaranteed by Federal regulatory on that side of the aisle who are good side about privatizing the Public agencies. And when I invest my money legislators, who come into markups, Broadcasting System. My question is in bonds and stocks in Wall Street I who come into deliberations, come this, how many of the people sitting at know the SEC is watching so my life onto the floor of this House and, like that dinner may be interested in buy- savings, everything I have worked my you, Mr. Speaker, they care about this ing PBS. There is going to be some entire life for is being protected. My institution. money to be made there. kids’ college money is probably going But my fear is they are being over- I do not know if that was brought up. to be there, unless I invested it in Mex- ridden by someone up above them who I have no idea, but I do care. I have no ico. But as long as I kept my money in decides solely upon himself who is idea if it was brought up. I just have to the United States, I have reasonable going to be a chair and who is going to raise that possibility because I was not expectations that the Federal regula- be a subcommittee chairman, whose in the room. I am a Democrat. I am not tions are going to make sure that that legislation is going to come to the allowed to participate. money is going to be there. floor. So good Members who we have As a reporter for 24 years, I was never These are the kinds of things that worked with for many, many years I gagged. I had people threaten my life if this piece of legislation will impact, fear are not going to be able to work I told stories about things that they our ability to make sure that those with us. We have what I think is a had done from dirty politicians to mur- safeties still exist. quasi-dictatorship in the greatest legis- derers, rapists, drug dealers. Never was What we have 3 weeks into the new lative democracy in this entire world, I told that I could not speak, never was Congress is something that was de- and we are gong to be forced to have to I stopped from speaking until I came to signed to win an election. Focus groups deal with it. the House of Representatives. And we were put together, lobbyists were con- The former chairman, I still have to were told that we only had 3 minutes, sulted, and we came up with what we refer to you like everyone else, as because we are Democrats. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 793

b 2200 nia [Mr. KLINK] did an extremely good Well, some of us asked the chairman Because the other side only wanted job of expressing the emotions that are to read the rules of the committee and to talk for 5 minutes, we could only often felt by Members who represent of this House. Those rules provide that have 3 minutes on something that, as close to a million people apiece, and there must be 7 days’ notice of any the gentleman from West Virginia [Mr. expressing for the American people hearing, because it is a public hearing, WISE] said, has dramatic importance on what it means to have a democracy. and each and every Member of this how this House operates. When you So I would like to get into some de- House is entitled to have notice of that have got a train run by the Repub- tails about what I have seen, and this hearing, but more importantly, the licans going down the track at 120 is my second year in the Congress. I public of the United States is entitled miles an hour, and committees are just finished 2 years in the first ses- to have notice of this hearing, espe- talking about every kind of possible sion. cially on a matter as important as a legislation, changing the Constitution, I would like to just for the RECORD constitutional amendment. changing every other bill in which the make some remarks about what I have We pointed out that rule that said Federal Government and local govern- seen procedurally occur here. that in order to reduce the amount of ments, and State governments interact We should have known it was a bad time required for notice from 7 days to with each other, and we are being told, omen when on the very first day of the something less there had to be good ‘‘Well we are going to change the rules. session when we had a new majority cause, and there had to be a vote by You can be either here where we are come in and say, ‘‘This is a time for the committee, or a determination, I changing the Constitution or you can openness, for change, for a new way of should say, by the committee to reduce be over there where we may be chang- doing things, for independence in the the time to notice a hearing for good ing the Constitution, but you cannot process,’’ that the first thing we do is cause. So we asked the chairman, ‘‘Mr. be both places at one time, and that is debate the rules which will govern this Chairman, you are invoking this clause because it is the way we want it to be.’’ House and to debate those rules, we did that allows you to reduce the amount Mr. Speaker, it is wrong. We are it under what is called a closed rule of time for good cause once it is deter- being gagged here, being railroaded, which does not allow free and open de- mined by the committee that you can and so, too, are the American people, bate. do so?’’ And he said, ‘‘Yes, I am. I be- and so, too, is the Constitution of this If I had an amendment, and I did, to lieve,’’ he said, ‘‘There is good cause.’’ We asked what the cause was, and, of great Nation. the proposed rules that were being of- Mr. MOAKLEY. Mr. Speaker, it course, it related to the Contract on fered by the Republican majority on seems strange that the balanced budget America that the Republicans have how to govern this House, I could not amendment came out under a closed been touting for the last several offer that amendment in this, the Peo- rule where only 5 amendments were al- months. ple’s House. I could not, regardless of lowed, and some 25 were rejected. Now, that does not, to me, seem to be how good it was, how much merit it When you look back at the Founding good cause. We have 2 years in this had, and how simple it might be, Fathers, when they put the bill of Congress to proceed, and we should cer- whether it could get a majority vote or Rights through, the first constitu- tainly deliberate a constitutional not, up or down vote, fail or pass. It tional amendment, it was a wide-open amendment. made no difference. I was not allowed rule, and there have been many wide- When we asked him, ‘‘OK, well, we open rules, and I do not see why this as were none of my Democratic col- will not debate you on the issue of good was not a wide-open rule. leagues allowed, to offer any amend- cause, because, as Republicans and as The Republicans keep talking about ments, the first day of this new and the majority, you can overrule us on openness and openness, and here you better Congress. what is good cause.’’ So we then asked have graphic demonstrations of just Well, not 1 day had passed, not 24 then, ‘‘How do you get around the fact the opposite. hours had passed, when the majority that the committee determines, the I just want our Members to look be- again violated its own adopted rules, committee, not one individual, whether hind the words, to see what is happen- this time in the Committee on the Ju- or not the person be chair of the coming, not what they are saying, and I diciary, and I want to mention some- mittee, but that the committee under think we will find that there is a big thing. This is the committee, the Com- the rules is to determine when there is difference between the rhetoric and the mittee on the Judiciary, which is sup- just cause to reduce the time frame for act. posed to deal with dispensing the laws notice?’’ The chairman did not have a At this time I yield to the gentleman and dealing with things like our Con- very good answer, but he did say that from California [Mr. BECERRA]. stitution, and for this committee, I be- his ruling remained, that he would re- Mr. BECERRA. Mr. Speaker, and Mr. lieve there is a heightened responsibil- duce the amount of time, and that Chairman—or I should say the ranking ity in acting in compliance with the there would be a hearing. member from Massachusetts, I would law and with rules. I then inquired of the chairman how like to thank him for yielding to me. Yet this committee on its first day of I could get a ruling or an interpreta- Mr. Chairman, perhaps what I should organization, the very first day that all tion of the chairman’s ruling, because do is start, given all that has been said the Members of the committee get to- in essence, he was interpreting the so eloquently by my colleagues on the gether, the new members and the re- word ‘‘committee’’ to mean ‘‘chair- Democratic side of the aisle, by saying turning members alike came together man.’’ So that at any time the commit- it is ironic and sad that perhaps our on this very first day. What do we find? tee had to take action, the chairman, best course of action, to be able to en- We get a notice form the chairman, the one individual in a committee of some gage in free and unfettered debate on gentleman from Illinois [Mr. HYDE], of 30-odd people, the chairman by himself the floor of the House, these days, is the committee, saying in a matter of 2 could make the decision for the entire unfortunately through these special or- days we will be holding hearings in the committee. ders which is not really a part of the Subcommittee on Constitutional Law He said, ‘‘Take it to the par- actual official activity of the House. It on the balanced budget amendment. liamentarian. That is what I suggest is after we have adjourned in the sense The minority members, the Democrats, you do.’’ Well, I did. of the official business, but we do have were taken aback. That was the very That next day I wrote to the Par- a chance to place some remarks in the first time we were given notice that liamentarian, and I said, ‘‘During the RECORD. Yet it comes at a time when there would be any hearing whatsoever full Judiciary organizational meeting we are not debating legislation, when on a balanced budget amendment, an held on January 5 at which the com- almost no one is in the room at the amendment to the Constitution of the mittee’s rules were adopted, a question hour of 10 p.m. at night so we can ex- United States, an amendment which was raised in relation to the language press to the American people exactly will radically change the way we do of the rules adopted. Chairman HYDE what is going on. things, because it will be ingrained in recommended that a written inquiry be I would like to do something, because the fabric of America through our Con- made to your office,’’ and this is ad- I think the gentleman from Pennsylva- stitution, 2 days’ notice. dressed to the Parliamentarian. ‘‘The H 794 CONGRESSIONAL RECORD — HOUSE January 26, 1995 language of rule III(a),’’ which is the Then we went to markup, which of us, in fact, one of the members on rule in question here, ‘‘states, ‘The means consideration of the legislation the committee on the Republican side committee or any subcommittee shall itself with amendments. At that hear- said he had to leave to go to his dis- make public announcement of the date, ing we were told, ‘‘Prepare your trict, and that was one of the reasons place, and subject matter of any hear- amendments, and you will have them the chairman gave they had to con- ing to be conducted by it on any meas- heard.’’ This is of, course, a hearing on clude the entire hearing. For one mem- ure or matter at least 1 week before a constitutional amendment. So natu- ber. We still had a quorum, we had a the commencement of that hearing un- rally you would presume that we would lot of members, but he had to leave. I less the committee or subcommittee have a chance to prepare amendments can understand why he had to leave. before which such hearing is scheduled and offer them on something as signifi- But that is no reason to halt the entire determines that there is good cause to cant a matter as a constitutional hearing. begin such hearing at an earlier date in amendment. We are being devastated in Los Ange- which event it shall make public an- What did we find? We started at les by the floods and all the rains. I had nouncement at the earliest possible about 9:30. The chairman had an an amendment that would say the fol- date.’ ’’. amendment of his own. That took lowing: In the event where we have a My letter continues, ‘‘There was about 1 hour, 1 hour and 15 minutes. We balanced budget that requires us each some question as to the meaning of the took about a 1 hour and 15-minute year to balance our budget, in the words ‘committee’ and ‘subcommittee.’ lunch break. In between there we took We would appreciate the guidance of about a 20-minute break at the request event we were very fortunate in a given the House Parliamentarian in defining of one of the Republican members. year that we had a small surplus, we the scope and meaning of the words After perhaps 5 hours of debate in com- were very good at estimating and we ‘committee’ and ‘subcommittee’ in rule mittee, for the time in this Congress, ended up with a surplus, rather than III(a) of the House Judiciary Commit- on a matter that will affect every sin- just not make use of that surplus and tee rules.’’ gle American through the Constitution put it back into the treasury and lose The response we received back from of the United States, the chairman it, hold onto a small amount and use it the House Parliamentarian made it said, ‘‘I am closing now this hearing at like a rainy day fund, the way most very clear that Chairman HYDE had 6 p.m.’’ families do and the way most State ruled improperly. He had acted in vio- About 11 amendments from Demo- Governments do. So that in the event lation of the rules, and he had sched- crats had been presented and disposed the following year or maybe 2 years uled a hearing in violation of those of by that time; about 20 amendments from then, if we got into a recession or rules. by Democrats still remained. We asked we a major natural disaster affecting The response of the Parliamentarian, the chairman why he was closing down. the Nation and causing a national and I will ask that this be admitted He said we must close, we must close, emergency, if we had something like into the RECORD in a moment, said in we have to move on, we are rushed. that happen, we would have a small re- part, ‘‘I would interpret this rule to re- Six p.m., we are rushed; rushed be- serve fund, a rainy day fund, to be able quire a committee or subcommittee de- cause they had to move quickly so they to pull some moneys out. So we would termination, as the case may be, as to could have the constitutional amend- not always have to worry about raising when hearings should commence when ment bill heard here on the floor of the taxes or cutting other programs, but that question is raised by a committee House. This is the first week of the ses- we would have funds to make up for member in a timely manner to go as sion, within the first 7 days of the ses- that emergency. follows: In my experience, committees sion. Well, my second amendment was im- and subcommittees have often deferred Well, we pointed out to the chairman portant. I know it was important not to their chairmen for the purpose of es- that it was 6 p.m., and, as we are here only because it preserves the ability to tablishing hearing dates. Where the tonight, we are here late, there was no help out in those bad years, but be- question is raised in a proper manner, reason why we could not continue on cause sometimes in Government we however, I would conclude that,’’ and because we had further amendments. I have what is called a use it or lose it here it is, ‘‘the committee or sub- had one in particular that I will raise mentality. If a State agency knows it committee as a collegial body must in a second. has $100 million to spend and they end ratify the scheduling and calling of Then we also pointed out to the up finding they spend $90 million and hearings.’’ The committee, not the chairman when we learned that floor there is $10 million there at the end of chairman. consideration of the constitutional amendment would not be heard until the year, but if they know those $10 b 2210 this week of January 23, 1995, that was million goes back to the treasury and So in 2 days we had two major viola- the first day of debate on the floor of they do not get to use it, they say, tions of what the Republicans have this House on the balanced budget ‘‘Wait a minute. We could do a lot of been saying they would do. One was a amendment; yet, on or about January 9 things with this $10 million. And if we violation of their own promises. Second or 10 we are being told there was no don’t do it now, we can’t do it later. So was not only a violation of their prom- more time available, no more days use it rather than lose it.’’ ises, it was a violation of the rules that available for Democrats to have their So you get inefficient spending of govern this House. remaining amendments heard. money, and rather than promote that What galls me a bit more about this Very disturbing, to say the least. use it or lose it mentality, I said let us as I think about it a bit and as my gut Now I had an amendment. I had a put some of that in a rainy day fund. I tries to internalize it, is about 10 of the chance to present one of my amend- though that was a fairly reasonable members on the committee are new. ments, but I was not allowed to present amendment. I did not have a chance to Seven of the new members are Repub- my second amendment. That second present that in committee, and, by the lican members who talked about inde- amendment to me was extremely im- way, I did not have a chance to present pendence and openness and how this portant, and I think to the people in it on the floor of this House when we would be a new, fair Congress and California extremely important, not to debated the balanced budget amend- things would change. say that it would not be important for ment because of the closed rule on this That is what they championed as the entire Nation. But it was impor- constitutional amendment for a bal- they ran for election. What is the first tant to the people of California and im- anced budget. thing they do? They vote lockstep, not portant to the people of Los Angeles Let me, before I move on, include the even questioning the chairman’s rul- for one particular reason: We have ex- two letters that I referred to into the ing; lockstep they vote with the chair- perienced earthquakes, floods, fires; in RECORD at this point, the letter I sent man to reduce the time for the sub- many ways the area of Los Angeles has to the parliamentarian and the par- committee hearing to be held, not been devastated over the last 2 years. liamentarian’s response. questioning whatsoever the validity of We were at the time experiencing The two letters referred to are as fol- the chairman’s ruling. some major problems with floods. A lot lows: January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 795 THE SPEAKER’S ROOMS morrow my committee, the Committee first part of the Contract With America U.S. HOUSE OF REPRESENTATIVES on the Judiciary, is going to hold an- that is going to be broken by the new Washington, DC, January 10, 1995. other hearing to mark up legislation, leadership of this House. Hon. XAVIER BECERRA, again to consider legislation and to The first issue I want to talk about is Hon. BARNEY FRANK, U.S. House of Representatives present amendments, this time on a again what I consider not a major Washington, DC. crime bill. issue, but it highlights some of the DEAR REPRESENTATIVES BECERRA AND What is the problem? Well, tomorrow problems we face as we try to gain ac- FRANK: In your letter of January 6, 1994 you we are going to mark up this legisla- cess to the floor and vote on the floor, mention that the Committee on the Judici- tion, we are going to take up amend- is relatively easy for people to under- ary, at its organizational meeting held on ments, and do you know when we got stand, and that is the issue of frequent January 5, adopted the following committee notice of this? When we got first wind flyer miles. rule IIIa: of this legislation and any amend- ‘‘The Committee or any subcommittee ments, when we first set our eyes on b shall make public announcement of the date, 2220 this? About 3 hours ago. My staff lets place and subject matter of any hearing to Now, as everybody knows, Members me know that they just received a be conducted by it on any measure or matter of Congress are entitled to fly back and packet of amendments and the bill it- at least one week before the commencement forth to their districts, and the tax- of that hearing, unless the committee or sub- self, and tomorrow we have to be pre- committee before which such hearing is pared to debate that legislation, debate payers pay for those trips. Unfortu- scheduled determines that there is good any amendments that the Republicans nately what a lot of Americans do not cause to begin such hearing at an earlier have proposed, and somehow, somehow, know is that Members of Congress can date, in which event it shall make public an- come up with our own amendments to use those frequent flyer miles that nouncement at the earliest possible date.’’ that legislation that we are only now have been accrued at taxpayers’ ex- As required by clause 2(a)(2) of Rule XI of pense. Members of Congress, the House the rules of the House, this committee rule going to get to see. We had no hearing in full committee. of Representatives, can use those to fly is consistent with clause 2(g)(3) of Rule XI of to Florida, Hawaii, France, anywhere the rules of the House. I would interpret this Mr. Speaker, I will close only by say- rule to require a committee or subcommittee ing that this is again nothing strange. in the world, and we have missed sev- determination, as the case may be, as to We see it happening all the time. It is eral important opportunities to change when hearings should commence, when that most disconcerting to see it coming that seriously flawed policy. question is raised by a committee member in from the Committee on the Judiciary. Let me explain to my colleagues why a timely manner. In my experience, commit- Mr. Speaker, who loses? Obviously, it I thought this was an easy topic and an tees and subcommittees have often deferred is not just us, it is the American peo- easy issue to address and the frustra- to their chairmen for the purpose of estab- tion I have had in even getting a vote, lishing hearing dates. Where the question is ple. raised in a proper manner, however, I would So I thank the gentleman from Mas- even getting a vote on this floor of the conclude that the committee or subcommit- sachusetts [Mr. MOAKLEY] for making people, to address this relatively minor tee as a collegial body must ratify the call this time available and thank the item: and scheduling of hearings. This is to be dis- chairman for his latitude. Last year, when we considered the tinguished from the authority conferred in f Congressional Accountability Act, clause 2(c)(1) of Rule XI for chairmen of com- there was included in that legislation mittees (and subcommittees) to call and con- THOUGHTS ON THREE IMPORTANT an amendment from the floor on a vene additional meetings of their commit- ISSUES voice vote. No one objected. No one tees for the conduct of committee business. Please let me know if I can be of further The SPEAKER pro tempore (Mr. called claims of germaneness. No one assistance. CAMP). Under the Speaker’s announced argued against it on the merits. It was Sincerely, policy of January 4, 1995, the gen- included in the bill, and that prohib- CHARLES W. JOHNSON. tleman from Wisconsin [Mr. BARRETT] ited Members of the House of Rep- is recognized for 60 minutes as the des- resentatives from using their frequent CONGRESS OF THE UNITED STATES, ignee of the minority leader. flyer miles for personal use. HOUSE OF REPRESENTATIVES, Mr. BARRETT of Wisconsin. I thank Now that bill died, but a precedent Washington, DC, January 6, 1994. the Chair. was set. We knew that it was attached Hon. CHARLIE JOHNSON, House Parliamentarian I want to congratulate the gentleman to that bill, and it was, in many ways, DEAR PARLIAMENTARIAN: During the full from Massachusetts [Mr. MOAKLEY], relevant to the Congressional Account- Judiciary organization meeting, held on Jan- the ranking member of the Committee ability Act. uary 5, at which the Committee’s rules were on Rules, for doing an excellent job to- Well, when we came back this year, I adopted, a question was raised in relation to night, and I would like to follow up on asked the Speaker, and I asked the the language of the rules adopted. Chairman some of the comments that he and pre- Committee on Rules, to permit me to Hyde recommended that a written inquiry be vious speakers have made, all of whom present this amendment to the floor in made to your office. have done an excellent job of pointing two places; one, in the rules that the The language of Rule III a., states: ‘‘The Committee or any subcommittee shall make out some of the problems that we en- House would consider on the first day public announcement of the date, place and counter when we try to move pellmell of session; and, second, in the Congres- subject matter of any hearing to be con- through a legislative agenda that is ba- sional Accountability Act, again a very ducted by it on any measure or matter at sically set by focus groups. simple amendment. The amendment least one week before the commencement of In doing so tonight, I would like to would say that Members of Congress that hearing, unless the Committee or sub- discuss three issues, one of which is a could not use the frequent flyer miles committee before which such hearing is relatively non-major issue but is one paid for by the taxpayer, that those scheduled determines that there is good that highlights some of the problems miles could not be used for personal cause to begin such hearing at an earlier date, in which event it shall make public an- that we face as we try to gain access, use. nouncement at the earliest possible date.’’ simply to have open votes on the floor All I wanted was a vote. If the Mem- There was some question as to the mean- of the House of Representatives. bers of the House of Representatives ing of the words ‘‘committee’’ and ‘‘sub- The second issue is, I think an issue decided that they wanted to use these committee’’. where I think again you see what the miles to fly to France, they could vote We would appreciate the guidance of the problems are of having Government by that way. But I was not given a vote. It House Parliamentarian in defining the scope focus groups because we are so caught was a closed rule when we considered and meaning of the words ‘‘committee’’ and up in trying to get through this politi- the rules of the House. It was a closed ‘‘subcommittee’’ in Rule IIIa of the House Judiciary committee’s rules. cal document, the Contract With rule when we considered the Congres- Sincerely, America. sional Accountability Act. I was told it XAVIER BECERRA. The third issue I would like to talk would be ruled nongermane if we tried BARNEY FRANK. about tonight is an issue actually con- to include it in the motion to recom- Well, all of that being said, let me tained in the Contract With America, mit, even though when it was brought bring up one last thing. Guess what, to- but unfortunately appears to be the up on the floor last year no one from H 796 CONGRESSIONAL RECORD — HOUSE January 26, 1995 the then minority side raised the issue forms for their taxes so they know how working people in this country, and of germaneness. much taxes they have to pay by April that is not something we should do. But the story does not end there be- 15. Now the third issue that I want to cause, after the Congressional Ac- Now included in those millions of talk about tonight, and the final issue, countability Act left the House of Rep- people who have to do their taxes by may surprise you a little. During the resentatives, it went to the Senate, and April 15 are probably 10 to 12 million course of the campaign, like many the Senators could see that this is a people in this country who are self-em- Democrats, I criticized the Contract common sense issue that could be eas- ployed. Like all others, they have to With America and many provisions in ily addressed. So Senator FORD put in pay their taxes by April 15, but they it because I felt that they would in- an amendment that would prohibit are in a little different situation this crease the size of our Nation’s deficit. Members of both Houses of Congress year. They are in a little different situ- from using frequent flyer miles paid for ation because on December 31, 1993, b 2030 by the taxpayer for personal use. Mem- their ability to deduct health care But there was one issue in particular bers of the Republican Party in that costs was ended. It expired December that I said publicly throughout my House raised issues of comity and said 31, 1993. It was believed that last year, campaign that I agreed with. I am a that we, those in the Senate, should when we were considering health care, strong supporter of the line-item veto. not be setting the rules for the Mem- that health care reform, that that I think that the President of the Unit- bers of the House of Representatives. would be resolved and addressed. But, ed States should be able to take out The majority Members on a party line as that issue fell apart in the closing pork barrel projects and tax breaks vote in the Senate agreed with that. days of Congress, it was not extended. that have been garnered through back- So, we created an even more bizarre So right now you have a situation room deals in the U.S. Capitol. situation. The U.S. Senate included in where the people in this country who I thought that was good. I was actu- the Congressional Accountability Act are self-employed have lost their 25 ally happy that the Republicans’ Con- language that prohibited U.S. Senators percent deduction for health insurance. from using frequent flyer miles paid for tract With America included that. So I Now bear in mind that, if you work by the taxpayers for personal use, and was excited as a member of the Govern- it sent the bill back to the House of for a corporation, a hundred percent of ment Reform Committee when I was Representatives, presumably to let the the health care costs are deductible for told that the line-item veto bill would House of Representatives address the the corporation. But if you are self-em- be coming to the committee I served issue for this Chamber. It came back, ployed right now, you cannot deduct a on. But I was actually rather shocked and again I asked the leadership if we penny of it. That is not an issue that when the bill came to my committee, could address this issue either in an the leadership in this House appears to and I was shocked because the bill only amendment on the floor, or through care about at this time. does half the job. the motion to recommit, or through Now why should we care about it at Let me explain why. As you are well the instructions to resolve this issue. this time? Well, it is obvious why we aware, Mr. Speaker, there are two dif- The leadership said no, we would not should care about it at this time. Be- ferent sources for pork barrel spending have a vote on the frequent flyer issue. cause it is tax season. Millions of and special projects in the House of So, what is the end of the story? The Americans throughout this country are Representatives. One is through the end of the story is for the first time going to be preparing their tax returns Committee on Appropriations, where that I can discover in the history of by April 15. Members of Congress can add special this country we have a law pertaining Now what I have been told is, ‘‘Well, projects for their district or they can to the standard of conduct for the that’s all right. We can always retro- add things like mohair subsidies or he- Members of the U.S. Senate which is actively extend the deduction for self- lium subsidies. And then there is an- different than the standard of conduct employed people after we’re done with other place, a second place where prof- for the Members of the House of the the Contract With America, after we ligate spending takes place, and that is Representatives. For the first time in rush pellmell through this focus group through the revenue bills. That is the Nation’s history that I can discover created set of priorities.’’ where you see the tax lawyers and lob- the standard of conduct for Members of Now the reason I take issue with that byists get together and come up with this House is lower than the standard is because self-employed people in this some clever idea for accelerated depre- of conduct for the Members of the U.S. country do not have a lot of lobbyists ciation, or some sort of type of special Senate. in this city. They do not have powerful treatment for some taxpayers, that Now I consider that embarrassing, groups that are speaking for them. most taxpayers are not entitled to. and I consider that disappointing. But They are ma and pa stores. They are They are both serious problems, and it is somewhat ironic that after 40 people who are struggling to pay their in many ways the problem of having years in the minority, 40 years of Sibe- bills, and we are going to require them items hidden in revenue bills is more ria, the Republicans gain control of the to file an amended tax return later in serious than the problem of having House of Representatives, and in the this year if they want to be able to de- items hidden in appropriations bills, very first bill that is passed under the duct their health care premiums be- because as we all know over the next 5 Republican leadership in this House we cause we do not want to address that years, the amount of discretionary set a standard of conduct in the House issue right now. It is not important to spending we are going to be entitled to of Representatives that is lower than the majority in this House to have self- have that is going to be governed by the standard of conduct in the U.S. employed people being able to deduct the appropriations committees will Senate, and it is over an easy issue. It their health care premiums for 1994. shrink. Not so when you have time is an issue that I simply want to have Now who are the winners in this? bombs hidden in revenue bills. a vote on, and I hope at some point we Well, the winners are obvious. The win- Well, you can imagine my shock will get a vote on that issue. ners are the accountants because they when I looked at the line-item veto bill So, that is the first issue I wanted to are going to be the ones that are going and saw the ability of the President of touch on tonight, Mr. Speaker. The to be required to file the amended re- the United States to take out special second issue I want to tough on I think turns after April 15 when we decide tax breaks was severely limited. In is an example of where, through focus that we are going to extend this health fact, the bill that was introduced said group government, we are missing an care deduction for self-employed peo- that in order for the President to have important opportunity to address an ple. But the 10 and 12 million people in the ability to use his line-item veto to issue that is of concern to many Amer- this country who are depending on this take out special tax breaks, fewer than icans, millions of Americans, in this and need it are being ignored. five people in this country would be af- country. We are in the last week of Mr. Speaker, they should not be ig- fected by that. In other words, it could January. That means that millions of nored. We should address this issue. We only be if it affected one, two, three, or Americans throughout this country are should address this issue long before four people in this county of 260 mil- getting there W–2 forms and their April 15 because we are hurting a lot of lion. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 797 So I scratched my head and thought taxpayer or limited class of taxpayer something that was taken from the that is not what I thought the Contract on any bill. Contract With America. Now you are with America said. In fact, I recalled So twice now we see the Republicans telling me it is too broad? when we had the debate 2 years ago telling us that they want to control I went back and checked the RECORD over expedited recision, the then mi- special tax breaks that are hidden in 2 years ago. Two years ago Mr. CLINGER nority leader, Mr. Michel, offered an revenue bills, and they want to do it by got on the floor of the House of Rep- amendment, and he offered an amend- giving the President the line-item resentatives and he talked about this ment which I have with us tonight, an veto. Again, I applaud them. exact same amendment. Let me tell expedited rescission amendment. Well, it wasn’t just in this narrative you what he said. He said: His amendment stated that the tar- that we had this discussion, because I agree with the minority leader that it is geted tax benefit means any provision the Republicans also prepared copies of important that the President be able to sin- which has the practical effect of pro- bills that they would introduce in the gle out both excessive and unnecessary viding a benefit in the form of a dif- 104th Congress to honor the Contract spending and special sweetheart tax provi- ferential treatment to a particular tax- With America. In one of those bills, it sions for an individual vote. payer or a limited class of taxpayers, is a joint resolution proposing a bal- Often such provisions are buried in large whether or not such provision is lim- anced budget amendment to the U.S. bills, and Members may not even be aware of ited by its terms to a particular tax- Constitution, and it includes language each of these individual provisions when payer or a class of taxpayers. Such in here about giving the President the they vote on a nonmiscellaneous bill. The term does not include any benefit pro- line-item veto. And lo and behold, in American people hear of these special tax vided to a class of taxpayers distin- the section on targeted tax benefits, it giveaways only after they take effect, and guished on the basis of general demo- includes language that is identical to they are outraged at the arrogance of Con- gress to give such special deals to special graphic conditions such as income, the language that we saw both in 1993 friends. A meaningful way to strike these number of dependents, or marital sta- when Mr. Michel presented the amend- provisions from omnibus tax bills is one way tus. ment, consistent with the document for the government to reclaim the respect of Mr. Michel introduced that as an that was presented to us in the book, the American people. amendment to the expedited rescission and one that I support fully. bill 2 years ago. And on this very floor Now, what happened? Was there some b 2240 he gave a long discussion, talking sort of oversight, where after three That is what the chairman of the about the need to control these special times prior to the introduction of the committee said 2 years ago. This week tax breaks, tax expenditures. Very bill in the Committee on Government he argued against the identical lan- briefly I wanted to quote what he said. Operations there is a carefully con- He gave a long colloquy on the floor structed definition of targeted tax guage, when the rubber meets the road, here, but I just want to talk about one break? But when we get to the actual when we have to decide whether we are paragraph in particular. language of the bill that is before us going to keep those special tax breaks This is Mr. Michel, our former minor- now, it is very limited and has a very in these revenue bills or we are going ity leader speaking here. Quite frankly, limited impact in a country with 260 to give the President the power to take if you are for special interests, then million people? them out. vote against my amendment. If you are No, I don’t think it was an accident. There was a change that took place for a more complex Tax Code, then I will tell you what I think is going on in the committee that I serve on. That vote against my amendment. Now, if here. There is gold in them that there change was instead of five Americans you believe that the President should bills. There is gold in them there tax being affected, it had to affect fewer not be held hostage to any special in- bills, those revenue bills. And the Re- than 100 Americans. This is obviously a terest, then I say vote for my amend- publicans do not want to give the step in the right direction. but by ment today. It will make a better piece President of the United States the au- tying to it a specific number, you are of legislation. thority to take out those special tax really not getting at the core of the Well, that was presented on the provisions. They understand that what problem because, as the speaker prior House of Representatives, and a major- is going on here is that we have got to me talked about tonight, he talked ity of the Members of this House limited appropriations and the amount about telecommunications bills. agreed with Mr. Michel. A majority of is dropping. So tax lawyers and lobby- Well, there are many different tele- the members on a bipartisan basis sup- ists in this town know it is not smart, communications companies in this ported him in his valiant attempt to it is not growth industry in this coun- country. And if you have a situation control tax expenditures and special try, to go for quick appropriations. But with that industry, and I do not mean tax breaks that are hidden in revenue there is a lot of smart people in this to single out the telecommunications bills. town, there is a lot of smart tax law- industry, but any industry that meets But that is not the only place where yers, a lot of smart lobbyists. And they behind closed doors with the leaders of we have discussed this issue. So it know if they can get a special tax this new majority party and is given a couldn’t be just an accident that this break tucked into one of those little special tax break, my guess is that provision was dropped out of the bill revenue bills, and the President does with 260 to 270 million people in this that we considered in the Government not have the authority to veto that country, it is going to affect more than ReForms Committee earlier this week. out, they are home free. And that is 100 people. The second document I have before what the majority is interested in. But the lesson we are learning here us is that wonderful booklet called the We have a beautiful discussion here Contract With America. I had to actu- today on balanced budget amendment. tonight and a lesson that I think ally go out and purchase it today be- But in the same week, what we are Americans should be aware of is that cause I didn’t have my own copy and doing in this House of Representatives when you have a contract and when you get it for $10 if you want to do it. is we are going to allow Members of the you have a contract with America and In here we talk about the line-item majority, who three times have pub- you try to slip out a little provision, a veto bill. This is the bold plan by Rep- licly stated that they want to control provision that most people do not fol- resentative NEWT GINGRICH, DICK targeted tax breaks, but now when the low, let us just slip it out, that tells ARMEY, and the House Republicans to rubber meets the road, when the you something. That tells you that change the Nation. amendment is presented in committee when you get an opportunity to slip And in here it states the Fiscal Re- earlier this week, it is defeated. something, you are going to slip some- sponsibility Act gives the President Now, what I found out was interest- thing in. And that is the very thing the permanent legislative line-item ing when we defeated it in committee that the Americans do not want to veto. Under this procedure the Presi- this week was Mr. CLINGER spoke have happen. The Americans do not dent could strike any appropriation or against this amendment. And he said it want special tax provisions slipped into targeted tax provision. Parentheti- was too broad. I said how can it be too tax revenue bills. They do not want to cally, it states a provision that pro- broad? This is something that I took or have special provisions slipped into any vides special treatment to a particular was taken from Mr. Michel. This is type of bill. H 798 CONGRESSIONAL RECORD — HOUSE January 26, 1995 And I think that we should give the national security, would compromise sen- Objections and Ruling.—Any objection President the true line item veto, and sitive law enforcement information, or raised by a witness or counsel shall be ruled we can do that next week, if the people would tend to defame, degrade or incrimi- upon by the chairman or other presiding nate any person, or otherwise would violate member, and such ruling shall be the ruling who signed this Contract with America any law or rule of the House. think for themselves, if they think of the committee unless a majority of the Except for purposes of taking testimony or committee present overrules the ruling of about what they signed back over the receiving evidence, for which purposes a the chair. summer, if the Members who voted for quorum shall consist of two committee Transcripts.—A transcript shall be made of the Michel amendment think about members, a quorum for the transaction of the testimony of each witness appearing be- what they voted for last session. any other committee business shall consist fore the committee or any subcommittee My fear is that is not what is going of nine committee members. Decisions of the during a committee or subcommittee hear- to happen. My fear is that the Members committee shall be by majority vote of the ing. members present and voting. Inspection and Correction.—All witnesses of the majority party are going to Whenever the committee by rollcall vote testifying before the committee or any sub- march lock step and they are going to reports any measure or matter, the report of committee shall be given a reasonable oppor- march lock step behind their leader- the committee upon such measure or matter ship who wants to have these special shall include a tabulation of the votes cast tunity to inspect the transcript of their testimony to determine whether such testi- tax breaks tucked into revenue bills. in favor of and the votes cast in opposition to such measure or matter. mony was correctly transcribed. The witness That is not what the American peo- may be accompanied by counsel. Any correc- 4. PROCEDURES RELATED TO THE TAKING OF ple want and that is not what I want. tions the witness desires to make in the TESTIMONY f transcript shall be submitted in writing to Notice.—Reasonable notice shall be given the committee within 5 days from the date RULES OF PROCEDURE FOR THE to all witnesses appearing before the com- when the transcript was made available to mittee. PERMANENT SELECT COMMIT- the witness. Corrections shall be limited to Oath or Affirmation.—Testimony of wit- TEE ON INTELLIGENCE FOR THE grammar and minor editing, and may not be nesses shall be given under oath or affirma- made to change the substance of the testi- 104TH CONGRESS tion which may be administered by any mony. Any questions arising with respect to Mr. COMBEST. Mr. Speaker, pursuant to member of the committee, except that the chairman of the committee or of any sub- such corrections shall be decided by the clause 2(a) of House Rule XI, I submit here- chairman. Upon request, those parts of testi- with a copy of the Rules of Procedure adopted committee shall not require an oath or affirmation where the chairman determines that mony given by a witness in executive session on January 10, 1995, by the Permanent Select it would not be appropriate under the cir- which are subsequently quoted or made part Committee on Intelligence for the 104th Con- cumstances. of a public record shall be made available to gress. Interrogation.—Committee or subcommit- that witness at the witness’ expense. RULES OF PROCEDURE FOR THE HOUSE PERMA- tee interrogation shall be conducted by Requests to Testify.—The committee or any NENT SELECT COMMITTEE ON INTELLIGENCE members of the committee and such commit- subcommittee will consider requests to testify on any matter or measure pending be- 1. CONVENING OF MEETINGS tee staff as are authorized by the chairman or the presiding member. fore the committee or subcommittee. A per- The regular meeting day of the Permanent Counsel for the Witness.—(A) Any witness son who believes that testimony or other Select Committee on Intelligence for the may be accompanied by counsel. A witness evidence presented at a public hearing, or transaction of committee business shall be who is unable to obtain counsel may inform any comment made by a committee member on the first Wednesday of each month, unless the committee of such fact. If the witness in- or a member of the committee staff may otherwise directed by the chairman. forms the committee of this fact at least 24 tend to affect adversely that person’s reputa- In the case of any meeting of the commit- hours prior to the witness’ appearance before tion, may request to appear personally be- tee, other than a regularly scheduled meet- the committee, the committee shall then en- fore the committee to testify on his or her ing, the clerk of the committee shall notify deavor to obtain voluntary counsel for the own behalf, or may file a sworn statement of every member of the committee of the time witness. Failure to obtain such counsel will facts relevant to the testimony, evidence, or and place of the meeting and shall give rea- not excuse the witness from appearing and comment, or may submit to the chairman sonable notice which, except in extraor- testifying. proposed questions in writing for the cross- dinary circumstances, shall be at least 24 (B) Counsel shall conduct themselves in an examination of other witnesses. The com- hours in advance of any meeting held in ethical and professional manner. Failure to mittee shall take such actions as it deems Washington, D.C., and at least 48 hours in do so shall, upon a finding to that effect by appropriate. the case of any meeting held outside Wash- a majority of the members of the committee, ington, D.C. Contempt Procedures.—No recommendation a majority being present, subject such coun- that a person be cited for contempt of Con- 2. PREPARATIONS FOR COMMITTEE MEETINGS sel to disciplinary action which may include gress shall be forwarded to the House unless Under direction of the chairman, des- censure, removal, or a recommendation of and until the committee has, upon notice to ignated committee staff members shall brief contempt proceedings, except that the chair- all its members, met and considered the al- members of the committee at a time suffi- man of the committee or of a subcommittee leged contempt, afforded the person an op- may temporarily remove counsel during pro- ciently prior to any committee or sub- portunity to state in writing or in person ceedings before the committee or subcommittee meeting to assist the committee why he or she should not be held in con- committee unless a majority of the members members in preparation for such meeting tempt, and agreed, by majority vote of the of the committee or subcommittee, a major- and to determine any matter which the com- committee to forward such recommendation ity being present, vote to reverse the ruling mittee members might wish considered dur- to the House. ing the meeting. Such briefing shall, at the of the chair. (C) There shall be no direct or cross-exam- Release of Name of Witness.—At the request request of a member, include a list of all per- of any witness, the name of that witness tinent papers and other materials that have ination by counsel. However, counsel may submit in writing any question counsel wish- scheduled to be heard by the committee shall been obtained by the committee that bear on not be released prior to, or after, the wit- matters to be considered at the meeting. es propounded to a client or to any other witness and may, at the conclusion of such ness’ appearance before the committee, un- The staff director shall recommend to the less otherwise authorized by the chairman. chairman the testimony, papers, and other testimony, suggest the presentation of other evidence or the calling of other witnesses. Closing hearings.—A vote to close a com- materials to be presented to the committee mittee or subcommittee hearing may not be or subcommittee at any meeting. The deter- The committee or subcommittee may use such questions and dispose of such sugges- taken by less than a majority of the commit- mination whether such testimony, papers, tee or the subcommittee pursuant to clause and other materials shall be presented in tions as it deems appropriate. Statements by Witnesses.—A witness may 4 of House Rule XLVIII unless at least one open or executive session shall be made pur- make a statement, which shall be brief and member of the minority is present to vote suant to the Rules of the House and these relevant, at the beginning and conclusion of upon a motion to close the hearing. rules. the witness’ testimony. Such statements 3. MEETING PROCEDURES shall not exceed a reasonable period of time 5. SUBCOMMITTEES Meetings of the committee and its sub- as determined by the chairman, or other pre- Creation of subcommittees shall be by ma- committees shall be open to the public ex- siding member. Any witness desiring to jority vote of the committee. Subcommit- cept that a portion or portions of any such make a prepared or written statement for tees shall deal with such legislation and meeting may be closed to the public if the the record of the proceedings shall file a oversight of programs and policies as the committee or subcommittee, as the case copy with the clerk of the committee, and committee may direct. The subcommittees may be, determines by record vote in open insofar as practicable and consistent with shall be governed by the rules of the commit- session and with a majority present that the the notice given, shall do so at least 72 hours tee. matters to be discussed or the testimony to in advance of the witness’ appearance before Except for purposes of taking testimony or be taken on such matters would endanger the committee. receiving evidence, for which purposes a January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 799 quorum shall consist of two subcommittee committee business and in the preparation fore entering the office all persons shall members, a quorum for the transaction of and filing of additional, separate and minor- identify themselves. any other subcommittee business shall con- ity views, to the end that all points of view Sensitive or classified documents and ma- sist of a majority of the subcommittee. may be fully considered by the committee terial shall be segregated in a security stor- There are hereby established the following and the House. age area. They may be examined only at se- subcommittees: The members of the committee staff shall cure reading facilities. Copying, duplicating, (1) Human Intelligence, Analysis and Coun- not discuss either the classified substance or or removal from the committee offices of terintelligence. procedure of the work of the committee with such documents and other materials are pro- (2) Technical and Tactical Intelligence. any person not a member of the committee hibited except as is necessary for use in, or The chairman and ranking minority mem- or the committee staff for any purpose or in preparation for, interviews or committee ber of the full committee are authorized to connection with any proceeding, judicial or meetings, including the taking of testimony sit as ex officio members of each subcommit- otherwise, either during that person’s tenure in conformity with these rules. tee and to participate in the work of the sub- as a member of the committee staff or at any Each member of the committee shall at all committee, except, when sitting as ex officio time thereafter except as directed by the times have access to all papers and other members, they shall not have a vote in the committee in accordance with clause 7 of material received from any source. The staff subcommittee [nor be counted for purposes House Rule XLVIII and the provisions of director shall be responsible for the mainte- of determining a quorum]. these rules, or, in the event of the termi- nance, under appropriate security proce- 6. INVESTIGATIONS nation of the committee, in such a manner dures, of a registry which will number and No investigation shall be conducted by the as may be determined by the House. identify all classified papers and other clas- committee unless approved by the full com- No member of the committee staff shall be sified materials in the possession of the committee, a majority being present; provided, employed by the committee unless and until mittee and such registry shall be available however, that an investigation may be initi- such a member of the committee staff agrees to any member of the committee. ated— in writing, as a condition of employment, (b) Pursuant to clause (7)(c)(2) of House (1) at the direction of the chairman of the not to divulge any classified information Rule XLVIII and to clause (2)(e)(2) and clause full committee, with notice to the ranking which comes into such person’s possession 2(g)(2) of House Rule XI, members who are minority member of the full committee; or while a member of the committee staff or not members of the committee shall be (2) at the written request to the chairman any classified information which comes into granted access to such transcripts, records, of the full committee of at least five mem- such person’s possession by virtue of his or data, charts and files of the committee and bers of the committee, except that any inher position as a member of the committee be admitted on a nonparticipatory basis to vestigation initiated under (1) or (2) must be staff to any person not a member of the com- hearings or briefings of the committee which brought to the attention of the full commit- mittee or the committee staff, either while a involve classified material, on the basis of tee for approval at the next regular meeting member of the committee staff or at any the following provisions: of the full committee following initiation of time thereafter except as directed by the (1) Members who desire to examine mate- the investigation. Authorized investigations committee in accordance with clause 7 of rials in the possession of the committee or to may be conducted by members of the com- House Rule XLVIII and the provisions of attend committee hearings or briefings on a mittee and/or by designated committee staff these rules, or in the event of the termi- nonparticipatory basis should notify the members. nation of the committee, in such manner as clerk of the committee in writing. may be determined by the House. 7. SUBPOENAS (2) Each such request by a member must be No member of the committee staff shall be considered by the committee, a quorum Unless otherwise determined by the com- employed by the committee unless and until being present, at the earliest practicable op- mittee, the chairman, upon consultation such a member of the committee staff agrees portunity. The committee must determine with the ranking minority member, or the in writing, as a condition of employment, to by record vote whatever action is deems nec- committee shall authorize and issue subpoe- notify the committee, or, in the event of the essary in light of all the circumstances of nas. Subpoenas for the attendance of wit- committee’s termination, the House, of any each individual request. The committee shall nesses or the production of memoranda, doc- request for testimony, either while a mem- take into account, in its deliberations, such uments, records or any other material may ber of the committee staff or at any time considerations as the sensitivity of the infor- be issued by the chairman, or any member of thereafter with respect to classified informa- mation sought to the national defense or the the committee designated by the chairman, tion which came into the staff member’s pos- confidential conduct of the foreign relations and may be served by any person designated session by virtue of his or her position as a of the United States, the likelihood of its by the chairman or member issuing the sub- member of the committee staff. Such classi- being directly or indirectly disclosed, the ju- poenas. Each subpoena shall have attached fied information shall not be disclosed in re- risdictional interest of the member making thereto a copy of these rules. sponse to such requests except as directed by the request and such other concerns—con- 8. STAFF the committee in accordance with clause 7 of stitutional or otherwise—as affect the public For the purpose of these rules, committee House Rule XLVIII and the provisions of interest of the United States. Such actions staff means employees of the committee, these rules, or in the event of the termi- as the committee may take include, but are consultants to the committee, employees of nation of the committee, in such manner as not limited to: (i) approving the request, in other Government agencies detailed to the may be determined by the House. whole or part; (ii) denying the request; (iii) committee, or any other person engaged by The committee shall immediately consider providing in different form than requested contract or otherwise to perform services for disciplinary action to be taken in case any information or material which is the subject or at the request of the committee. In addi- member of the committee staff fails to con- of the request. tion, the Speaker and minority leader each form to any of these rules. Such disciplinary (3) In matters touching on such requests, may designate a member of their leadership action may include, but shall not be limited the committee may, in its discretion, con- staff to assist them in their capacity as ex to, immediate dismissal from the committee sult the Director of Central Intelligence and officio members, with the same access to staff. such other officials as it may deem nec- committee meetings, hearings, briefings, and 9. RECEIPT OF CLASSIFIED MATERIAL essary. materials as if employees of the select com- In the case of any information classified (4) In the event that the member making mittee, and subject to the same security under established security procedures and the request in question does no accede to the clearance and confidentiality requirements submitted to the committee by the executive determination or any part thereof of the as employees of the select committee under or legislative branch, the committee’s ac- committee as regards the request, that mem- this rule. ceptance of such information shall con- ber should notify the committee in writing The appointment of committee staff shall stitute a decision by the committee that it is of the grounds for such disagreement. The be by the chairman in consultation with the executive session material and shall not be committee shall subsequently consider the ranking minority member. After confirma- disclosed publicly or released unless the matter and decide, by record vote, what fur- tion, the chairman shall certify committee committee, by rollcall vote, determines, in a ther action or recommendation, if any, it staff appointments to the Clerk of the House manner consistent with clause 7 of House will take. in writing. Rule XLVIII, that it should be disclosed pub- (c) Pursuant to Section 501 of the National The committee staff works for the com- licly or otherwise released. For purposes of Security Act of 1947 (50 U.S.C. 413) and to mittee as a whole, under the supervision of receiving information from either the execu- clauses 3(a) and 7(c)(2) of House Rule XLVIII, the chairman of the committee. Except as tive or legislative branch, the committee the committee shall call to the attention of otherwise provided by the committee, the staff may accept information on behalf of the House or to any other appropriate com- duties of committee staff shall be performed the committee. mittee or committees of the House any mat- and committee staff personnel affairs and ter requiring the attention of the House or day-to-day operations. including security 10. PROCEDURES RELATED TO CLASSIFIED OR such other committee or committees of the and control of classified documents and ma- SENSITIVE MATERIAL House on the basis of the following provi- terial, shall be administered under the direct (a) Committee staff offices shall operate sions: supervision and control of the staff director. under strict security precautions. At least (1) At the request of any member of the The committee staff shall assist the minor- one security officer shall be on duty at all committee, the committee shall meet at the ity as fully as the majority in all matters of times by the entrance to control entry. Be- earliest practicable opportunity to consider H 800 CONGRESSIONAL RECORD — HOUSE January 26, 1995 a suggestion that the committee call to the (e) Access to classified information sup- committee or subcommittee, as the case attention of the House or any other commit- plied to the committee shall be limited to may be, may permit that hearing or meeting tee or committees of the House executive those committee staff members with appro- to be covered, in whole or in part, by tele- session material. priate security clearance and a need-to- vision broadcasts, radio broadcast, and still (2) In determining whether any matter re- know, as determined by the committee, and photography, or by any of such methods of quires the attention of the House or any under the committee’s direction, the staff di- coverage, subject to the provisions and in ac- other committee or committees of the rector. cordance with the spirit of the purposes enu- House, the committee shall consider, among No member of the committee or of the merated in clause 3 of Rule XI of the Rules such other matters it deems appropriate— committee staff shall disclose, in whole or in of the House. (A) the effect of the matter in question part or by way of summary, to any person 14. COMMITTEE RECORDS TRANSFERRED TO THE upon the national defense or the foreign rela- not a member of the committee or the com- tions of the United States; mittee staff for any purpose or in connection NATIONAL ARCHIVES (B) whether the matter in question in- with any proceeding, judicial or otherwise, The records of the committee at the Na- volves sensitive intelligence sources and any testimony given before the committee in tional Archives and Records Administration methods; executive session, or the contents of any shall be made available for public use in ac- (C) whether the matter in question other- classified papers or other classified materials cordance with rule XXXVI of the Rules of wise raises serious questions about the na- or other classified information received by the House of Representatives. The chairman tional interest; and the committee except as authorized by the shall notify the ranking minority member of (D) whether the matter in question affects committee in a manner consistent with any decision, pursuant to clause 3(b)(3) or matters within the jurisdiction of another clause 7 of House Rule XLVIII and the provi- clause 4(b) of the rule, to withhold a record committee or committees of the House. sions of these rules, or in the event of the otherwise available, and the matter shall be (3) In examining the considerations determination of the committee, in such a presented to the committee for a determina- scribed in paragraph (2), the committee may manner as may be determined by the House. tion on the written request of any member of seek the opinion of members of the commit- Before the committee makes any decision the committee. tee appointed from standing committees of regarding a request for access to any testi- 15. CHANGES IN RULES the House with jurisdiction over the matter mony, papers or other materials in its pos- in question or to submission from such other session or a proposal to bring any matter to These rules may be modified, amended, or committees. Further, the committee may the attention of the House or a committee or repealed by the committee, provided that a seek the advice in its deliberations of any committees of the House, committee mem- notice in writing of the proposed change has executive branch official. bers shall have a reasonable opportunity to been give to each member at least 48 hours (4) If the committee, with a quorum examine all pertinent testimony, papers, and prior to the meeting at which action thereon present, by record vote decides that a matter other materials that have been obtained by is to be taken. requires the attention of the House or a com- the committee. f mittee or committees of the House which the (f) Before any member of the committee or committee deems appropriate, it shall make the committee staff may have access to clas- LEAVE OF ABSENCE arrangements to notify the House or com- sified information the following oath shall mittee promptly. be executed: By unanimous consent, leave of ab- (5) In bringing a matter to the attention of ‘‘I do solemnly swear (or affirm) that I will sence was granted to: another committee or committees of the not disclose any classified information re- Mr. BISHOP (at the request of Mr. House, the committee, with due regard for ceived in the course of my service on the GEPHARDT) for today on account of per- the protection of intelligence sources and House Permanent Select Committee on In- sonal business. telligence, except when authorized to do so methods, shall take all necessary steps to Mr. RUSH (at the request of Mr. GEP- safeguard materials or information relating by the committee or the House of Represent- HARDT) for today on account of a per- to the matter in question. atives.’’ (6) The method of communicating matter Copies of the executed oath shall be re- sonal family emergency. to other committees of the House shall in- tained in the files of the committee. Mr. FIELDS of Louisiana (at the re- sure that information or material designated 11. LEGISLATIVE CALENDAR quest of Mr. GEPHARDT) on January 25 by the committee is promptly made avail- The clerk of the committee shall maintain and 26 on account of personal business. able to the chairman and ranking minority a printed calendar for the information of f member of such other committees. each committee member showing the meas- (7) The committee, may bring a matter to ures introduced and referred to the commit- SPECIAL ORDERS GRANTED the attention of the House when it considers tee and the status of such measures—and the matter in question so grave that it re- such other matters as the committee deter- By unanimous consent, permission to quires the attention of all members of the mines shall be included. The calendar shall address the House, following the legis- House, if time is of the essence, or for any be revised from time to time to show perti- lative program and any special orders other reason which the committee finds nent changes. A copy of each such revision heretofore entered, was granted to: compelling. In such case, the committee shall be furnished to each member of the (The following Members (at the re- shall consider whether to request an imme- committee. diate secret session of the House (with time Unless otherwise ordered, measures request of Mr. REED) to revise and extend equally divided between the majority and ferred to the committee shall be referred by their remarks and include extraneous the minority) or to publicly disclose the the clerk of the committee to the appro- material:) matter in question pursuant to clause 7 of priate department or agency of the Govern- Mr. OWENS, for 5 minutes today. House Rule XLVIII. ment for reports thereon. Mrs. LINCOLN, for 5 minutes today. (d) Whenever the select committee makes 12. COMMITTEE TRAVEL Ms. KAPTUR, for 5 minutes today. classified material available to any other Mrs. THURMAN, for 5 minutes today. committee of the House or to any member of No member of the committee or committee the House not a member of the committee, staff shall travel on committee business un- Mr. REED, for 5 minutes today. the clerk of the committee shall be notified. less specifically authorized by the chairman. Mr. BALDACCI, for 5 minutes today. The clerk shall at that time provide a copy Requests for authorization of such travel Miss COLLINS of Michigan, for 5 min- of the applicable portions of these rules and shall state the purpose and extent of the utes today. trip. A full report shall be filed with the of House Rule XLVIII and other pertinent Mr. TUCKER, for 5 minutes today. Rules of the House to such members or such committee when travel is completed. When the chairman approves the foreign Mr. GENE GREEN of Texas, for 5 min- committee and insure that the conditions utes today. contained therein under which the classified travel of a member of the committee staff Mr. BENTSEN, for 5 minutes today. materials provided are clearly presented to not accompanying a member of the commit- the recipient. The clerk of the committee tee, all members of the committee are to be Ms. JACKSON-LEE, for 5 minutes shall also maintain a written record identi- advised, prior to the commencement of such today. fying the particular information transmit- travel of its extent, nature and purpose. The (The following Members (at the re- ted, the reasons agreed upon by the commit- report referred to in the previous paragraph quest of Mr. SENSENBRENNER) to revise tee for approving such transmission and the shall be furnished to all members of the com- and extend their remarks and include mittee and shall not be otherwise dissemi- committee or members of the House receiv- extraneous material:) ing such information. The staff director of nated without the express authorization of the committee pursuant to the rules of the Mr. KNOLLENBERG, for 5 minutes on the committee is further empowered to pro- January 31. vide for such additional measures as he or committee. she deems necessary in providing material 13. BROADCASTING COMMITTEE MEETINGS Mr. FOX of Pennsylvania, for 5 min- which the committee has determined to Whenever any hearing or meeting con- utes on January 31. make available to a member of the House or ducted by the committee or any subcommit- Mr. EHLERS, for 5 minutes each day a committee of the House. tee is open to the public, a majority of the on January 30 and 31. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 801

EXTENSION OF REMARKS (The following Members (at the re- Mr. CHAPMAN. By unanimous consent permission to quest of Mr. SENSENBRENNER) and to in- Mr. HALL of Texas in three instances. revise and extend remarks was granted clude extraneous matter:) Mr. ENGEL. Mr. DICKEY. to: Mr. KILDEE. Mr. FIELDS of Texas. Mr. FRELINGHUYSEN. (The following Members (at the re- Mr. GUNDERSON. Mr. PAYNE of New Jersey. quest of Mr. REED) and to include ex- Mr. PACKARD. Ms. FURSE. traneous matter:) Mr. DAVIS. Mr. PALLONE. Mr. SANDERS. Mr. GILMAN. Mr. GILLMOR. Mr. BONIOR. Mr. EMERSON. Mr. TEJEDA. Ms. JACKSON-LEE. Mr. RAMSTAD. f Mr. MENENDEZ in two instances. Mrs. JOHNSON of Connecticut. Mr. SCHUMER. Mr. KING. ADJOURNMENT Mr. MARKEY. Mr. GOODLATTE. Ms. RIVERS. Mr. KIM. Mr. BARRETT of Wisconsin. Mr. Mr. JACOBS. Mr. THOMAS. Speaker, I move that the House do now Mr. OBERSTAR in three instances. Mr. LATOURETTE. adjourn. Ms. HARMAN. (The following Members (at the re- The motion was agreed to; accord- Mr. DEFAZIO. quest of Mr. BARRETT of Wisconsin) and ingly (at 10 o’clock and 44 minutes Mr. MANTON. to include extraneous matter:) p.m.) the House adjourned until tomor- Mr. UNDERWOOD. Mr. CARDIN. row, Friday, January 27, 1995, at 10 a.m.

h EXPENDITURE REPORT CONCERNING OFFICIAL FOREIGN TRAVEL Report of a House committee concerning the foreign currencies and U.S. dollars utilized by them during the fourth quarter of 1994 in connection with official foreign travel, pursuant to Public Law 95–384, is as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Anita Brown ...... 10/25 10/29 Poland ...... 940.00 ...... 940.00 10/29 11/1 England ...... 499.00 ...... 499.00 Commercial airfare ...... 1,469.00 ...... 1,469.00 Lynn Gallagher ...... 10/25 10/29 Poland ...... 940.00 ...... 940.00 10/29 11/1 England ...... 499.00 ...... 499.00 Commercial airfare ...... 1,469.00 ...... 1,469.00 Hon. E de la Garza ...... 11/30 12/2 Mexico ...... 479.00 ...... 479.00 Commercial airfare ...... 1,023.00 ...... 1,023.00 Committee total ...... 3,357.00 ...... 3,961.00 ...... 7,318.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. E de la GARZA, Chairman, Jan. 5, 1995. h

EXECUTIVE COMMUNICATIONS, By Mr. CHAPMAN (for himself, Mrs. BURTON of Indiana, Mr. EWING, Mr. ETC. LINCOLN, Mr. MANTON, Mr. FAZIO of HANCOCK, Mr. HOKE, Mr. GILCHREST, California, Mr. FROST, Mr. CLYBURN, and Mr. UPTON): Under clause 2 of rule XXIV, execu- Mr. WILSON, Mr. SKEEN, Mr. ROGERS, H.R. 696. A bill to amend the Internal Rev- tive communications were taken from Mr. EVANS, and Mr. HEFNER): enue Code of 1986 to restore the deduction for the Speaker’s table and referred as fol- H.R. 692. A bill to amend the Federal Water the health insurance costs of self-employed lows: Pollution Control Act to provide additional individuals for taxable years beginning in assistance to rural and disadvantaged com- 1994; to the Committee on Ways and Means. 220. A letter from the Acting Director, De- munities under the State Water Pollution By Mr. THOMAS (for himself, Mr. AR- fense Security Assistance Agency, transmit- Control Revolving Loan Fund Program, and CHER, Mr. CRANE, Mr. SHAW, Mrs. ting the Department of the Army’s proposed for other purposes; to the Committee on JOHNSON of Connecticut, Mr. BUNNING lease of defense articles to Jordan (Trans- Transportation and Infrastructure. of Kentucky, Mr. HOUGHTON, Mr. mittal No. 9–95), pursuant to 22 U.S.C. By Mr. HALL of Texas: HERGER, Mr. MCCRERY, Mr. HANCOCK, 2796a(a); to the Committee on International H.R. 693. A bill relating to the valuation of Mr. CAMP, Mr. RAMSTAD, Mr. ZIMMER, Relations. stock received by certain employees in con- Mr. NUSSLE, Mr. SAM JOHNSON, Ms. f nection with the performance of services as DUNN of Washington, Mr. COLLINS of employees; to the Committee on Ways and Georgia, Mr. PORTMAN, Mr. ENGLISH Means. of Pennsylvania, Mr. ENSIGN, and Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. HANSEN: CHRISTENSEN): Under clause 5 of rule X and clause 4 H.R. 694. A bill entitled the ‘‘Minor Bound- H.R. 697. A bill to amend the Internal Rev- of rule XXII, public bills and resolu- ary Adjustments and Miscellaneous Park enue Code of 1986 to restore, for taxable tions were introduced and severally re- Amendments Act of 1995’’; to the Committee years beginning in 1994, the deduction for the on Resources. health insurance costs of self-employed indi- ferred as follows: By Mr. ARCHER (for himself and Mr. viduals; to the Committee on Ways and By Mr. CARDIN: SAM JOHNSON of Texas): Means. H.R. 691. A bill to amend the Internal Rev- H.R. 695. A bill to amend section 3626 of By Mr. BARTLETT of Maryland (for enue Code of 1986 to restore the 25 percent title 18, United States Code, to provide cer- himself, Mr. CHAPMAN, and Mr. deduction for the health insurance costs of tain additional rules with respect to litiga- STOCKMAN): self-employed individuals for 1994 and to pro- tion regarding prison conditions; to the Com- H.R. 698. A bill to repeal the prohibitions vide an 80 percent deduction for such costs mittee on the Judiciary. relating to semiautomatic assault weapons beginning in 1995; to the Committee on Ways By Mr. BARTLETT of Maryland (for and large capacity ammunition feeding de- and Means. himself, Mr. CRANE, Mr. STUMP, Mr. vices; to the Committee on the Judiciary. H 802 CONGRESSIONAL RECORD — HOUSE January 26, 1995

By Mr. DOOLEY: Mr. PACKARD, Mr. HUTCHINSON, and H.R. 716. A bill to amend the Fishermen’s H.R. 699. A bill to amend the Mineral Leas- Mr. CHRISTENSEN): Protective Act; to the Committee on Re- ing Act to provide for a royalty payment for H.R. 707. A bill to amend the Occupational sources. heavy crude oil produced from the public Safety and Health Act of 1970; to the Com- By Mr. GALLEGLY: lands which is based on the degree of API mittee on Economic and Educational Oppor- H.J. Res. 64. Joint resolution proposing an gravity, and for other purposes; to the Com- tunities. amendment to the Constitution of the Unit- mittee on Resources. By Mrs. JOHNSON of Connecticut (for ed States to restrict the requirement of citi- By Mr. ZELIFF (for himself and Mr. herself, Mrs. KENNELLY, Ms. DUNN of zenship at birth by virtue of birth in the ANDREWS): Washington, Mrs. MEYERS of Kansas, United States to persons with citizen or H.R. 700. A bill to provide for the auto- Mr. MCCRERY, Mrs. CLAYTON, Mr. legal resident mothers; to the Committee on matic downward adjustment in the discre- BARTLETT of Maryland, Ms. MOL- the Judiciary. tionary spending limits for fiscal year 1995 INARI, and Mr. GIBBONS): By Mr. THORNTON: set forth in the Congressional Budget Act of H.R. 708. A bill to amend the Internal Rev- H.J. Res. 65. Joint resolution proposing an 1974, and to reduce obligation limits equal to enue Code of 1986 to allow homemakers to amendment to the Constitution of the Unit- the amount of rescissions and changes con- get a full IRA deduction; to the Committee ed States to limit the terms of Representa- tained in this act; to the Committee on the on Ways and Means. tives and Senators, to provide for a 4-year Budget, and in addition to the Committee on By Mrs. MALONEY (for herself, Mr. term for Representatives, and to provide for Appropriations, for a period to be subse- MCDERMOTT, Mr. STUDDS, Mr. SCHU- campaign contribution limitations with re- quently determined by the Speaker, in each MER, Mr. EVANS, Mr. MILLER of Cali- spect to elections for Federal office; to the case for consideration of such provisions as fornia, and Mr. DEUTSCH): Committee on the Judiciary. fall within the jurisdiction of the committee H.R. 709. A bill to amend part E of title IV By Mr. BROWN of Ohio (for himself, concerned. of the Social Security Act to require States Mr. BORSKI, Mr. DOYLE, Mr. MCHALE, By Mr. EMERSON: to have laws that would permit a parent who Mr. ENGEL, Ms. DELAURO, Mr. H.R. 701. A bill to authorize the Secretary is chronically ill or near death to name a of Agriculture to convey lands to the city of standby guardian for a minor child without HINCHEY, Mr. BECERRA, Mr. Rolla, MO; to the Committee on Agriculture. surrendering parental rights; to the Commit- MCDERMOTT, and Mrs. LOWEY): By Mr. FILNER: tee on Ways and Means. H. Res. 45. Resolution to express the sense H.R. 702. A bill to require that any amount By Mr. MENENDEZ (for himself, Mrs. of the House regarding calculation of the of cost savings under a defense contract real- MEEK of Florida, Mr. HILLIARD, Mr. Consumer Price Index; to the Committee on ized by the Federal Government as a result FROST, Ms. WOOLSEY, Mr. SERRANO, Economic and Educational Opportunities. of the consolidation of contractors that Mr. DELLUMS, and Mr. HASTINGS of The bill numbers H.R. 683 through 689, ap- causes the elimination of jobs in a commu- Florida): pearing on page H692 of the RECORD of Janu- nity be used for job retraining and job cre- H.R. 710. A bill to provide grants for dem- ary 25, 1995, should have reflected the follow- ation activities in the community; to the onstration projects to coordinate the admin- ing bill titles, which correspond to the bills Committee on National Security, and in ad- istration of services to needy families with as printed: dition to the Committee on Economic and children; to the Committee on Economic and By Mr. WILSON: Educational Opportunities, for a period to be Educational Opportunities. H.R. 683. A bill to provide a minimum for subsequently determined by the Speaker, in By Mr. OXLEY (for himself, Ms. PRYCE, payments with respect to counties in the each case for consideration of such provi- Mr. KING, Mr. HANCOCK, Mr. WALSH, State of Texas from receipts from national sions as fall within the jurisdiction of the Mr. CANADY, Mr. SMITH of Texas, Mr. forests; to the Committee on Agriculture. committee concerned. FORBES, Mr. ZIMMER, Mr. FOX, Mr. H.R. 684. A bill to prohibit exports of un- By Ms. FURSE (for herself, Mr. KLUG, FRANK of Massachusetts, Mr. MOOR- processed timber and wood chips to any Mr. FRANK of Massachusetts, Mr. HEAD, Mrs. MEYERS of Kansas, Mr. country that does not provide reciprocal ac- BARRETT of Wisconsin, Mr. MINGE, STUMP, Mr. GEKAS, Mr. DORNAN, Mr. cess to its markets for finished wood prod- Ms. PELOSI, Mr. OWENS, Ms. LATHAM, Mr. MCDADE, Mr. PETERSON ucts and paper produced in the United VELA´ ZQUEZ, Mr. DEFAZIO, Ms. WOOL- of Minnesota, Mr. SHAW, Mr. SHAYS, States; to the Committee on International SEY, Mr. MEEHAN, Mr. PALLONE, and Mr. FIELDS of Texas, Mr. BARTON of Relations. Mrs. SCHROEDER): Texas, Mr. BREWSTER, Mr. ISTOOK, H.R. 685. A bill to amend title 28, United H.R. 703. A bill to terminate the C–17 air- Mr. BLUTE, Mr. SHUSTER, Mr. LIGHT- States Code, to provide for the use of volun- craft program after fiscal year 1995 and pro- FOOT, Mr. KNOLLENBERG, Mr. teers for Federal Bureau of Investigation vide for a program to meet the remaining SERRANO, Mr. CUNNINGHAM, Mr. tours and at the Bureau’s training facilities, strategic airlift requirements of the Depart- CHRISTENSEN, Mr. GORDON, Mr. LIV- and for other purposes; to the Committee on ment of Defense with nondevelopmental air- INGSTON, and Mr. BACHUS): craft; to the Committee on National Secu- H.R. 711. A bill to provide for restitution of the Judiciary. rity. victims of crimes, and for other purposes; to H.R. 686. A bill to designate the mainte- By Mr. GALLEGLY: the Committee on the Judiciary. nance facility and future visitor center at H.R. 704. A bill to amend the Federal Prop- By Ms. ROS-LEHTINEN (for herself, the Big Thicket National Preserve as the erty and Administrative Services Act of 1949 Mr. RICHARDSON, and Mr. DIAZ- ‘‘Ralph W. Yarborough Center’’; to the Com- to authorize donation of surplus Federal law BALART): mittee on Resources. enforcement canines to their handlers; to the H.R. 712. A bill to provide for adjustment H.R. 687. A bill to authorize the Secretary Committee on Government Reform and of status of certain Nicaraguans; to the Com- of Agriculture to convey certain lands in the Oversight. mittee on the Judiciary. Sam Houston National Forest in the State of H.R. 705. A bill to amend the Immigration By Ms. SLAUGHTER: Texas to the current occupant of the lands, and Nationality Act to limit citizenship at H.R. 713. A bill to provide protection from the Gulf Coast Trades Center; to the Com- birth, merely by virtue of birth in the United sexual predators; to the Committee on the mittee on Resources. States, to persons with citizen or legal resi- Judiciary. H.R. 688. A bill to extend Federal restric- dent mothers; to the Committee on the Judi- By Mr. WELLER: tions on the export of unprocessed timber to ciary. H.R. 714. A bill to establish the Midewin timber harvested in the State of Texas; to By Mr. GUTIERREZ: National Tallgrass Prairie in the State of Il- the Committee on Agriculture, and in addi- H.R. 706. A bill to amend the Metropolitan linois, and for other purposes; to the Com- tion to the Committee on International Re- Washington Airports Act of 1986 authorizing mittee on Agriculture, and in addition, to lations, for a period to be subsequently de- the Secretary of Transportation to ensure the Committees on National Security, Com- termined by the Speaker, in each case for that the American public is fully and prop- merce, and Transportation and Infrastruc- consideration of such provisions as fall with- erly informed about the perquisites and ture, for a period to be subsequently deter- in the jurisdiction of the committee con- privileges afforded to Members of Congress mined by the Speaker, in each case for concerned. who use parking facilities through the Met- sideration of such provisions as fall within H.R. 689. A bill to require the Secretary of ropolitan Airports Authority; to the Com- the jurisdiction of the committee concerned. Agriculture to take action to control the in- mittee on Transportation and Infrastruc- By Mr. YOUNG of Alaska (for himself, festation of southern pine beetles currently ture. Mr. SAXTON, and Mr. STUDDS): ravaging wilderness areas in the State of By Mr. HEFLEY (for himself, Mr. H.R. 715. A bill to amend the Central Ber- Texas; to the Committee on Resources, and SCHAEFER, Mr. HUNTER, Mr. HANCOCK, ing Sea Fisheries Enforcement Act of 1992 to in addition to the Committee on Agriculture, Mr. EMERSON, Mr. NEUMANN, Mr. prohibit fishing in the Central Sea of for a period to be subsequently determined TAYLOR of North Carolina, Mr. Okhotsk by vessels and nationals of the by the Speaker, in each case for consider- SKEEN, Mr. WICKER, Mr. SAXTON, Mr. United States; to the Committee on Re- ation of such provisions as fall within the ju- METCALF, Mr. ROBERTS, Mr. BURR, sources. risdiction of the committee concerned. January 26, 1995 CONGRESSIONAL RECORD — HOUSE H 803 PRIVATE BILLS AND H.R. 259: Mr. CHRISTENSEN. H.R. 490: Mr. COOLEY, Mr. HUNTER, and Mr. RESOLUTIONS H.R. 263: Mr. SHAYS. SOLOMON. H.R. 264: Mr. SHAYS. H.R. 493: Mr. GENE GREEN of Texas and Mr. Under clause 1 of rule XXII, private H.R. 303: Mr. EVANS and Mr. GENE GREEN of RANGEL. bills and resolutions were introduced Texas. H.R. 495: Mr. CASTLE. and severally referred as follows: H.R. 305: Mr. GENE GREEN of Texas, Mrs. H.R. 555: Mr. MARTINEZ. By Mr. KENNEDY of Rhode Island: THURMAN, Ms. WOOLSEY, Mr. YATES, Mr. H.R. 579: Mr. CHRYSLER and Mr. CHABOT. H.R. 717. A bill to authorize the Secretary DEUTSCH, Mr. STARK, Mr. HINCHEY, Mr. HORN, H.R. 582: Mr. ROHRABACHER. of Transportation to issue a certificate of Mr. SOLOMON, and Mr. SCHIFF. H.R. 588: Mr. ACKERMAN and Mr. HINCHEY. documentation with appropriate endorse- H.R. 310: Mr. SCHIFF and Mr. LIVINGSTON. H.R. 599: Mr. HASTINGS of Washington and ment for employment in the coastwise trade H.R. 313: Mr. SCHIFF and Mr. LIVINGSTON. Ms. DUNN of Washington. for each of the vessels Shamrock V and H.R. 326: Mr. ARMEY. H.R. 663: Mr. MCKEON, Mr. MCHALE, Mr. Endeavour; to the Committee on Transpor- H.R. 328: Mr. BAKER of Louisiana, Mr. HANCOCK, and Mr. GALLEGLY. tation and Infrastructure. ARMEY, and Mr. HERGER. H.J. Res. 32: Mr. BURTON of Indiana. H.R. 353: Mr. JACOBS. H.J. Res. 49: Mr. BORSKI, Mr. SCHUMER, and f H.R. 354: Mr. SMITH of New Jersey and Mrs. Mr. CLYBURN. JOHNSON of Connecticut. ADDITIONAL SPONSORS H. Con. Res. 7: Mr. SHAYS. H.R. 359: Mr. SKEEN, Mr. KANJORSKI, Mr. H. Con. Res. 12: Mr. GUNDERSON and Mr. Under clause 4 of rule XXII, sponsors EVANS, Mr. HINCHEY, and Mr. FLANAGAN. MANTON. were added to public bills and resolu- H.R. 370: Mr. PICKETT, Mr. BAKER of Louisi- H. Res. 15: Mr. SANFORD, Mr. TAYLOR of tions as follows: ana, Mr. EWING, Mr. ARCHER, Mr. KASICH, Mr. Mississippi, and Mr. JACOBS. KNOLLENBERG, Mrs. SMITH of Washington, H.R. 8: Mr. SALMON. H. Res. 24: Mr. TAYLOR of North Carolina Mr. MCCOLLUM, Mr. GEKAS, Mr. STENHOLM, and Mr. MILLER of Florida. H.R. 24: Mr. HOLDEN. Mr. EHLERS, Mr. FAWELL, and Mrs. H.R. 26: Mr. HINCHEY and Mr. BACHUS. H. Res. 25: Mr. RADANOVICH, Mr. CALVERT, SEASTRAND. Mr. ROHRABACHER, Mr. LEWIS of California, H.R. 70: Mr. POMBO. H.R. 372: Mr. SENSENBRENNER and Mr. H.R. 76: Mr. SOLOMON, Mr. CARDIN, and Mr. Mr. HUNTER, Ms. DANNER, Mr. CUNNINGHAM, COBLE. Mr. DORNAN, Mr. HERGER, Mr. POMBO, Mr. BRYANT of Tennessee. ELIFF ENSENBRENNER H.R. 373: Mr. Z , Mr. S , STUMP, and Mr. COOLEY. H.R. 77: Mr. GENE GREEN of Texas. Mr. COBLE, and Mr. SOLOMON. H.R. 94: Mr. SOLOMON, Mr. LIVINGSTON, and H.R. 375: Mr. SENSENBRENNER and Mr. f Mr. PAXON. COBLE. H.R. 95: Mr. HASTINGS of Florida, Mr. GENE H.R. 450: Mr. MCKEON, Mr. KINGSTON, Mr. AMENDMENTS GREEN of Texas, Mrs. LOWEY, Mr. HEFLEY, LAUGHLIN, Mr. BURR, Mr. SALMON, Mr. Mr. DOYLE, Mr. HINCHEY, and Mr. MENENDEZ. CONDIT, Mrs. CHENOWETH, Mr. BASS, and Mr. Under clause 6 of rule XXIII, pro- H.R. 103: Mr. TAYLOR of Mississippi and Mr. CREMEANS. posed amendments were submitted as GENE GREEN of Texas. H.R. 463: Mr. EVANS and Mr. VENTO. follows: H.R. 104: Mr. DAVIS. H.R. 468: Mr. FOX. H.R. 106: Mr. JOHNSTON of Florida. H.R. 469: Mr. STEARNS and Mr. LIVINGSTON. H.R. 5 H.R. 109: Mr. BONO, Mr. DEFAZIO, Mr. H.R. 473: Mr. STOCKMAN. OFFERED BY: MR. RIGGS HAYES, Ms. LOFGREN, Mr. KINGSTON, and Mr. H.R. 474: Mr. STOCKMAN. GENE GREEN of Texas. H.R. 475: Mr. STOCKMAN. AMENDMENT NO. 169: At the end of section H.R. 110: Mr. SAXTON and Mr. MCHALE. H.R. 476: Mr. STOCKMAN. 101 (Page 5, after line 14), add the following: H.R. 122: Mr. BONO, Mr. PETE GEREN of H.R. 477: Mr. STOCKMAN. (e) PRIORITY TO MANDATES THAT ARE SUB- Texas, Mr. FOX, Mr. FROST, and Mr. GENE H.R. 478: Mr. STOCKMAN. JECT OF JUDICIAL PROCEEDINGS.—In carrying GREEN of Texas. H.R. 479: Mr. STOCKMAN. out this section, the Advisory Commission H.R. 216: Mrs. SEASTRAND. H.R. 480: Mr. STOCKMAN and Mr. SAM JOHN- shall give the highest priority to imme- H.R. 218: Mr. SHUSTER, Mr. YOUNG of Alas- SON of Texas. diately investigating, reviewing, and making ka, and Mrs. SEASTRAND. H.R. 485: Mr. SOLOMON, Mr. BAKER of Cali- recommendations regarding unfunded Fed- H.R. 230: Mr. SOLOMON. fornia, and Mr. GALLEGLY. eral mandates that are the subject of judicial H.R. 246: Mr. CUNNINGHAM, Mr. MCKEON, H.R. 489: Mr. COOLEY, Mr. SENSENBRENNER, proceedings between the United States and a Mr. COX, and Mr. CHRISTENSEN. and Mr. SOLOMON. State, local, or tribal government. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, JANUARY 26, 1995 No. 16 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 9 a.m., on the ex- RESERVATION OF LEADER TIME Graham amendment No. 189, to change the effective date. piration of the recess, and was called to The PRESIDENT pro tempore. Under order by the President pro tempore Harkin amendment No. 190, to express the the previous order, the leadership time sense of the Senate regarding the exclusion [Mr. THURMOND]. is reserved. of Social Security from calculations required under a balanced budget amendment to the f Constitution. PRAYER Bingaman amendment No. 194, to establish The Chaplain, the Reverend Richard UNFUNDED MANDATE REFORM an application to provisions relating to or C. Halverson, D.D., offered the follow- ACT administrated by independent regulatory ing prayer: The PRESIDENT pro tempore. Under agencies. Let us pray: the previous order, the Senate will re- Glenn amendment No. 195, to end the practice of unfunded Federal mandates on States Therefore shall a man leave his father sume consideration of S. 1, which the and local governments and to ensure the and his mother, and shall cleave unto his clerk will report. Federal Government pays the costs incurred wife: and they shall be one flesh.—Gen- The assistant legislative clerk read by those governments in complying with cer- esis 2:24. as follows: tain requirements under Federal statutes Father in Heaven, we pray this morn- A bill (S. 1) to curb the practice of impos- and regulations. ing unfunded Federal mandates on States Kempthorne amendment No. 196 (to ing for our families. Thou didst begin Amendment No. 190), to express the sense of human history with marriage and the and local governments; to strengthen the partnership between the Federal Govern- the Senate that any legislation required to family, and history makes it clear that ment and State, local, and tribal govern- implement a balanced budget amendment to no civilization can survive the disinte- ments; to end the imposition, in the absence the U.S. Constitution shall specifically pre- gration of the family. of full consideration by Congress, of Federal vent Social Security benefits from being re- Forgive our negligence as husbands mandates on State, local, and tribal govern- duced or Social Security taxes from being increased to meet the balanced budget require- and wives and parents. Teach us to be ments without adequate funding, in a manner that may displace other essential gov- ment. subject to one another out of reverence ernmental priorities; and to ensure that the Glenn amendment No. 197, to have the for Christ as Thy word exhorts. Help Federal Government pays the costs incurred point of order lie at only two stages: (1) husbands to love their wives as Christ by those governments in complying with cer- against the bill or joint resolution, as loved the church and laid down His life tain requirements under Federal statutes amended, just before final passage, and (2) for her. and regulations, and for other purposes. against the bill or joint resolution as recommended by conference, if different from Forgive us when we fail to be models The Senate resumed consideration of the bill or joint resolution as passed by the for our children, when our actions con- the bill. Senate. tradict our words, and they wonder in Pending: Lautenberg amendment No. 199, to exclude their confusion whether to believe Levin amendment No. 172, to provide that from the application of the act, provisions what we say or what we do. Forgive us title II, Regulatory Accountability and Re- limiting known human (Group A) carcino- form, shall apply only after January 1, 1996. gens defined by the Environmental Protec- for frustrating them by demanding of Levin amendment No. 174, to provide that tion Agency. them conduct which we fail to dem- if a committee makes certain determina- Byrd amendment No. 200, to provide a re- onstrate. Help us to love our children tions, a point of order will not lie. porting and review procedure for agencies even when they do not conform to our Levin amendment No. 175, to provide for that receive insufficient funding to carry out hopes for them. Senate hearings on title I, and to sunset title a Federal mandate. Remind us that when we are too busy I in the year 2002. Boxer amendment No. 201, to provide for Levin amendment No. 176, to clarify the unreimbursed costs to States due to the im- for our families, we are too busy. scope of the declaration that a mandate is position of enforceable duties on the States Protect our families from the many ineffective. regarding illegal immigrants or the Federal destructive forces which are peculiar to Graham amendment No. 184, to provide a Government’s failure to fully enforce immi- this Federal city and common among budget point of order if a bill, resolution, or gration laws. those who bear the responsibilities of amendment reduces or eliminates funding A unanimous-consent agreement was national leadership. for duties that are the constitutional respon- reached providing for the consideration of sibility of the Federal Government. amendment No. 201 on Thursday, January 26. We pray this in the name of Him Murray amendment No. 188, to require Boxer amendment No. 203, to provide for whose life was the very incarnation of time limitations for Congressional Budget the deterrence of child pornography, child selfless love. Amen. Office estimates. abuse, and child labor laws.

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

S 1557 S 1558 CONGRESSIONAL RECORD — SENATE January 26, 1995 Wellstone amendment No. 204, to define The PRESIDENT pro tempore. The sonal exemption that everyone has to the term ‘‘direct savings’’ as it relates to clerk will report the amendment. deal with. I quote section 151(A): Federal mandates. The assistant legislative clerk read An exemption of the exemption amount for Wellstone amendment No. 205, to provide as follows: the taxpayer; and an additional exemption of that no point of order shall be raised where the exemption amount for the spouse of the the appropriation of funds to the Congres- The Senator from California [Mrs. BOXER] taxpayer if a joint return is not made by the sional Budget Office, in the estimation of the proposes an amendment numbered 223 to taxpayer and his spouse, and if the spouse, Senate Committee on the Budget, is insuffi- amendment No. 201. for the calendar year in which the taxable cient to allow the Director to reasonably Mr. KEMPTHORNE. Mr. President, I year of the taxpayer begins, has no gross in- carry out his responsibilities under this act. suggest the absence of a quorum. come, and is not the dependent of another Grassley amendment No. 208, to require an Mrs. BOXER. Mr. President, par- taxpayer. affirmative vote of three-fifths of the Mem- bers to waive the requirement of a published liamentary inquiry. It goes on to define a ‘‘child’’ and a statement on the direct costs of Federal The PRESIDENT pro tempore. The ‘‘student.’’ The code tells us that the mandates. amendment has not been read. A mo- exemption amount is disallowed in the Kempthorne amendment No. 209, to pro- tion is not in order at this time. case of certain dependents. There are vide an exemption for legislation that reau- The clerk will read the amendment. provisions on the phaseout of the ex- thorizes appropriations and does not cause a The assistant legislative clerk read emptions. In addition, a taxpayer net increase in direct costs of mandates to as follows: States, local, and tribal governments. would have to wade through definitions Kempthorne amendment No. 210, to make In the amendment strike all after ‘‘(e) IM- of ‘‘applicable percentage’’ and technical corrections. MIGRATION’’ and insert the following: ‘‘threshold amount’’ and how this Kempthorne (for Dole) amendment No. 211, REPORT.—Not later than 3 months after threshold is coordinated with other to make technical corrections. the date of enactment of this act, the Advi- provisions, and the adjustments for in- sory Commission shall develop a plan for re- Glenn amendment No. 212, to clarify the flation both pre- and post-1991 because baseline for determining the direct costs of imbursing State, local, and tribal governments for costs associated with providing they are done differently. reauthorized or revised mandates, and to Anyone who tried to read the Inter- clarify that laws and regulations that estab- services to illegal immigrants based on the lish an enforceable duty may be considered best available cost and revenue estimates, nal Revenue Code would agree that it mandates. including— is complicated beyond belief. And I am Byrd modified amendment No. 213, to pro- (1) education; describing an easy, short, and basic vide a reporting and review procedure for (2) incarceration; and provision. agencies that receive insufficient funding to (3) health care. I ask unanimous consent that the (f) The appropriate Federal agencies shall carry out a Federal mandate. full text of section 151 appear in the Gramm amendment No. 215, to require that be authorized to expend such sums as are necessary to fulfill the plan for reimburse- RECORD so that Senators can read for each conference report that includes any themselves this law of the land and de- Federal mandate, be accompanied by a re- ment described in section 302(e). port by the Director of the Congressional Mr. KEMPTHORNE addressed the cide if it is intelligible or if it is gibber- Budget Office on the cost of the Federal Chair. ish. mandate. The PRESIDENT pro tempore. The There being no objection, the mate- Gramm amendment No. 216, to require an distinguished Senator from Idaho. rial was ordered to be printed in the affirmative vote of three-fifths of the Mem- RECORD, as follows: bers to waive the requirement of a published Mr. KEMPTHORNE. Mr. President, I INCOME TAX—PERSONAL EXEMPTIONS statement on the direct costs of Federal suggest the absence of a quorum. mandates. The PRESIDENT pro tempore. The Sec. 153. Cross references. Byrd modified amendment No. 217, to ex- clerk will call the roll. [Sec. 151] clude the application of a Federal intergov- The assistant legislative clerk pro- SEC. 151. ALLOWANCE OF DEDUCTIONS FOR PER- ernmental mandate point of order to em- ceeded to call the roll. SONAL EXEMPTIONS. ployer-related legislation. Mr. DOMENICI. Mr. President, I ask [Sec. 151(a)] Levin amendment No. 218, in the nature of unanimous consent that the order for (a) ALLOWANCE OF DEDUCTIONS.—In the case a substitute. of an individual, the exemptions provided by Levin amendment No. 219, to establish that the quorum call be rescinded. this section shall be allowed as deductions in estimates required on Federal intergovern- The PRESIDENT pro tempore. With- computing taxable income. mental mandates shall be for no more than out objection, it is so ordered. 10 years beyond the effective date of the (Mr. KEMPTHORNE assumed the [Sec. 151(b)] mandate. chair.) (b) TAXPAYER AND SPOUSE.—An exemption Brown amendment No. 220, to express the of the exemption amount for the taxpayer, sense of the Senate that the appropriate f and an additional exemption of the exemp- committees should review the implementation amount for the spouse of the taxpayer if tion of the act. CHANGE THE INCOME TAX LAW a joint return is not made by the taxpayer Brown-Hatch amendment No. 221, to limit and his spouse, and if the spouse, for the cal- the restriction on judicial review. Mr. DOMENICI. Mr. President, while endar year in which the taxable year of the Roth amendment No. 222, to establish the the Senate is trying to work out some taxpayer begins, has no gross income and is effective date of January 1, 1996, of title I, other matters pertinent to the bill and not the dependent of another taxpayer. and make it apply to measures reported, to the amendment that is pending, [Sec. 151(c)] amendments and motions offered, and con- UNN Senator N and I are on the floor (c) ADDITIONAL EXEMPTION FOR DEPEND- ference reports. and we want to talk for a few minutes, ENTS.— AMENDMENT NO. 201 each of us, about the need to abolish (1) IN GENERAL.—An exemption of the ex- The PRESIDENT pro tempore. The the income tax law of this land and emption amount for each dependent (as depending question is the Boxer amend- substitute a brandnew one for it that fined in section 152)— ment numbered 201. will be much simpler and that will lead (A) whose gross income for the calendar Mrs. BOXER addressed the Chair. our country into the 21st century with year in which the taxable year of the tax- the right kind of policies promulgated payer begins is less than the exemption The PRESIDENT pro tempore. The amount, or distinguished Senator from California. by the Tax Code. (B) who is a child of the taxpayer and who AMENDMENT NO. 223 TO AMENDMENT NO. 201 We also want to do this because we (i) has not attained the age of 19 at the close believe simplification is absolutely im- (Purpose: To require development of a plan of the calendar year in which the taxable to reimburse State, local, and tribal gov- perative. The Tax Code of the United year of the taxpayer begins, or (ii) is a stu- ernments for the costs associated with ille- States in terms of its complexity, the dent who has not attained the age of 24 at gal immigrants and to authorize expendi- cost to society, the cost to business, the close of such calendar year. ture of such sums as are necessary to ful- the frustration to citizens, the anger (2) EXEMPTION DENIED IN CASE OF CERTAIN fill the reimbursement plan) toward the Internal Revenue Service is MARRIED DEPENDENTS.—No exemption shall be allowed under this subsection for any de- Mrs. BOXER. Mr. President, I send a truly a disgrace. We have to make it pendent who has made a joint return with second-degree amendment to the desk simple and make it work. his spouse under section 6013 for the taxable and I ask for its immediate consider- Let me just give a couple of exam- year beginning in the calendar year in which ation. ples. Take the simple notion of a per- the taxable year of the taxpayer begins. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1559

(3) CHILD DEFINED.—For purposes of para- taxpayer’s adjusted gross income for the tax- (1) IN GENERAL.—Except as provided in graph (1)(B), the term ‘‘child’’ means an indi- able year exceeds the threshold amount. In paragraph (2), the term ‘‘exemption amount’’ vidual who (within the meaning of section the case of a married individual filing a sepa- means— 152) is a son, stepson, stepdaughter of the rate return, the preceding sentence shall be (A) $1,900 for taxable years beginning dur- taxpayer. applied by substituting ‘‘$1,250’’ for ‘‘$2,500’’. ing 1987, (4) STUDENT DEFINED.—For purposes of In no event shall the applicable percentage (B) $1,950 for taxable years beginning dur- paragraph (1)(B)(ii), the term ‘‘student’’ exceed 100 percent. ing 1988, and means an individual who during each of 5 (C) THRESHOLD AMOUNT.—For purposes of (C) $2,000 for taxable years beginning after calendar months during the calendar year in this paragraph, the term ‘‘threshold December 31, 1988. which the taxable year of the taxpayer be- amount’’ means— (2) EXEMPTION AMOUNT DISALLOWED IN THE gins— (i) $150,000 in the case of a joint of a [sic] CASE OF CERTAIN DEPENDENTS.—In the case of (A) is a full-time student at an educational return or a surviving spouse (as defined in an individual with respect to whom a deduc- organization described in section section 2(a)), tion under this section is allowable to an- 170(b)(1)(A)(ii); or (ii) $125,000 in the case of a head of a house- other taxpayer for a taxable year beginning (B) is pursuing a full-time course of insti- hold (as defined in section 2(b)), in the calendar year in which the individ- tutional on-farm training under the super- (iii) $100,000 in the case of an individual ual’s taxable year begins, the exemption vision of an accredited agent of an edu- who is not married and who is not a surviv- amount applicable to such individual for cational organization described in section ing spouse or head of a household, and such individual’s taxable year shall be zero. 170(b)(1)(A)(ii) or of a State or political sub- (iv) $75,000 in the case of a married individ- (3) INFLATION ADJUSTMENT FOR YEARS division of a State. ual filing a separate return. AFTER 1989.—In the case of any taxable year (5) CERTAIN INCOME OF HANDICAPPED DE- For purposes of this paragraph, marital beginning in a calendar year after 1989, the PENDENTS NOT TAKEN INTO ACCOUNT.— status shall be determined under section dollar amount contained in paragraph (1)(C) (A) IN GENERAL.—For purposes of para- 7703. shall be increased by an amount equal to— graph (1)(A), the gross income of an individ- (D) COORDINATION WITH OTHER PROVISIONS.— ual who is permanently and totally disabled (A) such dollar amount, multiplied by The provisions of this paragraph shall not (B) the cost-of-living adjustment deter- shall not include income attributable to apply for purposes of determining whether a services performed by the individual at a mined under section 1(f)(3), for the calendar deduction under this section with respect to year in which the taxable year begins, by sheltered workshop if— any individual is allowable to another tax- (i) the availability of medical care at such substituting ‘‘calendar year 1988’’ for ‘‘cal- payer for any taxable year. endar year 1989’’ in subparagraph (B) thereof. workshop is the principal reason for this (4) INFLATION ADJUSTMENTS.— presence there, and The above amendments apply to tax years (A) ADJUSTMENT TO BASIC AMOUNT OF EX- beginning December 31, 1990. (ii) the income arises solely from activities EMPTION.—In the case of any taxable year beat such workshop which are incident to such P.L. 99–514, § 103(a): ginning in a calendar year after 1989, the dol- Act Sec. 103(a) amended Code Sec. 151(f) to medical care. lar amount contained in paragraph (1) shall (B) SHELTERED WORKSHOP DEFINED.—For read as above. Prior to amendment Code Sec. be increased by an amount equal to— 151(f) read as follows: purposes of subparagraph (A), the term (i) such dollar amount, multiplied by (f) EXEMPTION AMOUNT.—For purposes of ‘‘sheltered workshop’’ means a school— (ii) the cost-of-living adjustment deter- this section, the term ‘‘exemption amount’’ (i) which provides special instruction or mined under section 1(f)(3) for the calendar means, with respect to any taxable year, training designed to alleviate the disability year in which the taxable year begins, by $1,000 increased by an amount equal to $1,000 of the individual, and substituting ‘‘calendar year 1988’’ for ‘‘cal- multiplied by the cost-of-living adjustment (ii) which is operated by— endar year 1992’’ in subparagraph (B) thereof. (as defined in section 1(f)(3)) for the calendar (I) an organization described in section (B) ADJUSTMENT TO THRESHOLD AMOUNTS year in which the taxable year begins. If the 501(c)(3) and exempt from tax under section FOR YEARS AFTER 1991.—In the case of any amount determined under the preceding sen- 501(a), or taxable year beginning in a calendar year tence is not a multiple of $10, such amount (II) a State, a possession of the United after 1991, each dollar amount contained in shall be rounded to the nearest multiple of States, any political subdivision of any of paragraph (3)(C) shall be increased by an $10 (or if such amount is a multiple of $5, the foregoing, the United States, or the Dis- amount equal to— such amount shall be increased to the next trict of Columbia. (i) such dollar amount, multiplied by highest multiple of $10). (C) PERMANENT AND TOTAL DISABILITY DE- (ii) the cost-of-living adjustment deter- P.L. 99–514, § 103(b): FINED.—An individual shall be treated as per- mined under section 1(f)(3) for the calendar Act Sec. 103(b) amended Code Sec. 151 by manently and totally disabled for purposes year in which the taxable year begins, by striking out subsections (c) and (d) and re- of this paragraph if such individual would be substituting ‘‘calendar year 1990’’ for ‘‘cal- designating subsections (e) and (f) as sub- so treated under paragraph (3) of section endar year 1992’’ in subparagraph (B) thereof. 22(e). sections (c) and (d), respectively. Prior to AMENDMENTS AMENDMENTS amendment, Code Sec. 151(c) and (d) read as P.L. 103–66, § 13201(b)(3)(G): follows: P.L. 100–647, § 6010(a): Act Sec. 13201(b)(3)(G) amended Code Sec. (c) Additional Exemption for Taxpayer or Act Sec. 6010(a) amended Code Sec. 151(d)(4)(A)(ii) and (B)(ii) by striking ‘‘1989’’ Spouse Aged 65 or More— 151(c)(1)(B)(ii) by inserting ‘‘who has not at- and inserting ‘‘1992’’. (1) For Taxpayer.—An additional exemp- tained the age of 24 at the close of such cal- The above amendment applies to tax years tion of the exemption amount for the tax- endar year’’ before the period. beginning after December 31, 1992. payer if he has attained the age of 65 before The above amendment applies to tax years P.L. 103–66, § 13205: the close of his taxable year. beginning after December 31, 1988. Act Sec. 13205 amended Code Sec. 151(d)(3) (2) For Spouse.—An additional exemption [Sec. 151(d)] by striking subparagraph (E). Prior to being of the exemption amount for the spouse of (d) EXEMPTION AMOUNT.—For purposes of stricken, Code Sec. 151(d)(3)(E) read as fol- the taxpayer if a joint return is not made by this section— lows: the taxpayer and his spouse, and if the (1) IN GENERAL.—Except as otherwise pro- (E) TERMINATION.—This paragraph shall spouse has attained the age of 65 before the vided in this subsection, the term ‘‘exemp- not apply to any taxable-year beginning close of such taxable year, and, for the cal- tion amount’’ means $2,000. after December 31, 1996. endar year in which the taxable year of the (2) EXEMPTION AMOUNT DISALLOWED IN CASE The above amendment is effective on the taxpayer begins, has no gross income and is OF CERTAIN DEPENDENTS.—In the case of an date of enactment of this Act. not the dependent of another taxpayer. individual with respect to whom a deduction P.L. 102–318, § 511: (d) Additional Exemption for Blindness of under this section is allowable to another Act Sec. 511 amended Code Sec. 151(d)(3)(E) Taxpayer or Spouse.— taxpayer for a taxable year beginning in the by striking ‘‘December 31, 1995’’ and insert- (1) For Taxpayer.—An additional exemp- calendar year in which the individual’s taxing ‘‘December 31, 1996’’. tion of the exemption amount for the taxable year begins, the exemption amount ap- The above amendment is effective July 3, payer if he is blind at the close of his taxable plicable to such individual for such individ- 1992. year. ual’s taxable year shall be zero. P.L. 101–508, § 11101(d)(1)(F): (2) For Spouse.—An additional exemption (3) PHASEOUT.— Act Sec. 11101(d)(1)(F) amended Code Sec. of the exemption amount for the spouse of (A) IN GENERAL.—In the case of any tax- 151(d)(3)(B) by striking ‘‘1987’’ and inserting the taxpayer if a separate return is made by payer whose adjusted gross income for the ‘‘1989’’. the taxpayer, and if the spouse is blind and, taxable year exceeds the threshold amount, P.L. 101–508, § 11104(a): for the calendar year in which the taxable the exemption amount shall be reduced by Act Sec. 11104(a) amended Code Sec. 151(d) year of the taxpayer begins, has no gross in- the applicable percentage. to read as above. Prior to amendment, Code come and is not the dependent of another (B) APPLICABLE PERCENTAGE.—For purposes Sec. 151(d)(as amended by Act Sec. taxpayer. For purposes of this paragraph, the of subparagraph (A), the term ‘‘applicable 11101(d)(1)(F)) read as follows: determination of whether the spouse is blind percentage’’ means 2 percentage points for (d) EXEMPTION AMOUNT.—For purposes of shall be made as of the close of the taxable each $2,500 (or fraction thereof) by which the this section— year of the taxpayer, except that if the S 1560 CONGRESSIONAL RECORD — SENATE January 26, 1995 spouse dies during such taxable year such de- Another company with worldwide op- read it. For a tax lawyer, there are 21 termination shall be made as of the time of erations told me they rent time on a volumes of this code; 21 volumes, anno- such death. supercomputer to calculate some of the tated—that is interpretations—and (3) Blindness Defined.—For purposes of this foreign tax credit provisions. subsection, an individual is blind only if his case law on this code, which, I repeat, central visual acuity does not exceed 20/200 Tax Code complexity costs America I do not believe anybody who is the in the better eye with correcting lenses, or if about $50 billion annually in compli- least bit nearsighted could even read his visual acuity is greater than 20/200 but is ance costs. this. They would have to have a mag- accompanied by a limitation in the fields of I have concluded, and I am joined by nifying glass, it is that tiny. vision such that the widest diameter of the my distinguished friend from Georgia, Our tax, the prototype we are devel- visual field subtends an angle no greater Senator NUNN, that the Federal Tax than 20 degrees. oping, is a single tax in two parts, a Code is un-American in spirit, wrong in tax on individuals and a tax on busi- The above amendments apply to tax years principle because it levies a double tax beginning after December 31, 1986. ness. The individual tier of the USA P.L. 99–514, § 1847(b)(3): on dividends and taxes savings, and it tax system has two characteristics: Act Sec. 1847(b)(3) amended Code Sec. discourages risk-taking and entrepre- first of all, it is progressive, a goal neurship and the creation of jobs. It is 151(e)(5)(C) by striking out ‘‘section 37(e)’’ achieved through a combination of and inserting in lieu thereof ‘‘section 22(e)’’. hostile to savings and investment, and graduated rates, exemptions, and per- The above amendment is effective as if in- tilted in the opposite direction. It en- sonal deductions; and a family living cluded in the provision of P.L. 98–369 to courages corporate management to ne- which such amendment relates. glect long-term investment in favor of allowance for lower income individ- P.L. 98–369, § 426(a): focusing on short-term profits. uals, the earned-income tax credit. The Act Sec. 426(a) amended Sec. 151(e) by add- family living allowance recognizes that ing at the end thereof a new paragraph (5) to Now, we do not want to tell businesses what to do. We want to create a every family’s budget includes neces- read as above. sities and the Federal Government The above amendment applies to tax years code that encourages them to do the beginning after December 31, 1984. things that are best for our future. should not tax that portion of a fami- P.L. 97–34, § 104(c)(1), (2): The way a country taxes its people ly’s monthly expenses. Amended Code Sec. 151 by striking out deeply influences its potential for fu- The net new savings deduction is an ‘‘$1,000’’ each place it appeared and inserting ture growth. important feature of this system. For in lieu thereof ‘‘the exemption amount’’ and Our current code penalizes savings by those would want to expand IRA’s, this by adding at the end thereof new subsection taxing income when it is earned and is the ultimate expansion. It will give (f), effective for taxable years beginning after December 31, 1984. then taxing interest and dividends that all Americans, including those of mod- P.L. 95–600, § 102(a): are generated by the initial invest- est income, an opportunity to have Amended Code Sec. 151 by striking out ment. When an activity is penalized in more control over how their income is ‘‘$750’’ each place it appeared and inserting the code, it influences behavior. Tax- taxed each year. As a consequence, it in lieu thereof ‘‘$1000’’, effective for taxable payers do less of those disfavored ac- empowers taxpayers to have some say years beginning after December 31, 1978. tivities, and the current code is doing a in how large their tax bill will be. The Mr. DOMENICI. This simple section good job of discouraging savings. net savings deduction combines the has more than 14 jump sites which Americans are only saving about 2.8 best tax policy of the individual IRA refer readers to other sections of the percent of the gross domestic product. accounts and the capital gains differen- code for additional information. With The lack of savings leads to a short- tial. all of its complexities, the current In- age of investment, which in turn leads The IRA debate usually focuses on ternal Revenue Code still fails to col- to insufficient growth, stagnating in- back end verus front ended; sophisti- lect $127 billion each year in taxes that comes, and a loss of high-wage jobs. cated saver verus unsophisticated; are owed. Acknowledgment of this is rampant. whether the benefit should be limited Capital costs, which everybody is be- Congressional Budget Director Robert to people without other pensions or Reischauer spoke to this recently. I ginning to understand, is the lifeblood not; whether funds could be withdrawn ask the quote be made part of the of an economy now and in the 21st cen- for three worthy purposes—first time RECORD. tury. How much can we get capital for? home buying, college education, or cat- What do we have to pay for it? That There being no objection, the quote was ordered to be printed in the astrophic medical expenses, or five cost is one-third more than it should be worthy purposes adding long-term un- RECORD, as follows: if we had an efficient Tax Code. That employment or caring for an incapaci- * * * the best way for the nation to pre- means every time a business borrows tated parent; and whether IRA’s add to money to grow, they pay about one- pare for [the] future * * * is to save and in- the savings pool or merely divert as- third more for that capital because of vest more now. Greater investment, the sets from existing nontax preferred ac- this Tax Code than if we had one that main engine of growth, would enlarge the future economic pie * * *. Investment in turn, counts. promoted savings and investment. fundamentally depends on the available pool The net new savings deduction in the Since we started talking about abol- of saving, whether private (personal and cor- tax system Senator NUNN and I are pro- ishing the current Income Tax Code porate) or government (federal, state and posing avoids all of these arguments. and replacing it with an unlimited sav- local) * * *. First, it recognizes that savings and in- ings allowance tax to be known as the Mr. DOMENICI. The administration vesting is good for the economy and USA tax, we have heard from hundreds testified before Ways and Means the de- that people shouldn’t be called upon to of people who have told us about their plorable state of savings in the United experiences with this current code. States. pay taxes on income that they are I have a small business advocacy We believe that the savings rate is dedicating to the savings pool. group in New Mexico. Every time we too low to sustain a sufficient level of It puts no time constraints on the meet, the agenda is dominated by com- private investment into the next cen- savings or investment so that individ- plaints about the Internal Revenue tury. Without adequate investment, uals can move from investment to in- Service and the Internal Revenue Code, the continued healthy growth of the vestment without tax consequences as and the top Federal Government prob- economy is at risk. long as they continue to save and in- lem that they face is constantly fight- Our prototype tax is a quest for the vest the proceeds from the preceding ing with the IRS over this Tax Code. best tax system we can develop, one investment. In this respect the net new It is not just small business. One of that should vastly expand the pool of savings deduction is not only an ex- America’s crown jewels as far as high- savings and achieve significant sim- panded, universal IRA, it is a new, and technology companies is concerned plicity in that bargain. We estimate improved capital gains mechanism told me they have three IRS auditors that of the 700 Internal Revenue Code which allows taxpayers a series of in- who are assigned full-time to reviewing sections, over 75 percent would be vestments and rollovers without incur- the company’s taxes. As of 1994, and eliminated. ring tax liability. the IRS auditors were still reviewing Here is the Tax Code in very small Instead of a capital gains rate of 7, 1987 returns. print. We need a magnifying glass to 14, or 28 percent, the net new savings January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1561 deduction works like a zero rate on Expensing helps firms who need way America taxes itself and the way capital gains as long as the proceeds working capital as well as the entre- America saves money and the way are reinvested. preneur who wants to expand his busi- America invests money. We avoid the debate about whether ness through the purchase of an impor- I believe it is going to have a tremen- IRA’s add to the savings pool or merely tant piece of productivity enhancing dous effect on the American economy divert assets from existing nontax pre- equipment. Finally, expensing is good over a period of time if it is enacted ferred accounts because the deduction for the economy. If businesses are al- and implemented, and we hope it will only applies when an individual has, at lowed to write off their investments in be. the end of the year more saving than the year they are purchased businesses Mr. President, in the coming days, he or she had at the beginning of the are much more likely to make such in- many proposals to change different year. Mere portfolio shuffling without vestments, thereby increasing jobs and components of the Tax Code are likely a net addition to saving does not result economic growth. to come before the Senate—initiatives in a deduction. As we started to design the Unlim- to expand IRA’s, to which the Senator These are but a few of the features of ited Savings Allowance Tax Act [USA] from New Mexico referred; accelerate our new tax system. We will be intro- we made certain general assumptions: depreciation of business investments; ducing legislation which will provide Raise as much revenue as the current provide differential tax treatment for far more detail in the next few weeks. code; corporations and businesses gains on capital investment; and other Now, I will yield shortly, because I would continue to shoulder the same proposals. want my friend, Senator NUNN, to ex- share of the total revenue burden as What drives these and similar propos- plain in more detail how this is going under current law. als is the important truth that the cur- to work. Let me just suggest that the Retain current code progressivity so rent Tax Code penalizes the efforts of deduction for personal savings—that is, that high-income earners in the top 20 individuals and businesses to save and deferring income if a person saves— percent, as a group would pay no more, invest more of their current income to parallels business expense deductions and no less in taxes. The bottom 20 per- pay for future obligations and to en- for capital investment. The former al- cent of the taxpayers would see no sure future prosperity. lows the individual to defer tax on that change, as a group in their share of the portion of income that is saved and ul- tax burden. The same would be true of My colleague from New Mexico and I timately converted into capital. The each 20 percent or quintile. believe we must raise the national latter allows a business to recover cap- Improve competitiveness of our ex- level of savings. If someone does not ital before paying taxes. ports by designing the system to meet agree with that, then they will not The net new savings deduction maxi- international trade rules. This border favor this change. If they do agree with mizes choice and flexibility. It encour- adjustability allows a country’s exit, then I think there is a tremendous ages people to save for whatever pur- ports to leave the producing country challenge here to make the changes pose they deem worthwhile, not some without including a tax burden in its that we are talking about. Government-concocted list. export price. Border adjustability is en- Higher levels of savings lead to high- Hopefully, my friend, the Senator joyed by many of our competitors, yet er levels of investment. Higher levels from Georgia, will elucidate on the cor- unless we sack the Federal income tax, of investment lead to higher productiv- porate tax side. But let me give you this advantage will not be available to ity. It is only through higher produc- the main characteristics: our exporting companies. tivity that we can improve our Na- It has a flat tax on all businesses in- Provide unlimited expensing for busi- tion’s economy and its capacity to cre- cluding corporations, partnerships, sole nesses making capital investments and ate more and better jobs for our people proprietorships, and other forms of an unlimited deduction for personal and ultimately a higher standard of business organization. The base is very saving. living for our people. So that is the broad so that the rate can be quite low. Senator NUNN and I cochaired the chain on which we have to focus. Sav- It includes an unlimited deduction Strengthening of America Commission. ings in this country will eventually for capital investment—unrestricted This Commission was established by pay off in terms of the standard of liv- expensing. The expensing deduction al- Center for Strategic and International ing of the American people. lows a business to recover capital be- Studies [CSIS]. The purpose of the Senator DOMENICI and I do not think, fore being taxed. commission was to develop policies to however, that incremental changes will The Contract With America recog- put our fiscal house in order. One of be equal to the large task before us. nizes the sound tax policy behind the major recommendations was to Our fear is that incremental changes, expensing. It proposes to increase the abolish the current income tax system however well-intentioned, will com- current limit from $17,500 to $25,000. and to replace it with the tax system plicate an already Byzantine Tax Code When the National Federation of Inde- we have been talking about today. without yielding the new savings and pendent Business [NFIB] testified be- That bipartisan Commission deserves a investments that all of us seek. There fore the Ways and Means Committee, lot of recognition for their work on is a better way. they proposed increasing the annual this project. In a few weeks, we will introduce a expensing limit to $100,000 because it is Mr. NUNN addressed the Chair. comprehensive proposal to replace the the best tax policy tool to encourage The PRESIDING OFFICER (Mr. individual and corporate income tax investment. KYL). The Senator from Georgia. with an alternative that will accom- Our proposal provides unlimited Mr. NUNN. Mr. President, I join my plish everything the piecemeal reform expensing. Small firms favor expensing friend from New Mexico, Senator DO- attempts tried to accomplish and for several reasons: It is simple, it MENICI, to discuss the proposal that he much, much more. We believe this sort helps cash flow and it encourages cap- has briefly described. I certainly join of fundamental reform is essential, and ital formation. Expensing allows busi- him completely in his analysis of the we also believe it is within the capac- nesses to escape the complexity associ- current Tax Code. In my view, it is bro- ity of the Congress to enact. ated with calculating and tracking the ken and it cannot be fixed. We have to After careful consideration, Senator depreciation schedules for every piece replace it. That is what the Nunn-Do- DOMENICI and I agree that if we are se- of equipment. Expensing is good for all menici proposal is all about and one rious about our Nation’s future, we businesses, but it is particularly at- that we will be introducing sometime must scrap the current tax system and tractive to small businesses because it during the month of February. It is in put in its place a system that works. helps them with the day-to-day cash the drafting stage now. It will require What do we mean by a system that flow problems that they face. It allows review. works? We mean a system that encour- them to deduct more up front—putting We certainly will be introducing it in ages savings and investment. We mean resources back in the hands of the en- the spirit of welcoming both debate, a system that is perceived to be fair by trepreneur faster instead of keeping it constructive suggestions, and even con- the American people. We mean a sys- in the hands of the Federal Govern- structive criticism, because we believe tem that is understandable. We mean a ment. it is going to be a major change in the system that wrings fewer dollars, less S 1562 CONGRESSIONAL RECORD — SENATE January 26, 1995 forms, less paperwork, less complica- Ultimately, the unlimited savings al- Mr. President, the most regressive tion, less litigation, and less sweat lowance is about giving taxpayers part of our current Tax Code and one of from our citizens and businesses in try- greater freedom and responsibility, the the things that happened, most regret- ing to comply with it. freedom to save as much as they want tably, in the 1980’s, is that low- and me- We mean a system attuned to inter- and the responsibility to save for what- dium-income people basically had a national competitive realities, and I ever is important to them. much higher percent of their money will speak more on that in a moment. Along with a savings allowance, the going into overall taxation, because We mean a system that is fiscally re- USA individual tax includes a few while the income tax came down where sponsible. There is no point in creating other deductions, only a few because they would be taxed at lower rates, the a new Tax Code that increases private for every deduction we add, marginal FICA tax, the self-employment tax, sector components of national savings tax rates must increase in order to and the tax on a checkoff on employees while squandering the public sector raise the same amount of revenue. went up and went up very signifi- component of savings by allowing our The most important deduction is a cantly. deficit to balloon. generous family living allowance al- There are many thousands, perhaps We call our new tax system the USA ready referred to by my friend from millions, of Americans who pay more tax system, or the Unlimited Savings New Mexico. It is similar to but much in the FICA tax than they do in income Allowance Tax System. It is a single larger than the current standard de- tax. So what we are doing in this pro- integrated tax in two basic parts: a low duction. By providing a family living posal—and this is a strong element of flat tax on all businesses and a progres- allowance, we ensure that working fairness to those of modest incomes—is sive tax on individual incomes. These Americans on the low end of the eco- we are giving those people a credit two parts flow together. It is impor- nomic ladder are not taxed on essential back against taxes for the employee tant that people not separate them in spending for food, shelter, and the portion of Social Security. We also are their own mind because if they do, they other necessities of life. giving a credit back to the businesses— will not grasp the significance of the The USA individual tax retains the and I will mention that in a moment— whole concept. current deduction for home mortgage for their portion. This ensures fair This proposal allows an unlimited de- interest and for contributions to char- treatment for people of modest means. duction at the business level for capital ity. It also allows a deduction for tui- The payroll tax credit mitigates that investment and, most important, it tax’s harsh regressivity while preserv- tion expenses, for postsecondary edu- permits all citizens an unlimited de- ing the financial foundation of the So- cation, whether college, trade or voca- duction for the amount of their annual cial Security system. We do not in any tional school, or remedial education. incomes that they save and invest. The way affect the amount of money going This innovation recognizes the im- USA tax system directly and system- into the Social Security system, and I portance of investment in our young ically addresses our saving and invest- think people who are concerned about people and really, for that matter, in ment problem. that should recognize the same amount adults who want to have continuing To the individual, the USA tax sys- of money will go in from employees education as a key component of our tem says, ‘‘If you choose to defer some and employers. future prosperity. Our prosperity de- of your current consumption in favor The simplicity gains of the USA indi- pends not only on financial capital but of savings income for your future and vidual tax are obvious. The administra- the future of your children, the Tax also on human capital, and this pro- tive apparatus to collect the tax is al- Code will not penalize you for doing posal recognizes that essential fact. ready in place. We do not have to have so.’’ It parallels the deduction of the USA a new administrative apparatus which And to the business enterprise, business tax allowance for investments would be required under anything like whether very small or very large, man- in physical capital. Once the taxpayer a VAT. ufacturing, service, or agriculture, the has calculated his or her gross income From the perspective of both the tax- USA tax system says, ‘‘If you choose to and subtracted the allowable deduc- payer and tax collector, adjusting to invest your profits in a new machine or tions, the remainder is subject to tax. this new tax will be both feasible and, a new process that will help you grow Let me make it clear, our USA indi- I believe, understandable. and put more people to work, the Tax vidual tax proposal will have graduated At the same time, from the perspec- Code will help make this feasible.’’ The rates. On the individual side, we are tive of the philosophy of taxation, the USA tax system, by its very nature, proposing a progressive system, not a change portended by the USA individ- would align the way we tax with our flat tax. I do not believe it is nec- ual tax could not be more profound. common desire to provide our people essary, nor desirable, to abandon fair- Profound change is what we call for. with a better future, a better tomor- ness in order to fashion a simpler, more First, our tax proposal would rid the row. efficient, growth-oriented Tax Code. system of the current crippling double Let me turn briefly to a description There will be those who want to move taxation of savers. Under the present of how both the individual side and the toward a flat tax. Our system is not in- Tax Code, savers are taxed once on the business side would work and mesh to- compatible with that, but I believe my- income saved and again on the returns gether. Under the USA tax system, in- self that we should retain the current to those savings. This is the fundamen- dividual income tax would be defined progressive system based on the tal, inescapable reason why the Tax much the same as it is today. But—and amount of income that a person takes Code today is antisaving. The USA in- here is the crucial difference—tax- in, less the savings that they make. dividual tax would tax every dollar of payers would have the right to sub- I think everyone should recognize, income once and only once. tract the amount they saved and in- however, marginal rates, higher rates Just as important, under the USA invested from what they earned during at the margin, will not have anything dividual tax, each dollar is taxed when the year before they pay their tax. The like the same effect they have today it is removed from the society’s sav- balance would be subject to tax. because these will be marginal rates ings pool, not before. I think people Let me make it clear that the USA after deferring the tax by deducting have to understand that savings goes individual tax defines savings as ‘‘net saving and investment, a totally dif- to the benefit of all Americans, not new savings.’’ There will be no deduc- ferent psychology, and I hope people just the person saving. That savings tion for a mere portfolio shifting. Tax- stop and think about that as they pool is where we get our capital for payers only receive credit for net addi- weigh the question of flat versus pro- business, for investment, for auto- tions to their savings. At the same gressive taxation. mobile loans, for home loans. So the time, however, the USA individual tax Under the USA individual tax, lower more that savings pool increases, the places no limit on the amount of an in- income working Americans are allowed better off we all are, and that is an im- dividual’s net new savings that he or a tax credit for their portion of the portant part of this philosophy. she may deduct from gross income. Nor payroll tax. The USA individual tax Based on the history of the world, must that savings be limited to a spe- also retains the earned income tax not just the United States, it is my cific use, such as retirement. credit. view we will always have taxes to pay January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1563 as long as we have civilization, but is it taxed. However, when a company, for- tion of the complexity of the Tax Code. not better to tax people when they eign or American owned, manufactures We do not need elaborate rules to force take out of society’s common savings abroad and sells into the U.S. market, businesses to distribute sheltered sav- and investment pot rather than when the company is, through the operations ings. they put money into this pot? That, of a new import levy, taxed essentially In an economy with a gross domestic again, is the philosophy of what we are the same as if the factory were located product of over $6 trillion, taxation talking about. in the United States. Products coming will never be a completely simple af- The USA individual tax, by deferring in will be taxed the same as products fair. But because the USA tax system the tax on saved income, does just sold in America. eliminates the need for rules against that. Moreover, the USA business tax ap- sheltering and because it is based on When Senator DOMENICI and I intro- plies only to business income generated cash rather than accrual accounting, it duce our USA tax proposal—and hope- in the United States. Profits earned by promises real advances in simplicity fully that will be, certainly it will be, American companies overseas would and clarity. in the month of February—we will not be included in the new tax base, On the day of its enactment, as the specify an individual rate structure de- while the profits of subsidiaries of for- Senator from New Mexico has already signed to collect the same amount of eign corporations located in America stated, whole volumes of the Tax Code money raised by the current personal would be. complications would fall away into income tax. Correspondingly, the USA In other words, this is a territorial welcome oblivion. The tax shelter in- business tax, which I will describe in a tax. It eliminates enormous complex- dustry would shrink and compliance moment, will raise the same amount of ity. It encourages exports, and it levels costs would plummet. There would be money as the current business income the playing field in terms of businesses no more fights over capital gains. All tax produces. There is no shell game in this country competing with busi- income would be treated alike. The here. We are not trying to shift the tax nesses all over the world. wage earner that earns $40,000 a year burden from business to the individual By rebating the tax on American ex- would have his income treated the or from the rich to the poor or vice ports and by making U.S. subsidiaries same as someone who has $40,000 in versa. We are not looking for that elu- of foreign companies pay their fair sive fellow behind the tree that the share of tax, the United States would capital gains. Senator from Louisiana, Senator Long, with the USA Tax Code in one stroke The key is what they would do with used to talk about with such great attune our Tax Code to world competi- it. The capital gains debate would be humor and with such great specificity tive realities. over. If it is reinvested, then the tax- to the point being made in the debate To enjoy the benefits of the export ation on it would be deferred. If it is that was taking place then and contin- rebate, under current international not reinvested, if it is consumed, then ues to take place, always looking for trade agreements, we have to include ordinary tax rates would apply. And someone else to tax. wages in the business tax base. Many that would be the same for the factory In the final analysis, everybody pays will be concerned about that. But there worker as for the investor who sits at taxes. That is not going to change. We are two important things to remember. home with stock investments or bond are not offering a tax cut or tax in- First, our business tax rate will be investments or other kinds of invest- crease. We are proposing a change in quite low—10 percent or, hopefully, ments. the way our democracy raises revenue. even less—after we go through transi- There would be no more fights over With that in mind, let me describe tion. Second, under our proposal, busi- capital gains, investment tax credits, the second component of our new tax nesses would receive a credit for the accelerated depreciation, individual re- proposal, the USA business tax. employer share of the payroll tax tirement accounts, and other targeted Under the USA business tax, all busi- against their taxes owed to the amount incentives for saving. The USA tax sys- nesses, corporate and noncorporate, of $7.65, again a very important contem eliminates these issues because it would be taxed the same. Firms would cept. offers a blanket deduction for personal deduct expenses from gross sales to de- The combination of the low, flat rate saving and business investment. termine gross profits as they do today. and the payroll tax credit means that Mr. President, Senator DOMENICI and From those profits, they would also be inclusion of wages in the gross tax base I want to simplify the Tax Code and permitted to deduct the full cost of all will for most businesses result in a make sure it serves the long-term na- investments in new plant and equip- comparatively small amount of tax. tional interest by encouraging growth ment in the year the funds are ex- And do not forget, under the USA busi- and a higher standard of living. There pended. ness tax, unlike the current code, firms is a direct connection between savings These investments work for all of would have the advantage of a tax re- and real income for our people. We us—not just the company investing but bate on their exports and, more fun- need more thrift not for thrift’s sake the people who have jobs, the people damentally, the opportunity to expense but because our willingness to save and who buy the products, and the people the capital investment necessary to invest today means more jobs and who basically invest in the business. raise productivity and create better greater wealth tomorrow—more ability The balance would be taxed at a low and higher paying jobs. to consume tomorrow. Our parents and flat rate. We now estimate this While I have described the USA busi- saved to provide us with our current rate to be approximately 10 percent. ness and individual tax apart from one prosperity; we owe the next generation That is not absolutely precise, but another, it is essential to regard them no less. when people are looking at this busi- as comprising a single tax levied at two A good way to begin is to understand ness tax and the fundamental changes places: at the level of the firm where that the current tax system is broken made in it, they need to understand we the wealth is created and at the level and, in my opinion, it cannot be fixed. are not talking about the same rate of the individual where the wealth is In a very real way, it has abetted our structure as today. We are talking received. The key to the USA tax sys- irresponsible tendency to live beyond about a dramatically lower rate, but tem and what makes it work is the fun- our means. Our current Tax Code, I be- we are applying it to all businesses, not damental principle of the saving deduc- lieve, must be abolished and replaced. simply corporations. tion for the individual taxpayer. We must begin anew. The USA tax Beyond allowing an immediate de- The deduction for individual saving system provides a way to eliminate the duction for investments in future permits a new perspective toward de- cynical complexities, the special sub- growth, the USA business tax would be signing the business tax. Because indi- sidies, the crippling biases present in border adjustable. That is enormously vidual saving is exempt under our pro- the current code. By accomplishing important. Products made in America posal, it eliminates enormous complex- real reform of the tax system, this Con- and exported would not be taxed. I re- ities in the Tax Code. There is no rea- gress can take a giant step toward se- peat that, because it is fundamental son to be concerned under our proposal curing our future. and it is important. Products made in about people sheltering their savings in Mr. President, I thank the patience America and exported would not be corporations. This drives a huge por- of the others on the floor, Senator S 1564 CONGRESSIONAL RECORD — SENATE January 26, 1995

KEMPTHORNE and others, and I yield Let me talk a little bit about this the substitute language. There was cer- the floor. amendment. When we talk about un- tainly no intent to deny the oppor- The PRESIDING OFFICER. The Sen- funded mandates, I think it fair to say tunity to present this language. ator from Idaho. that in California the mother of all un- I also want to say I agree very much f funded mandates is the unreimbursed with the spirit in which the Senator of- costs from illegal immigration. Why do fers this amendment. My State of Ari- UNFUNDED MANDATE REFORM I say that? It is because California gets zona suffers relatively from the same ACT almost one-half the number of illegal kind of expenses that are imposed on Mr. KEMPTHORNE. Mr. President, I immigrants coming into the country. States like California and other border ask unanimous consent that time prior We put the number of illegal immi- States that have experienced a tremen- to a motion to table the Boxer amend- grants in our State at about 1.7 million dous increase in illegal immigration— ment, No. 201, be limited to 30 minutes people. The children go to schools; it over the last several months in par- equally divided in the usual form and costs the taxpayers money. People get ticular, but certainly over the last few that following the conclusion or yield- sick; and it costs the taxpayers money. years. In fact, it is estimated in the ing back of time the majority manager Illegal immigrants are incarcerated; State of Arizona the cost of incarcerat- or his designee be recognized to make a and it costs the taxpayers money. Sim- ing illegal felons in our prisons is in motion to table the Boxer amendment, ply, in this amendment we are saying: the neighborhood of $100 million. Pay attention to this unfunded man- No. 201. This year, just in the first few weeks The PRESIDING OFFICER. Without date that is really wreaking havoc on our State. of this year, the Tucson sector has ex- objection, it is so ordered. perienced record high apprehensions of Mrs. BOXER addressed the Chair. The people in our State voted for illegal immigrants coming across the The PRESIDING OFFICER. The Sen- prop 187, a very controversial, a very border, part of which is due to the addi- ator from California. controversial measure. They voted for tional agents put in California and it because, I believe, they wanted to Mrs. BOXER. Mr. President, I am Texas and therefore illegal immigra- send a message to this U.S. Senate, to tion appears to be funneling through very pleased to be able to offer this this Congress, and to our President: amendment. I wanted to clarify the Arizona. So my State is certainly expe- Help us. This is not fair. Although we riencing this problem. reason why I second-degreed my own are doing more to control the border amendment. we are not doing enough and we are I have been trying to work with the Late last night we presented our sec- continuing to have to deal with this Attorney General to have an allocation ond-degree—actually we wanted to issue. of more agents for the Arizona border modify our initial amendment and we to prevent this problem and the attend- So, what I simply do in this amend- ant expenses. So I certainly understand were told there would be no unani- ment is ask that not later than 3 mous-consent agreement to the modi- the problem and associate myself with months after the date of enactment, the remarks of the Senator from Cali- fication. The modification is very im- the Advisory Commission shall develop portant. I will get into that. But I fornia about the need to begin this re- a plan for reimbursing States, local imbursement process. wanted to make sure the manager of and tribal governments for the costs the bill understood that I was not associated with providing services to Under the crime bill, of course, last meaning to surprise him, I just was illegal immigrants based on the best year $1 billion was authorized for reim- acting because I was not able to modify available cost and revenue estimates. bursement for incarceration of illegal my amendment. aliens. The first tranche of that money Let me underscore that. Illegal im- has come to the States, but it is not I also want to say to the manager— migrants do pay taxes in many cases actually to both managers —that they enough. Where I disagree with the Sen- and those are revenues. But the GAO ator from California, and why I will be are doing a terrific job of moving this report that I asked for shows us very bill along. I think we are in fact mak- moving to table the amendment, has to clearly there is a very large net cost to do with the fact that this amendment ing good progress. I think the Amer- my State of California of approxi- ican people understand better what it is not well drawn and is in the wrong mately $1.4 billion. So we asked this place. It has no business on the un- is we are doing. Advisory Commission to look at the This is the first day I have spoken on funded mandates legislation. And sec- costs to educate, incarcerate, and to ond, it is not really necessary. this bill when I did not have my charts provide medical care for these illegal behind me that show what I call an in- immigrants. And then we say that the The Immigration Reform Act of 1990 credible bureaucracy that is growing Advisory Commission come in with a establishes a commission to study pre- up as a result of S. 1, which is very plan for reimbursement; and that the cisely the costs that are involved here, much changed from the initial un- appropriate Federal agencies shall be the costs associated with providing funded mandates bill that I supported authorized to expend such sums that services to illegal immigrants. As a last year. Yesterday I was very heart- are necessary to fulfill the plan for re- matter of fact, it calls for a report. Be- ened to see that 44 Members of this imbursement described in this section. cause the Appropriations Committee U.S. Senate voted to add as an excep- last year felt that this was so impor- So it is not just talk. It is action. It tant, it appropriated an additional tion to that bureaucracy, any law that is not just process. It says this is a real deals with our most vulnerable popu- $400,000 beyond the request in order to unfunded mandate. This is the oppor- expedite this report. lations—namely our children under 5, tunity on S. 1 to address it and let us our pregnant women, and our frail el- move forward. As a matter of fact, let me read from derly. We do not want to have this U.S. the report language from the appro- Senate—or at least I hope we do not Mr. President, I retain the remainder of my time. priations committee. The committee want to have it tied up in knots when says: it comes to dealing with those popu- I ask how much time I do have left? lations. May I ask through the Chair, how The Committee is supportive of the Com- I was rather surprised to see the Re- much time I have left? mission on Immigration Reform’s mandate publicans again vote in lockstep The PRESIDING OFFICER (Mr. and the request for funds as submitted. In re- against that amendment which is a KEMPTHORNE). The Senator from Cali- viewing the broad range of issues to be exam- commonsense amendment. I am happy fornia has 10 minutes remaining. ined by the Commission, however, the Com- we did get one Republican to cross that Mrs. BOXER. I will reserve the re- mittee is particularly concerned about the quality of the data currently available on line, Senator SPECTER. I thank him for mainder of my time. that show of independence. The PRESIDING OFFICER. The Sen- the costs and benefits of immigrants, espe- ator from Arizona is recognized. cially unauthorized immigrants, and the I have, after this amendment, an- vast range of estimates on this topic. other amendment dealing with an ex- Mr. KYL. Mr. President, let me first ception to the bill as it relates to child of all express to the Senator from Cali- Then the committee concludes: pornography, child sexual abuse, and fornia my understanding of the proce- To that end, the Committee has included child labor laws. We will be debating dure from last night. There was a mis- $400,000 above the request to enable the Com- that, hopefully, later in the day. understanding about the acceptance of mission to join with the National Academy January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1565 of Sciences in a collaborative effort to ad- it will cover very little because most ment. But I think he understands as I dress these methodological issues and pro- Federal laws deny benefits to illegal do that this is a huge problem, and I vide a higher level of credibility to immigra- aliens. Would it apply to something think one of the reasons people get so tion cost data. such as a court-determined benefit? frustrated is because when we are fac- It is my belief that when this infor- There is a court case that says we ing a situation in my home State of mation is available it will be impera- cannot deny educational benefits to il- California and in the Senators State, tive for the Federal Government to legal aliens. So perhaps that would be that is clearly an unfunded mandate. then establish a plan for reimburse- covered. Would any program offered by And I will explain why it is an un- ment of States for the expenses attend- the States but not mandated by the funded mandate, and then we have Sen- ant to the Government’s failure to con- Federal Government be violated here? ators get up and say this does not be- trol the border. But that is different That would violate the legislation that long in the bill. This does not belong in from an unfunded mandates. the Senator seeks to amend. The spirit the bill. The fact is the State of Cali- I would like I to take us back to the of this legislation is that if the Federal bill. The presiding officer authored this fornia has to spend more than $1 billion Government requires a State or a local a year for a couple of reasons. One is bill, and understands full well that it is government or a tribal government to designed to deal with the problem of that the provision of the emergency expend money, then the Federal Gov- medical services is a direct Federal unfunded Federal mandates and the ernment ought to reimburse the local costs associated with the illegal immi- mandate. In the Omnibus Budget Rec- government for the expense. That I onciliation Act of 1986 the Federal Gov- gration are not unfunded mandates. support. That is why I am a strong sup- They are, rather, costs associated ernment is telling the States you have porter of this legislation. But where a to provide emergency medical services. with the failure of the Federal Govern- State voluntarily does something on ment to perform an obligation which So for someone to say that there is no its own, it is not the Federal Govern- basis for that in the law—that individ- we all recognize it has to perform. But ment’s obligation to reimburse for it is not an unfunded mandate. ual simply has not read that act. those expenses. Let me tell you what that means to This amendment of the Senator from The Senator from California will California amounts to—in fact, it is an my State: $395 million a year. That is rightly argue that part of the problem not small change. And then I will say authorization, an open-ended author- here is that because the Federal Gov- ization—from the Federal Government to my friend that there was a legal ernment has failed in its obligation to to pay for the benefits which are unde- case in the Supreme Court which said control the borders. The States have fined and which are unidentified in very clearly there is a legal mandate in little leeway in providing benefits to terms of scope. As a matter of fact, the our Constitution that requires the those illegal immigrants. And that amendment of the Senator from Cali- State to educate undocumented chil- may be true in certain cases. I think fornia contains no criteria for deter- dren. Let me tell you that cost to the we have to understand in which cases mining what would be eligible for re- people of my State: $1.6 billion a year. we believe it to be true before we com- quirements and what would not. This The Senator says it is not much mit the Federal resources to reimburse bill is a pure, open-ended authoriza- money. There are no mandates. I just the States. Otherwise, we get into the tion. gave you two of the mandates. How situation of the States literally decid- I suggested to the Senator from Cali- about the third one which I discussed— fornia yesterday that we perhaps in- ing to do whatever they want to do, and the Federal Government has no incarceration. Do you know what that clude in the Commission that was es- cost is to my State for incarceration of tablished under the 1990 act in that control over the situation. We would have to reimburse them whether we it illegal immigrants? It is $360 million a Commission’s mandate, a requirement year. Do you know what they have re- for presentation of options for the re- is an obligation. We have to reimburse them whether we believe it is an obli- imbursed my State? It is $33 million. imbursement of the States, an actual So I have now shown you and given plan for reimbursement, but the Sen- gation, whether it is appropriate or not. So the amendment is simply too you the references for where our States ator from California wanted to go be- have no choice but to provide these yond that and actually create an au- broadly drafted. It is an open-ended authorization and clearly would bind us services, and they are getting very lit- thorization in this bill. That is some- tle back. Yes, there is revenue that thing which cannot do, and we are not in ways that we do not want to be bound at this time. comes in. But it does not nearly match. prepared to do it. Among other things, It does not nearly match what these it puts the cart before the horse. I Finally, Mr. President, as I said, these expenses are almost never un- costs are. think we have to first determine how My colleague from Arizona says he is much reimbursement is necessary and funded mandates. They are expenses very satisfied with Washington’s re- to whom. for a failure to perform. That is the sponse. He said in the Appropriations Otherwise, as I said, it is open ended reason why this entire amendment Committee they know this is a prob- without and without limitation and, really has no place in this unfunded lem. They are working on it. Why does very importantly, it is without cri- mandates legislation. not he check with Governor Wilson teria. I will strongly support the Senator Under the bill which was introduced from California in her efforts to get the who filed a lawsuit against the Federal by you, Mr. President, there is a very Federal Government to reimburse the Government? He should also know important component which precedes States and local governments for ex- about the amicus brief that is going to the action by the Congress on a deter- penses attendant to the problem of ille- be filed tomorrow on the California re- mination of whether to make a reim- gal immigration. I want to do that. But imbursement lawsuit. So our Governor bursement to a State or not. That is a obviously this legislation is not the thinks it is one of the biggest issues CBO estimate of the costs involved. Ob- place to do it. And it is not appropriate facing the State. He is a Republican. I viously, we want to understand what either for us to create an open-ended agree with him in terms of the unreim- the potential costs are before we sim- authorization. bursed sums. I am shocked to hear a ply sign, basically, a blank check and So those are the reason, at the con- Senator from a State that has the we want to establish the criteria. clusion of this debate, I will be moving problem agree with me in spirit but op- Under this amendment of the Senator to table the amendment of the Senator pose my legislation, which would in es- from California, there are no criteria. from California. sence say we know enough to know It is simply an open-ended authoriza- Mr. President, I would like to reserve these are unreimbursed costs; let us tion without any indication of what the remainder of my time. get with it. would qualify or not. Mrs. BOXER. President, I yield my- The Commission he talks about was One question that I would like to ask self 5 minutes. not set up to make a plan for reim- is, are these reimbursements only for I want to thank the Senator for his bursement. This bill says we know programs that are mandates by the very thoughtful words today. I am glad enough. How long are we going to wait? Federal Government? In other words, he likes the spirit of my legislation. I So, Mr. President, I hope we will unfunded mandates. If that is the case, would prefer he endorse the amend- have support for this amendment. We S 1566 CONGRESSIONAL RECORD — SENATE January 26, 1995 can use words and say it is not rel- its children. We understand that to be soon move to table the amendment of evant. But when the Federal Govern- an obligation. What we do not know is the Senator from California. ment says you must provide certain what the criteria for determining the Mrs. BOXER. Mr. President, I ask for services and because of its failure to appropriate level of expenses are and, the yeas and nays on my amendment. control the borders, those services are therefore, what the burden of the Fed- The PRESIDING OFFICER. Is there a going out of control, to me it would be eral Government would be in reimburs- sufficient second? highly, in a sense, hypocritical not to ing States for those incurred expenses. There is not a sufficient second. include this section in this bill. I agree with the Senator from Califor- Mr. KYL. Mr. President, I suggest the I will retain the remainder of my nia that the States should be reim- absence of a quorum. time. bursed, but we have to understand The PRESIDING OFFICER. The Mr. KYL. How much time do I have what costs we should be reimbursing clerk will call the roll. remaining, Mr. President? and not sign a blank check authoriza- The legislative clerk proceeded to The PRESIDING OFFICER (Mr. tion, as the Senator’s amendment call the roll. ROTH). The Senator has 7 minutes. would be. Mr. GLENN. Mr. President, I ask Mr. KYL. Thank you. Mr. President, The third area that the Senator men- unanimous consent that the order for I would like to yield myself 5 minutes tioned was emergency medical serv- the quorum call be rescinded. of time. ices, and as far as I know, the Senator The PRESIDING OFFICER. Without I want to make my position perfectly is correct in that regard. That would be objection, it is so ordered. clear on this, because I think it was, to an additional expense, but I do not Mr. GLENN. Mr. President, there will some extent, misrepresented by the know of anybody who knows how much be a little bit of delay getting every- Senator from California. that is. That is why we established a body here. I never said, for example, that this is Commission in 1990 to determine the Mr. President, I ask unanimous con- not much money; quite the contrary. correct amount. And as the Appropria- sent that the Senator from California My State of Arizona has been severely tions Committee said last year, be- be able to use the last 6 minutes of her impacted by the problem of illegal im- cause of the widely divergent views on allotted time. migration and has had to bear signifi- how much money is involved here, it is The PRESIDING OFFICER. Without cant costs as a result. I do not doubt important for us to identify those objection, it is so ordered. for a moment that the cost estimates Mrs. BOXER. Thank you very much. amounts first, and then I hope we will suggested by the Senator from Califor- I think we can conclude this debate, authorize and appropriate the nec- nia represent an approximation of what but I would like to respond to my essary funds for that. the State of California has had to bear. friend from Arizona. And he is my Beyond those three things, the Sen- If you add to that the costs of other friend and I know he is going to work ator from California has not identified border States, I know they are signifi- on this issue in the months and years any additional mandates. I think my cant. I want it clearly understood that ahead because we are, being border original point is valid, and that is that I have never said this is not much States, having a lot of problems and a much of what we would seek to be re- money or that it should not be reim- lot of difficulties handling, frankly, imbursed here, and what I would seek bursed. In fact, I said quite the oppo- what is the failure of the Federal Gov- to have reimbursed, is not a mandate site, that we do need to reimburse ernment under many administrations States. from the Federal Government, which is to control the borders and because of I said at the beginning of my re- what is covered in our legislation here, that we see that States have these in- marks that in Arizona, the Governor but rather costs associated with the credible costs which I have named es- estimates the expense for incarceration failure of the Federal Government to sentially unfunded mandates. of illegal aliens to be about $100 mil- perform its duties. In my view, that is My friend from Arizona does not see lion a year, about a third of what Cali- just as important to be reimbursed it that way. He thinks it is wrong to fornia apparently estimates. The Sen- from the Federal Government to the put this amendment on this bill. He ator from California points out the fact States as the cost of an unfunded man- thinks it is not relevant. I think it is that California’s Governor is a Repub- date. I took the floor a week ago and completely relevant, Mr. President, be- lican. The Governor of Arizona is also made precisely that point. So the Sen- cause when I talk with my Governor a Republican, and they both want to ator from California and I are in agree- what I hear over and over again, is we see the Federal Government reimburse ment on that. want to be reimbursed for these costs. the States for the expenses of illegal But I also made the point that this And these costs are in direct relation immigration. I do not doubt their esti- bill on unfunded mandates is not the not only to the Federal Government’s mates. place to put that requirement. It cer- failure to control borders, but laws, I am sure the Senator from Califor- tainly is not the place to put an open- such as the Omnibus Budget Reconcili- nia is aware of the fact that there are ended authorization. ation Act which forces us—and, by the widening disparate numbers involved That is why I conclude with this way, I agree—to provide emergency here, and that it is very difficult to point: The Senator from California medical services to people. We are hu- correctly identify what each State says, well, you cannot just agree with mans. But it is a cost, and it is unreim- would be entitled to in terms of reim- the intent or with the spirit; you have bursed. bursement. to agree with the method. That has And because of our Constitution of The crime bill passed last year au- never been the case in this body, or in the United States of America—which thorized $1 billion for reauthorization the United States of America, or any- Senator BYRD carries around with him, for incarceration. So to the extent that where else. We can agree that some- and I have decided to do that as well; I the Senator from California identifies thing needs to be done and still have a think it is a good idea—the States are incarcerating illegal aliens as a prob- disagreement as to precisely how to do providing education to children who lem for which we need immediate au- it. That is the nature of our agreement are not here legally, and that is a very thorization, that authorization already here. large expense. exists. My State received already just What we are saying on this side is Now, in response to the Senator’s under $1 million, not nearly enough. that this piece of legislation, which point that we need more information The State of California has not re- deals with unfunded mandates and has on the cost, let me advise him—and I ceived nearly enough, but those reim- a CBO estimate of the costs that the will share with him a report that I got bursements are beginning. So her Federal Government would be required back from the General Accounting Of- amendment is not necessary to begin to reimburse, is not the place to put an fice in November, just a few months the process for reimbursement for in- open-ended authorization without any ago. They took the best available esti- carcerating illegal aliens. such ability to estimate costs, without mates of revenues and costs and said The second area is education. I any criteria for determining what the they could come up fairly comfortably brought up a Supreme Court ruling obligation of the Federal Government with an appropriate number. So we do which says that a State must educate would be. That is why, as I said, I will not need to stall this thing. This is the January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1567 appropriate mechanism. This bill is the and suddenly they are not going to sup- Mr. LOTT. I announce that the Sen- appropriate mechanism to handle this port this, it is because they have an- ator from North Carolina [Mr. HELMS] situation. other agenda. And the agenda is the 100 is necessarily absent. The Senator says I have put in here, days contract—‘‘This is what we said. I also announce that the Senator I forget his exact words, an open-ended, Let us not put anything else on. Keep from Wyoming [Mr. SIMPSON] is absent I believe he said, an open-ended author- the green eyeshades on. Keep your eye due to a death in family. ization. Well, anyone who knows things on the 100 days. Don’t do anything in I further announce that, if present around here knows that there are many this bill.’’ and voting, the Senator from Wyoming authorizations here, but they have to Listen, I had friends of mine on the [Mr. SIMPSON] would vote ‘‘yea.’’ go to the Appropriations Committee. other side of the aisle essentially tell The PRESIDING OFFICER. Are there So to say that this is uncontrollable, me that they were very sad they could any other Senators in the Chamber open-ended, nobody has control, is sim- not support some of my amendments. who desire to vote? ply not true. The appropriators will de- So there is another agenda going on The result was announced—yeas 58, cide. And nothing in my amendment here, Mr. President. And that is all nays 40, as follows: changes that at all, nor would I want right. But I wish that we would just [Rollcall Vote No. 47 Leg.] to change it. put it out in the open and say, ‘‘We are YEAS—58 What we say is that this Advisory going to vote lockstep against all Abraham Glenn McConnell Commission shall come back—we put a amendments. We want to make sure Ashcroft Gorton Murkowski timeframe on it—they will come back, that Speaker Gingrich gets his 100-day Baucus Grams Nickles Bennett Grassley Nunn and they will tell us what these costs contract, because if we add these are and, believe me, they have a lot of Bond Gregg Packwood amendments we are going to slow the Brown Hatch Pressler information already at hand, because process down, we are going to have to Burns Hatfield Rockefeller the GAO report is merely the latest re- Byrd Heflin Roth go to conference and the like.’’ port that deals very clearly with this Chafee Inhofe Santorum Well, America has other things on its matter. Coats Jeffords Shelby agenda other than this Contract With Cochran Kassebaum Smith The Senator says it is not clear what America. Thank goodness we took Cohen Kempthorne Snowe I am talking about. If he reads my Coverdell Kerrey Specter amendment he will see what I am talk- some time out to pass the resolution Craig Kohl Stevens ing about—education, incarceration, against clinic violence. Thank good- D’Amato Kyl Thomas ness we took some time out to pass a DeWine Lieberman Thompson and health care. Now there may be Dole Lott Thurmond some other things, but those are the resolution on the earthquake in Japan. Domenici Lugar Warner main things and I have identified them. Thank goodness we took some time out Faircloth Mack Frist McCain This is not an open-ended amendment to express the Senate’s view on the at all. tragic terrorist bombing in Israel. NAYS—40 So I think for us not to deal with this But, my goodness, let us not have Akaka Feingold Levin huge unfunded mandate, that goes to such a narrow view of this bill that we Biden Feinstein Mikulski ignore something so fundamental as Bingaman Ford Moseley-Braun the States because of the Federal Gov- Boxer Graham Moynihan ernment’s failure to control its bor- the costs of illegal immigration to our Bradley Gramm Murray ders, that comes about because of laws States. Breaux Harkin Pell So, Mr. President, that concludes my Bryan Hollings Pryor and Supreme Court decisions, makes Bumpers Hutchison Reid this bill rather irrelevant in many argument. I want to again thank the Campbell Inouye Robb ways. It is like saying you are going to managers for their consideration of Conrad Johnston Sarbanes have a Clean Air Act and you deal with this amendment. Daschle Kennedy Simon The PRESIDING OFFICER. The time Dodd Kerry Wellstone everything but the quality of the air. Dorgan Lautenberg This is one of the largest unfunded of the Senator has expired. Exon Leahy Mrs. BOXER. I hope that when a mo- mandates to my State. And I would NOT VOTING—2 have a very hard time explaining to the tion is made to table, Senators will Helms Simpson people of my State why this Congress vote against that motion. could not go along with this. I yield the floor. So the motion to lay on the table the I think it is a very reasonable plan— Mr. KYL addressed the Chair. amendment (No. 201) was agreed to. a commission comes back within 3 The PRESIDING OFFICER. The Sen- Mr. KEMPTHORNE. Mr. President, I months. They take all the data and ator from Arizona. move to reconsider the vote by which then immediately we can begin to seek Mr. KYL. Mr. President, I look for- the motion was agreed to. appropriations. ward to joining the Senator from Cali- Mr. GLENN. I move to lay that mo- Now my colleague says, ‘‘Well, this is fornia in developing appropriate legis- tion on the table. unnecessary because we are already lation to reimburse States for costs as- The motion to lay on the table was getting reimbursed for incarceration.’’ sociated with illegal immigration at agreed to. I praised the Clinton administration, the appropriate time, but we should VOTE ON AMENDMENT NO. 199 the first administration that requested not have in this bill such amendment The PRESIDING OFFICER. The funding for this program, but let me as proposed by the Senator from Cali- question now is on agreeing to the mo- tell you, we still need more money. The fornia. tion to table amendment No. 199 of- funding is still so far off the mark—as Therefore, at this time, I move to fered by the Senator from New Jersey the Senator himself said, they got $1 table the amendment of the Senator [Mr. LAUTENBERG]. The yeas and nays million for $100 million spent. We got from California and I ask for the yeas are ordered. The clerk will call the about $33 million so far for $360 million and nays. roll. spent. We need to have the reimburse- The PRESIDING OFFICER. Is there a The bill clerk called the roll. ment plan which is called for to come sufficient second? There is a sufficient Mr. LOTT. I announce that the Sen- forward within a time certain. second. ator from Wyoming [Mr. SIMPSON] is And I have to just say, Mr. President, The yeas and nays were ordered. absent due to a death in family. my deep concern about the way these The PRESIDING OFFICER. The I further announce that, if present amendments are being treated. I have question is on agreeing to the motion and voting, the Senator from Wyoming been around here long enough to know of the Senator from Arizona [Mr. Kyl] [Mr. SIMPSON] would vote ‘‘yea.’’ that when one party marches lockstep to table the amendment of the Senator The PRESIDING OFFICER. Are there on amendments that they have sup- from California [Mrs. BOXER]. any other Senators in the Chamber ported in the past such as this—and I The yeas and nays have been ordered who desire to vote? can point to amendments that my col- and the clerk will call the roll. The result was announced—yeas 63, leagues have supported in the past— The legislative clerk called the roll. nays 36, as follows: S 1568 CONGRESSIONAL RECORD — SENATE January 26, 1995 [Rollcall Vote No. 48 Leg.] ‘‘(1) in the case of a statement referred to streets, in our cities and towns of YEAS—63 in item (aa)(1), cease to be effective 60 days America. after the statement is submitted unless Con- Abraham Ford Lugar So everything does not have to be gress has approved the agency’s determina- Ashcroft Frist Mack done in 1 week, or 2 weeks, or 3 weeks, Baucus Glenn McCain tion by joint resolution during the 60 day pe- Bennett Gorton McConnell riod; especially if it undoes those things Bingaman Graham Murkowski ‘‘(2) cease to be effective 60 days after the that we have done over the years. Bond Gramm Nickles date the legislative recommendations of the So I worry very much about what is Brown Grams Nunn responsible Federal agency are submitted to going to happen. We want welfare re- Burns Grassley Packwood Congress under item (aa)(2) unless Congress Chafee Gregg Pressler form. We should not throw elderly Coats Hatch Robb provides otherwise by law; or ‘‘(3) in the case of a mandate that has not homebound citizens off the Meals on Cochran Hatfield Roth Wheels Program, and yet that is part Cohen Heflin Santorum yet taken effect, continue not to be effective Coverdell Helms Shelby unless Congress provides otherwise by law. of the so-called welfare reform program Craig Hutchison Smith Several Senators addressed the in the Contract With America. If we D’Amato Inhofe Snowe are going to have welfare reform, does Daschle Jeffords Specter Chair. DeWine Johnston Stevens The PRESIDING OFFICER. The Sen- that mean to end the school lunch pro- Dole Kassebaum Thomas ator from Vermont. gram, WIC, and child care food pro- Domenici Kempthorne Thompson grams? Let us ask ourselves just what Exon Kyl Thurmond Mr. LEAHY. Mr. President, I will be Faircloth Lott Warner very brief. we are doing. Let us take the time to fix those programs that need fixing. If NAYS—36 We have had discussion here on the floor regarding various issues of un- there are ways to improve the feeding Akaka Feingold Lieberman programs, then let’s do it. If people are Biden Feinstein Mikulski funded mandates. Also a couple of peo- Boxer Harkin Moseley-Braun ple have talked regarding some of our defrauding these programs then send Bradley Hollings Moynihan nutrition issues in America, and how them to jail. But also let us not say Breaux Inouye Murray things should be made better and dif- while we are doing this, children put Bryan Kennedy Pell Bumpers Kerrey Pryor ferent. I would just like to remind all your hunger on hold. We should not be Byrd Kerry Reid Senators, from whatever State they throwing millions of pregnant women, Campbell Kohl Rockefeller come from, that the various feeding infants, and children out of the WIC Conrad Lautenberg Sarbanes Dodd Leahy Simon programs in this country affect their Program under the guise of welfare re- Dorgan Levin Wellstone States a great deal. I would also reform. NOT VOTING—1 mind Senators that when we look at I have heard from the elderly, from our feeding programs, whether it is parents, from school teachers, and Simpson food stamps, women, infants, and chil- from day care providers around the Na- So the motion to table the amend- dren, supplemental feeding, over 80 per- tion. I have heard from senior citizens ment (No. 199) was agreed to. cent of the recipients of our food pro- who get Meals on Wheels, school lunch Mr. KEMPTHORNE. Mr. President, I grams are families with children. Our advocates, and from many Vermonters. move to reconsider the vote by which nutrition programs are children-ori- They are worried and feel betrayed. the motion to lay on the table was ented programs. We have to look at our They want welfare reform; they want agreed to. school lunch program as one of the able-bodied adults to work. So do I, and Mr. GLENN. I move to lay that mo- great successes of this country. so does every Member of this Chamber, tion on the table. Right after World War II, President but welfare reform should not include The motion to lay on the table was Harry Truman asked why so many peo- throwing elderly homebound citizens agreed to. ple who were drafted into that war ar- off the Meals on Wheels Program. A AMENDMENT NO. 213, AS FURTHER MODIFIED rived malnourished, with all kinds of Wall Street Journal article paints a Mr. BYRD. Mr. President, I ask unan- diseases. And they found out the obvi- devastating picture of the need to imous consent to further modify my ous reason: Most of them were mal- strengthen the Meals on Wheels Pro- amendment numbered 213. nourished. Most of them had not had gram, not eliminate it. The PRESIDING OFFICER. Is there adequate nutrition. Many of them had The article talks about John Fisher, objection? failed in school because of their lack of an 86-year-old retired Detroit truck Without objection, it is so ordered. being able to feed themselves. And driver who has been on a waiting list, Mr. BYRD. I send the modification to from that, as a matter of national se- along with thousands of other Detroit the desk. curity, we started our school lunch The amendment (No. 213), as further program, one of the most successful residents, for free delivery of hot modified, is as follows: feeding programs in this or any other meals. Widowed last year, Mr. Fisher cannot cook because arthritis makes it On page 23, strike line 18 through line 21 on country. page 24 and insert the following: The Contract With America speaks of difficult for him to stand long, even to ‘‘(III)(aa) provides that if for any fiscal turning this all back to the States but boil soup. year the responsible Federal agency deter- leaves out one little part. It does not The article talks about Carlos mines that there are insufficient appropria- put the money in to send it back to the Castillo, 71, who applied for meals last tions to provide for the estimated direct States. If we want to speak about un- February, writing on his application: costs of the mandate, the Federal agency funded mandates, the Contract With ‘‘Please help me. I just got out of the shall (not later than 30 days after the begin- hospital. Please, I need the meals now ning of the fiscal year) notify the appro- America would be a pretty big un- priate authorizing committees of Congress of funded mandate to our States and how and every day * * *.’’ the determination and submit either— they are going to feed our people. Mr. Castillo died in September, be- ‘‘(1) a statement that the agency has deter- Mr. President, before we rush head- fore his turn came up on the waiting mined, based on a reestimate of the direct long into thinking that we can pass list. Over his handwriting, the applica- costs of a mandate, after consultation with these bumper-sticker slogan policies, tion now has two words: ‘‘Cancel. De- State, local, and tribal governments, that ceased.’’ the amount appropriated is sufficient to pay ask ourselves who is affected by it? for the direct costs of the mandate; or Eighty percent of these changes are Welfare reform should not mean an ‘‘(2) legislative recommendations for either going to affect families with children, end to the Child-Care Food Program. implementing a less costly mandate or mak- the hungry children of America. We are This program feeds low-income chil- ing the mandate ineffective for the fiscal the wealthiest most powerful nation on dren so that their parents can work. year; Earth and yet even though we spend Welfare reform should not throw half ‘‘(bb) provides expedited procedures for the hundreds of millions of dollars to store of America’s children off the school consideration of the statement or legislative surplus food, hundreds of millions of lunch program and permit schools to recommendations referred to in item (aa) by Congress not later than 30 days after the dollars to convince people not to plant just serve whatever they want for statement or recommendations are submit- food, we have millions of young people, lunch. ted to Congress; and children and others who are going The American Food Service Associa- ‘‘(cc) provides that the mandate shall— without food, who are hungry in our tion has called the Contract With January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1569 America bill, H.R. 4, the greatest make up for the loss with State funds. elderly for legislation by bumper stick- threat to the School Lunch Program in The effect would be even worse during er. the history of its existence. They pre- a recession. Under current law, pro- Mr. President, I ask unanimous con- dict that if passed, 40,000 schools would grams such as school lunch, food sent that the Wall Street Journal arti- drop out of the School Lunch Program stamps, and the Child Care Food Pro- cle I referenced, along with a table and 10 million children would be with- gram, automatically give States more showing proposed USDA food assist- out a hot lunch. Welfare reform should money to respond to increased needs ance cuts, be printed in the RECORD. not throw millions of pregnant women, during periods of higher unemploy- There being no objection, the mate- infants, and children off the WIC Pro- ment. According to the USDA report, if rial was ordered to be printed in the gram. that bill had been in effect over the RECORD, as follows: The WIC Program saves up to $4 in last five years, the block grant in 1994 medical costs for every Federal dollar would have been over $12 billion less [From the Wall Street Journal, Nov. 8, 1994] invested in pregnant women, but the than the food assistance actually pro- FRAYED LIFELINE: HUNGER AMONG ELDERLY Contract With America does just vided—a reduction of about one-third. SURGES; MEAL PROGRAMS JUST CAN’T KEEP that—it has a hidden agenda. They are proposing a massive Federal UP This hidden agenda includes ending experiment on America’s children, and (By Michael J. McCarthy) the Meals on Wheels Program for elder- on America. If it does not work and ly homebound Americans. This hidden funding is not provided, millions of DETROIT.—For four months, John Fisher agenda includes ending the School children, the elderly, and pregnant has waited in nutritional limbo. The 86-year-old retired truck driver has Lunch Program for millions of chil- women will go hungry. Medical and been on a waiting list, along with a thousand dren. This hidden agenda includes end- education costs will skyrocket as more other elderly Detroit residents, for free hot ing the Child Care Food Program for and more children are born disabled, meals delivered weekdays. Widowed last day care homes. This hidden agenda in- and more and more children become year, Mr. Fisher can’t cook because arthritis cludes cutting the WIC Program for handicapped in their efforts to learn. makes it difficult for him to stand long, even pregnant women and infants. Before we have a wholesale disman- to boil soup. I was very surprised that the fine tling of every major nutrition program His monthly $541 Social Security check print in the contract singled out WIC, under the guise of welfare reform, we barely covers rent, utilities and other basics. Meals on Wheels, Senior Meals Pro- ought to take a look at how this will With the nearest grocery store more than a grams, and school lunches for the effect hungry children and the elderly. mile away from his tidy downtown apartment, Mr. Fisher, who suffers also from dia- worst treatment. When you read the This is not welfare reform. Do not be betes and glaucoma, treks three blocks with fine print you realize that the contract fooled by this bill. It implies that his cane to Theodore’s Family Dining and With America does not provide a penny States will get block grants to fund buys the cheapest entree: the $3.50 fish and in block grants to States. It allows for food assistance programs. But as I said chips. He eats half, and carries the rest authorizations that would be fought for earlier, not one penny is provided to home. ‘‘It’s a long, painful walk,’’ he says. every year. Governors think that the States or communities by the bill—sep- Carlos Castillo, 71, applied for the meals in contract will give them a block grant arate legislation would have to pass February, writing on his application: with a 5-percent cut built in. The prob- each year to provide funding. Let us ‘‘Please help me. I just got out of the hos- lem is that the contract itself gives not forget what happened in early pital. Please, I need the meals now and every them nothing. Even if fully funded, the 1981—hasty cuts were made in child nu- day. Thank you. I will appreciate it.’’ He died in September before his turn came up on Contract With America will increase trition programs. Those programs were the waiting list. Over his handwriting, the malnutrition among children and the cut by 28 percent. The cuts resulted in application now has two words: ‘‘Cancel. De- elderly. This Contract With America 3 million fewer children receiving ceased.’’ bill is antichild, antifamily, and it is school lunches. More than two decades after the creation false advertising. I am pleased that this part of the of a federal law aimed at providing free Last week the USDA issued a report Contract With America has no Senate meals to anyone over 60, several million detailing the affects of this Contract counterpart. However, the House plans older Americans are going hungry—and their With America bill, assuming full fund- to mark up this bill in the next 2 numbers are growing steadily. Federal food ing, which is very unlikely. In my weeks. I fear that this bill could pass programs can’t keep up with the nation’s home State of Vermont, even assuming the House very quickly. It will be left rapidly graying population. ‘‘For the first time, we have growing waiting lists,’’ says the full amount is appropriated, the to the Senate to make sure that chil- Fernado Torres-Gil, assistant secretary for contract will reduce nutrition assist- dren and the elderly do not get hurt aging at the U.S. Department of Health and ance by over $10 million in 1996 alone. under the guise of welfare reform. Human Services. ‘‘The level of malnutrition Behind that automatic cut are faces of Probably when most people think and real hunger is only increasing.’’ the elderly no longer receiving hot about food stamps that have an image This wasn’t always the case. In the 1970s, meals, children receiving a hot school of food stamp fraud and food stamp public concern about the plight of the elder- lunch. Working parents should be able trafficking. Yes, food stamps are ex- ly poor mobilized what until then had been to leave their children in day care and changed for cash. only a pilot program: The federal Meals on know that they will get a good meal. This must be stopped. Last year I in- Wheels movement, in which local communities began providing government-sub- Nutrition funding nationwide will be troduced legislation to eliminate all sidized, home-delivered meals. Demand cut by almost $31 billion over the next food stamp coupons, and switch instead surged. By last year 827,000 elderly had such 5 years. And once again this is assum- to electronic benefit transfer cards. meals delivered, and another 2.5 million re- ing that the full amount of a nutrition This will eliminate food stamp coupon ceived subsidized lunches at senior centers. block grant is funding, this is a big as- trafficking. The Office of Technology But interest in the issue has slipped over sumption. As bad as this is, I am wor- Assessment found that over 80 percent the past decade as the national spotlight ried that the USDA report issued last of food stamp fraud and diversions of shifted to the expanding ranks of affluent re- week greatly understates the harm benefits could be reduced by EBT. We tirees, a silver-haired generation healthier and more prosperous than their earlier coun- that will be caused by the Contract have to keep in mind that over 89 per- terparts. As a result, elderly-nutrition pro- With America. The report in many recent of food stamp benefits go to fami- grams have been eclipsed by broader issues spects assumes that the block grants lies with children, the elderly, or the like health-care reform and preserving So- will be fully funded. I believe that in a disabled. Food stamps help children cial Security amid federal deficit slashing. couple years, they will be only funded and the elderly. Those engaged in fraud The Urban Institute, sensing the emer- at a fraction of the full amount author- should be put in jail but America’s gence of a huge but hidden problem, con- ized. children and elderly should not be pun- ducted a nationwide study a year ago of el- America’s Governors will be stunned ished. derly hunger. The institute, a private, non- when they read the fine print and real- I stand ready to work with respon- profit social and economics policy-research group based in Washington, estimated after ize they have to come to Washington sible members of both parties to fight the study that as many as 4.9 million elderly each year and plead for money. States food stamp abuse, encourage work, to people—about 16% of the population aged 60 will be forced to reduce the number of cut costs, but I will not sacrifice the and older—are either hungry or malnour- people served, cut benefits or somehow nutrition of America’s children and the ished to some degree, often because they are S 1570 CONGRESSIONAL RECORD — SENATE January 26, 1995 poor or too infirm to shop or cook. Further, ‘‘There are a lot of hidden elderly, particu- are often frail or isolated, Margaret it found that at least two-thirds of needy larly in urban areas and high-rises, who are Ingraham, legislative representative, says, older people aren’t being reached by federal literally starving to death.’’ ‘‘We just don’t have the political clout.’’ food-assistance projects, including food The mismatch of funds and need comes The result is that the meals projects, much stamps. The institute partly faulted sys- amid trailblazing research on growing old. like the elderly they serve, have become se- temic claws: Aging groups hadn’t tradition- Conditions once considered the unavoidable verely strapped. In Chicago, the city had to ally focused on hunger, while hunger advo- ravages of aging—from cataracts to mental pump $700,000 in community-development cates hadn’t targeted the elderly. lethargy to slow-healing wounds—may really block grants earlier this year to eliminate a Meanwhile, funds for federal nutrition pro- stem from poor diets, deficits of vitamins waiting list of 650 people for delivered meals. grams haven’t kept pace with either the ris- and other nutrients, researchers say. In Baton Rouge, La., the aging office, citing ing cost of food or the surging tide of older Geriatric specialists recently coined the budget problems, began soliciting donations people. Increases in funding trailed the infla- term ‘‘anorexia of aging.’’ It isn’t like ano- from meal recipients last year, prompting tion rate throughout the 1980s, and in the rexia nervosa, in which people develop an some poor people to drop from the program. 1990s program budgets have risen only mar- aversion to food or an obsession with weight. In Salt Lake City, channeling money to the ginally. The poor appetite and debilitating weight meal program has meant taking it away In contrast, the elderly population swelled loss of the elderly have a range of causes: de- from another service—creating yet another by more than 20% in the 1980s alone. pression, dementia, denture problems and waiting list—in which workers help frail el- Concerned, HHS began in the fall of 1993 a eating alone. Poverty is often a factor, but derly people with grooming, laundry and two-year, $2.4 million study to evaluate the one national survey found that more than cooking in their homes. federal meals program, to quantify such one in five older Americans, regardless of in- Sometimes the people reached by the over- things as how many people are on waiting come, routinely skips at least one meal a whelmed food programs still must battle lists nationwide. Awaiting results, Mr. day. And poor nutrition raises the risk of a hunger. The Friendly Neighborhood Center, Torres-Gil says his agency has enlisted the fall, which is for many a prelude to costly a congregate dining room in Salt Lake City, Agriculture Department to help craft plans medical care. serves only one meal a day. Among the doz- to feed more older people, adding, ‘‘The prob- That something as basic as nutrition could ens who file in for the weekday lunch are the lem has gotten bigger than the both of us.’’ be a problem in a country of vast resources sickly thin women some call the ‘‘stick la- And it is certain to worsen. Some nine mil- illustrates how older individuals, their fami- dies.’’ Seated at folding tables around a big lion people 65 or older live alone, putting lies and government agencies have been bingo board, the women sometimes secretly them at increased risk for poor nutrition, caught unprepared by the combination of in- slip lunch portions into their purses. and their numbers are expected to grow to 11 creased life expectancy and frailty. Some ad- ‘‘They’re trying to stretch one meal into two million within a decade, according to HHS vocates of the elderly say long-term solu- or three,’’ says one program manager. figures. tions will have to be more creative, perhaps Central Florida’s Osceola County, where Given current funding levels and an aging offering tax incentives so more family mem- nearly a quarter of the population is 60 or population, David Turner, a social worker in bers can buy and prepare meals for older rel- older, offers a glimpse of what the rest of the Salt Lake City, echoes a sentiment heard at atives. country faces. In the past year, the Osceola many nutrition sites: ‘‘We don’t have a pray- But for now the main weapon against hun- County aging department has had to jump er.’’ ger remains the federal nutrition programs. hardle after hurdle just to keep from axing Already, the view from the trenches is dis- Funded under the Older Americans Act, any of the 400 people, averaging 87 years of mal. The people on lengthy waiting lists in passed in 1965 when Lyndon Johnson was age, who rely on it for cooked and delivered many cities usually represent only a fraction president, the congregate-dining and home- meals. of those who really need meals. In Detroit, delivery projects allow anyone over age 60 to With federal funds flat in 1993 at $76,763, for example, 2,200 elderly people get home- apply for free meals, regardless of income. the agency persuaded several area res- delivered meals. But last Thanksgiving and Many of those who use the program donate taurants to donate $50,000 in food. That Christmas, when seasonal sentiments something, but more than half of the partici- helped, but the department still couldn’t sparked private donations, Detroit was able pants nationally are poor. meet its goal of eliminating its waiting list to deliver holiday meals to 4,500 elderly shut- Because the elderly-nutrition program is of about 50 people. So, the agency found a ins. not an entitlement—as opposed to, say, So- dirt-cheap caterer to take over meal-prepa- Unable to feed that total daily, Paul cial Security—Congress has discretion to ap- ration: the Osceola County Jail. Bridgewater, Detroit’s aging-department di- prove whatever funds it decides will meet the Using prisoners to fill food boxes for the el- rector, says, ‘‘We’re nowhere near meeting need. ‘‘This is one of the places Congress can derly, and with the warden not charging for demand.’’ fine-tune funding when they must pay for en- labor, the county cut expenses by more than The meals programs in Detroit, like those titlement programs,’’ says Jean L. Lloyd, half, to 58 cents a meal from $1.78. It wasn’t in other cities, are funded substantially by nutrition officer at the HHS’s administra- a smooth transition, though. One of the first federal funds, which HHS splits up among tion on aging. days, the meals rolled outside the barbed- the states based on the relative size of their Last year saw a small funding increase for wire fences two hours late because an in- population 60 or older. Each state then sub- the meal projects, but Congress in Septem- mate, threatening suicide, had grabbed a divides the pot according to the needs, with ber left the budget for the current fiscal year knife in the jail’s kitchen. preference given to the poor. flat, at nearly $470 million. Along with an- Hoping to wipe out the waiting list soon, Each local aging agency can determine other $150 million from the Agriculture De- Beverly Houghland, the aging council’s exec- how it can best stretch its money: Some pre- partment, which reimburses states for some utive director, says, ‘‘The hardest thing pare meals in-house, some pay a caterer; a food costs, the financing has to stretch far you’ll ever have to do is tell someone that few hire drivers, although most use volun- and wide. you can’t give them meals.’’ teers. Some hire and some contract out so- Even if the 3.2 million people who receive Yet it happens daily all over the country. cial workers who can screen and assess the meals in congregate dinning rooms or In Detroit, when meal recipients go into the needs of older people. Some deliver two through home delivery got only one meal per hospital and have deliveries stopped, they meals a day, many only one. day, the government funding works out to sometimes can’t get them restarted once The Detroit aging agency, for example, about 53 cents a day per person. Concluded a they return home. Someone on a waiting list contracts out meal preparation and relies al- 1992 Government Accounting Office report on has been given their spot in the program. most exclusively on 300 volunteers, who use the elderly poor: ‘‘Funding for nutrition Says one frustrated case manager, Frances their own cars for deliveries. Most take services cannot possibly provide comprehen- Taylor, ‘‘It’s like deciding who is going to meals to 25 people on weekdays, driving 20 sive food assistance to the entire eligible get in the lifeboat and who has to stay in the miles a day on average. population.’’ water.’’ In Michigan, federals funds for meal For many years, the meals projects could Detroit’s aging department does set some projects, $13.8 million last year, are down 3% count on potent advocates such as Rep. priorities. Last month, for instance, the from 1988 levels. During the same period, Claude Pepper, the legislative champion of agency rushed meals out to one couple after with the aid of special allocations, state the elderly who died in 1989. Even a lobbying discovering how the 87-year-old husband and funding increased 19%. The net result for De- group as powerful as the American Associa- his wife, 83, were getting to the grocery troit is that it currently has an elderly-nu- tion of Retired Persons, based in Washing- store. The husband, who was nearly blind, trition budget of $3.3 million—13% less than ton, says that in recent years the best it has steered their car—instructed by his wife, in 1983. Back then, Detroit served 6,000 older been able to do is stave off ‘‘devastating cut- who was too frail to drive but could watch people. Today it can feed only 4,800 a day, backs,’’ says Jo Reed, senior coordinator for the road from the passenger side. primarily because of the higher cost of food. consumer issues. Higher food costs last year forced Orlando, In New York state, 2,500 older people are on The National Association of Meal Pro- Fla., to abandon a two-decade-old practice of waiting lists for home-delivered meals. grams, an Alexandria, Va., trade group com- serving hot dinners. Now the city offers cold About 62,000 people are on the program, but posed of providers of congregate and home- breakfasts, with cheaper fare like sweet rolls state surveys suggest as many as 10,000 more delivered meals, lobbies for increased fund- or cereal, to the roughly 600 older people it actually need them. Says Ed Kramer, an ing, but says it has not been very successful serves, for a saving of about 40 cents a meal, aging-department official for the state: either. Noting that her group’s constituents or $50,000 annually. (By law, each meal, January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1571 breakfast or otherwise, must have at least TABLE 3.—EFFECT OF THE PERSONAL RESPONSIBILITY at this and did a great job of working one-third of a day’s recommended dietary al- ACT ON USDA FOOD ASSISTANCE PROGRAMS BY STATE this out. Both sides agree on this. We lowances.) IN FISCAL YEAR 1996—Continued are glad to accept it on this side. Even with the cheaper menu, Orlando still [Dollars in millions] must depend on an all-volunteer force, which Mr. LEVIN. I thank the managers and add my thanks to Senator NICKLES. can make deliveries chaotic. One day this Level of food assist- Difference I yield the floor. summer, Nanette Klemens, Orlando’s Meals State ance on Wheels director, had to deliver food to 10 The PRESIDING OFFICER. All time Current Proposed Total Percent older people left waiting after a volunteer’s is yielded back. car broke down. Some days, as many as 30 Total ...... 40,764 35,600 ¥5,164 ¥13 The question is on agreeing to the routes go unserved, because volunteers are 1 Equals less than $1 million. sick, late or noshows. Volunteers must use amendment, as modified. Notes.—Individual calls may not sum to totals because of rounding. their own cars and absorb gasoline costs— Total includes the Commonwealth of Puerto Rico, other territories and So the amendment (No. 172), as modi- even though some cruise the city’s poorest outlying areas, and Indian Tribal Organizations. fied, was agreed to. This table assumes that Congress appropriates the full amount author- streets and are sometimes approached for ized for fiscal year 1996. Mr. GLENN. Mr. President, I move to drugs. Occasionally a route is missed alto- reconsider the vote by which the gether. Mr. KEMPTHORNE. Mr. President, I amendment, as modified, was agreed But for many elderly recipients in Orlando, suggest the absence of a quorum. to. the daily food package is a delicate lifeline. The PRESIDING OFFICER. The Mr. KEMPTHORNE. I move to lay One particular stop is so disturbing that the clerk will call the roll. that motion on the table. aging office tries to forewarn new volun- The bill clerk proceeded to call the teers. A meal deliverer’s knock at the screen roll. I suggest the absence of a quorum. door one day is answered by a slight-framed The PRESIDING OFFICER. The woman creeping on her knees. She reaches Mr. LEVIN. Mr. President, I ask unanimous consent that the order for clerk will call the roll. up, clutches her two meal cartons, and The assistant legislative clerk pro- crawls back inside the apartment. the quorum call be rescinded. A stroke years ago left Marjorie Norris, 84, The PRESIDING OFFICER (Mr. ceeded to call the roll. unable to stand, and moving in and out of INHOFE). Without objection, it is so or- Mr. DOLE. Mr. President, I ask unan- her wheelchair is painful, so she doesn’t use dered. imous consent that the order for the it. Hobbling about on her knees, she can’t AMENDMENT NO. 172, AS MODIFIED quorum call be rescinded. stretch up to the range of her white stove, Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without neglected so long that cobwebs cover the objection, it is so ordered. burners. Asked if she can cook, she quickly unanimous consent that we return to replies, ‘‘Oh, yes. I make my own coffee.’’ the consideration of amendment No. Mr. DOLE. Was leaders’ time re- Orlando estimates that it only reaches 172. I also ask unanimous consent that served? about 25% of the elderly who need meals de- I be able to modify the amendment. The PRESIDING OFFICER. Yes. livered. Says Donna Stiteler, former presi- The PRESIDING OFFICER. Is there dent of Orlando’s elderly agency, ‘‘How the objection? Without objection, it is so f rest are making it, we have no idea.’’ ordered. Mr. LEVIN. I thank the Chair. BASEBALL STRIKE TABLE 3.—EFFECT OF THE PERSONAL RESPONSIBILITY I send a modified amendment to the Mr. DOLE. Mr. President, today is ACT ON USDA FOOD ASSISTANCE PROGRAMS BY STATE desk. day 168 of the baseball strike, a strike IN FISCAL YEAR 1996 The PRESIDING OFFICER. Without that prematurely ended one of the [Dollars in millions] objection, the amendment is modified. most exciting seasons in recent mem- The amendment, as modified, is as ory and prevented World Series play, Level of food assist- Difference follows: for the first time in 90 years. State ance Total Percent On page 38, after line 25, insert the follow- Of course, the real victims of the Current Proposed ing: strike are not the owners or the play- Alabama ...... $818 $713 ¥$105 ¥13 SEC. 205. EFFECTIVE DATE. ers, but the fans—the millions of Amer- Alaska ...... 97 84 13 13 ¥ ¥ This title and the amendments made by icans who have loyally supported their Arizona ...... 663 554 ¥109 ¥16 this title shall take effect 60 days after en- Arkansas ...... 422 403 ¥19 ¥4 home teams, rooted on their favorite California ...... 4,170 4,820 650 16 actment. Colorado ...... 412 417 5 1 players, and filled up the bleachers in Connecticut ...... 297 248 ¥49 ¥17 Mr. LEVIN. Mr. President, this bill ballparks across America. Delaware ...... 92 58 ¥34 ¥37 has a number of titles. In title I, the District of Columbia ...... 137 85 ¥52 ¥38 Like most Americans, I have little Florida ...... 2,194 1,804 ¥389 ¥18 bill has an effective date of January 1, interest in learning about salary caps Georgia ...... 1,209 934 ¥275 ¥23 1996, but title II does not have an effec- Hawaii ...... 215 198 ¥17 ¥8 or baseball media markets. Nor have I Idaho ...... 127 176 49 ¥38 tive date. And that is a problem which kept abreast of the offers and counter- Illinois ...... 1,741 1,483 ¥258 ¥15 has arisen, which is that we have a Indiana ...... 713 691 ¥22 ¥3 offers that have been floated across the Iowa ...... 297 266 ¥31 ¥11 very important title in this bill with Kansas ...... 307 270 ¥37 ¥12 bargaining table, only to end up in the Kentucky ...... 740 582 ¥157 ¥21 not a specific effective date. Title III Louisiana ...... 1,141 765 ¥375 ¥33 has an effective date of 60 days after rejection file. Maine ...... 188 167 ¥21 ¥11 Like most Americans, my interests Maryland ...... 576 404 ¥172 ¥30 enactment. Massachusetts ...... 608 577 ¥32 ¥5 When we discovered this, we had lie elsewhere; not with the economics Michigan ...... 1,390 1,109 ¥281 ¥20 of baseball, but with the game of base- Minnesota ...... 508 490 ¥18 ¥4 some discussions as to what the most Mississippi ...... 730 603 ¥127 ¥17 ball—a game that I grew up with as a Missouri ...... 310 754 ¥56 ¥7 appropriate date would be for title II. Montana ...... 111 140 29 26 We have worked out an agreement, child and as a young man, and a game Nebraska ...... 187 175 ¥12 ¥6 I continue to cherish today. New Hampshire ...... 89 94 5 5 that the effective date for title II will New Jersey ...... 836 704 ¥132 ¥16 be 60 days after enactment of the bill. Of course, the baseball strike is not New Mexico ...... 361 321 ¥40 ¥11 an issue of national security; without Nevada ...... 145 150 5 3 That is what this modified amendment New York ...... 3,101 2,661 ¥440 ¥14 provides. I believe that it will be sup- baseball, our shores will remain safe North Carolina ...... 930 849 ¥81 ¥9 North Dakota ...... 86 76 ¥9 ¥11 ported by both the managers. I yield from foreign invasion. No American Ohio ...... 1,768 1,287 ¥481 ¥27 the floor. lives are at risk. Oklahoma ...... 528 475 ¥53 ¥10 Oregon ...... 410 346 ¥64 ¥16 Mr. KEMPTHORNE. Mr. President, But what is at risk is the integrity of Pennsylvania ...... 1,617 1,465 ¥152 ¥9 one of our great national institutions. Rhode Island ...... 128 101 ¥27 ¥21 the Senator from Michigan is correct. South Carolina ...... 602 546 ¥56 ¥9 We are prepared to accept this amend- Spring training in March. Opening day South Dakota ...... 99 95 ¥4 ¥4 in April. July’s all-star game. The Au- Tennessee ...... 983 743 ¥241 ¥24 ment. We want to thank the Senator Texas ...... 3,819 2,665 ¥1,154 ¥30 from Michigan and also the Senator gust division races. The September Utah ...... 234 277 43 18 Vermont ...... 76 66 ¥10 ¥13 from Oklahoma, Senator NICKLES, for playoffs. And the World Series in Octo- Virginia ...... 783 597 ¥185 ¥24 working this out. ber. When baseball is disrupted, so too Washington ...... 660 444 ¥216 ¥33 West Virginia ...... 405 309 ¥96 ¥24 Mr. GLENN. Mr. President, we are is the rythym of American life. Wisconsin ...... 467 442 ¥25 ¥5 glad to accept on this side. This started Mr. President, I have had the oppor- Wyoming ...... 57 57 (1) 1 out as a contentious issue. They kept tunity to discuss the strike with Bill S 1572 CONGRESSIONAL RECORD — SENATE January 26, 1995 Usery, a former Secretary of Labor and obliged to point out that the last 2 cure the weapons needed to perform the mediator appointed by President years have produced serious shortfalls their mission, nor buy the fuel and Clinton. Mr. Usery has indicated to me in our national defense capabilities, spare parts to train and to operate. that this dispute ought to be resolved and these shortfalls are growing worse. None of the subsequent priorities I will where it started—at the bargaining Today I want to speak briefly about outline can be met without an ade- table. I agree. And that is why today I the state of the forces. I want to out- quate defense budget. am publicly offering the use of my own line the priorities which I feel the 104th Everyone realizes that we are facing office and its conference room as the Congress must emphasize to restore an immense Federal deficit and a ris- forum for the next round of negotia- the combat readiness of the services, ing tide of debt which threaten us as tions. and to revitalize our overall defense surely as any foreign enemy. In this Over the years, many, many legisla- preparedness. budget environment, we must keep tive compromises have been crafted in By now it is no secret that the Armed Government spending down. Con- room S–230 of the Capitol, one of the Forces are experiencing severe defi- sequently, I do not advocate major in- most historic settings in all of Wash- ciencies in combat readiness. Some of creases in defense spending over the ington. Some of the toughest, most these deficiencies were recently con- present level. My proposal is to com- stubborn, legislative knots have been ceded by the Secretary of Defense him- pensate for inflation and to fund de- untangled in these offices. And per- self. Last week the Armed Services fense for fiscal year 1996 at the same haps, just perhaps, some of the com- Committee held a hearing on the con- level in real dollars as in fiscal year promise magic can wear off on the dition of the services, and heard about 1995. This means we must must in- baseball negotiators. We will lock the other shortfalls and problems looming crease the defense budget by approxi- doors, and we will supply plenty of pen- on the horizon. mately $12 billion over the administra- cils and writing pads. We have good For example, we have learned in re- tion’s budget request for fiscal year computer software, and you can count cent weeks that 3 of the Army’s 12 1996. Budget authority for fiscal year on an unlimited supply of black coffee, combat divisions were at the next to 1996 would then be approximately $270 too. lowest level of readiness. Lack of funds billion. Mr. President, I have no doubt that has deprived units of fuel, ammunition, Once adequate funds are provided, the baseball strike could be resolved in and maintenance; and mission training our first priority must be to restore a matter of days—perhaps hours—if has suffered as a result. Marine and unit readiness, revitalize our overall only there was the will to do so. We do Navy aviation squadrons have had to defense capabilities, and guarantee our not need legislation. We do not need cut back flying time for lack of funds. status as the world’s leading military Congress. But what we do need is some Funding shortfalls prevented the Army power—not out of pride and arrogance, good old-fashioned, brass-knuckled from meeting its 1994 requirements for but to ensure that potential aggressors bargaining; bargaining that is real, trained helicopter pilots. Longer-than will not challenge us or our interests. that is tough, that gets the job done. normal deployments are causing hard- The ancient Romans said, ‘‘If you want With that said, let me just add this ship for service members and their peace, be prepared for war.’’ In other cautionary note: If the players and families, causing morale, recruiting, words, preparedness is the best deter- owners are unable to find common and retention to suffer as a result. rence. ground—and find it soon so that the The Clinton administration has con- We must immediately restore funds 1995 baseball season can begin on time ceded that the defense budget is chron- to operations and maintenance ac- in April—then we will have to find ically underfunded. In early December counts, since shortfalls in those ac- some way to empower those who are the President said he would ask for an counts is the main source of today’s the most important element in the additional $25 billion over his planned readiness problems. But we cannot ne- baseball equation: the fans themselves, defense budget requests for the next 6 glect future readiness. Future readi- because no one—player, owner, man- years. However, this increase will be ness includes modernization, which ager, stockholder—has the right to tar- applied primarily to the out years, and means that research, development, and nish what truly belongs to the Amer- is unlikely to reverse the downward procurement accounts must be sup- ican people: the game of baseball, trend in preparedness. ported. We must buy the right weapons America’s pastime. In addition to cutting defense spend- and equipment, and in sufficient quan- Mr. President, I suggest the absence ing too deeply and too rapidly, the ad- tity, so that our forces will be as able of a quorum. ministration has committed the Nation to fight and win in the next decade as The PRESIDING OFFICER. The to expanded peacekeeping and non- they were in the last. We must main- clerk will call the roll. traditional missions. This deeper in- tain adequate stocks of spare parts, The assistant legislative clerk pro- volvement with peace operations has fuel, and munitions. We must retain an ceeded to call the roll. caused many of the shortfalls in train- adequate, safe, and reliable nuclear de- Mr. THURMOND. Mr. President, I ing and maintenance funds. Operations terrent. We must reevaluate our in- ask unanimous consent that the order in Somalia, Rwanda, Haiti, and the creasing involvement in peacekeeping for the quorum call be rescinded. Caribbean have been enormously cost- and nontraditional missions. The PRESIDING OFFICER. Without ly, both in terms of funds, and in stress I am also deeply concerned that cur- objection, it is so ordered. on servicemembers and families be- rent defense spending will not pay for Mr. THURMOND. Mr. President, I cause of the extended deployments. We the force structure in the Bottom-Up ask to speak as if in morning business are now expecting a request from the Review. Yet the Bottom-Up Review for 15 minutes. administration for a $2.6 billion supple- force may not be adequate for the fu- The PRESIDING OFFICER. Without mental appropriation to pay the huge, ture. In the absence of a coherent na- objection, it is so ordered. unexpected bill for these peacekeeping tional security strategy, who can say? f and humanitarian operations. We must We must formulate a sound strategy so not allow our growing involvement in that we can properly match military THE STATE OF THE FORCES such operations, which in my view pro- means, missions, and methods. Mr. THURMOND. Mr. President, vide little or no national security bene- The next priority is the well-being of Tuesday night President Clinton gave fit, to undermine readiness. military personnel and their families. his annual address on the State of the In this session of the 104th Congress, Every American should be grateful to Union. As was expected, he gave his ad- the Senate Armed Services Committee the men and women who wear the uni- ministration a passing grade on its 2- will be working on several priorities. form, and who undergo the sacrifice of year report card. It is not my intention The first, which undergirds every- long separations, and sometimes to challenge that passing grade on thing else, is to make sure that suffi- wounds and death, for the Nation’s in- every issue—the American people made cient funds are available for national terests. We owe service members ade- their views about the administration’s defense. Money is the lifeblood of na- quate compensation. Above all, they performance clear enough in the No- tional defense. Without adequate funds must be able to take care of their fami- vember election. However, I do feel we cannot pay our personnel, nor pro- lies so they can have peace of minds January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1573 when deployed for long periods far for modest but real increases in defense creased costs to other levels of govern- away. Despite the pressure on the spending, and to make sure the state of ment in cases where the legislation budget, I will support reasonable pay the forces is always the highest state would result in over $50 million in addi- raises for military personnel, increased of combat readiness. tional costs. funding for family housing, and other I thank the Chair, and yield the The Nuclear Regulatory Commission, quality of life requirements. floor. however, would have the authority In terms of specific programs, a top Mr. President, I suggest the absence through rulemaking to go ahead and priority will be to reenergize the ballis- of a quorum. impose those requirements even if they tic missile defense effort. Our forces The PRESIDING OFFICER. The exceeded the $50 million amount. and allies abroad face a serious and in- clerk will call the roll. Likewise, it is conceivable that Con- creasing threat from the spread of bal- The legislative clerk proceeded to gress could not act, through legisla- listic missiles, some possibly armed in call the roll. tion, on policies of the Federal Com- the future with weapons of mass de- Mr. BINGAMAN. Mr. President, I ask munications Commission or the Fed- struction. Someday soon the United unanimous consent that the order for eral Energy Regulatory Commission, States homeland could face renewed the quorum call be rescinded. Securities Exchange Commission, or ballistic missile threats from hostile The PRESIDING OFFICER (Mr. any other independent regulatory Third World regimes, or from the re- COVERDELL). Without objection, it is so agency. Again, we would be putting in turn to power of militant Russian ordered. place a procedural roadblock to action hard-liners. AMENDMENT NO. 194 by Congress, where we would not have Though our emphasis must be to cor- Mr. BINGAMAN. Mr. President, I any similar procedural roadblock to rect immediate and near-term readi- would like to call up amendment 194 the same action being taken by the ness problems, we also have to keep a and ask for its immediate consider- independent regulatory agency. sharp eye on the future. Historically ation. Some of my colleagues may think most military disasters have come The PRESIDING OFFICER. The that the chances of this happening are from failure to anticipate. We must amendment is pending. unlikely. I do believe that the chance avoid becoming complacent because we Mr. BINGAMAN. Mr. President, this is real, and there are various examples won the cold war, and because we tri- is an amendment that I believe would I could cite with the Securities Ex- umphed so dramatically in Desert improve Senate bill 1. Let me just alert change Commission, who, on November Storm. We must remain alert and capa- my colleagues that this is something I 17 of last year published a final rule to ble of responding to threats we have have spoken to the managers of the bill deter fraud in municipal securities. not yet envisioned. about, and they are going to consider The published rule indicates that the In the past, war was primarily con- the amendment and decide probably in changed regulations may require some flict between nation-states, the con- the next few hours is there any version municipal security issuers to provide tinuation of politics by other means. of it that would be acceptable. But I additional information and could result But the collapse of the Soviet Union would like to present it now and at in costs to municipalities. The rules, as has unleashed demons kept contained least make the points that I think jus- first proposed, certainly would have in- during the superpower confrontation of tify its adoption. creased costs, although the final rule the last 45 years. Today we are enter- This is an amendment that would im- was changed in an attempt to reduce ing an Age of Chaos. Wars now rage be- prove S. 1 by clarifying that Congress the costs. tween tribal, ethnic, and religious will maintain and retain its present au- In a similar action the Federal En- groups, between the remnants of old thority to consider legislation regard- ergy Regulatory Commission an- empires and new forces of nationalism. ing or administered by independent nounced in December of this last year We must learn to adapt to this Age of regulatory agencies. in the Federal Register a change in pol- Chaos, and be able to prevail in new Mr. President, S. 1, as it now stands, icy that will allow FERC to review in- kinds of conflict which are uncertain does not apply to the actions of these dividual hydropower licenses. Some and ambiguous. We will need new con- independent regulatory agencies. We are, in fact, municipal licenses. Again, cepts of warfighting, new ways of orga- take the definition out of title 44 of the it is not known whether the costs nizing, and new capabilities. Just as United States Code. It is my under- would exceed $50 million. But it is clear the crossbow, the catapult, and the standing, however, that Congress, in that if they did, FERC would have the horse cavalry became obsolete, so in considering matters regarding these authority to make the change, while time the weapons we regard today as agencies or administered by these Congress itself would not be able to, essential may become obsolete. agencies, would, under the legislation absent waiving the point of order that During the cold war, we and our ad- as it now stands, apply the provisions is provided in this legislation. versaries concentrated on perfecting of S. 1; that is, points of order could be Let me make one other point before weapons of mass destruction. Perhaps raised against Congress considering I conclude, Mr. President. The amend- now the time has come to build and legislation in areas where we are not ment that I have called up here and of- perfect weapons of mass protection. imposing any similar obligation on fered to the Senate, amendment No. Missile defense is an important first independent agencies. To me, that is il- 194, still leaves in place the require- step in that direction. logical. It does not make sense for us ment for the various cost estimates, Though new states, new technologies, to do that. still leaves in place the requirement to and new challenges will arise, human I believe that Congress should retain go to CBO and determine what the ex- nature will remain largely the same. to itself at least the same authority pected cost would be of any legislative The same injustices, the same greed, that it is retaining to independent reg- action. And that requirement would be the same lust for conquest that breed ulatory agencies to act in certain of on Congress, even though by the lan- conflict will continue to plague us. We these areas. I am concerned that the guage of the bill itself, it is not on the must not let the dizzy pace of change legislation, as it now stands, puts Con- independent regulatory agencies. in the world obscure the permanence of gress in the position of having less All I am saying is that we should go danger, nor undermine our commit- power than these very agencies that we as far as to require the cost estimates ment to the freedom and security of have established. of ourselves before we act. We should the United States. We must recommit As the bill was reported, for example, not go so far as to provide for the rais- ourselves to the defense safety of the a point of order could prevent us from ing of a point of order against us con- greatest Nation the world has ever legislating policies that enforce safety sidering legislation—against the Sen- known. standards for the disposal of nuclear ate or the Congress considering legisla- I am committed to this great task— waste. That has been discussed by my- tion in these important areas, when the primary responsibility which the self and Senator MURRAY from Wash- the very agencies that are involved are American people have sent us here to ington State in previous amendments. not themselves restricted from doing perform. I ask my colleagues to stand But a point of order could be raised un- by rule or regulation what we might with me when the time comes to vote less we were fully able to fund any in- consider doing by legislation. S 1574 CONGRESSIONAL RECORD — SENATE January 26, 1995 It seems to me to be an eminently got sick and tired of being treated as afford to spend our money on paper- logical amendment. It is one that I mere clerks for the Federal Govern- work. hope we can work out with the man- ment. Mayors are tired of it. Governors Mr. President, we need to be spending agers of the bill, and I urge my col- are tired of it. County commissioners our money in this country on our chil- leagues to support this. I urge the man- are tired of it, as well. dren. Education is just one example of agers to support it either in the form We have been listening now, for days, how the Federal Government is forcing in which it has been offered or in some as Senators have piled example on top Ohio to waste tax dollars. Let me give similar form. of example to demonstrate that un- you another example. Congress passed With that, I yield the floor. funded mandates are, in fact, a bad a highway bill, a highway bill which Mr. KEMPTHORNE. Mr. President, I thing. Frankly, Mr. President, I do not mandated that States had to use scrap have discussed this with the Senator think I need to cover that ground tires in highway pavement. It sounds from New Mexico, and I understand again. It is pretty clear that intrusive good. It would seem to make sense. what he is trying to accomplish. I re- Federal mandates are a costly burden Here is the impact on Ohio: Ohio spect what he is trying to accomplish. on States and local communities. would have to spend $50 million a year I could not agree to the language in the Indeed, we in Ohio have taken the to comply with this mandate. From my amendment in its present form. But as lead in bringing this issue to America’s perspective as a former local county- I have indicated to the Senator from attention. In August 1993, Ohio Gov- elected official, I can say that the loss New Mexico, I am willing to see if ernor George Voinovich and I issued of $50 million is really not the worst there is some way we could reach some this landmark report which has become consequence of that mandate. Mr. agreement, some modification of that an important resource in the debate President, the worst consequence of language that might allow us to sup- over legislation known as Senate bill 1. that mandate is the lost lives in the port this. I cannot give any assurance This study is called ‘‘The Need for a State of Ohio. Because every single dol- that that would be the final result, but New Federalism: Federal Mandates and lar—in this case, $50 million—that is I am very willing to see if we cannot Their Impact on the State of Ohio.’’ spent for this Federal mandate in a resolve this. Another entirely valuable study was nonproductive way is a dollar that I yield the floor. issued by Columbus Mayor Greg could have been spent on straightening Mr. BINGAMAN. Mr. President, I ap- Lashutka in May 1991. It is called ‘‘En- roads, or replacing traffic lights, or preciate that statement by the Senator building new railroad crossings. That is vironmental Legislation: The Increas- from Idaho. I look forward to working $50 million that could be used to make ing Costs of Regulatory Compliance to with him and the Senator from Ohio to our roads safer. the City of Columbus.’’ see if we can come up with language Earlier this month, Governor George Both of these have been a valuable that is acceptable which accomplishes Voinovich said it well. He declared, resource. Mayor Lashutka is now the the result intended. with that $50 million, ‘‘Ohio could first vice president of the National I yield the floor and suggest the ab- repave nearly 700 miles of rural high- League of Cities and the vice chair of sence of a quorum. ways or rehabilitate 137 aging bridges.’’ the Unfunded Mandates Caucus of the The PRESIDING OFFICER. The So, Mr. President, while the issue of U.S. Conference of Mayors. He has been clerk will call the roll. unfunded mandates is certainly a ques- a major resource for the debate we The bill clerk proceeded to call the tion of money, it is primarily an issue roll. have had over the last few weeks. about which level of Government is Mr. President, in the course of com- Mr. DEWINE. Mr. President, I ask best equipped to make decisions about unanimous consent that the order for piling these studies, we discovered the proper use of the finite amount of the quorum call be rescinded. some very sobering things. We discov- taxpayers’ dollars that we have. The PRESIDING OFFICER. Without ered that unfunded Federal mandates This issue is, of course, as old as the objection, it is so ordered. will cost Ohio more than $1.74 billion Republic. In the Federalist era, Alexan- Mr. DEWINE. Mr. President, I rise between 1992 and 1995. We discovered der Hamilton actually recommended today to offer my strong support for something even worse. We found that that the Federal Government assume Senate bill 1, the Unfunded Mandate the Federal mandates were robbing the debts of the States that financed Reform Act of 1995. communities of the money and the the American Revolution. Let me first begin by congratulating flexibility that they need to cope with Now today we are talking about the the floor managers of the bill. They local problems. Every dollar, every dol- opposite idea. We are debating whether have done great work, Senator lar in local spending that is controlled the States should assume the respon- KEMPTHORNE and my distinguished col- by a Federal mandate, is a dollar taken sibilities that were undertaken earlier league from Ohio, Senator GLENN. They away from some genuine community in this century by the Federal Govern- have led the fight for this legislation need and concern. ment. not just in this Congress but in the pre- Let me give you an example. In Rich- So it is far from a new issue. The era vious Congress, as well. When the final land County, OH, $3 out of every $4 in we live in really began in the 1930’s. vote for passage occurs, which it will, the county budget represents mandated With the beginning of the New Deal they will deserve a great deal of the cost; 75 percent of the budget is already and Franklin Roosevelt, the 1930’s saw credit for the fine work they have done spent before the county commissioners the beginning of a steady shift of power for sending this bill on to the Presi- meet every year for the first time. from the States to the Federal Govern- dent. That leaves one quarter of the county ment. It is appropriate, I think, Mr. Presi- budget to pay for services actually de- But, Mr. President, while the Federal dent, that this should be the first cided on by the local elected officials Government’s power has grown stead- major item of business before the Sen- in Richland County. Visit county after ily, its performance has really not kept ate. Two years ago, talk about un- county or city after city or town after pace. In fact, the American people are funded mandates made people’s eyes town, as I did last year. We all hear the in general agreement that the Federal glaze over. Really, as late as last year, same story. That is what unfunded Government’s performance has actu- there were at least 166 bills in the Sen- mandates do to communities all over ally declined. ate that would have increased and im- America. They take decisionmaking Remember what happened in last posed new mandates on State and local away from those closest to the people year’s health debate in this country. governments. Now, in this Congress, and give it to the Federal Government. President Clinton’s health reform bill this legislation to slow the unfunded An example: The Federal Govern- did not fail because the American peo- mandates is Senate bill 1. ment gives Ohio schools only about 7 ple thought there were no problems What happened? What happened was percent of those local schools’ total op- connected with our health care system. that local elected officials throughout erating budget. Yet, that same Federal No, rather it failed because the Amer- this country, the hard-working men Government imposes over 50 percent of ican people believed that the Clinton and women who are closest to the real the paperwork that that local school bill would mean more Federal Govern- problems of their communities, finally has to comply with. In Ohio, we cannot ment involvement in the health care January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1575 decisions of America’s families. Ameri- force with his membership in the U.S. straints: 1 hour equally divided be- cans just did not trust the Federal Senate. tween Senator KEMPTHORNE, or his des- Government to do a better job in this Mr. President, I ask unanimous con- ignee, and Senator HARKIN. area. sent—— I further ask unanimous consent that I have always believed, on a philo- Mr. GLENN. Will the Senator hold? following the conclusion or yielding sophical basis, that local Government Mr. KEMPTHORNE. Yes, I hold. back of time, the Senate proceed to is best equipped to make decisions The PRESIDING OFFICER. The vote immediately on, or in relation to, about local problems. And now, after 18 Chair recognizes the Senator from the Kempthorne amendment. years of involvement in public life, my Ohio. I further ask unanimous consent that concrete experience with the different Mr. GLENN. Mr. President, I cer- immediately following the disposition levels of Government—State, local, tainly wish to acknowledge what my of the Kempthorne amendment, Sen- Federal—has made me even more cer- distinguished colleague from Ohio has ator HARKIN be recognized to offer a tain that the best problem solvers are said. I know of the work that he did in second-degree amendment, which is those closest to the people. Ohio, along with Governor Voinovich. similar to the text of amendment No. I believe that the American people Governor Voinovich and I have had 190, as offered, and it be considered share this belief in local decisionmak- many conversations with regard to un- under the following time restraints: 1 ing. The passage of S. 1 will begin a funded mandates. He has led a lot of hour to be equally divided in the usual long process of transforming this deep- the effort on behalf of the Governors to form. get an unfunded mandates bill passed. ly held conviction into legal reality. I further ask unanimous consent that We had bill S. 993 last year that we Let me stress, Mr. President, and I following the conclusion or yielding kept the Governors advised on, as well say to Members of the Senate, that back of time, the Senate proceed to as the other members of the big seven, this is just a beginning. By itself, the vote immediately on, or in relation to, those organizations that represent offi- passage of S. 1 will not create a new the Harkin amendment. cials at all levels of government out- balance of power between the States Finally, I ask unanimous consent side the Federal Government. and the Federal Government. It will that no other amendments be in order He also mentioned Mayor Lashutka not abolish Federal mandates. But I be- to amendment No. 190, and that follow- who did a study in Columbus as to the ing the conclusion of the Harkin sec- lieve that it will do something even impact on the Columbus budget. It was ond-degree amendment, the Harkin more valuable. It will begin an intel- landmark in that I do not think any amendment No. 190, as amended, if ligent national debate on how our Gov- other city had gone into it to the ex- amended, be agreed to and the motion ernment should work. tent that Mayor Lashutka did. to reconsider be laid upon the table. I believe that in this Congress, we If I can recall the figures correctly The PRESIDING OFFICER. Is there have a truly historic opportunity. We with regard to the Federal mandates objection? can divide responsibilities of govern- they have to comply with, just in the Mr. GLENN. Reserving the right to ment in a rational and systematic way environmental area between 1991 and object. by paying attention to the nature of the year 2000, Columbus will have to The PRESIDING OFFICER. The Sen- the problems we need to address and expend approximately $1.6 billion—one ator from Ohio. the respective abilities of the various city—over a 10-year period. That is an Mr. GLENN. Reserving the right to levels of government. enormous amount of money, and that object, and I do not plan to, but I just Mr. President, this is really not an does not include all of the Federal want to clarify this, that this would in ideological question. It is rather a mandates. no way curtail statements by anyone more practical question: What works? Multiply that by all the cities of who wished to speak on Senator BYRD’s For too long we have been trapped in a similar size around the country—I amendment. I know Senator LEVIN mindset that tells us every problem think Columbus is ranked 16th in size wished to have 10 minutes or so on Sen- should have a Federal solution. Well, it nationally—and it means some of the ator BYRD’s amendment. I might wish is true, some problems should have a mandates that have gone up over the to speak on it also. It is a very, very Federal solution. At some point, we past 10 or 12 years—have left cities lit- important amendment. Probably the will decide, I am sure, that a particular erally financially strapped. They can- most single important amendment we mandate is, in fact, in the national in- not keep up with the mandates that have been able to work out here. It terest of this country. But these are are being imposed upon them. does solve a very major problem. I may decisions that we have to make with At the same time, we had what was want to address that also. our eyes wide open. They have to be called the new federalism that, in ef- I hope nothing in this is to be con- made rationally, systematically, and fect, cut back on some of the commu- strued as limiting any comments on not simply by the force of inertia. nity development block grants, and Senator BYRD’s amendment. It is only Mr. President, last year the Amer- other things that were helping the after all that has been completed and ican people voted for a less expensive, States. So we cut back on some of the accepted that we would move on to this less intrusive and more responsive Fed- means that the States were using to unanimous-consent request; is that the eral Government. If we succeed in re- accomplish some of these mandates. understanding? vamping the Federal system along the We have multiple studies. I have en- The PRESIDING OFFICER. The lines that I have discussed, we will be tered those in the RECORD. We talked agreement is after Senator BYRD con- well on the way toward achieving the about them on the floor. I congratulate cludes his remarks, we would move on goals set by the voters of this country my colleague for his bringing these to to this amendment. in the last election. our attention and for his support of Mr. GLENN. It says upon the disposi- I yield back the remainder of my this legislation. We look forward to tion of Senator BYRD’s statement, that time. getting legislation through, and we would mean we could comment on it Mr. KEMPTHORNE addressed the want to complete the amendment proc- before there was a final vote on his Chair. ess as fast as we possibly can. I yield amendment; is that correct? The PRESIDING OFFICER. The the floor. Mr. KEMPTHORNE. Mr. President, I Chair recognizes the Senator from The PRESIDING OFFICER. The Sen- modify the unanimous-consent agree- Idaho. ator from Idaho. ment so that it is with regard to the Mr. KEMPTHORNE. Mr. President, I UNANIMOUS-CONSENT AGREEMENT Byrd amendment, so that we can have would like to compliment the Senator Mr. KEMPTHORNE. Mr. President, I final disposition of the Byrd amend- from Ohio for his thoughtful delivery, ask unanimous consent that upon dis- ment. for his strong support of S. 1, and for position of the statement by Senator The PRESIDING OFFICER. Is there his strong support on behalf of State BYRD, that the Senate resume consid- objection? Without objection, it is so and local governments and the private eration of the KEMPTHORNE second-de- ordered. sector, just to say how much we realize gree amendment No. 196 and it be con- Mr. KEMPTHORNE. Mr. President, I that he will be an effective and positive sidered under the following time re- yield the floor. S 1576 CONGRESSIONAL RECORD — SENATE January 26, 1995 Mr. President, I suggest the absence ting the private sector at a disadvan- ing the language of the bill, permit me of a quorum. tage versus its ability to compete with to summarize it by saying that this The PRESIDING OFFICER. The the public sector? Are we doing that? second point of order will exist against clerk will call the roll. Are we sure that the States can take any bill, joint resolution, amendment, The bill clerk proceeded to call the up the slack that a withdrawal of the motion, or conference report unless roll. Federal contribution will mean in they ‘‘pay for’’ any mandates which Mr. BYRD. Mr. President, I ask unan- some areas? Are we sure that we are equal or exceed $50 million for any fis- imous consent that the order for the not setting up the American people for cal year. There are three methods pro- quorum call be rescinded. reduced services and massive tax in- vided in the bill to pay for such man- The PRESIDING OFFICER. Without creases at the State level with the pas- dates. First, these new mandates may objection, it is so ordered. sage of this legislation? Nothing pains be paid for by an increase in direct AMENDMENT NO. 213 so much as painful, unintended con- spending. Implicitly, under the pay-go The PRESIDING OFFICER. Under sequences. And here I am talking about provisions of the Budget Act, any com- the previous order, the question occurs unintended legislative consequences. mittees which choose this method of They are mighty hard to correct, on amendment No. 213, offered by the paying for mandates will have to mighty hard to correct. Senator from West Virginia. charge the costs of them against their Take for example the portion of S. 1 Mr. BYRD. Mr. President, on pre- allocations under each year’s budget vious occasions I have risen to speak which relates to the authorization of appropriations as one of three ways to resolution. on this bill. I believe that it is a very The second method which may be important measure which can have far- pay for future Federal mandates. used to pay for new mandates would be reaching effects on the Federal budget Pages 21 through 24 of the bill set to raise receipts sufficiently to offset and, if not carefully considered, S. 1 forth two new points of order under the costs of reimbursing state and local could have unintended and harmful re- this legislation. The first states that it governments for any new Federal man- sults. shall not be in order in the Senate to I do not think any of us really know consider: dates. In other words, increase taxes. Somehow, I do not believe this method what the effects ultimately will be— (A) any bill or joint resolution that is re- what the results will be. The best we ported by a committee unless a committee will be employed very often. can do is just do the best we can and has published a statement of the Director on The third and final method which try to work out as good a product as the direct costs of Federal mandates in ac- may be used to pay for future man- cordance with subsection (a)(6) before such dates will be to authorize appropria- possible here, crafting with all of our consideration; painstaking care and hope that it will tions and I will now quote directly be beneficial to the country and that it If we examine what this means, Mr. from the bill: I begin on line 24 of page will fulfill the hopes and aspirations President, I think we will find that any 22. that we have, as we work on it and vote bill or resolution must have a state- . . . any bill, joint resolution, or amendment from the Director of the Congres- for it. Not all of us will vote for it. I ment proposed in the conference report in- sional Budget Office estimating the di- may vote for it. I have not finally de- cludes authorization for appropriations in an rect costs of Federal mandates as fol- amount equal to the estimated direct costs cided. I may not vote for it. lows—and I am now again quoting di- of such mandate, and one . .. For example, will the enactment of rectly from the bill, beginning on page (I) identifies a specific dollar amount esti- S. 1 result in certain situations where 18, line 2: mate of the full direct costs of the mandate States and localities will receive reim- for each year or other period during which . . . the Director of the Congressional bursement for the net costs to them of the mandate shall be in effect under the bill, Budget Office shall prepare and submit to joint resolution, amendment, motion or con- Federal mandates, but where the pri- the committee a statement as follows: ference report, and such estimate is consist- vate sector will receive no such reim- (i) If the Director estimates that the direct ent with the estimate determined under bursement, even though the private cost of all Federal intergovernmental man- paragraph (3) for each fiscal year; sector also has to meet the same mandates in the bill or joint resolution will equal (II) identifies any appropriation bill that is date? or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any expected to provide for Federal funding of Let us take, for example, minimum the direct cost referred to under subclause wage. There have been discussions of Federal intergovernmental mandate in the bill or joint resolution (or in any necessary (IV)(aa); minimum wage recently. If an increase implementing regulation) would first be ef- (III) identifies the minimum amount that in the minimum wage is enacted at fective or in any of the 4 fiscal years follow- must be appropriated in each appropriations some point in time, it will apply equal- ing such fiscal year, the Director shall so bill referred to in subclause (II), in order to ly to the private sector and to the state, specify the estimate, and briefly ex- provide for full Federal funding of the direct State and local governments. This bill plain the basis of the estimate. costs referred to in subclause (I); and would require that we reimburse the (IV)(aa) designates a responsible Federal These requirements raise at least two agency and establishes criteria and proce- State and local governments for their questions which I think bear scrutiny dures under which such agency shall imple- costs relative to an increase in the by the Senate. First, the language I ment less costly programmatic and financial minimum wage, as I understand it. have read directly from the bill makes responsibilities of State, local, and tribal Yet, as of now, it is my understanding it out of order in the Senate to con- governments in meeting the objectives of the the private sector would receive no sider any bill or joint resolution unless mandate, to the extent that an appropriation such reimbursement. the aforementioned statement of the Act does not provide for the estimated direct Moreover, if the enactment of an in- CBO Director has been published by the costs of such mandate as set forth under crease in the minimum wage can be committee. subclause (III); or considered simply as an unfunded Fed- As I read the bill, there is no require- (bb) designates a responsible Federal agency and establishes criteria and procedures to eral mandate, have we not lost some- ment for any statement by the Direc- direct that, if an appropriation Act does not thing which has been a mainstay of tor of CBO relating to floor amend- provide for the estimated direct costs of such this country’s ideology and tradition ments. How then are we to determine mandate as set forth under subclause (III), since 1938? We are not discussing an the costs of floor amendments? There such agency shall declare such mandate to amendment that has anything to do, will be floor amendments. be ineffective as of October 1 of the fiscal directly, with the minimum wage. But Secondly, it should be noted that year for which the appropriation is not at I just want to develop my thinking CBO, under the language in the bill least equal to the direct costs of the man- along these lines. that I have read is required to provide date. Fair wages for even the most un- estimates for only 5 years, even if the Here again, these provisions raise a skilled in our society are, I believe, a mandates in question are to last for 10 number of questions. First of all, Sen- basic American value. 15, or 50 years. ators will recall that under the bill, I worry that we are not fully consid- Now let us turn to the second point CBO will have to provide estimates for ering the ramifications of this piece of of order created in the bill, which be- new or increased mandates in excess of legislation on the health, safety, and gins on line 24 of page 21 and runs $50 million for any year which are con- opportunity of our people. Are we put- through page 24 line 21. Without read- tained in any bill or joint resolution. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1577 Yet, we now find that unless we pay for be in effect. That could be 10 years; it mated outlays. This chart is entitled, them by one of the three methods I could be 20; it could be 50; it could be ‘‘Differences Between Actual Budget have stated, we will face points of more. And remember, the Congres- Totals and First Budget Resolution Es- order against amendments, motions, sional Budget Office is not required to timates for Fiscal Years 1980 Through and conference reports as well as bills provide any estimate beyond 5 years 1993,’’ in billions of dollars. And in each and joint resolutions. Who is to deter- and, even then, they are only required instance here, the source of the infor- mine what the cost of an amendment’s to make estimates on bills and joint mation is the Congressional Budget Of- mandate is, if not the CBO? The bill is resolutions, not on floor amendments, fice. silent in this regard. or motions, or conference reports. Let us take a look at this chart that As Alexander Pope said, ‘‘Who de- Let me just take a few minutes to re- stands to my left. It deals with out- cides when doctors disagree?’’ So who mind my colleagues of how wildly mis- lays. The viewers will note that in 1980, is to determine what the cost of an taken even the best estimates can be. the estimated outlays, estimated ex- amendment’s mandate is, if not the The estimates of outlays and receipts penditures, the estimated outgo of CBO? The bill is silent in this regard. of Federal expenditures have been off funds, the expenditures, were greater Are we going to have Senators locked by billions of dollars in the past. than the estimates by $47.6 billion. The in endless combat over what various The chart to my left is titled ‘‘Dif- red bars on the chart so indicate that amendments have done to the cost of a ferences Between Actual Budget Totals the expenditures exceeded the esti- conference report? Are we going to ask and First Budget Resolution Estimates mates in the given years represented. the Nation to wait endlessly while we for Fiscal Years 1980 Through 1993.’’ In only 4 years did the actual expendi- compute and recompute the costs of a These are the latest figures. I am tures come in lower than the esti- bill which has been substantially told we do not have the figures for 1994 mates. In one of those years, as the changed by the impact of an amend- as of yet. But if we look at the chart, chart will indicate, the estimates were ment adopted with no estimate of its we will see the word ‘‘revenues.’’ We $85 billion off; that was the year of cost? Talk about grid-lock! Or, better. will see a horizontal line. I like to 1990. And in 1993, the estimate was $91.9 Rail against Byrd-lock! The ambigu- think of that as meaning the estimate billion off. ities in this legislation will make grid- of revenues for each of the years The next chart to my left is entitled, lock or Byrd-lock look like a fast track shown. If there is no bar above or below ‘‘Differences Between Actual Budget by comparison. the line, then we hit the estimate right Totals and First Budget Resolution Es- Perhaps every Senator ought to go on the head for that year. timates for Fiscal Years 1980 Through out and hire his own budget analyst— Senators will note that the nail was 1993,’’ in billions of dollars. This chart that is if nobody makes the usual move never hit on the head in any of those represents the deficit in each year. The to cut legislative branch appropria- years. Take, for example, 1980. In that deficit is represented in all these years tions. year, the revenues, the incoming reve- by how far under the estimates the rev- Now get that. We can usually expect nue, exceeded the estimates. So we did enue, actual revenues are, and how far around here an amendment or amend- very well that year by $11.1 billion. We over the estimates the actual outlays ments cutting legislative branch ap- can say, hooray, we came in with more or expenditures are. propriations. So we cut and cut and cut money in the pot than we estimated, So, in 1980, we see that the actual until it has been cut to the marrow of more than we thought we would re- deficit was $36.5 billion over the esti- the bone—not just down to the bone, ceive. mate. In 1981, the deficit was $58.3 bil- but to the marrow. But the very next year, 1981, the rev- lion above the estimated deficit. In So every Senator probably ought to enues received were $11.3 billion under 1982, the actual deficit was $73 billion go out and hire his own budget analyst, the estimates. For the following year, more than had been the estimate. In if he can afford it—that is if nobody 1982, the revenues were $40 billion 1983, it was $91.4 billion. makes the usual move to cut legisla- under the estimates. The subsequent There was one year which the deficit tive branch appropriations so that we year was 1983, and in that year the rev- missed the estimate only by $3.7 billion cannot afford such an analyst. enues failed by $65 billion to meet the and we were in the red that year, in the Incidentally, if the usual move is estimated revenues. And so it is on red to the tune of $3.7 billion. made and CBO’s budget is thereby cut, across the board. But if we look at the year 1990 on the this bill in and of itself will constitute One year in which the estimates of chart, the viewers will note that we an unfunded mandate because CBO will revenues and actual revenues received came in with $119 billion, with a higher have to cut staff and would be even were almost on point—almost hit the deficit than was estimated. And the av- more hard pressed to spit out these es- nail on the head but missed it by $1.7 erage for the period of 1980 through 1993 timates. billion—was 1981, in which year the was $34 billion a year higher than the A second question raised by the bill revenues exceeded the estimates by $1.7 deficit—a $34 billion higher deficit each language is what costs we are referring billion. But the next year it went out year on the average than had been esti- to. On page 23 alone we find the follow- of whack again. The revenues amount- mated. ing terms having to do with costs: ed to $23.8 billion less than the esti- So what we see here is what really Page 23, lines 2 and 3: ‘‘estimated di- mated receipts for that year. happens. The estimates never are right. rect costs of such mandate’’; And so across this chart, which rep- They are off one way or the other in Page 23, lines 5 and 6: ‘‘full direct resents the years 1980 through 1993, the case of outlays, in the case of re- costs of the mandate’’; there were only 3 years—1980, 1987, and ceipts, and in the case of the deficit. Page 23, line 16: ‘‘direct cost referred 1989—when the actual revenues ex- So despite the very best efforts of the to under subclause (IV)(aa)’’; and ceeded the estimated revenues. But in very best analysts, fluctuations in the Page 23, lines 18–21: ‘‘minimum the remaining years—1981, 1982, 1983, economy, a recession, changes in inter- amount that must be appropriated in 1984, 1985, 1986, 1988, 1990, 1991, 1992, est rates, even changes in the inter- each appropriation bill referred to in 1993—the revenues were less than the national situation, our trade balance, subclause (II).’’ estimates by the amounts shown. In and so forth, can cause extreme fluc- Mr. President, with all of these 1983, $65 billion. In 1992, $77.5 billion. tuations in the estimates. How in the terms, it will be difficult, if not impos- The average difference across the pe- world, then, can we ask for estimates sible, to know what it is that has to be riod was $24.7 billion. So we failed to in connection with this bill that are 10 done with regard to points of order. hit the nail on the head by an average years out, 20 years out, with any con- Third, the language I have read relat- of $24.7 billion. That is $24.70 for every fidence at all in the product? ing to appropriations requires each new minute since Jesus Christ was born. The charts have reference to esti- bill, joint resolution, amendment, mo- Now let us take a look at outlays. We mates that were made. CBO made esti- tion, or conference report to identify will find the same pattern. The estimates and every estimate was off. the minimum amount that must be ap- mates are off. In no year do we hit the So here we will be, under the terms propriated in each appropriation bill nail on the head. Again, the horizontal of S. 1, expected to appropriate the for every year that any mandate would line on the chart represents the esti- minimum amounts—I am talking S 1578 CONGRESSIONAL RECORD — SENATE January 26, 1995 about we appropriators, we who are on provide for the estimated direct costs ommendations under expedited proce- the Appropriations Committee, and of such mandate. dures. then the full Senate—we will be ex- Mr. President, in my remarks on I generally do not favor expedited pected to appropriate the minimum Wednesday, January 18, a week ago procedures but I can see here in this in- amounts required to fully fund the di- this past Wednesday, I expressed my stance the necessity for expedited pro- rect cost of all covered mandates, concern to the Senate about the dele- cedures. I might add that my amend- based on ‘‘the estimated direct costs’’ gation of legislative authority to the ment does not set up any particular set of the mandates for every year for the executive branch. of expedited procedures. Instead, it re- life of the mandates, which may be 5 Mr. President, I am not saying here quires that each future bill containing years, 10, 15, 20, 50. today that this provision in this bill is covered mandates set up the procedure. I say impossible. I say improbable. I unconstitutional. The legislative If I vote to roll back a popular Fed- say it is ridiculous to expect it to be branch can delegate certain authority eral mandate because I do not believe done. from time to time if adequate and ap- it should be funded, and that vote up- Let us follow this process. First, we propriate criteria and standards are es- sets the people in my home State of bring a new mandates bill to the floor tablished whereby the delegatee can West Virginia, then they can go to the which will run for 30 years, let us say. make fair and correct judgments. But I polls and vote against me. They can Yet, in order to avoid a point of order, am saying that we may be opening the write to me in the meantime. They can the bill needs only to have a 5-year door to a constitutional problem here. pick up the telephone and raise their CBO estimate. Now, on the floor, there That is for the courts to say ulti- objections to my vote or give me their are amendments which may add to the mately, but we have a responsibility advice, let me know how they feel. cost of the mandate. Who is to make also, as we act on legislation, to try to They can tell ROBERT BYRD that they the estimate of the cost of the floor avoid constitutional problems and to are not happy with his performance. I amendment? Even if the Budget Com- act accordingly. will be held accountable. But how does mittee attempts to get CBO’s estimate, So my amendment would close that anyone with a complaint vote against what if CBO says they just cannot door that is in the bill. My amendment some civil servant—and we have to come up with an estimate on such will strike the provisions of the bill have them, I do not disparage civil servants—how can anyone in West Vir- short notice? What happens? Is the bill that would delegate this power to the Executive Branch and replace them ginia or Iowa or Michigan pick up a pulled down, put back on the calendar? with a requirement that, for any fiscal telephone and complain to some civil Do we wait, then, for CBO’s estimate of year for which a responsible Federal servant in the Environmental Protec- all floor amendments? Do we simply ig- agency determines that insufficient ap- tion Agency or the Transportation De- nore the problem? Do we waive the propriations are available to fully fund partment, or the Securities and Ex- point of order? That can be done by a any mandate, that agency shall so no- change Commission? They cannot do majority. It would not be difficult to tify the appropriate authorizing com- it. The American people cannot hold waive the point of order. If so, will this mittees of Congress within 30 days of those unelected, invisible, unknown, not encourage Senators to defer the of- the beginning of the fiscal year. In its officials responsible even if they knew fering of amendments to create new report to said committees, the agency who they were. Even if they knew the mandates until action on the floor shall set forth its legislative rec- identity of the civil servant, how could takes place, rather than offer such ommendations for either implementing they hold that civil servant respon- amendments in committees? Will it a less costly mandate or suspending sible? not be an invitation to Senators to the mandate for the fiscal year. Well, is that how we intend to re- hold off with their amendments until My amendment provides, in addition, spond to the American people? Is that they reach the floor because then it that in instances where an agency finds how we shoulder our responsibilities as might not be possible for the CBO to that it can fully carry out a mandate elected representatives of the people? come up with estimates in time? with less funding than was authorized Are we not simply setting up a fall guy Then, there is the question of reli- for any fiscal year, the agency will be in the person of some agency bureau- ability of the estimates which will be able to provide a statement to that ef- crat so that we do not have to take the required. And as I have pointed out, fect to the Congress. If we agree by blame for pulling the plug from some the bill will require minimum amounts joint resolution, the agency statement necessary and popular Federal man- to be appropriated for all future years will become effective. date? If that is the consequence of this that covered mandates will be in effect, Finally, for instances where a new legislation, whether intended or unin- even if the period is 10, 20, or 30 years. mandate which has not been in effect is tended, I submit that that result is an How can we expect those estimates to underfunded, the amendment provides unworthy one. We need to shoulder our be anywhere close to accurate? It is that it shall not go into effect until own responsibilities and belly up to the difficult enough for CBO and OMB to Congress enacts a law to resolve the bar. provide accurate estimates of Federal funding shortfall. Accountability is a basic linchpin of spending for 5 years, much less 10 or 20 Also, under my amendment, all legis- our representative democracy. Not our years. Furthermore, the estimates lation establishing future covered man- democracy. We do not have democracy. called for in S. 1 will require CBO and/ dates shall provide expedited proce- Ours is a representative democracy, a or other estimators to calculate such dures. I am not suggesting a way here republic. But accountability is a basic long-term costs for some 87,000 state that will hamstring the effort. This is linchpin of our system, and we ought and local governments—for every year a good-faith try at making it work, and not muddy the waters so that the peo- that such mandates will be in effect, no it leaves the responsibility of making ple who put us here cannot tell who is matter how long that period is. Clear- it work in the legislative branch, not making these decisions which so im- ly, Mr. President, these estimates will downtown in an executive agency. pact upon the people’s health, safety, not be worth the paper they are writ- In other words, my amendment, rath- and livelihoods. ten on. er than delegating to the executive I urge Senators to support my Yet, under the bill’s provisions, if branch the authority to either cut amendment. It keeps the Congress’ leg- any future appropriation bill fails to back or eliminate statutory mandates, islative powers intact instead of plac- provide the minimum amount set forth Congress will retain that authority in ing them in the hands of unelected bu- for any year that a mandate is in ef- Congress. Within 30 days we will re- reaucrats. I yield the floor. fect, then the bill would turn over to ceive a responsible agency’s rec- Mr. KEMPTHORNE. Mr. President, I the Federal agency responsible for car- ommendation as to whether a less cost- want to compliment the Senator from rying out the mandate the power to ei- ly mandate or no mandate should go West Virginia [Mr. BYRD], for his ther (1) implement a less costly man- into effect for any year that insuffi- amendment. date, or (2) to declare such mandate to cient appropriations are available to I thought how best to describe his be ineffective for any fiscal year for fully carry out any mandate. We will amendment, and I think it is best de- which an appropriation act does not then have 30 days to act on such rec- scribed as a perfecting amendment. We January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1579 have just heard Senator BYRD and his This is just one more example of why ested in exhaust gas emissions in Los description of this amendment. But the so many Members respect the Senator Angeles. The Agency would be deciding principal concept that it contains is from West Virginia. I know on our side where that partial funding went, unless that it leaves with Congress the re- of the aisle that we are willing to ac- we had this amendment which corrects sponsibility for deciding whether to cept this amendment. I yield the floor. that and very properly says, ‘‘OK, you impose unfunded mandates on States, Mr. GLENN. Mr. President, let me people are experts, but you are not the cities, schools. associate myself with the remarks of final judge on what goes on; the Con- Before we go into further discussion my distinguished colleague from Idaho. gress is, the Senate is.’’ on this amendment, I want to make It is questionable, in many respects, In the event that a situation like this sure that Senators know that last whether or not this legislation would occurs, what we can say now is, ‘‘You night the Senate adopted an amend- have been workable without this people over in the agencies can work ment by Senator MCCAIN that says if amendment. I think it is that impor- this out and make a recommendation, the Appropriations Committee includes tant. and you have 30 days to bring your rec- a mandate in an appropriations bill, I think the whole concept of un- ommendation back to Congress.’’ In that appropriations bill will be subject funded mandates is to make the Fed- any event, the recommendation must to the same process that S. 1 provides eral Government work, and work right. come back here for final approval, and for all of the bills. If there is a challenge, and that chal- it will be up to the will of the Congress The Byrd amendment perfects a prin- lenge is delegated to an agency, the to make the final decision on these ciple that we sought to achieve in Sen- duty assigned to that agency is a man- matters. ate bill 1, greater congressional ac- date. However, often times the Govern- I think this is an excellent amend- countability, the mandates imposed on ment finds that it cannot provide all ment, and I want to congratulate the the money for the mandate that has State and local governments. I have Senator from West Virginia, again, for been imposed, and that will happen. learned a lot about the Senate rules working this problem out. I am very Under the legislation as it was intro- just in the 2 weeks that I have been the happy that my colleague from Idaho duced, it would have been up to an floor manager on Senate bill 1, and sees fit to accept this on the other side agency to associate with the State, of the aisle, and on our side we are very many of these lessons came from the city, or entity to which the mandate Senator from West Virginia. happy to accept it. I do not know if the applied, and the agreement that was Senator wants a rollcall vote on this. It is with the utmost respect that I reached by the agency would have gone say that. I know that in the context of We are happy to accept it on our side if into effect. The agency would have had he does not want a rollcall vote. Senate rules a perfecting amendment the force of law. In other words, we Mr. BYRD addressed the Chair. means a minor modification. In this were delegating to an agency the right The PRESIDING OFFICER. The Sen- context, I use the term ‘‘perfecting’’ in to enforce what would normally be en- ator from West Virginia. the sense that it does make the bill forced by Congress and telling them, Mr. BYRD. Mr. President, I thank better. I have consulted this morning ‘‘You work it out.’’ the Senator. I thank the two managers with mayors, with Governors, with That may sound rather innocuous, for their comments. county commissioners, throughout the and why are we getting so excited First, with reference to the com- United States and they agree with my about this? Well, we have a $50 million ments by the distinguished Senator assessment. threshold. Fifty million dollars is not from Idaho, I have to say, and I am If I may, I would like to briefly ex- going to bankrupt the United States, plain the heart of the Byrd amend- but remember, we may be dealing with proud to say, that the new Senator ment. Senate bill 1 approached the laws that involve environmental con- from Idaho has greatly impressed me issue by having committees include in cerns—clean water, clean air—and by his approach to the management of their mandate bills, procedures that some of these things can range into a bill. He has been very civil, very re- agencies should follow in sunsetting or hundreds of billions of dollars, particu- spectful of everyone’s views and wish- scaling back mandates if sufficient larly if taken over a 5-year period or es. He has listened. He has been the funds are not appropriated. If authoriz- 10-year period. very model of patience and fortitude. ing committees choose to fund a man- Let us say there is a 10-percent fund- He has demonstrated a great skill in date with an appropriation the bill con- ing provided. That would give you one managing the bill. He has worked on taining that mandate must contain set of options if you were an agency this bill for a long time, I am sure. provisions for making the mandate in- trying to work this out. Let us say 40 Tennyson said: effective. percent, 60 percent, 90 percent is what I am a part of all that I have met. . . The Byrd amendment perfects this the appropriators are able to fund. We And I am proud to think of approach by directing committees to would have said with this bill, perhaps Tennyson’s words as I contemplate include in their bills procedures for something is going to be an impact, a working together with Senator agencies to report back to Congress if mandate impact over maybe a 5- or 10- KEMPTHORNE in the days to come. I there are insufficient or no funds to year period, it might be $300 or $400 bil- have had experience working with him pay for mandate costs. Further, the lion, potentially. in recent days. He can reflect with legislation must also provide for mak- That is not out of the range of things great pride on his work here on this ing the mandate ineffective if Congress that could happen. We have an esti- legislation, and I may or may not vote and the President do not enact subse- mate over a 20-year period of $300 bil- with him. I may or may not, I do not quent legislation proving or modifying lion just to clean up the nuclear waste know yet. But there is something that the unfunded mandates. This makes problem. We have not even dealt with supersedes and transcends things of sense to me. It also makes sense to rep- that yet. So we are talking not just that nature, and that is the respect we resentatives of the Nation’s mayors, about $50 million. We are talking about have for one another here. And I must Governors, county commissioners, programs that would be mandated to say that I have great respect for Sen- school board administators as based on the States or local communities that ator KEMPTHORNE, of Idaho. my consultation with them this morn- might range into the tens of billions of I, of course, have equal respect for ing. dollars, and then we have a few people Senator GLENN, of Ohio. We have So I want to compliment Senator at an agency or Department whose job known each other for a long time. BYRD for his studious approach of this is to say, ‘‘Well, how are we going to I was thinking the other night, he legislation, and for this amendment distribute this 10- or 20-percent alloca- was the first American to orbit the which I think enhances significantly tion of money we got?’’ Earth. It took Lindbergh 33 hours to Senate bill 1, and also enhances some- Some of them might be more inter- fly from this country to Paris in 1927. thing that I believe strongly in as well, ested in one part of the Clean Air Act, He ate one and a half of his five sand- and that is that Congress must retain while others may be interested in the wiches as he crossed the ocean, some- an oversight so that what we intend is hole in the ozone layer over the Ant- times flying 10 feet above the water, what is actually carried out. arctic. Somebody else may be inter- sometimes 10,000 feet above the water. S 1580 CONGRESSIONAL RECORD — SENATE January 26, 1995 As he went over Cape Breton, the view- or nullify the mandate—based on cri- based on estimates decades earlier ers with powerful glasses, according to teria that were created 37 years before? which were squishy. the New York Times, could see, could I just pose that rhetorical question. I I want to add my voice of commenda- make out the number ‘‘211’’ on Lind- think that is what we are attempting tion of the Senator from West Virginia bergh’s small plane that carried a load here to rectify or avoid or to prevent. because he is doing two things in this of only 5,500 pounds. I thank both of the managers for amendment that are important. One is I would like to inquire of the distin- their kind remarks. I am ready to take based on the reality of change, which guished Senator from Ohio how many my chair if another Senator wishes to he has illustrated much better than I minutes it required him to circle the speak. can, and the other is based on the re- Earth? Mr. LEVIN addressed the Chair. ality that some things should stay the The Senator answers for the RECORD, The PRESIDING OFFICER (Mr. same under our Constitution, which is he encircled the Earth once every 1 DEWINE). The Senator from Michigan. our responsibility to legislate and not hour and 29 minutes; in other words, 89 Mr. LEVIN. Mr. President, the to just shove it all off on agencies dec- minutes. amendment offered by Senator BYRD is ades down the road. But let me sum it up like this. clearly an improvement in this bill. It Now, that is two things which the Mr. GLENN. Will the Senator yield? leaves an awful lot of problems remain- amendment does. There are some Mr. BYRD. Yes. ing, with which I think my friend from things it does not do. It does not solve Mr. GLENN. There is another way to West Virginia would agree, but it does the problem of creating that point of put the speed that is a little more in- address at least a problem, and it does order based on that estimate to begin teresting. It is a little under 18,000 it in a very important way, and I wish with. I think my friend from West Vir- miles an hour. But think where we are to just kind of summarize what I un- ginia would agree with me that that right now, and to your home would be derstand the Byrd amendment will do. problem remains. When does the man- 10 miles, I suppose, all the way out The Senator from West Virginia said date even begin? there. near the end of his comments that We had a colloquy here in the Cham- Mr. BYRD. Yes. some things change and some things ber the other night. We spent an hour Mr. GLENN. We would make that stay the same. One of the things which trip in the space of 2 seconds. You are changes is, indeed, the criteria over the trying to figure out when a mandate making about 4.8 miles per second. years or, to put it another way, tech- began and could not figure it out. That Mr. BYRD. Two seconds. The New nology over the years. is the triggering moment. When does a York Times reported that Lindbergh We might estimate in 1994 that 25 mandate first create direct costs? flew over Cape Breton at the great years from now it is going to cost I put up a chart with CBO figures, speed of 100 miles per hour—100 miles State and local governments $60 mil- and the managers at that time were per hour! lion to clean up something. There unable to tell me when does that man- Well, things have changed a lot. could be a totally new technology in date begin. So it is very difficult to Some things stay the same, or about those years which would reduce the know when a mandate begins, fre- the same. When I came to the Senate, cost of that cleanup by 90 percent, and quently. it was the 86th Congress when I came yet under the bill, before this amend- Sometimes it is clear but frequently to the Senate. I came to the House in ment, that agency would have to be di- it is difficult. In many authorization the 83d Congress. But in the 86th Con- rected to reduce the mandate on State bills, it is impossible to know when the gress, I came to the U.S. Senate. Sup- and local governments if the amount mandate ends unless you have an au- pose an agency, a civil servant in a was not appropriated equal to what thorization bill that is 5 years, 10 Federal agency—suppose this bill had was thought to be the cost of that years, 15 years, 20 years. If it is a per- been enacted into law the year I came, cleanup two decades before. manent authorization, you do not let us say, to the Senate, January 1959, It makes no sense. This amendment know when that mandate ends. So we in the 86th Congress. gives us at least one way to correct it have the CBO trying to figure, some- I was the 1,579th Senator ever to down the road. It does not solve the times in a matter of hours—maybe serve in this body, and there have now problem of whether or not these esti- minutes—the cost of a mandate on been 1,826 Senators. What I am saying mates are useful to begin with and 86,000 jurisdictions, and we as people is suppose in the 86th Congress, this whether we ought to create these who are legislating cannot even figure bill had become law and certain cri- points of order on such weak estimates out when some mandates begin and teria had been established for the guid- to begin with. But at least it gives us when they end. We are putting a whole ance of the Federal agencies. Suppose at the end of the line—10, 20, 30 years lot of importance on that estimate at also that that law were still in effect. down the line—a legislative way to cor- the beginning point when a point of Imagine, since that Senate, in which I rect a misestimate. That is the part order is created. was the 1,579th, we have seen almost that stays the same. That is the endur- That is the basic problem with this 21⁄2 complete turnovers in the Senate, ing part of this Constitution which this bill, and we have tried to address some with the exception of Senator THUR- amendment protects. And that is the of those problems. I am going to have MOND—almost 21⁄2 complete turnovers— right of the legislative body to legis- an amendment later on this afternoon yet the criteria remained the same. late. This amendment avoids directing which is going to say the maximum The Senators, who had voted in the agencies to do what legislatures ought length of that estimate will be 10 committees in 1959 to establish the to do. years. I do not know whether or not standards and the criteria by which the Now, I know we can say in the bill the amendment will be adopted, but I agency head would be guided, are gone. that authorizing legislation has to set think we ought to have some finite They would have passed from the stage forth criteria, but the truth of the mat- time for the amount of the estimate if of this life and gone on to their reward, ter is that unless we adopt the Byrd we want to be realistic. most of them. And the agency head, amendment, there is a significant dele- As the Senator from West Virginia the person down in the agency, has gation of what should be a legislative pointed out, right now in this bill the long since been replaced also. function to the agencies, overcoming CBO has got—once it is triggered, once The criteria that were established in the constitutional argument that you there is a $50 million threshold esti- the 84th might be much out of date cannot do it broadly by simply, as in S. mate in any 1 of the 5 years after it is today, as much out of date as Lind- 1, having used the word ‘‘criteria,’’ effective, assuming you can figure that bergh’s Spirit of St. Louis was when which may get by a constitutional out—assuming that $50 million thresh- JOHN GLENN, Senator JOHN GLENN, cir- point of order but barely. And it is not old is reached in any year, then they cled the Earth. The criteria would be the way we should legislate. We should have to estimate the cost each year for out of date. Would we be satisfied in not be abdicating legislative function the entire length of the bill’s effective- letting someone down at the agency to agencies, creating points of order ness, which can be forever. In order to make these decisions with respect to unless bills direct agencies to reduce make this a little more realistic for mandates—less money, less mandate, mandates 20, 30 years down the road, the CBO, I will offer an amendment January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1581 later on today which says just go out 10 is not worth putting in that extra bur- cedures but there are times when they years from the effective date. den, that double appropriation process. may be necessary. In this case I did not Now, the Senator from West Virginia Because I think it probably is, in order want to try to raise a barrier to the ef- has addressed an important problem, to avoid the other two problems which fectiveness of the legislation. I want to but it also leaves unaddressed what I the amendment of the Senator address- expedite the operation of it, so as to re- have described and also creates the fol- es. But I am wondering if the Senator tain here in the legislative branch re- lowing duplication, I believe. I would from West Virginia would agree with sponsibility to act rather than offload- like him to comment on this. We have me that, in order to address the two ing that responsibility on an agency not had a chance to chat so this will be problems which he has, that it will be head. our chat. required down the road, whenever that Mr. LEVIN. I thank the Senator from Under his amendment, as I under- is, that there be two steps taken to ap- West Virginia for reminding us of just stand it, which is the best he was able propriate the right amount of money how far off estimates are—budget esti- to work out with the managers, what instead of one? And even though we mates that come from the CBO. will happen is this. Fifteen years from have gone through the appropriations I also just add to that one thought. now, an Appropriations Committee will process once and presumably the ap- These estimates are the product of the be appropriating money in an area, and propriation folks know all the facts work, frequently, of months, of I would they will be reminded there was an es- when they appropriate and they appro- guess hundreds of people with great timate 15 years back by the CBO that priate the 10 percent of that estimate skills in this area, for one Government. the authorization bill that they are and it goes to the President and is And they are off. working on will cost State and local signed into law—as I understand the Mr. BYRD. They are off. governments $60 million. amendment, I think I have it Mr. LEVIN. And the estimates that Now it is 15 years later. The new Ap- straight—we still have to go through so much is going to depend on in S. 1 propriations Committee is looking at this second step of having this report are estimates which will frequently be this authorization bill and they have from the agency, the expedited proce- produced in hours. They will have to be information, which is reliable, that be- dure, the joint resolution that becomes if it is an amendment on the floor, and cause of new technology that mandate law? I think the Senator from Ohio is going will now cost no more than $6 million, I am wondering if I am accurate? And to try to address the amendment issue. about one-tenth of what the estimate if not, I would like to be illuminated on Mr. BYRD. Yes. was 15 years ago. The Appropriations that point. Mr. LEVIN. But the problems will be Committee, I hope, would do the sen- Mr. BYRD. It seems to me, Mr. Presi- even greater because of a number of sible thing and appropriate at the most dent, this would not pose a problem. I reasons. what it would cost to implement the would think that the appropriations One, there are just going to be, pre- mandate, 10 percent of what the esti- bill could say ‘‘notwithstanding any sumably, few people working at most mate was 15 years before. When they do other act.’’ Notwithstanding any other on trying to estimate the cost of a bill that, they will send the bill to the Sen- act or any other provision of law, the or an amendment for this purpose. ate floor, the Senate will act on it, pass agency shall carry out the mandate That is No. 1. $6 million, send it to the House—maybe with less money. No. 2, the period that the estimate it would have come from the House, So that Appropriations Committee has to be made for—in other words, whatever, the House will say yes, you and the Senate at that time—the same when is the mandate effective—is fre- are right, whatever, it is only $6 mil- thing with the other body—can act ac- quently unknown and has to be lion this year—the House will approve cordingly, in the light of the new facts guesstimated. The length of the man- the bill, although the order will prob- and new circumstances. date is longer. It is unlimited, unless ably be reversed. In any event, both Mr. LEVIN. I am wondering if that the bill has a limit in it. The author- Houses will probably work out the dif- would also be the case, even in the ab- ization bill could be 20, 30, 40 years— ference. At that point the bill will go sence, presumably, of the Senator’s unlike these bills which I think at the to the President, he will sign the ap- amendment? most are 5 years. But it is an annual propriation bill, and then there will be Mr. BYRD. I would think so, yes. estimate. $6 million. Mr. LEVIN. So what the Senator’s So you have in the case of a budget And then the agency, under the Byrd amendment adds to that possibility, deficit estimate which is way off, huge amendment, will say whoops, that esti- which always exists, a subsequent leg- numbers of people working on it know- mate 15 years ago was for $60 million. islative body could say, ‘‘Notwith- ing months in advance that it has to be We have to send a statement to the standing any previous position of law,’’ prepared for a certain date for one Gov- Congress saying we can do that now for is a second avenue of overcoming an es- ernment for a finite period of time. $6 million. And if we do not think we timate which turns out either to be in- Whereas the estimate referred to in S. can then we can reduce the scope of the accurate or which a subsequent Con- 1 is an estimate that could be for an in- mandate. There are a number of op- gress does not want to legislate, basi- finite number of years—could be un- tions which the Byrd amendment pro- cally. limited, with not knowing when the es- vides. If they do that there will be ex- Mr. BYRD. Exactly. timate is going to have to be made be- pedited procedures. I will get into that Mr. LEVIN. And if that second path cause amendments are offered without in a moment. But there will be expe- is used, which is the substance of the warning, frequently. Sometimes they dited procedures to be sure that the Senator’s amendment, at that point are second-degree amendments. And it Congress can act on that recommenda- there would be the second step used? is even a far more uncertain process tion of the agency so it is the Congress Mr. BYRD. Yes. that has to be produced in a shorter that is acting and not the agency. Mr. LEVIN. I thank my friend. On timespan than the estimates which my Again, I applaud the Senator for the expedited procedures issue, the friend from West Virginia has re- that. I think it is a very important Senator from West Virginia indicated minded us of. change. But nonetheless we have to that he has not set forth one expedited Is that a fair statement? legislate all over again. We have to go procedure. So I assume from that we Mr. BYRD. I think it is. And, as the through that process twice. Now we could have, in effect, as many expe- Senator from Michigan has so often will have a recommendation from the dited procedures basically as there are pointed out, in 87,000 different political agency, expedited procedures, joint res- authorizations? entities throughout this Nation. olution, has to go to both Houses, then Mr. BYRD. Conceivably that is the Mr. LEVIN. I thank my friend. I com- has to go to the President. case. mend him for his efforts on this bill, to So there is another hoop, another Such procedure might become like improve this bill. This has huge, vast hurdle, another moat, another wrinkle. any other boilerplate language in con- problems remaining. I think it is a lab- It is worth doing. I do not use any of nection with this type of legislation. I yrinth that is being created here with those words in the sense that I think it said earlier I do not like expedited pro- so many uncertainties that it is going S 1582 CONGRESSIONAL RECORD — SENATE January 26, 1995 to create problems for everybody, in- KEMPTHORNE’s staff for their patience Mr. KEMPTHORNE. Mr. President, I cluding the State and local govern- and their helpfulness in working with would like to thank the Senator for his ments frankly, as well as the legisla- Jim English of my staff on this bill. contribution with this amendment. I tive process. But this really represents The contributions of those three Sen- would also like to inquire if the modi- a significant effort. I commend my ators and their staffs and my own staff fications that we have discussed have friend for taking, always, the time to have been great, and I am very thank- been sent to the desk. get into the details of a bill so we try ful. Mr. WELLSTONE. Mr. President, I to come up with something which Mr. President, for those who may suggest the absence of a quorum. makes sense beyond the beltway and wonder, I have no objection to setting The PRESIDING OFFICER. The which is workable inside this institu- this vote for later. I would like to get clerk will call the roll. tion. the yeas and nays. I ask unanimous The legislative clerk proceeded to Mr. BYRD. Mr. President, I thank my consent that it be in order to ask for call the roll. distinguished friend. As we have com- the yeas and nays at this time. Mr. KEMPTHORNE. Mr. President, I mented on the estimates and pointing The PRESIDING OFFICER. Without ask unanimous consent that the order out invariably they are off, of course, objection, it is so ordered. for the quorum call be rescinded. there is no criticism of the fine people Mr. GLENN. Mr. President, I ask The PRESIDING OFFICER. Without in the Congressional Budget Office; it unanimous consent that the vote on objection, it is so ordered. is just simply that there is no man or the Byrd amendment take place at 2:45, AMENDMENT NO. 204, AS MODIFIED woman in the 261 million people in and that until that time we take up the these United States who can estimate Wellstone amendment which is going Mr. KEMPTHORNE. Mr. President, I accurately. It cannot be done. God, in to be agreed to on both sides. That send to the desk the modifications that His infinite wisdom, could tell us that should take up most of the time be- have been made, and ask unanimous figure. It is humanly impossible, abso- tween now and until the vote on the consent that they be accepted. lutely impossible in light of changing Byrd amendment. The PRESIDING OFFICER. Without circumstances, inflation, unemploy- The PRESIDING OFFICER. Without objection, it is so ordered. ment, et cetera, to come up with the objection, it is so ordered. The amendment (No. 204), as modi- right estimate. Mr. BYRD. Mr. President, I ask for fied, is as follows: I was just musing to myself. In an- the yeas and nays on the amendment. Insert at the appropriate place the follow- cient times you will remember the The PRESIDING OFFICER. Is there a ing: dream in which the baker and the but- sufficient second? ( ) The term ‘direct savings’— ler had dreams. And the baker’s dream ( ) in the case of a federal intergovern- There is a sufficient second. was interpreted meaning in 3 days off mental mandate, means the aggregate esti- The yeas and nays were ordered. would go his head, unlike the pleasant mated reduction in costs to any State, local Mr. BYRD. Mr. President, I thank all outcome of the prediction of the butler government, or tribal government as a result Members. in his dream; namely, that in 3 days he of compliance with the federal intergovern- The PRESIDING OFFICER. The Sen- would be back serving the king or the mental mandate. ator from Minnesota is recognized. ( ) in the case of a Federal private sector pharaoh. In ancient times the heads of mandate, means the aggregate estimated re- these poor CBO people would roll. Mr. WELLSTONE. Mr. President, I am trying to remember. I believe the duction in costs to the private sector as a re- Mr. LEVIN. Mr. President, we have sult of compliance with the Federal private adopted a number of amendments amendment number is 204. Mr. GLENN. I believe that is correct. sector mandate. which are trying to make their life a Mr. WELLSTONE. Mr. President, if little more realistic than otherwise, The PRESIDING OFFICER. The Sen- ator from Minnesota. the Senator will yield, I apologize. I amendments allowing them to say—for thought that had been sent up. instance my amendment—if they can- Mr. WELLSTONE. I thank the manager. Mr. KEMPTHORNE. Mr. President, not make an estimate, they are al- we are ready to accept the amendment. lowed to be honest in the intergovern- Mr. President, let me first of all Mr. WELLSTONE. Mr. President, be- mental area the way they were origi- thank the floor managers, the Senator fore we vote, I ask unanimous consent nally in the private area. from Idaho and the Senator from Ohio, that Senator BOXER be listed as an I have one question of the Senator for their work. I would also like to original cosponsor. from West Virginia to make sure that thank their staffs and thank Ken The PRESIDING OFFICER. Without I understand the meaning of his ref- Boley, who has been working with me. erence to the word ‘‘mandate.’’ We have been involved in negotiations, objection, it is so ordered. On page 2 of his amendment, lines 20 and I think we have come up with a Mr. GLENN. We are happy to accept and 21, he makes reference to the word very reasonable compromise. the amendment on our side also. I ‘‘mandate.’’ Am I correct in under- This amendment makes sure that think the Senator from Minnesota has standing that the mandate referred to when we talk about savings we have a made a good contribution. This cer- there is the mandate which is the sub- definition of what we mean by direct tainly clarifies some things that were ject of the section, which is the inter- savings. It is not currently defined in not clear before. I think that is good. I governmental mandate? the bill. In other words, what this compliment him for pointing out these Mr. BYRD. That is my understand- amendment says is that if savings can things. We are glad to accept it on our ing. It conforms to this language, be reasonably estimated, then it should side also. namely, Federal intergovernmental be counted. When we do the cost-bene- Mr. WELLSTONE. I thank the Sen- mandates, on page 22, line 2, which is fit analysis, we want to do the cost but ator from Idaho for his work in coming in the bill. we also want to do the benefit. And to an agreement on this amendment. Mr. LEVIN. I thank the Senator. this just tightens up the definition of What we are trying to do with this Mr. BYRD. Mr. President, I thank savings. amendment is to make it clear that the Senator LEVIN. He is one of the most As I have said many times, I support Congressional Budget Office ought to meticulous legislative craftsmen, not the premise of this legislation. I think be diligent in calculating the savings a only in this body but that I have seen there are a variety of different rough mandate will create for State and local in any legislative body in which I have spots that we have been trying to governments. The focus of the Un- served. He is meticulous. He will not smooth over with the amendments. I funded Mandates Act is on costs, but ‘‘cavil on the ninth part of a hair,’’ but think this amendment does that. there is a recognition in the bill that he will study it very carefully. If we I thank both Senators for their sup- mandates can also provide savings to did not have a CARL LEVIN, we ought to port. state and local governments. That rec- make one. Mr. KEMPTHORNE addressed the ognition is critical. Let me take this opportunity to Chair. Under S. 1, costs to the public sector thank Senator LEVIN’s staff, Senator The PRESIDING OFFICER. The Sen- as a result of a Federal mandate must GLENN’s staff, and Senator ator from Idaho. be paid for, or else a point of order lies January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1583 against the proposed legislation con- AMENDMENT NO. 213, AS MODIFIED Mr. KEMPTHORNE. I move to lay taining the mandate. Savings are in- The PRESIDING OFFICER. Under that motion on the table. volved because under the bill we need the previous order, the Senate will now The motion to lay on the table was not pay for costs to the extent that resume consideration of amendment agreed to. they are offset by savings. In other No. 213, as modified. Mr. GLENN. Mr. President, what is words, you cannot calculate costs un- Mr. HATCH. Mr. President, I con- the order of business? less you can calculate savings. gratulate Senator BYRD and Senator Costs and savings are two sides of the KEMPTHORNE on agreeing to mutually AMENDMENT NO. 196 TO AMENDMENT NO. 190 same coin. Both are important. But S. satisfactory language on this point-of- The PRESIDING OFFICER. Under 1 includes a 21⁄2-page definition of costs, order provision. While I did not share the previous order, the question occurs and absolutely no definition of savings. Senator BYRD’s concerns over what he on amendment No. 196, offered by the However, the bill does make the impor- saw as constitutionally dubious lan- Senator from Idaho, which is pending tant point that the ultimate cost of a guage in S. 1, I am pleased that he and to amendment No. 190 offered by the mandate is the net amount resulting Senator KEMPTHORNE have been able to Senator from Iowa. Debate on the when savings are subtracted from agree on language that resolves his amendment is limited to 1 hour equally costs. What we do in this amendment is concern. divided and controlled by Senators provide that clarifying definition of di- I am satisfied that the language in KEMPTHORNE and HARKIN. rect savings. If a savings can be reason- Senator BYRD’s amendment is con- Who yields time? ably estimated, it should be counted. stitutional. For the sake of clarifica- Mr. HATCH addressed the Chair. For example, assume that following tion only, I add that the language on The PRESIDING OFFICER. The Sen- reports of a rise in incidence of carpal page 3, lines 11 to 14 of the amendment, ator from Utah. tunnel syndrome, a bill is proposed to referring to approval by Congress of a restrict the number of hours a data Mr. HATCH. Mr. President, I would joint resolution, is understood by all to like to congratulate my colleagues, entry technician may work. In analyz- contemplate that that joint resolution Senator KEMPTHORNE and others, for ing the costs and savings resulting will become law. In short, no joint res- offering this amendment. from this mandate, CBO estimates that olution will be deemed approved by The PRESIDING OFFICER. Does the employers’ liability will likely de- Congress within the meaning of this Senator from Idaho yield time to the crease under such a law because of language unless and until it has been fewer cases of the syndrome, and that signed by the President or, if it has Senator from Utah? insurance premiums will likely be been subject to a veto, the veto has Mr. HATCH. I am managing the bill lower as a result. Is that a direct sav- been overridden by both Houses. This at this time. ings? Also, since liability would be de- understanding is necessary and ade- The PRESIDING OFFICER. The Sen- creased, perhaps the amount of settle- quate to ensure that the procedure con- ator from Utah yields himself such ments and awards not covered by the templated by the provision complies time as he may consume. insurance would decrease as well. Is with the Constitution. Mr. HATCH. Mr. President, I would that also a savings? Under S. 1 as clari- The PRESIDING OFFICER. The yeas like to repeat that. I would like to con- fied by this amendment, CBO will have and nays have been ordered. gratulate my colleagues, Senator guidance and balance in making that The clerk will call the roll. KEMPTHORNE, and others, for offering decision. The legislative clerk called the roll. this amendment. This amendment ex- How about savings that would result The PRESIDING OFFICER (Mr. presses the sense of the Senate that in from workers not taking as many sick GREGG). Are there any other Senators implementing the balanced budget days? And savings from lower hospital in the Chamber desiring to vote? amendment, Congress will neither cut bills the State might have to pick up? The result was announced—yeas 100, Social Security benefits nor increase Again, under S. 1 as clarified by this nays 0, as follows: amendment, CBO will have guidance Social Security taxes to balance the and balance in making that decision. [Rollcall Vote No. 49 Leg.] budget. Let me repeat that: Congress I ask my friend the Senator from YEAS—100 will neither cut Social Security bene- Idaho who is the prime sponsor of this Abraham Feinstein Mack fits nor increase Social Security taxes Akaka Ford McCain to balance the budget. legislation if he agrees with the intent Ashcroft Frist McConnell of this amendment as I have outlined Baucus Glenn Mikulski This is a very good approach to en- it. Bennett Gorton Moseley-Braun suring that we will not harm either our Mr. KEMPTHORNE. I would respond Biden Graham Moynihan current nor our future retirees as we Bingaman Gramm Murkowski to the Senator from Minnesota that I Bond Grams Murray get the Nation’s fiscal house in order. do agree with the intent of this amend- Boxer Grassley Nickles For all our generations, this is im- ment as he has outlined it. Bradley Gregg Nunn portant. We all want to protect Social Breaux Harkin Packwood The PRESIDING OFFICER. If there Brown Hatch Pell Security. There is not a person in this is no further debate, the question is on Bryan Hatfield Pressler body who is not going to do that. And agreeing to the amendment (No. 204), Bumpers Heflin Pryor yet there are going to be a number of as modified. Burns Helms Reid Byrd Hollings Robb amendments that are basically irrele- The amendment (No. 204), as modi- Campbell Hutchison Rockefeller vant trying to show that they are fied, was agreed to. Chafee Inhofe Roth going to try and protect us from our- Mr. KEMPTHORNE. Mr. President, I Coats Inouye Santorum selves with regard to Social Security. I move to reconsider the vote by which Cochran Jeffords Sarbanes Cohen Johnston Shelby do not know of anybody in the House the amendment was agreed to. Conrad Kassebaum Simon or the Senate who is not going to pro- Mr. GLENN. I move to lay that mo- Coverdell Kempthorne Simpson tect Social Security under the bal- tion on the table. Craig Kennedy Smith anced budget amendment. But every- The motion to lay on the table was D’Amato Kerrey Snowe Daschle Kerry Specter body knows that if we amend the bal- agreed to. DeWine Kohl Stevens anced budget amendment to exclude Mr. KEMPTHORNE. Mr. President, I Dodd Kyl Thomas suggest the absence of a quorum. Dole Lautenberg Thompson Social Security from its features, that Domenici Leahy Thurmond balanced budget amendment will not The PRESIDING OFFICER. The Dorgan Levin Warner clerk will call the roll. Exon Lieberman Wellstone be worth the paper it is written on. Ev- The legislative clerk proceeded to Faircloth Lott erybody knows that, including those call the roll. Feingold Lugar who basically are arguing this issue. Mr. KEMPTHORNE. Mr. President, I So the amendment (No. 213) was There is no question that we will pro- ask unanimous consent that the order agreed to. tect Social Security in the implement- for the quorum call be rescinded. Mr. GLENN. Mr. President, I move to ing legislation. There is not a Member The PRESIDING OFFICER. Without reconsider the vote by which the of Congress who will not vote to do objection, it is so ordered. amendment was agreed to. that, and that definitely will be there. S 1584 CONGRESSIONAL RECORD — SENATE January 26, 1995 This sense-of-the-Senate resolution This is a commitment to people that We are going to have an opportunity says in passing the implementing legis- we are going to try and act responsibly when the balanced budget amendment lation, Congress will neither cut Social in this whole process. Are there going is brought before this body to debate Security benefits nor increase Social to have to be adjustments to future re- and vote on whether or not there Security taxes to balance the budget. tirees in Social Security or to employ- should be an exclusion from the bal- So we cover both ends of the spectrum. ers or to a FICA tax or something? The anced budget amendment of Social Se- We all want to protect Social Secu- answer is at some point in the future curity. The resounding answer is that rity. It holds a special place in our na- that will have to take place because we there should be an exclusion. Why? Be- tional programs. We want to protect want to make sure Social Security is cause Social Security should rise or Social Security in an appropriate and sound but this does no favor, long- fall on its own merits. reasonable way. This provision does term, to Social Security recipients. I sat for the better part of 1 year on that. It is wholly appropriate, it is Let me add one other point. Those the entitlement commission. We stud- wholly reasonable, and it points the who oppose a balanced budget amend- ied Social Security. We know what is way to real protection for those who ment are going around telling every powerful about Social Security. We are relying upon the Social Security group—we just had it yesterday from know the weaknesses of Social Secu- Trust Funds. the Secretary of Defense. He said, ‘‘Oh, rity. This provision goes to the heart of this is all going to come out of defense Mr. President, Social Security is this the concern of some that Social Secu- and you are going to hurt defense.’’ year going to have a surplus of $80 bil- rity benefit cuts or tax hikes could re- They are going to groups that fight for lion. Right after the turn of the cen- sult from attempts to balance the Fed- social causes and saying, ‘‘Oh, it is all tury, the surplus will be in the hun- eral budget. It expresses the sense of going to come out of yours.’’ And they dreds of millions of dollars. We have to the Senate that as we move to bal- are going to Social Security recipients stop raiding these Social Security ancing the budget that we will not cut and others saying, ‘‘Oh, this is all trust funds to make the books look benefits nor raise taxes in the Social going to come out of you.’’ better in Congress. We have to do that Security trust fund in order to balance This is a commitment that we want to protect the original contract with the budget. to do this thing responsibly, and I be- America, passed during the Great De- I wholly agree with the intention of lieve we will. We need to get on a glide- pression, a contract of which we all are this provision, and I urge my col- path toward a balanced budget, and very proud. One of the most resounding leagues, all those who, like me, support that is the commitment of the bal- acts of politics, of Government in the a balanced budget and all of those who, anced budget amendment. history of the world has been the So- like me—meaning everybody—support I will vote for this amendment. I will cial Security agreement that we have protecting Social Security to vote for oppose any secondary amendments in this country. this amendment. Let us adopt this rea- that suggest that we ought to have an I think it would be a disservice to the sonable and appropriate approach to amendment to the Constitution on people of this country to allow this protecting Social Security as we move this. amendment to pass. That is why I will toward balancing our Federal budget. The PRESIDING OFFICER. Who move to table it. I believe that if we One last comment. We have to do it yields time? are going to have a debate, it should be this way. We will pass implementing Mr. HARKIN addressed the Chair. reserved to whether or not the people legislation that will fully protect So- The PRESIDING OFFICER. The Sen- of this body are going to exempt Social cial Security. This resolution commits ator from Iowa. Security. That is the vote. That is why us to doing that. But if we try to Mr. HARKIN. Mr. President, I yield 5 I applaud and commend my friend from amend the balanced budget amendment minutes to the Senator from Nevada. Iowa for bringing this to the Senate’s and put statutory language of protec- The PRESIDING OFFICER. The Sen- attention. We must recognize that So- tion for Social Security in that, it is ator from Nevada. cial Security should be exempted. gone. It will not be worth the paper it Mr. REID. Mr. President, I, at the ap- Finally, Mr. President, including the is written on, and everybody who propriate time, will move to table the exemption in the constitutional bal- knows constitutional law knows that. I Kempthorne amendment. Last year, anced budget amendment is the only presume every Member of Congress when we debated the balanced budget way to ensure that the trust funds will knows that. amendment I also exempted Social Se- not be looted and that the trust fund Mr. President, I yield 3 minutes to curity. At the time, my friend from will not become a slush fund. Congress the distinguished Senator from Illinois. Utah said, ‘‘It is a fig leaf.’’ has long recognized the special nature The PRESIDING OFFICER. The Sen- They did not invent a fig leaf until of Social Security. It is a contract that ator from Illinois is recognized. the amendment now before us had been must be enforced. We can only guaran- Mr. SIMON. Mr. President, I join my offered. This is the biggest farce to the tee continued performance of this con- colleague from Utah in urging the senior citizens of America that has tract if we expressly exempt Social Se- adoption of this and the rejection of been attempted to be perpetrated on curity from a balanced budget amend- anything that suggests that we ought them in a long time. If, in fact, this fig ment. I recommend and plead with my to have a Social Security exemption in leaf is adopted, people can walk out colleagues to vote with me in tabling the Constitution. and say, ‘‘We are going to put it in the this amendment. The interesting thing about the implementing legislation.’’ And, in The PRESIDING OFFICER. Who wording, and we went through this in fact—I have every respect for my friend yields time? the Judiciary Committee, what you from Utah—I am sure he will do his Mr. HARKIN. Mr. President, I yield 5 would do for the first time in the his- best that it does become part of the im- minutes to the Senator from North Da- tory of the Nation is you would exempt plementing legislation. But what hap- kota [Mr. DORGAN]. a specific statute. That is not the way pens 5 years from now, 7 years from The PRESIDING OFFICER. The Sen- you write a Constitution. Then you now, 8 years from now? Any legislative ator from North Dakota is recognized have a huge loophole through which body can change the implementing leg- for 5 minutes. you can put anything you want in that islation. Mr. DORGAN. Mr. President, I rise to statute. It just is not the way we ought This is a farce. Everyone within the oppose the Kempthorne second-degree to do things. sound of my voice should understand amendment. Senator KEMPTHORNE is Second, by exempting Social Secu- that the Committee to Preserve Social attempting to weaken Senator HAR- rity, we do not make ourselves obli- Security, the AARP—all those groups KIN’s amendment, which would put the gated in the years to come. Starting in that represent senior citizens in this Senate on record on a very important the year 2012 or 2014, depending on how country—oppose an amendment like issue. Senator HARKIN’s amendment quickly people retire, Social Security this. This is offered only for show. But would commit the Senate to protecting will start going into the red. We need those who are watching this debate Social Security in the balanced budget to anticipate that. will see through its transparency. amendment that we debate next week. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1585 Let me try to underscore what is at purpose, then we ought to change the the hole through which they will drive work here. tax, eliminate the Social Security tax. millions of trucks in the form of all This is not a discussion about good But all of us know exactly what is kinds of ideas on legislation. intentions. Everybody here has good going on here. We want to play a little Everybody’s special interest will be la- intentions. All Senators would stand game and talk about a goal out there beled that loophole exception. up, I am sure, and say, well, we are in the year 2002 without tying your Now, we all know that. We all know headed toward a balanced budget. hands. this is kind of let’s-see-who-can-stand- Count on me. I guarantee we are not Well, with respect to raiding the So- up-for-Social-Security-the-most, al- talking about cutting Social Security cial Security trust funds, I say let us though everybody does. So we simply benefits. bring some rope and tie some hands believe the way to do it is the way the Mr. President, if this is truly the around here. Let us provide some guar- Kempthorne amendment is written. We case, then let us turn good intentions antees. Let us tell seniors and workers protect Social Security. We will do it into a constitutional provision. for whom this compact exists that we in the implementing legislation, and Here is why it is important. The mean what we say, that this is not we will protect it from decreases or in- agenda of the new majority party says about good intentions. This is about a creases through tax increases. We will the following three things: One, we good constitutional amendment to bal- not allow the taxes to increase, either. want to increase defense spending, one ance the budget. And the way that con- That way it is a level playing field of the largest areas of spending in the stitutional amendment will be a good and everybody is protected, plus we Federal budget. Two, we want to cut amendment is if we keep this promise give the assurance that after the bal- taxes. And three, we want by the year that the American people have made anced budget amendment is passed we 2002 to force a balanced budget. and kept decade after decade after dec- will work on implementing legislation The question is, how? How does that ade since the 1930’s. which will do in a better form, in a bet- add up, if one says we want to have a This issue is not going to go away, ter way, with greater guarantees, ex- balanced budget by the year 2002 with- and this issue is not going to be solved actly what my sincere colleagues—and out affecting Social Security? I have by good intentions or rhetoric. It will I acknowledge they are sincere—are heard the argument made: We want to be solved not by passing the do that without affecting Social Secu- Kempthorne second-degree amendment trying to do here. rity. But if you take Social Security which, as the Senator indicated, does I yield 5 minutes to my friend and out, people tell us, that means nothing. not solve this problem. It will only be colleague from Idaho. What on Earth is that saying? That is solved by passing today the sense-of- The PRESIDING OFFICER. The Sen- a contradiction in logic that, I am the-Senate resolution offered by Sen- ator from Idaho. sorry, I just do not follow. ator HARKIN and passing next week the Mr. CRAIG. I thank the Senator from Look, we take money out of workers’ amendment we intend to offer to the Utah for yielding. paychecks every day and every way in constitutional amendment and which I suspect he and I and a good many this country for one specific purpose, we hope this Senate will adopt. others ought well get used to the floor, and it is labeled on the paycheck. It is Mr. President, I yield the remainder because starting next week the chair- money to go into a trust fund to pay of my time to my friend from Iowa. man of the Judiciary Committee, my for Social Security. That is the com- The PRESIDING OFFICER. Who colleague from Utah, will be leading pact between those who work and those yields time? the battle, the debate, the discussion, who used to work. That goes into a Mr. HATCH addressed the Chair. on a balanced budget amendment as it trust fund. The PRESIDING OFFICER. The Sen- comes to the floor of the Senate. That trust fund this year had $69 bil- ator from Utah. I did not think we would start that lion more come into the trust fund Mr. HATCH. Mr. President, every- debate until then. But it is obvious than was spent out of the trust fund. body knows that everybody in this there is a lot of partisan jockeying at Not one cent of the Federal deficit this body, everybody in the other body, is this moment to see who can appear to year was created or caused by the So- going to protect Social Security. We be the better defender of the Social Se- cial Security system. are going to protect it in the imple- curity system. Mr. President, that kind Now, why are we collecting more? menting legislation without question. of jockeying will not work; it has not Because we are saving it for when the If we put in an exemption, a statutory worked. It has been tried before. The baby boomers retire. If we do not take exemption for Social Security in the American public have clearly rejected this surplus out of the balanced budget balanced budget amendment, it will it. amendment’s calculations, we will make the balanced budget amendment If I could take just a few of us back surely raid the Social Security trust worthless. We all know that. a decade to the early 1980’s when the funds, and all of us know it, in order to But more importantly, if it is put in Social Security trust fund was truly in achieve the balanced budget amend- there, I guarantee you, you are putting trouble, there was no money; it had ment. Then we will probably deny it all Social Security at risk, and I will tell been spent out and the revenue flows the way to the bank. you why. Because once you put it in coming into the trust fund simply were The only way to keep the promise the balanced budget amendment, then not adequate to build any kind of reve- that has been made in this country is everybody and anybody is going to be nue base, to build any kind of security to pass the sense-of-the-Senate resolu- pouring their programs through that to that system, and there was a real tion offered by Senator HARKIN today, Social Security loophole calling it So- question that the checks could even go and then pass the proposal to the bal- cial Security. I can see child care; I can out. The partisan wrangling began. anced budget amendment that will be see almost everything else. And guess Thank goodness, Ronald Reagan and offered by Senator REID and myself, who is going to lose? It is going to be the Democrat Speaker of the House, Senator CONRAD, and Senator HARKIN the senior citizens in this country. Tip O’Neil, said: This will not work. We next week, and that simply says this: It is far better to legislate with legis- have as a nation always stood together No one shall be entitled or enabled to lation than to legislate on a constitu- in our support of Social Security. And raid the Social Security trust fund to tional amendment. And we are going to we will stand together now. And Social accomplish a balanced budget amend- guarantee it. There is no doubt of any- Security will be as strong in the year ment because the Social Security sys- body in the world that we are not going 2002, when the Federal budget is bal- tem has not caused one penny of the to guarantee Social Security on the anced, as it is today. Because the Federal deficit. It is now running a implementing legislation. American people will expect it and our very substantial surplus. The money So this argument is really a bogus Federal budget will not be balanced on that is taken from the workers’ pay- argument. In a sense, it is an unconsti- the back of the Social Security Sys- checks and from the employers who tutional argument because we do not tem. employ them is money that is sent into legislate on constitutional amend- The American people want a stable a trust fund to be spent for only one ments. And if you provide any loophole Social Security System and they ex- purpose. If this money is not for that for any part of the budget, that will be pect it to pay out what they put in. S 1586 CONGRESSIONAL RECORD — SENATE January 26, 1995 They need to be assured that their ben- The PRESIDING OFFICER. The Sen- stitutional amendment in 1913 to put in efits will not be cut to pay for other ator from Iowa? the Constitution that the Federal Gov- spending programs. The Senator from Mr. HARKIN. Mr. President, I will ernment can collect income taxes. How Utah is absolutely right. If we create yield to my colleague in just a second. is that implemented? We implement the exclusivity of a massive loophole I do want to respond a little bit, that through the IRS Code and we as the Senator from Iowa and those though, to the comment made by the change that every year. That is what who support him tonight are trying to Senator from Idaho and the Senator you would be facing with Social Secu- do, what will occur is exactly what from Utah. rity. happened in the 1950’s and the 1960’s It is hard to know where to begin. As the Senator from North Dakota and the 1970’s, when there was a great Basically what the Senator from Idaho said, with those many billions, actu- desire to do social good but nobody had and the Senator from Utah are saying ally $3 trillion by 2020, in the Social Se- the will to raise taxes. We began to to the elderly and to the workers of curity trust fund, that is where they plug programs into the Social Security America is: Trust us. We do not have to want to go to balance the budget: on System, and myriad programs were exempt it from the balanced budget the backs of the elderly, on the backs plugged in. Were they socially worthy? amendment. Just trust us. of the workers of America. That is Absolutely. None of us disputed that at It sounds like a used car salesman. where they want to go. that time. I was not here. Many Sen- You go to buy a used car and they say: The Senator from Utah can correct ators were not. But we had to pick up We will not give you a guarantee, just me, but I understand the vote was 10 to the pieces in the 1980’s when the Con- trust me. That is the kind of argument 8 and the only Republican who voted gress of the United States finally had we are hearing here. for the Feinstein amendment to ex- to fix the result of a broken trust fund They are talking about, somehow, if empt Social Security was Senator system because already too much had we do this in a constitutional amend- SPECTER. been added. ment, if we exempt Social Security, If I am wrong on that, if my informa- If you create a giant revenue source then all of these other programs will be tion is wrong, I will stand corrected. and you create exclusivity to it—and run through Social Security. It is evi- But there was an amendment to ex- that is exactly what the Senator from dent to this Senator maybe the Sen- empt it. It was 10 to 8. I think the intentions are clear there. Those who Iowa is attempting to do this evening— ator from Idaho and the Senator from Utah have not really read the pertinent want a constitutional amendment to then you will in fact create a magnet legislation. We took Social Security off balance the budget—and I am one of that will draw all other kinds of pro- budget in 1990. Then later on we made those; I have voted for one in the past grams under the guise that this some- it an independent agency. Social Secu- and I will in the future, but I will not how has a unique lure to the Social Se- rity is an independent agency with an vote for a constitutional amendment to curity System. And the elderly of this independent board. If they try to run balance the budget that is going to bal- country will say, it is for children? It is through poverty programs and every- ance it on the backs of the elderly by for the poor? I thought this was an ex- thing else they are talking about using Social Security. It is separate. It clusive income supplement program for through it, they would be guilty of a is off budget. It is a separate agency those who had paid into it and those criminal conspiracy. It is impossible to and it ought to be left that way. who were worthy and eligible by age do that. It is an independent board. I yield. and by definition. That is what we risk That is why we removed it from poli- Mr. EXON. Mr. President, with all tonight. tics. due respect, I hate to ask either side What the Senator from Idaho in his Last, sort of an argument made by for time because neither side is going second-degree amendment has proposed the Senator from Utah and the Senator to be particularly appreciative of what to do is to state clearly the intent of from Idaho: if we put this on, we will the Senator from Nebraska is about to the U.S. Senate, much like the House try to add everything else onto the say. did just yesterday in a resolution to constitutional amendment to balance Therefore, I ask unanimous consent I speak clearly to the intent of the the budget. be allowed to speak for not to exceed 4 House. It is not much different from Last year the same thing. I do not minutes with the time not charged to what we are attempting to do here, see any rush of other amendments to either side. that it is the collective will, wisdom, exempt this and exempt that and ex- The PRESIDING OFFICER. Is there and understanding of the U.S. Congress empt anything else. This is the only objection? Without objection, it is so that as we work over the next 7 years one I know of. It makes common sense ordered. to balance the Federal budget, we will and good sense because it is a separate Mr. EXON. Mr. President, I hope I am not look to Social Security as a meth- trust fund, separate taxes, separate wrong, but I am not sure that I am. od and approach and revenue source to trust fund. There may be some well-meaning at- do so. It will be the responsibility to Let me say, I think the proof of the tempts on both sides of the aisle for honor the trust funds and honor our re- pudding is what has happened so far. the underlying amendment by the Sen- sponsibility and our pledge to the el- The Senate Judiciary Committee just ator from Iowa and the second-degree derly of America that we will not bal- passed it out. Let me say the Senate amendment by the other side of the ance the Federal budget on the backs Judiciary Committee, led by the Sen- aisle, Senator HATCH or Senator of that program. ator from Utah, my good friend, the KEMPTHORNE or whoever. I simply say, That is, of course, what the second- language that they passed clearly in- certainly there will be a lot of votes degree amendment speaks to, not just cludes Social Security receipts and one way or the other on these meas- a revenue flow out from the System benefit payments to recipients in cal- ures. I want to explain the Senator but a revenue flow in; that we will not culating whether or not we will have a from Nebraska will be voting against attempt to use taxes to bolster up a balanced budget. There was a vote in both. I am not saying I am any holier System in the guise of Social Security the Judiciary Committee. It was de- or any prouder or any more honest to pay out for programs that would bated and a vote was taken. The Judi- than any of my colleagues, but I sim- otherwise fall outside. ciary Committee by a vote of 10 to 8 de- ply say if you believe in a balanced So I strongly support the second-decided to have Social Security figured budget amendment, then we should gree amendment. I hope my colleagues into the calculations of whether the have a balanced budget amendment. can see the games that are being budget is balanced or not. It makes no That is going to be very, very difficult played. They really ought not be difference whether you put it in imple- to do by the year 2002. played, because this is without ques- menting legislation. That is nothing. We should have a balanced budget tion a strong bipartisan issue. It has Mr. HATCH. Will the Senator yield amendment without any handcuffs. I always been that. It should never be on that? for one am not sure that I would or anything less than that. Mr. HARKIN. In just 1 second I will. that everybody would vote for making Several Senators addressed the In implementing legislation—we can any reductions whatsoever in either Chair. change that next year. We had a con- tax increases, or benefit decreases to January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1587 balance the Federal budget. I simply where are we going down that road to What is happening around here is say that I am fearful that there is a elimination? What about the veteran that the Social Security surpluses are great deal of politics being played on laying out here in the veterans hos- being consistently systematically both sides of the aisle on this issue. pital with two of his lower limbs off? looted. The money is being taken to There are those who really believe that Are we going to put in a caveat to cover up how big the deficit really is. we should have as part of a constitu- make sure that his benefits are not That is what the truth is. That is what tional amendment to balance the budg- touched? I suppose, if we are going to really is happening. What some of us et a hands off policy on Social Secu- do that for one program, we could do it believe is that a trust fund ought to be rity. for another. I cannot think of anything a trust fund. It ought to be held in It seems to me that the second-de- more important than our veterans. trust. It ought not to be looted for gree amendment is what we generally That is an issue that we do not want to some other purpose. Why is it being call an amendment around here that talk about, but it is an issue I suggest done, people might ask? Why is this lets you vote for it but really you are should be discussed. And I would like being done in Washington? Why are the not. I simply say once again emphasiz- my colleague from Iowa to answer that Social Security surpluses being sys- ing I am not sure that as we proceed to question. tematically looted to pay for the rest balance the budget that we need to or Mr. HARKIN. Mr. President, as a vet- of the operating budget? I believe it is we should touch Social Security—the eran myself I agree with the Senator. because a payroll tax which is regres- well-known third electrical rail of poli- But the point is there is no separate sive is financing the Social Security tics, touch it and you are dead politi- trust fund for that. If the Senator fund and those surpluses. And to the cally. But I am going to vote against would like to propose setting up a vet- extent there are surpluses, that money both of these amendments because I erans trust fund, then we can go down is being used to offset the rest of the think both of them, from my perspec- that road. The fact is since the 1930’s Federal deficit because you are using a tive, without trying to judge what the we have had a separate trust fund for payroll tax to fund the ongoing oper- proponents of the two amendments are Social Security. There is a separate ations of Government. That is a burden trying to do—I judge that the coura- line on the paycheck. That is where the and responsibility that ought to be geous, honest thing to do if you want money goes. We took it off budget a shared by everybody, not just those to balance the budget is not put a few years ago. We set up an independ- who are on a payroll. whole group of caveats in, we are not In fact, in this country, two-thirds of ent agency all separate and apart. going to do this and we are not going the people pay more in payroll taxes Funds that come into Social Security to do that. I do not think we should than they pay in income taxes. And to that workers pay in go out for the ben- touch Social Security. But to put it in the extent those surpluses are being efits. They are not commingled. Yet the constitutional amendment, in my used to fund the ongoing operations of now they want to raid it. view, would be unwise. I think it would Government, what we have going on So while I understand the Senator’s also likely be unwise just for cover to here is absolutely unconscionable and a views on veterans and I sympathize have a sense of the Senate that says fraud. with that, it is simply not a trust fund, the same thing. I asked my colleagues on the Budget and we would have to go ahead and es- Another way of saying that I damn Committee several years ago. ‘‘Why is tablish such a thing before we could both of their houses because I think the Reverend Jim Bakker in jail? Why this is not realistic. I think it is not ever exempt it. I do not know that the did he go to Federal penitentiary?’’ politically honest. If you do not want will is here to set up that kind of inde- The reason? Because he raised money to balance the Federal budget, then it pendent trust fund. for one purpose and he used it for an- is a good amendment. I yield 5 minutes to the Senator from other. That is called fraud. That is ex- I hope that we will defeat both the North Dakota. actly what is going on with Social Se- first- and second-degree amendments. The PRESIDING OFFICER. The Sen- curity. We are raising money, taking it That is how this Senator will vote. ator from North Dakota. with a payroll tax out of people’s pock- I thank the Chair. I thank the body. Mr. CONRAD. Mr. President, I thank ets. Two-thirds of the people pay more Mr. HARKIN. Mr. President, I want the Senator from Iowa. This has been in payroll taxes than they pay in in- to respond to my good friend from Ne- an interesting debate. We have heard come taxes. And we tell them we are braska. If you really want a tough con- that everybody here is going to protect using it to fund Social Security. Part stitutional amendment to balance the Social Security. I wish that were true, of that is true. But to the extent there budget, I hope the Senator will support but that is not the record. Before I is a surplus, it is not true. our efforts to exclude Social Security came here in 1986, the Republicans Mr. President, this chart shows the because, if you include Social Security, were in the majority, and they went systematic looting of the Social Secu- that is where they are going to go. right after Social Security. We are not rity trust fund that we will enshrine in That is going to be easy because by talking about just cutting the growth. the Constitution if we go ahead and 2002 we are going to have about pretty They wanted to cut Social Security pass the Kempthorne amendment and close to $1 trillion in that trust fund. minimum benefits, cut them, less not put this provision in the balanced That is where they will go to get it to money the next year than the year be- budget amendment. balance the budget. Everybody will feel fore. That is the record. I favor a balanced budget amend- good. But what is going to happen then So it is easy to stand on the floor and ment. I think we ought to pass a bal- is later on when that baby-boom gen- say everybody is going to protect it. anced budget amendment. I am per- eration starts to retire, those trust But we can look back in history and suaded in my 8 years here that we are funds will be depleted. I believe those see what our friends on the other side not going to balance the budget unless who want to include Social Security of the aisle did the last time they were we have one. But it ought to be done in are looking for a quick fix, are looking in control. They went right after So- the right way. It ought not to be done for an easy way out. I do not think cial Security. Make no mistake about by assuming we are going to loot a there ought to be an easy way out. that record. trust fund in order to balance the budg- I yield up to 5 minutes to the Senator What is important to understand is et. from North Dakota. we are here talking about a giant hoax. How big we are talking about here? Mr. EXON. Will the Senator yield for It is all a giant hoax on the American This chart shows how big it is. This a question? public because we have been hearing chart shows what the surpluses will be Mr. HARKIN. Yes; I yield for a ques- about a Social Security trust fund. from 1995 to 2002. That is an 8-year pe- tion. There is no trust fund. Go try to find riod. The total amount of this is over Mr. EXON. Mr. President, my ques- it. Go look. Have a search around $700 billion. That is what is at stake. tion is, If you are going to make a spe- Washington to try to find where this Those who do not want to put it in the cial case in the exemption of Social Se- money is in the trust fund. It is no- balanced budget amendment and put it curity—which you can have arguments where to be found. It has all been in the Constitution and want Social for and in some cases I might support— spent. That is the truth of the matter. Security treated as a trust fund are S 1588 CONGRESSIONAL RECORD — SENATE January 26, 1995 really saying we want to take $636 bil- constitutional amendment—I would and decent people—who want to do lion over the next 7 years. And we have to say there would be even more what is right, which I acknowledge— ought to use that to balance the oper- temptation to loot the Social Security want to exempt Social Security in the ating budget. trust funds to pay for general budget actual constitutional amendment. If Mr. President, any CEO in America items. they do that, my gosh, that becomes an who stood up and announced that he The Harkin amendment, the underly- exemption through which everybody is was going to use the trust funds, the ing amendment, increases the problem. going to call their special spending retirement funds of his employees to I do not know how anybody can argue program, their worthy program, Social balance the operating budget, would be for that. I think the arguments of the Security. And many of them are wor- on his way to a Federal penitentiary. Senator from North Dakota make our thy programs. I do not know how you That is a violation of Federal law. That case for us. can avoid it. I do not see the logic in same standard ought to apply to us, as Let me cite the Seniors Coalition. In their argument. the stewards for the Social Security a letter, they said: The Kempthorne amendment says, trust fund. If Social Security is exempted— look, we have expressed the sense of Mr. President, if people really want These are seniors, and that is what the Senate that once the balanced to treat Social Security as a trust they want to do in the Harkin amend- budget amendment is passed, without fund, if they really want to be true to ment. loopholes, without special consider- the trust, then we need to put in the the total force of balancing the budget will ation to anybody, we are going to, in Constitution with a balanced budget find its way to Social Security. There will be amendment that Social Security sur- the implementing legislation and all an overwhelming temptation to either rede- legislation that follows that—exempt pluses will not be systematically fine Government programs as Social Secu- looted to balance the operating budget. rity programs, or pull money out of the trust Social Security from being raided. It is That is what this debate is all about. fund to balance the budget by cutting Social just that simple. And there is not one Mr. President, I have a financial Security taxes to offset tax increases else- Senator on this floor who would not background. Maybe that makes it more where. In fact, there would be nothing to vote for that after the balanced budget difficult for me to approach these is- stop Congress from ‘‘borrowing’’ as much amendment is passed. But if we go with money as it wanted from the trust funds to the Harkin amendment, sincere as it sues. But I say to my colleagues, if you finance any other Government program. pass the Kempthorne amendment, it is may be, my gosh, I doubt that any of My gosh, I do not see the logic in like putting lipstick on a corpse; it these three or four who have been argu- their arguments. I do know that when does not make it any more attractive. ing for it would raid the Social Secu- you talk about constitutional amend- It may add a little superficial appeal, rity funds. But they are only 4 of 100 ments, you do not legislate on con- but it is a cold corpse. That is what we people here. I can name at least 51 of stitutional amendments. I do know are talking about. them here who would raid those funds that if we do legislate on them and we The Kempthorne amendment says we every time they had a chance to do provide any loophole—I do not care are going to protect Social Security something noble and worthy. Why, we whether it is Social Security, veterans’ until next year when we might change do that all the time around here. They this statute and decide to loot it, just rights, you name it—that will be the loophole through which they will drive think every program is noble and wor- like we have been looting it every year. thy, and most of them are. Mr. President, that is not good enough. every spending program that they do not want to balance the budget with. The problem is, like drunken sailors, If we are going to have a balanced we cannot quit drinking because it is budget amendment enshrined in the The argument of the Senator from Iowa is an argument which says, more fun to spend money than to con- Constitution, then we ought to make serve money. That is what the bal- certain that enshrined in the Constitu- ‘‘Trust us wonderful Members of Con- gress by exempting Social Security.’’ anced budget amendment is all about. tion as well is the obligation that a It is against these gimmicks of trying trust fund is treated as a trust fund, He is saying ‘‘trust us’’ to the senior citizens and workers. It says to Ameri- to exempt anything. And then let us not as a honey pot, not as a place we go face it straight up in the implementing to loot in order to make balancing the cans, ‘‘Give us a constitutional exemption to the balanced budget rule, and legislation afterwards, and we will pro- operating budget easier. That is pre- tect our seniors, and there is nobody in cisely what this vote is all about. trust us to resist the pressure to fund worthy programs.’’ We are talking America who understands this who I thank the Chair and yield the floor. would doubt that. Mr. HATCH. Mr. President, I am real- about worthy programs, through Social Mr. CONRAD. Will the Senator yield ly interested in the argument of the Security trust financing. for a question? distinguished Senator from North Da- Does anybody in America believe Mr. HATCH. Yes. kota. He has just been making our that Congress can resist doing that, if Mr. CONRAD. I just ask the Senator, case. If you enshrine this into the con- we provide this loophole in the bal- in the balanced budget amendment you stitutional balanced budget amend- anced budget amendment? My gosh, ment, this statutory provision, that how could we resist this balanced budg- have outlined, what budget is being will be the loophole through which et spending loophole? Could the Con- balanced? every spending program in the country gress resist using any available money Mr. HATCH. Over a period of 7 years, will be able to be expanded—all at the to fund worthy programs, including So- we will have to have a glidepath to bal- expense of our senior citizens. cial Security moneys? That is why we ancing the Federal budget, and I be- The Senator from North Dakota have the deficit and debt problem we lieve it will be without utilizing Social makes our argument better than I have have. Congress is the fiscal drunken Security funds, as we do today, to help made it. Under the Harkin amend- sailor, and here these folks—and they do that. That is what I will be working ment—if we go to the Harkin amend- are sincere, and I have no doubt about on, and that is what the implementing ment—there is every opportunity and that; these are my dearest friends and legislation is. incentive to continue to use the Social these are great people, and they worry Mr. CONRAD. But that is not what Security Trust Funds to fund general about people who have disabilities and the amendment before us says, Mr. budget outlays. Every opportunity. they worry about our senior citizens. President. The amendment before us Look at how they are robbing it now. Everything they are doing here is sin- says that the budget that will be bal- Yes, they are looting it. We have all cere, but it is constitutionally very un- anced is all of the funds coming into kinds of programs that they define as sound. That is why we have to vote for the Federal Government matched Social Security that are now being the Kempthorne amendment. against the outlays of the Federal Gov- paid for under Social Security, as gen- The reason we have this huge debt ernment. And, by that definition, it eral budget outlays. and these deficit problems is because says we are going to use $636 billion of In fact, if Social Security is our only Congress cannot control itself. That is Social Security trust funds to balance way to borrow—and that is what we why we want a balanced budget amend- the budget. That is, in effect, looting would do by putting it in the actual ment. These folks—sincere and honest the Social Security trust funds in order January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1589 to balance the budget. It is commin- ‘‘Tax Notes.’’ The publication ‘‘Tax The PRESIDING OFFICER. The time gling the operating funds with the Notes’’ quoted the chairman of the of the Senator has expired. trust fund. House Judiciary Committee as saying Mr. REID. My 3 minutes are up? Mr. HATCH. Mr. President, if I could that failing to include Social Security The PRESIDING OFFICER. Yes. reclaim my time, that is not what the assets in the budget ‘‘would require us The Senator from Iowa has 1 minute amendment says. The amendment says to make spending cuts more sweeping left. we are not going to play this game of than currently contemplated’’—‘‘than Mr. HARKIN. I yield 15 seconds to legislating on the balanced budget currently contemplated.’’ They are the Senator. amendment. It basically says that the contemplating Social Security cuts. Mr. REID. So I say, let us defeat the sense of the Senate is that we will nei- And the only way to keep their hands Kempthorne amendment by agreeing to ther cut Social Security benefits nor off of it is to specifically exclude it the tabling motion that I am going to will we increase the Social Security from the balanced budget amendment make. taxes. That is all it says. and not do this fig leaf. And that is The PRESIDING OFFICER. Who We are going to have to face that what this is. The Kempthorne amend- yields time? problem post the balanced budget ment is a fig leaf. It is not only a fig Mr. HARKIN. Mr. President, I will amendment to do what the distin- leaf, it is a transparent fig leave. You use the remainder of my time. guished Senator says we have to do. can see right through it. Mr. KERREY. Will the Senator yield? The amendment by the distinguished How much time do I have remaining, Mr. HARKIN. I do not have any time. Senator from Iowa only provides a Mr. President? Mr. KERREY. I would, as the senior loophole through which we can ignore The PRESIDING OFFICER. The Sen- Senator from Nebraska did, ask unani- the law and actually call things Social ator has 4 minutes remaining. mous consent for 2 minutes. I want to Security and go right through the loop- Mr. HARKIN. I yield 3 minutes to the be the Senator to close, and I wanted 2 hole. Senator from Nevada, and more if he minutes. Mr. CONRAD. Will the Senator yield needs it. Mr. HATCH. How much time remains for a further question? Mr. REID. Mr. President, there is not on this side? Mr. HATCH. On your time, I will be happy to. a Democrat that is on the floor today— The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who and we will have others who will come ator from Utah has 6 minutes. yields time? over here—that has not, during their Mr. HATCH. I yield 2 minutes to the Mr. HARKIN. How much time do I campaigns, received information from distinguished Senator from Nebraska. have remaining? the group that my friend from Utah The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- has talked about. This senior group yields time? ator has 6 minutes remaining. that he talks about is a Republican Mr. HATCH. Is the Senator from Mr. HARKIN. I yield one minute to front organization. It does not rep- Iowa finished? the Senator for a question. resent mainstream American senior Mr. HARKIN. I was going to save my Mr. CONRAD. Mr. President, I would citizens. 45 seconds. say to the Senator from Utah, the bal- We have letters from the American The PRESIDING OFFICER. The Sen- anced budget amendment to the Con- Association of Retired Persons, the ator from Nebraska. stitution that is before us says, on line Committee to Save Social Security, Mr. KERREY. Mr. President, I rise, 7, page 3, ‘‘Total receipts shall include and other senior groups that represent as the senior Senator from Nebraska all receipts of the United States Gov- those people who do not have to have did, in opposition to both of these pro- ernment except those derived from bor- some front that is really only for a Re- posals. rowing.’’ That, by definition, includes publican Party. I understand the intent and I am the Social Security surplus. That, by Here is what the AARP says about sympathetic with the intent, but I definition, means that, unless we adopt this amendment: must say I believe it sends a very bad the Harkin amendment, you will be en- Only by specifically excluding Social Secu- message to the American people. It shrining in the Constitution that we rity in the balanced budget amendment it- sends a message that says the largest are going to loot the Social Security self can American families be sure that So- account we have in the Government, trust fund of $636 billion in the next 7 cial Security trust funds are protected from we are going to take it off the books. years alone. raids to balance the budget. I understand the reason for being The PRESIDING OFFICER. Who Mr. President, we are talking about cautious in this regard. I understand yields time? more than just people who are now the arguments that are made. But I Mr. HARKIN. Mr. President, I just drawing Social Security. We are talk- urge my colleagues to consider a rather want to also respond to the Senator ing about my daughter and my four lengthy document that was sent not from Utah. sons. Even my grandkids. I would like just to us but to the President of the He is saying that my amendment to to see, when they reach their golden United States in 1994. It is called ‘‘The actually enshrine it in the Constitu- years, when they go to the Social Secu- 1994 Annual Report of the Board of tion to exclude it from the constitu- rity drawer, that there is money in it. Trustees of the Federal Old Age and tional amendment to balance the budg- And there will not be unless we exempt Survivors Insurance and Disability In- et would have the people saying, the Social Security trust fund from the surance Trust Fund,’’ the trustees that ‘‘Trust us.’’ That is not quite so. balanced budget. manage the Social Security trust fund, The Kempthorne amendment tells My friend from Utah, the manager of with three Cabinet Secretaries out of the elderly to trust us. My amendment the bill presently, was an outstanding six people that have signed this thing says to the elderly, ‘‘Trust the Con- trial lawyer. I personally did not have saying to us that Social Security is in stitution of the United States.’’ They trials in the same judicial district as trouble. have trusted us, and the Senator from he, but I have heard about him. ORRIN Now, I appreciate, for a variety of North Dakota has shown how the So- HATCH was a fine trial lawyer. As a re- reasons, that we want to leave this cial Security trust fund has been sult of that, I know that my friend had thing alone. But I think it sends a very looted. I say now it is time to put our trust funds set up in his law office. bad signal to the American people that, trust in the Constitution of the United If a lawyer violates a trust fund, he is right at the beginning with the consid- States and not in this legislative body. either censored, disbarred, or somehow eration of a balanced budget amend- Mr. HATCH. Will the Senator yield? reprimanded by the bar association ment, we are going to take the most Mr. HARKIN. Let me just finish. I do which has authority over him, or that contentious and most difficult thing of not have much time. I have to yield to person goes to jail. We want to bar any all off the table. the Senator from Nevada. type of similar tampering with the So- Mr. REID. Will my friend yield so I If you think I am wrong, look at cial Security trust fund. We can only may respond to a question because, in what the chairman of the House Judici- do this by expressly exempting the So- effect, he did ask a question. ary Committee said on January 16 in cial Security trust funds. Mr. KERREY. I only had 2 minutes. S 1590 CONGRESSIONAL RECORD — SENATE January 26, 1995 The PRESIDING OFFICER. The Sen- sion that a non-binding resolution protects tutional a way as I know. We do not ator’s time has expired. Social Security from substantial risk. want to clutter up the constitutional Who yields time? The American people have grown angry amendment. That is what implement- Mr. HARKIN. Mr. President, I guess I and wary of promises from Washington. To ing legislation is for. That is the way have about 45 seconds remaining. tell the American public that Social Secu- rity is protected—and then fail to address we should do it. I hope people will vote I ask unanimous consent, first of all, the issue directly—will only lead to an in- against the motion to table. to have printed in the RECORD the let- crease in the cynicism that is currently Mr. SIMPSON. Mr. President, I rise ter from Horace Deets, from the AARP. prevalent throughout the nation. to offer a brief statement explaining There being no objection, the letter Sincerely, my vote in favor of the Kempthorne was ordered to be printed in the HORACE B. DEETS, amendment—in opposition to the ta- RECORD, as follows: Executive Director. bling motion—pertaining to Social Se- AMERICAN ASSOCIATION OF Mr. HARKIN. Again, Mr. President, I curity. RETIRED PERSONS, will just close by saying, if you want a I join my colleagues in voting for Washington, DC, January 26, 1995. fig leaf, a transparent fig leaf, you can this amendment because I do believe U.S. HOUSE OF REPRESENTATIVES, vote for the Kempthorne amendment. that it is absolutely vital to replace Washington, DC. That is all it is. DEAR REPRESENTATIVE: The House engaged the language in the underlying Harkin in a vigorous debate on Wednesday, January But you are sending a signal to the amendment. As I stated during Judici- 25th, over the status of Social Security in a elderly of this country and the workers ary Committee consideration of the balanced budget amendment. In light of the of this country, ‘‘Look out, because we balanced budget amendment, I strongly debate, the American Association of Retired are going to raid the Social Security oppose carving out exemptions from Persons (AARP) wishes to make clear its trust fund.’’ Just like the Senator from view. the balanced budget amendment for North Dakota, Senator CONRAD, said, it any statutory program, whether they The Association continues its long-stand- is there and they are going to raid it to ing belief that the balanced budget amend- be for Social Security, or veterans’ ment is a bad idea. In any event, if an balance the operating budget. And I benefits, or defense, or child nutrition, amendment should pass, Social Security say, ‘‘No way.’’ It is time for Senators or anything else. should be specifically excluded for the fol- to stand in the doorway and say, ‘‘Ab- There is no question at all that the lowing reasons: solutely not.’’ We will use Social Secu- underlying Social Security exemption Social Security is a self-financed program rity for the retiree, and not to balance amendment, as advanced here by Sen- based on contributions from employers and the budget on the operating side, as ator HARKIN, and as will be advanced employees that are credited to the Social Se- they want to do with it. curity trust funds. during floor consideration of the bal- Vote down the Kempthorne amend- Social Security currently has over $400 bil- anced budget amendment, is nothing ment and put some teeth in it by ex- lion in reserves and is not contributing one less than an attempt to kill the bal- empting it from the Constitution. penny to the deficit. The reserve is projected anced budget amendment outright. We to grow by about $70 billion dollars this year Mr. HATCH. Mr. President, I hate to all know that. It is part of a concerted alone; and say it. I recognize the sincerity of my strategy to begin the piecemeal dis- Raiding the trust funds would be devastat- friends and colleagues, and I think mantling of the balanced budget ing to both current and future beneficiaries they are striving to do the same thing and would further undermine confidence in amendment, beginning first with the as all Senators on this side. The dif- this nation’s most important program. most politically sensitive program of The Association is concerned that yester- ference is we do not want to write it into a constitutional amendment when all. day’s vote on the Flanagan resolution may I would like to simply say a brief mislead the public into believing that Social we know that we can accomplish that Security has been protected. Whatever the better and in a more statutorily re- word about where I personally differ intent, a non-binding resolution can in no fined and constitutional way in the im- from many of my colleagues, even way substitute for language in the amend- plementing legislation. many of my Republican colleagues, as ment itself. Indeed, the resolution, while to whether we should consider any perhaps expressing the intent of the current The Harkin amendment says, ‘‘Give us an exemption and we will figure out changes to Social Security. I will Congress, would have no impact whatsoever shortly be chairing the Social Security on a future Congress. how big it is later,’’ because I do not The vote in the Judiciary Committee to re- see how anybody can argue against the Subcommittee of the Finance Commit- ject a specific exclusion for Social Security fact that it becomes a loophole if it is tee, and I will certainly be giving my in the amendment makes it clear that Social put into the Constitution. A loophole earnest attention to whatever changes Security remains ‘‘on the table.’’ In fact, the through which anybody—any sincere, are necessary to restore that system to proposed Constitutional amendment, by ref- dedicated, kindly person—can drive long-term solvency. Proponents of the erencing all receipts and outlays, would re- any favorable legislation through. Just exemption speak of a ‘‘contract’’ with verse action taken in 1990 to take Social Se- our senior citizens. In my view, part of curity ‘‘off-budget.’’ The Constitutional by calling it Social Security. amendment thus puts Social Security at The way to protect Social Security that ‘‘contract’’ means making certain risk, and a non-binding resolution simply under a balanced budget amendment is that the system remains solvent. will not save it. the way suggested by the Kempthorne But I will vote with my Republican Only by specifically excluding Social Secu- second-degree amendment. It protects colleagues against the motion to table rity in the balanced budget amendment it- Social Security benefits from cuts and the Kempthorne amendment, because I self can American families be sure that the believe it is crucial to make the point Social Security trust funds are protected stops tax increases against our workers from raids to balance the budget—a promise while protecting a balanced budget. that we will not be balancing the budg- made by the leadership of both parties dur- Under the Harkin amendment, if that et on the backs of Social Security re- ing and after the November election. were to become law, benefits can be cipients. If retirees need a signal, need Members of the House may honestly dis- cut, and Social Security taxes can be some assurance, that balanced-budget- agree on whether Social Security should or increased. It does not protect seniors. implementing legislation will not should not be exempt from the balanced If truth is known, if we have that loop- mean an assault on the Social Security budget amendment. However, the way to re- surplus, then I am perfectly willing to solve this issue would be to vote on a specific hole, then everybody will be raiding amendment to the balanced budget amend- the Social Security account to do good make that clear to them. Indeed, So- ment itself, not by voting on a non-binding with their programs. It is just that cial Security will be in surplus at all resolution that may only mislead the public. simple. It is just that simple. times before the year 2002, when the AARP believes that while Social Security I take it the distinguished Senator balanced budget amendment is to be is currently in good financial shape, its long- from Nevada is going to move to table fully implemented. It does not project term solvency must be addressed within the the Kempthorne amendment. I will be toward insolvency until the year 2029. next few years. However, any changes to the happy to yield back the balance of our That date is moving ever closer, but I Social Security system must be used only for the long-term solvency of the program. So- time. I hope we will vote against ta- do not expect it to get anywhere close cial Security should not be put at risk for a bling, because the way the distin- to 2002. Thus, we can be reassuring deficit it did not cause. The House—and the guished Senator from Iowa and his col- about Social Security’s future prior to American people—should be under no illu- leagues would like to go is as unconsti- that date. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1591 I vote for this amendment to make amendment, I wanted to make abso- Bradley Gramm McCain clear that when I speak of reforming lutely clear that it was understood Breaux Grams McConnell Brown Grassley Mikulski entitlement programs, I do not mean that charges of raids on Social Secu- Bryan Gregg Moseley-Braun using entitlement cuts to correct im- rity amounted to whole schools of red Bumpers Harkin Murkowski balances in other parts of the Federal herrings, and that the short-term task Burns Hatch Murray Nickles budget. I mean restoring balance and of balancing the budget by the year Campbell Heflin Coats Helms Pell sanity to entitlements programs them- Pressler 2002 was unrelated to the long-term Cochran Hollings Pryor selves. So I will vote against the mo- problems in Social Security. Cohen Hutchison tion to table the Kempthorne amend- Reid However, I personally do not wish to Conrad Inhofe Roth ment, with the caveat that I personally tie my own hands by making sweeping Coverdell Inouye Santorum will be examining all issues pertinent blanket declarations that no changes Craig Johnston Shelby D’Amato Kassebaum to Social Security—not as a part of whatsoever can be made in Social Se- Simon Daschle Kempthorne Smith balanced-budget-implementing legisla- curity. I am in the process of assuming DeWine Kennedy Snowe tion—but rather in meeting my respon- the chairmanship of the Social Secu- Dole Kerry Specter sibility to ensure that the Social Secu- rity Subcommittee of the Finance Domenici Kohl Stevens rity system remains sound and reliable Committee. In that capacity I am Dorgan Kyl Thomas for future generations as well as the Faircloth Leahy Thompson obliged to ensure that Social Security Feingold Levin Thurmond current one. remains stable and available for future Feinstein Lieberman Warner Mr. REID. Mr. Preident, I move to generations as well as for current retir- Frist Lott Wellstone table the amendment and I ask for the ees. If it requires reforms, then I will Glenn Lugar yeas and nays. certainly propose reforms. That is my Gorton Mack The PRESIDING OFFICER. Is there a policy, and it is my responsibility in NAYS—16 sufficient second? that capacity. It has nothing to do There is a sufficient second. Byrd Jeffords Robb with the balanced budget amendment. Chafee Kerrey Rockefeller The yeas and nays were ordered. I did not want to vote in favor of the Dodd Lautenberg Sarbanes The PRESIDING OFFICER. The Kempthorne amendment, knowing full Exon Moynihan Simpson question is on agreeing to the motion well that it would pass in any event, Graham Nunn Hatfield Packwood to lay on the table the amendment of because if I conclude that Social Secu- the Senator from Idaho. The clerk will rity is best served by reforms that I NOT VOTING—1 call the roll. would advocate—including in budget Ford The legislative clerk called the roll. implementing legislation some time The result was announced—yeas 44, before 2002—then I would indeed rec- So the amendment (No. 196) was nays 56, as follows: ommend the inclusion of such reforms. agreed to. [Rollcall Vote No. 50 Leg.] I do not want there to be any mistake, Mr. GLENN. Mr. President, I move to YEAS—44 any misunderstanding, any suggestion reconsider the vote. Akaka Exon Leahy that I had ever promised to advocate Mr. CRAIG. I move to lay that mo- Baucus Feingold Levin tion on the table. Biden Feinstein Lieberman no changes at all. Bingaman Ford Moynihan Social Security has serious problems The motion to lay on the table was Boxer Glenn Murray coming, very real problems—an insol- agreed to. Bradley Graham Nunn vency date of 2029 and growing nearer— The PRESIDING OFFICER. Under Breaux Harkin Packwood Bryan Hatfield Pell a plummeting worker to collector the previous order, the Senator from Bumpers Inouye Pryor ratio—and internal deficits that will Iowa is recognized to offer an amend- Byrd Jeffords Reid begin in the year 2013 under all current ment. Chafee Johnston Robb projections. I am determined to face Conrad Kennedy Rockefeller AMENDMENT NO. 224 Daschle Kerrey Sarbanes those problems head on and to rec- Dodd Kohl Wellstone ommend solutions to them. I voted (Purpose: To express the sense of the Senate Dorgan Lautenberg against tabling the Kempthorne regarding the exclusion of Social Security NAYS—56 amendment because it was crucial to from calculations required under a bal- Abraham Gramm Mikulski displace the underlying Harkin lan- anced budget amendment to the Constitu- Ashcroft Grams Moseley-Braun guage, but I want to convey with ut- tion) Bennett Grassley Murkowski Bond Gregg Nickles most clarity that my own position and Mr. HARKIN. Mr. President, I send Brown Hatch Pressler my own analysis will oblige me to cor- an amendment to the desk and ask for Burns Heflin Roth rect the deficiencies that certainly now its immediate consideration. Campbell Helms Santorum exist within the system. Coats Hollings Shelby The PRESIDING OFFICER. The Cochran Hutchison Simon I submit this statement in order that clerk will report. Cohen Inhofe Simpson the RECORD will show why I voted ‘‘no’’ The bill clerk read as follows: Coverdell Kassebaum Smith on this amendment after voting Craig Kempthorne Snowe against the tabling motion. The Senator from Iowa [Mr. HARKIN] pro- D’Amato Kerry Specter poses an amendment numbered 224. DeWine Kyl Stevens The PRESIDING OFFICER. The Dole Lott Thomas question now is on agreeing to amend- Mr. HARKIN. Mr. President, I ask Domenici Lugar Thompson ment No. 196 offered by the Senator unanimous consent that reading of the Faircloth Mack Thurmond Frist McCain Warner from Idaho [Mr. KEMPTHORNE]. The amendment be dispensed with. Gorton McConnell yeas and nays have been ordered. The The PRESIDING OFFICER. Without So the motion to lay on the table the clerk will call the roll. objection, it is so ordered. amendment (No. 196) was rejected. The legislative clerk called the roll. The amendment is as follows: Mr. SIMPSON. Mr. President, I rise Mr. FORD: I announce that the Sen- At the end of the amendment add the fol- to explain my vote against the ator from Kentucky [Mr. FORD] is nec- lowing: Kempthorne amendment. essarily absent. (a) FINDINGS.—The Senate finds that— Moments ago, I voted against the The PRESIDING OFFICER (Mr. BEN- (1) social security is a contributory insur- motion to table the Kempthorne NETT). Are there any other Senators in ance program supported by deductions from amendment. I did so because I believed the Chamber who desire to vote? workers’ earnings and matching contributions from their employers that are deposit was absolutely vital to displace the The result was announced—yeas 83, nays 16, as follows: ited into an independent trust fund; language in the underlying Harkin (2) over 42,000,000 Americans, including amendment. I will also vote to table [Rollcall Vote No. 51 Leg.] over 3,000,000 children and 5,000,000 disabled the Harkin language again when it is YEAS—83 workers and their families, receive social se- offered as a second-degree amendment. Abraham Baucus Bingaman curity benefits; As I stated in my remarks against Akaka Bennett Bond (3) social security is the only pension pro- the motion to table the Kempthorne Ashcroft Biden Boxer gram for 60 percent of older Americans; S 1592 CONGRESSIONAL RECORD — SENATE January 26, 1995 (4) almost 60 percent of older beneficiaries That means it is just a law, like any- I say the odds of that are small, very depend on social security for at least half of thing else we pass around here. We can small. What Congress will do is, if you their income and 25 percent depend on social change it tomorrow, change it next do include Social Security in with con- security for at least 90 percent of their in- week, change it next year. Basically, come; sidering how to balance the budget, (5) without social security an additional what that argument says to the elderly with that $700 billion in there by the 15,000,000 Americans, mostly senior citizens, of our country is, trust us, we will take year 2000, believe me, that is where this would be thrown into poverty; care of it. As the Senator from North body will go to get the money to bal- (6) 138,000,000 American workers partici- Dakota showed in an earlier debate be- ance the budget. pate in the social security system and are in- fore the vote on the Kempthorne Again, you do not have to take my sured in case of retirement, disability, or amendment, the senior citizens have death; word for it. We had a vote already in every right not to trust the Congress. the Senate Judiciary Committee just (7) social security is a contract between The Social Security trust fund today workers and the Government; the other day. Let me read the lan- is being raided every year to pay for (8) social security is a self-financed pro- guage of the constitutional amendment the Government’s operating expenses. I gram that is not contributing to the current reported by the Senate Judiciary Com- Federal budget deficit; in fact, the social se- daresay that if a balanced budget curity trust funds currently have over amendment is passed and ratified with- mittee. Here is the language: $400,000,000,000 in reserves and that surplus out a specific exemption for Social Se- Total outlays for any fiscal year shall not will increase during fiscal year 1995 alone by curity, that Social Security is exactly exceed total receipts for that fiscal year, unan additional $70,000,000,000; where the money will be gotten to bal- less three-fifths of the whole number of each (9) this surplus is necessary to pay month- ance the budget. It’ll be taken right House of Congress shall provide, by law, for ly benefits for current and future bene- out the of the Social Security trust a specific excess of outlays over receipts by ficiaries; a rollcall vote. (10) recognizing that social security is a fund. That would not only be unfair to self-financed program, Congress took social the seniors who are retired, or those That language, Mr. President, clearly security completely ‘‘off-budget’’ in 1990; workers who are retiring soon, but it includes Social Security receipts and however, unless social security is explicitly would be unfair to those young people benefit payments to recipients. Cutting excluded from a balanced budget amendment now who are paying into the Social Se- Social Security benefits would reduce to the United States Constitution, such an curity system, because they will not be the budget deficit under the Senate Ju- amendment would, in effect, put the program diciary Committee measure that will back into the Federal budget by referring to certain it will be there when they re- all spending and receipts in calculating tire. be before us next week. This issue was whether the budget is in balance; I found rather unique the arguments debated in the committee. An amend- (11) raiding the social security trust funds of the Senator from Utah, my good ment was offered, I believe, by Senator to reduce the Federal budget deficit would be friend, Senator HATCH, that if we take FEINSTEIN from California—an amend- devastating to both current and future bene- Social Security out of the figuring for ment to exempt Social Security. It was ficiaries and would further undermine con- the balanced budget amendment, then debated and a vote was taken. The vote fidence in the system among younger work- it can be the catchall for all these ers; was 10 to 8 to reject the Feinstein (12) the American people in poll after poll other programs. He says we could run amendment. In other words, it was 10 have overwhelmingly rejected cutting social poverty programs through it and chil- to 8 on the Judiciary Committee to security benefits to reduce the Federal defi- dren’s programs and everything else. I keep Social Security in the consider- cit and balance the budget; and would like to know how he is going to ation of how we balance the budget, to (13) social security beneficiaries through- do that, because Social Security is a figure it into the calculations as to out the nation are gravely concerned that trust fund, specifically delineated in whether it is balanced or not. their financial security is in jeopardy be- law that goes for specific limited pur- cause of possible social security cuts and de- So, again, I think the Judiciary Com- serve to be reassured that their benefits will poses, and always had. That trust fund mittee is telling us: Look out, Social not be subject to cuts that would likely be is funded out of specific employer and Security is at dire risk. Well, that was required should social security not be ex- employee payroll contributions. You the committee. I do not believe we cluded from a balanced budget amendment can call Social Security right now and have to follow the committee. I believe to the United States Constitution. find out exactly how much money you now we can pass the amendment I have (b) SENSE OF THE SENATE.—It is the sense have put into the trust fund and what sent to the desk to provide a clear of the Senate that any joint resolution pro- you would have available when you re- viding for a balanced budget amendment to sense-of-the-Senate resolution that, in the United States Constitution passed by the tire. fact, we are going to exempt Social Se- Senate shall specifically exclude social secu- Legislation could be passed setting curity from calculations under the bal- rity from the calculations used to determine up another, separate trust fund to be anced budget amendment. if the Federal budget is in balance. taken out of your paycheck to pay for The Kempthorne amendment does another program. Can Congress do The PRESIDING OFFICER. Debate not exempt Social Security, does not that? Absolutely. If we wanted to, we on the pending amendment offered by keep it out of how you figure a bal- can set up a trust fund next week to the Senator from Iowa is limited to 1 anced budget amendment. It only says pay for Head Start and take it out of hour, equally divided by Senator that later on down the road, when you KEMPTHORNE and the Senator from people’s paychecks. We can do that. I do not think we are going to, and to have implementing legislation, you Iowa. cannot use it. But that is just a law Mr. HARKIN. Mr. President, we have my knowledge, no one has ever sug- and history shows us that laws imple- just finished the skirmish, so to speak, gested that. I would not suggest that. menting constitutional amendments and we have all had a chance to vote on But that is how we would do what the have been changed many, many times. a figleaf. That is what the Kempthorne Senator from Utah suggested. amendment was, nothing more, noth- I think the odds of doing that are in- As I pointed out, we had a constitu- ing less. We all recognize it as that. finitesimal, compared to the odds of tional amendment in 1913 that said the The senior citizens groups also recog- this body, the Senate and the House, Federal Government could levy an in- nize it as a figleaf. Let us recap exactly using the Social Security trust fund to come tax, taxes on income. why that is so. balance the budget, unless we specifi- Later on, we had implementing legis- The Kempthorne amendment, again, cally exempt Social Security out of the lation called the IRS Code. We change only says that on consideration of the constitutional amendment. Understand that just about every year. We could do balanced budget amendment to the this argument, because it comes to the the same thing to protections against Constitution, in the implementing leg- heart of the argument of the Senator cutting Social Security under the islation—that is, if it passes and you from Utah. He says that if we keep the Kempthorne approach. implement it—only in the implement- Social Security trust fund out of con- If you really want to protect Social ing legislation do we not consider So- sideration on balancing the budget, we Security, make it clear in the balanced cial Security in figuring out whether will put all of the programs we want budget amendment that when we cal- or not we are really balancing the into it, which would require us to set culate receipts and expenditures, So- budget. up separate trust funds. cial Security is out of that calculation. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1593 So basically what my sense-of-the- Security a destabilizing mechanism Mr. HARKIN. Mr. President, how Senate resolution says is—and I will which defeats a balanced budget resolu- much time do I have remaining? read it: tion. The PRESIDING OFFICER. The Sen- It is the sense of the Senate that any joint Robert J. Myers, who for 30 or 40 ator from Iowa has 22 minutes remain- resolution providing for a balanced budget years of his professional life served in ing. amendment to the United States Constitu- the Social Security Administration Mr. HARKIN. Mr. President, my good tion passed by the Senate shall specifically and was known as the father of Social friend, the Senator from Idaho, has exclude Social Security from the calcula- said something about: Do we have to tions used to determine if the Federal budget Security, said to us at that time, and is in balance. let me repeat the general intent of his vote again? We have already voted twice on this. Well, yes, we do have to A lot different than what Senator comments and letters: The way you vote again. We have to vote again to KEMPTHORNE’s amendment was; a lot protect Social Security is to balance clear it up and to make crystal clear different. the Federal budget. The way you main- just exactly what it is we do intend to As I said before, that was a fig leaf. tain the integrity of the trust funds is do and what we want to do. The votes we had before were a skir- to stop the raiding that that Senator The Senator from Idaho has said he mish. I said, not even a fig leaf, a and this Senator and all of us have could not understand what it is that I transparent fig leaf. done by voting for the current budgets intend. He says Congress has just spo- Now comes the real vote. Do Sen- that use the accountable reserves as ken that we have the intent to protect ators really want to protect Social Se- part of a way of masking over the defi- Social Security. Let me repeat that. curity, protect it by saying, ‘‘Yes, we cit spending that we do. will have a constitutional amendment Now we are all guilty of that because The Senator from Idaho said that the to balance the budget and if we have of the nature of the budgeting system Senate has just spoken that we have that, we are going to specifically ex- of our Government. We know it and the the intent to protect Social Security. clude Social Security from it″? That is American people know it. Weigh those words carefully. the only way we can protect it. I am not quite sure we accomplish I remember when I was in Catholic If we do not, again, all Congress is anything here this evening beyond an- school, Sister Rose Angela said some- saying to the people is, ‘‘Trust us.’’ other vote which could well come up thing to me when I believe I was in sixth grade. I will never forget what Well, as I said earler, that’s as comfort- like all of the past votes. And it will Sister said to me. ‘‘Just remember, the ing as when a used car salesman says, not be a determiner. It will not be any- road to hell is paved with good inten- ‘‘Take the car, you don’t need a guar- thing that the Senator from Iowa can tions.’’ I am sure we have all heard antee. Trust me. It will run.’’ go to a press conference and say, ‘‘You that before. I say if it is important enough to put see, I, and no one else, am the sole de- Oh, we can intend not to raid the So- in the Constitution of the United fender of the Social Security system of cial Security trust fund, we can say States a requirement that we balance this country.’’ That would not be a that now, but those intentions can be the budget, and I believe it is, it is valid statement for him to make, or for washed away by a constitutional equally as important to put into that me, for that matter, to make. amendment that requires us to balance Constitution that Social Security is The bottom line is there is a clear in- the budget and does not exclude Social exempt from that calculation. tent—whether it is expressed through Mr. President, I reserve the remain- Security from that calculation and the Kempthorne amendment, as it leaves all that money dangling out der of my time. amended the Harkin amendment, or Mr. CRAIG addressed the Chair. there and saying, ‘‘Yeah, good inten- whether it is the Harkin amendment as tions.’’ But when the Constitution de- The PRESIDING OFFICER. The Sen- the Harkin amendment attempts to ator from Idaho. mands for us to balance the budget and amend the Harkin amendment, as we have an easy pot to go to, that is Mr. CRAIG. Mr. President, it ought amended —and that is, of course, that now to be extremely clear to all of the where this body will go to. They will go Congress intends to work hard to bal- Senators what the intent of the Sen- to the Social Security trust fund. ance the Federal budget and in so ator from Iowa is, and that is the in- So my intention is very clear. No, doing to protect the Social Security tent of every other Senator. We have this Senator in no way believes that he system. now voted twice and he is asking us to is the sole protector of Social Security vote again that there is a general sense Therefore, it is my opinion, and I in the Senate. Absolutely not. I believe of the Senate that, as we move to begin think the opinion of most Senators, strongly in Social Security. I saw what the process of balancing the Federal that this effort at this moment in time happened to my own family. And my budget, we will protect Social Secu- is a phenomenal waste of our time as father, who went on Social Security, rity. That is exactly what the we move to try to solve the problem who worked on WPA in the Depression, Kempthorne amendment says. and pass a very important piece of leg- when he got injured later in life and re- The House, yesterday, spoke to that islation. And that is to create the tired, the only thing he had was Social issue as a sense of the Congress. They, mechanism that my colleague from Security, less than $2,000 a year. In too, want to protect Social Security. Idaho, Senator KEMPTHORNE, has so fact, if I am not mistaken, it was about I am not quite sure what the Senator clearly articulated here in the last $1,600 a year. That was the sole source intends, other than that if we vote numbers of days, now into the second of income for our family. I was 12 years often enough over the next 24 hours week, and that, of course, is to create old at the time. That was all we had, somehow we will indelibly plant in the a mechanism that causes the Congress other than what we earned working in minds of every citizen in this country to stop and look at itself and what it summers. that the Congress intends to do what does when we attempt to push forth So I come from a situation where I the Congress has twice said in the last mandates from this Government to the have seen Social Security first hand hour they intend to do. governments of the States and the and what it does. Through my service That is a bit frustrating—fig leaf, no local communities of our Nation. here over the last 20 years, I have seen fig leaf, big, small, transparent, I hope that Senators, if they are lis- time and time again little nicks here, opaque. The bottom line is the Con- tening to this debate, would recognize little pieces here, little bits there, try- gress of the United States has as its in- in the vote that is about to occur that ing to get at that Social Security trust tent, as we begin to balance the Fed- it is not like the other votes; in the fund. eral budget, a protection of Social Se- sense that it is redundant, yes, but in We did take it off budget, and we set curity. the sense that it accomplishes nothing. up an independent commission to ad- Last year, as we debated the bal- We have spoken. Why speak again minister it. That is the way it ought to anced budget resolution here on the and again and again? The record shows be. I think the Congress did the right floor, there was a hue and cry that the that it is the intent of this Congress to thing in that regard. But now if we put way you destroy Social Security is you protect Social Security as we work to it back in with the constitutional damage its integrity or you begin to balance the Federal budget. amendment to balance the budget, we create within the trust fund of Social I reserve the remainder of my time. will wipe all that out because then the S 1594 CONGRESSIONAL RECORD — SENATE January 26, 1995 Social Security trust fund will be raid- changes, and Social Security has ment passes, is by a 51 vote, say, ‘‘OK, ed. evolved. we will balance the budget. Let us take So the vote we have coming up is to What the Senator is suggesting is it out of Social Security and use it in clear up what it is we intend to do. Do what the Senator from Utah tried to figuring the calculations of how we bal- we just want to have it on implement- express. I think the Senator from Utah ance.’’ That is where my friend from ing legislation, or do we believe Social referred to it as a ‘‘gigantic loophole.’’ Idaho mistakes the intent of my Security is important enough to pro- What the Senator from Iowa is saying amendment. tect it in the Constitution? is let us put the words ‘‘Social Secu- My amendment is not to lock in I ask my good friend, the Senator rity’’ in the Constitution; but what he place forever and ever exactly what So- from Idaho—I know he feels strongly does not say is that lying outside the cial Security is. That is not it. We can about a constitutional amendment to Constitution is the statutory ability of always change it. We will have to balance the budget. So do I. I have so this Senate to change the definition of change Social Security in the future. I voted in the past. I happen to believe what Social Security means. understand that. Everybody under- that, as important as it is to balance We can expand it, we can broaden it, stands that. What my amendment ad- the budget, it is equally as important we can reshape it, we can add programs dresses is that we can never use, we to ensure that the Social Security to it, all under the umbrella of that cannot be a simple majority vote here trust fund is kept separate and not fig- constitutional protection. Literally, we and say, ‘‘OK, now we will use Social ured in that calculation. could put the entire Federal budget Security, however we define it, to bal- So I ask, when it gets this time, under the umbrella if we could meet ance the budget.’’ Very simple. Very whether or not he thinks the Social Se- the definition so prescribed. straightforward. curity trust fund is that important. I I believe the Senator is inaccurate. I hope the Senator from Idaho under- do. Reducing the deficit is important, To change the statutory definition of stands that very crucial distinction. I but not reducing it on the backs of the Social Security, that would dramati- yield the floor. elderly and taking it away from the cally change the intent from this mo- Mr. CRAIG. Mr. President, before I workers today who expect that Social ment in time of his amendment. Em- yield to the Senator from Maine, let Security trust fund to be there. bodied in a constitutional amendment Again, keep in mind that the does not require a two-thirds vote of me repeat again, I believe the Senator Kempthorne amendment only talked the Congress, it requires a 51 vote of from Iowa just said this: ‘‘However we about the implementing legislation. this House and a 218 vote of the other redefine Social Security, that redefini- Well, Mr. President, we had the Civil body. tion is exempt from calculation.’’ I be- Rights Act, which implemented the Now, that is exactly what would hap- lieve that is what he said. I think the 13th and 14th amendments to the Con- pen. I have looked at his wording, and RECORD ought to show that that is ex- stitution. They have been amended nu- I have helped craft the amendment actly what I was saying in my debate merous times. The Income Tax Code that will come to the floor in the next of a few moments ago. You have cre- implemented the 16th amendment, couple of days. I have spent a lot of ated a giant definitional loophole that adopted in 1913, and amended about time with constitutional scholars over a majority vote of the U.S. Congress every year. It is true that any so-called the last 6 years. To the Senator from can vote at will, for good or for bad. protection that we have under the Iowa, here is what they have told us. I yield such time to the Senator from Kempthorne amendment is fleeting, at Mr. HARKIN. I was yielding to the Maine as he may consume. best. Senator for a question. If the Senator Mr. COHEN. Mr. President, I will try Lastly, I ask my friend from Idaho, wants to use a lot of time, I hope it to be very brief. I believe it was yester- and he is my friend, to consider this: If will be considered on his time. day that a meeting was held, chaired we intend to protect Social Security, Mr. CRAIG. I will deal with it on my by Senator DOLE, the majority leader, and I believe the Senator does, but if own time. But I must stay with the talking about quality of life in the Sen- all we do is protect it by saying that premise when we put wording in the ate. I decided not to go. This is a sub- sometime in the future, with imple- Constitution that can be redefined by ject matter that has been raised time menting legislation, we will do it, I ask statute by the Congress of the United and time again as to whether or not the Senator from Idaho how many States that you can change at any mo- there might be some way to get control votes does it take to change implement in time the given meaning of of the schedule, to be more disciplined menting legislation? If I am not mis- those words. in our habits, perhaps to try to accom- taken, I believe it takes 51 votes in this Mr. HARKIN. I appreciate that. I modate Senators who still have young body. If, however—and I ask my friend hope the Senator would be as generous families. I do not. Mine are all grown to consider this—we exclude Social Se- yielding to me as I have been to him. I and married. curity from the constitutional amend- know he will be. I decided just not to bother anymore, ment and that amendment is adopted Mr. CRAIG. I will. because I see nothing but a repetition and becomes a part of the Constitution, Mr. HARKIN. Mr. President, yes, of what has been going on for too many then it is not 51 votes to change Social Congress can change by statute the years now. Nothing has changed. If Security, not 51 votes to use it; it will definition of Social Security. The Sen- anything, it has gotten worse. As I left take a two-thirds vote and an amend- ator is absolutely right about that. the Chamber on the last vote, a group ment to the Constitution to change it. There is one thing, however, we can- of reporters were waiting outside. They Mr. CRAIG. Will the Senator yield on not change by statute if my amend- said, ‘‘Do you think the Democrats are that, if he directed that to me as a ment is adopted and the Reid amend- lining up their 30-second spots right question? ment is passed when he offers it next now?’’ Mr. HARKIN. I am delighted to yield week. There is one thing that cannot I said, ‘‘In all probability, they are.’’ to my friend. be changed. But the fact of the matter is, I do not Mr. CRAIG. The Senator’s vote If the Senator will read my amend- think that is going to work anymore. counts, I believe, are correct, but there ment, it says that ‘‘Any legislation re- They can produce all the 30-second is a problem with what he says. quired to implement a balanced budget spots that they want, but the American If we place within the Constitution amendment to the U.S. Constitution people, I hope, are going to be informed the words ‘‘Social Security,’’ we do not shall specifically exclude Social Secu- enough and surely intelligent enough by constitutional wording define what rity from the calculations used to de- to see what is going on here. it means. By his own admission, the termine if the Federal budget is in bal- I want to know why is this amend- Senator says we define what Social Se- ance.’’ ment being debated at 5:30 in the after- curity means in statute. Since its in- That is one thing we will not be able noon? For the past week and a half, we ception through until just the last few to touch. Now, that is what I am get- have been talking about unfunded man- years, we have constantly redefined it ting at. We can always change the defi- dates, and now we have switched to as we felt there was a need to change nition of Social Security, obviously. talking about balanced budget amend- it—demographics change, the economy But what we cannot do, if my amendments and Social Security. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1595 I do not defer for 1 second to the Sen- Representatives. I can recall an issue ject matter but because it is not rel- ator from Iowa about his concern for in the very final days of the last ses- evant to the issue at hand, and we Social Security. I have a dad who is 86 sion, a very, very bitter dispute dealing ought to complete the debate on un- years old. He is still working 18 hours with the California wilderness bill. I funded mandates, we ought to move on a day, 6 days a week, and all he takes was one of those who resisted the to the balanced budget amendment, we home, frankly, is Social Security. Ev- temptation, and there was great temp- ought to take up the Social Security erything else has to stay with the busi- tation, because those on the other side amendment at that time and debate it ness to help keep it going so he can of the aisle, every single Democrat at that time and debate it as vigor- continue to work. There is nothing lined up behind that bill—even some of ously and as long as necessary. else. There is no pension plan. There is those who initially opposed it. It be- This is not the time for a full-fledged no other thing he has in the way of re- came a partisan issue. debate on this issue. Frankly, even in sources. I think I know what Social Se- Once again, I tried to respond to view of the limited time agreed to, all curity means to him and my mother. I what I felt were the merits of the issue. we are going to do is face ‘‘Senate must say, for anyone to stand on the I was in disagreement with some of my Votes Down Protection for Senior Citi- floor and claim a corner on morality or Republican colleagues, but I wanted to zens.’’ That is what is going to come they alone are trying to protect the put aside partisanship. out. Social Security system from assault by I think that what we have seen is a I recall a headline back home that Members on this side of the aisle is out destruction of civility, not only in this Senator SNOWE and I had occasion to of line. It is out of line on its merits society, but right here in this Senate read: ‘‘Cohen and Snowe Vote Against and its timing. Chamber; that we are going to con- Cutting their Own Salaries.’’ That is Next week we are supposed to debate tinue to offer amendments because another little amendment that was of- the balanced budget amendment. I ex- Members feel passionate about an fered to the unfunded mandates bill. Or pect that debate to take weeks—not issue, whether it is germane to the bill, ‘‘Cohen and Snowe Vote Against Ban- days—but weeks, because every Mem- whether it is relevant to the bill, we ning Gifts by Lobbyists,’’ even though ber here will be entitled to offer what- are going to take hours to debate it, the majority leader has promised a ever amendment he or she desires, and it is going to be debated again. whether or not it is relevant or ger- I have no doubt about the outcome of vote on that issue in this session in the mane. this particular vote. There will be ta- very near future. I must say, I question the relevance bling motions and another amendment So we can continue to play the of this amendment to this bill. But will be considered and that will be games, and I know that Social Security here we are, because under the Senate adopted or tabled. Ultimately, we are is not a game for any of us in this rules each Member has an opportunity not going to deal with this issue today. Chamber, but what is taking place to offer an amendment of his or her We are going to deal with it next week right now is unnecessary. I think it is concern. or the week after that, and there may unfortunate, and what it is doing, it is I want to reiterate, now as chairman be—may be—bipartisan support at that contributing to the polarization of this of the Aging Committee, that we deal time. Chamber. with issues affecting our elderly popu- But if this continues along this line, I am going to be less and less encour- lation day in and day out. I have been I must say to my colleagues, I am find- aged to try to reach across the aisle on serving on that committee in the ing it increasingly difficult to be will- issues which I share with other Mem- House and the Senate since 1975. I do ing to reach across the aisle to join bers in this Chamber if we continue to not take a back seat to anyone in my hands with my colleagues on issues see amendments which have no rel- concern about issues affecting our sen- that they feel passionately about when, evance and no bearing on legislation ior citizens. But I must say that this is in fact, those issues have nothing to do under consideration and yet take up one more example of having to debate with the pending legislation—nothing hours and hours of debate. an issue which has no relevance—no to do with the pending legislation. This Mr. President, I yield the floor. relevance—to the unfunded mandates is an issue that ought to be debated Mr. HARKIN addressed the Chair. bill before the Senate. But here we are next week. When we take up the bal- The PRESIDING OFFICER. The Sen- taking up this issue because one Mem- anced budget amendment, there will be ator from Iowa. ber feels so strongly about it, and you a plethora, an abundance of amend- Mr. HARKIN. Mr. President, that was cannot feel any more strongly than ments to offer. Social Security is one quite a speech by the Senator from any of the others in this Chamber. We of them, and it ought to be debated at Maine. I agree with him, there is noth- all feel strongly about Social Security, length and as long as is necessary. ing partisan here. A lot of us do feel but now we are going to debate whose But I must say, I find it increasingly strongly about Social Security. It is intent is more sincere and who is try- difficult to try to put aside pettiness or not relevant to this bill, but it is rel- ing to pull the wool over whose eyes. put aside partisanship when I find that evant to the Senate and it is relevant Mr. President, I listened very care- the quality of life is not only deterio- to the debate here. fully to the President of the United rating but the quality of civility is de- As the Senator from Maine might re- States the other evening. I, unlike teriorating in both bodies. We saw an member, I tried earlier this year, the some of my colleagues who did not see example of that in the House yester- first vote we had in the Senate, to cut fit to go to the Chamber to listen to day, everybody taking down each oth- down on the filibuster. At that time, I the President’s speech, listened very er’s words. said one thing I do not want to give up carefully, and I wrote down the words What I think we have to do is return is the right of Senators to amend. We when he said, ‘‘Can’t we put a stop to to some sense of discipline and order should have open amendments, as we the pettiness and the partisanship?’’ and not worry about the reporters who do, nongermane amendments. We have And I wrote those two words down, be- are standing outside the Chamber say- that right. We ought to have the right cause I was asked about the speech ing, ‘‘Well, you guys went over the cliff to slow things down to make certain afterward. again on this one.’’ The Democrats just they are carefully considered. But I Frankly, I was very complimentary cannot wait to get those 30-second think the majority ought to be able to of the President’s speech, not its spots out that you voted against im- get its program through. Well, the length, necessarily, but the contents of munization or you voted against preg- RECORD will show we did not get one the speech and the tone of the speech. nant women or you voted against chil- vote from the other side for that. I thought it was conciliatory in tone. I dren and now you are voting against a So I am on record saying, yes, we thought he was reaching out to Repub- sense-of-the-Senate on Social Security. should not stymie the other side, the licans and saying, ‘‘Can’t we work to- They have those spots all lined up. And majority, but we ought to have open gether?’’ that is what is wrong with what is tak- amendments. That is what I have tried to do during ing place in today’s politics. I listened to the speech of the Sen- my last 16 years in this Chamber and in So we will have this vote. I think it ator from Maine. I remember last year, the 6 years I served in the House of is unfortunate, not because of the sub- we had bills on the floor dealing with S 1596 CONGRESSIONAL RECORD — SENATE January 26, 1995 domestic issues and we get an amend- Mr. President, I think we have pretty The PRESIDING OFFICER. The Sen- ment from the other side on Bosnia. I much spelled out what is at issue here. ator from Wyoming. do not remember—now the Senator can Lastly, I want to reference a recent Mr. SIMPSON. Mr. President, I urge correct me if I am wrong—but I do not poll by the Garin-Hart firm conducted my colleagues to join in tabling the remember the Senator from Maine giv- over the last month. It found that 81 Harkin amendment pertaining to So- ing that speech last year when all percent of Americans believe Social Se- cial Security. those nongermane amendments on curity should be exempt from a bal- There are so many reasons why this Bosnia were offered to domestic bills anced budget constitutional amend- amendment should be tabled. I am cer- we had here on the floor. I do not re- ment. And support for maintaining the tain that I cannot list more than a member that speech then. integrity of the Social Security pro- fraction in a brief statement. So, again, it is not partisanship. This gram also is very strong among young- First, this is neither the time nor the is the Senate. We have the right of er voters. This next item is very impor- place to be debating this. I share that open debate. We have the right to offer tant. When survey respondents were with my good friend from Iowa. We all amendments. I do not think we ought asked how their Member of Congress know Social Security is just a big to give up that right, whether the should vote if the only way to pass a bomb, and you roll it up and down the amendments are relevant to a particu- balanced budget amendment were to aisle here day and night, and people lar bill or not. This is the Senate, and include Social Security, three-quar- just shriek and run for the doors. we have the right of nongermane ters—75 percent—said their representa- I have been here 16 years. It is great amendments in the Senate. I do not tive should vote against this legisla- fodder to play with Social Security. think we ought to give that up. tion. But, ladies and gentlemen, Social Se- If we feel strongly about an issue, Let me repeat this important finding curity is going broke, and that is not yes, we ought to be able to bring it up from a very respected survey firm. the word of some reconstructed and debate it. I am not trying to pro- Eighty percent of the respondents said Reaganite or Reaganaut or whoever. It tract anything here. I agreed to an they wanted to exclude Social Security is the word of the trustees of the Social hour debate on my amendment. In fact, from the consideration of how to bal- Security system. The last report was I have been trying for 3 days to get my ance the budget. And when respondents from Senator Bentsen, Donna Shalala, amendment up. We finally got it under were asked how their representative Robert Reich, and two people outside a good time agreement. I have no prob- should vote if the only way to pass a the Government. The doomsday date lem with that. It is a fair and open de- balanced budget constitutional amend- has been moved up 7 years in 1 year. In- bate. ment were to include Social Security, stead of going broke in the year 2036, it We express ourselves time and time fully 75 percent said we ought to vote will go broke in the year 2029, and we again in sense-of-the-Senate resolu- against it. are all just ignoring it. tions. I think we ought to. That is ex- There is clearly a very deep and It is wonderful to hear the tales of actly what I am trying to do, is to get strong feeling among the people of this Social Security and violated trust and the sense of the Senate that we are not country. Quite frankly, I think the stealing the funds. I have heard those going to include Social Security when time is right. It is my intention, if an for years. The real issue is, as Senator we calculate a balanced budget con- exemption for Social Security is in- SIMON, our friend from Illinois, tells us, stitutional amendment. cluded in the balanced budget amend- is that in the year 2013 it will begin to Mr. President, how much time do I ment, to support that amendment. I go. And when it goes, it will end in the have remaining? basically feel it will be for the good of year 2029. So it is not the place to de- The PRESIDING OFFICER. The Sen- the country. But if not, I do not see bate this. As Senator CRAIG noted so ator from Iowa has 8 minutes 50 sec- how I can because I know full well, bar- well, the balanced budget amendment onds. ring all good intentions, that that pull, will be debated on this floor, and, wow, Mr. HARKIN. Mr. President, I do not that magnet of the Social Security that will be a spirited debate. Despite know of anyone else on this side who trust fund surpluses will be just too strenuous party efforts on the other wishes to speak. Let me close up my great, and that the funds will be raided side to delay it for many years or to remarks, first of all, by reading an ex- to balance the budget. I do not think hinder it in many ways, we are going cerpt from a letter from the American we ought to do it. to get to it next week. But inclusion of Association of Retired Persons. This is So the vote on the Harkin amend- this subject matter here is an effort to a group that represents over 30 million, ment is very clear. If you want to in- delay, in my mind, and obstruct the I believe, mainly retired citizens in clude Social Security in calculating unfunded mandates bill. this country. I’ll read just several para- how we balance the budget, you can I do not know, in my time here, that graphs. It says: vote against my amendment. If you be- I have ever seen a freshman Senator The vote in the Judiciary Committee to re- lieve Social Security ought to be taken work with more diligence, skill, and ject a specific exclusion for Social Security off, ought to be exempted, ought not to patience and kindness and generosity in the amendment makes it clear that Social be figured in on how you calculate a than Senator KEMPTHORNE. I feared Security remains on the table. In fact, a proposed constitutional amendment, by ref- balanced budget, then you ought to that all of us would flunk the test, erencing all receipts and outlays, would re- support the amendment, because it knowing the Senator from Iowa as I do; verse action taken in 1990 to take Social Se- sends a sense-of-the-Senate resolution he and I have had some spirited con- curity off budget. The constitutional amend- that this is what we intend to do. versations in this Chamber in years ment thus puts Social Security at risk and a So I hope Senators will support it, past and will probably have many nonbinding resolution simply will not save not in any partisan fashion, but in a more. With Senator GLENN, the more it. Only by specifically— way of sending a very clear, powerful, senior Member, working with the jun- and this is the guts of this letter— unmistakable, unequivocal message to ior Member, it is a pleasant thing to only by specifically excluding Social Secu- the people of this country that Social watch that type of bipartisan coopera- rity in the balanced budget amendment it- Security is not going to be tampered tion. They will get there and soon. But self can American families be sure that the with when we try to balance the budg- I think that we will talk about exemp- Social Security trust funds are protected et. tions when we get to that. from raids to balance the budget, a promise Mr. President, I reserve the remain- I think it is a grave mistake, second, made by the leadership of both parties during and after the November election. der of my time. to make an amendment to the Con- Mr. CRAIG addressed the Chair. stitution dependent upon an individual The letter continues: The PRESIDING OFFICER. The Sen- statute. The laws passed by the Con- The American people have grown angry ator from Idaho. gress here are supposed to be subordi- and wary of promises from Washington. To Mr. CRAIG. Mr. President, I believe nate to the Constitution, not the other tell the American public that Social Secu- rity is protected and then fail to address the there is one speaker remaining on our way around. I find it an absurdity in issue directly will only lead to an increase in side, and at this time I will yield to the some ways to suggest that the creation the cynicism that is currently prevalent Senator from Wyoming such time as he of a fundamental constitutional obliga- throughout the Nation. might consume. tion to balance the Nation’s books January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1597 should be contingent upon a Govern- does not know that. If we exempted So- years. Then you never put in over $174 ment program passed roughly 150 years cial Security from the terms of the bal- a year for the next 18 years, ladies and after the Constitution itself was rati- anced budget amendment, we would be gentlemen—get these figures. Then you fied. forbidden to credit any general fund got nailed $300 a year, $500 a year, $800 Our laws exist to give force to con- surplus towards Social Security’s bal- a year. stitutional values and this exemption ance. We would have to increase taxes I have a form in my office. I share it would assert that our constitutional and decrease benefits in order to meet with all constituents. It costs you a framework should bend in deference to our payments to recipients, if the rest stamp. You ship it off to the Social Se- a particular statute. of the budget was balanced. curity Administration and in 6 weeks Third, and this point I think was Finally, we should remember the dy- you get back what you paid in and very well made by my colleague from namics here. Last year we had suffi- what you are going to get out. I always Nebraska, Senator EXON. This amend- cient cosponsors to pass the balanced say to them, ‘‘If you do not like what ment is designed to open the door to budget amendment in the Senate by you see be sure you contact me.’’ I every manner of exemption from the the necessary two-thirds majority. But have never heard from anybody, be- balanced budget amendment. I chair lo and behold, certain modifications cause they are embarrassed when they the Veterans’ Affairs Committee. Sen- were offered as amendments—even see that they have put in $170-a-year, ator Al Cranston chaired it before, though the underlying language was or self-employed making $100,000 a year when I came here, and then I became perfectly fine when it came to attract- and putting in $700 a year; or making chairman. Senator MURKOWSKI—oh, we ing cosponsors—and when those modi- $200,000 in the fifties and sixties and do know what that is. fications were defeated, suddenly we putting in $500, $700, $800 a year. Fi- Do you mean to, in any way, say if did not have enough votes. nally, this year, about the biggest ding we exempt Social Security our Na- That is a curious exercise to go you can take is $3,300. tion’s veterans will stand still for that? through in here. It was the sort of mis- And then it shows what you are going Believe it, they will not. Of course they chief that caused the voters to turn out to get. And there it is as clear as crys- will not. They will demand an exemp- by the dozens and turn out the office- tal. You are going to get—depending on tion, too. So will Federal retirees—be- holders by the dozens in November. the replacement rate, depending on lieve it. They have never failed. Be- They sent individuals to Washington what job you had—you are going to get cause you see the ancient ritual is this. who claim to favor, always, a balanced $750 a month, $850 a month—in my case They come to our offices in droves and budget amendment, and those individ- that is at 65 I will get, I think it was they say, ‘‘If everybody will do it, we uals would create and develop the most $800-and-something. If I wait until 70 it will do it,’’ knowing full well that ev- clever schemes to avoid actually hav- will be $1,140 a month. And I had a job erybody will not do it and they will be ing to vote for one. And the voters fi- when I was 14. In the Army I did not off the hook. nally caught wise, as they say in both pay Social Security. In college I did Then we will exempt child nutrition Houses. This is much the same, contin- not because I did not make enough in and on and on. It would not be right for ued, a reprise. the summer jobs. So there it is. You children to go hungry while seniors Opponents of the balanced budget cannot avoid it. We are all just still were properly looked after, and so it amendment have been burning the mid- playing with it as a detonating device. goes. This is an amendment which I night oil, trying to come up with I always have some fascinating expe- doubt is intended to gut the force of hypotheticals as to why, and excuses riences with the AARP. I ask them if the constitutional amendment in that why they cannot vote to balance the any of them have grandchildren and if way, but it certainly will. Nation’s books. And this is another they care one whit about them. Obvi- Finally, I hear it said that Social Se- entry in that book. There really is not ously many of them do not care one curity is different. It is different from a gram of reason to believe that Social whit about them or they would not be these other programs because of the ex- Security would be better protected doing what they are doing as they istence of a special trust fund. That with a special exemption from the bal- whack our brains out, saying that ev- was the Senator from Iowa’s response anced budget amendment. The idea, to erybody is going to lose $1,154 a year if to Senator EXON, I believe. Certainly my mind, is to undercut the support they vote for the balanced budget there is no separate veterans’ trust for the balanced budget amendment. amendment. fund. But we do have various kinds of Finally—I said that three times, fi- So I thank the managers. I really am trust funds. We even have a Highway nally, which is the curse of our work— looking forward to the balanced budget trust fund and an unemployment com- but there is no trust fund. I keep say- amendment. But what I am really pensation fund. We cannot begin by ex- ing that and I hope people will finally looking forward to is chairing the So- empting programs because of the trust hear that—there is no Social Security cial Security Subcommittee of the Fi- fund concept. trust fund. Because Franklin Delano nance Committee. That has sent a defi- I am a veteran, as is my friend from Roosevelt and the Congress, when they nite rigor—understand there is a Iowa. I served overseas, as did my set it up, said that all surplus would be shockwave—through the offices of the friend from Iowa. Certainly I would ob- invested in the securities of the United AARP, and the National Committee for ject to any notion that our veterans States Government. So by law they are the Preservation of Social Security and should be less protected than our So- invested in the securities of the U.S. Medicare, and the Gray Panthers and cial Security beneficiaries merely be- Government. There is no trust fund. It the Pink Panthers and all the groups cause they happen to contribute with is all in T-bills and savings bonds and that are waiting out there to beat us their lives and limbs instead of with then it is purchased by banks and indi- into submission so they can do a num- payroll tax contributions. It is an arti- viduals and the interest on those is ber on our successors. ficial distinction to make, and it is paid from the general treasury. There I think that is unfortunate. I do not aimed, not at equity, but rather at un- is no kitty to pay interest from a So- know what we will do. I hope they do dermining the integrity of the balanced cial Security trust fund. something reasonable, but we all know budget amendment. Then when we go home and they what is out there. Fourth, a special exemption for So- come to the town meetings and say, I thank the Chair. cial Security is exactly what would be ‘‘You robbed the trust fund.’’ Usually The PRESIDING OFFICER. Who more likely to lead to cuts in benefits. that is said with a great deal of more yields time? It is not hard to see why, my col- passion than I just gave it. And I say, Mr. HARKIN. How much time is re- leagues. There is a huge surplus. I have ‘‘Wait a minute there is no trust fund.’’ maining to both sides? heard everyone referring to the surplus Then of course the next one is: ‘‘I The PRESIDING OFFICER (Mr. and it is there. But after 2012, that sit- paid into it from the beginning. I want GRAMS). The Senator from Ohio has 31⁄2 uation turns exactly around and Social it all out.’’ Then can you have a real minutes and the Senator from Idaho Security begins its deep and fatal field day, and I love those, because has 11⁄2 minutes. plunge into the red. And we all know really if you paid in at the beginning Mr. HARKIN. Mr. President, I will that. There is not a person in here who you put in $30 a year for the first 8 just take a minute to respond to my S 1598 CONGRESSIONAL RECORD — SENATE January 26, 1995 friend from Wyoming. He made a very that is the only thing I would like to balance the budget. I do not agree that reasoned presentation of his views. see the Social Security System backed passing an amendment to the U.S. Con- I would just point out, however, that by. stitution requiring a balanced budget as noted in the 1994 Trustees Report, So again, it is a trust fund. It is like is the way to achieve that goal. The the size of the Social Security trust any trust fund, like any trust account. Congress can balance the budget if it funds are projected to go up every year The trustees invest the money, and in- has the political will to do so. Moving through the year 2020, at which time terest is paid into it. That is what hap- specific items off the table, be it Social there will be $3 trillion in the trust pens in Social Security. Security, veterans’ benefits, or cor- funds. Then, after that, the trust fund I always tell my constituents, every porate tax deductions, is not the way will dwindle down to zero by the year day the Social Security takes in to have a sensible debate about reduc- 2030. money, and every day they lend it out ing our continuing budget deficits. So they are saying by the year 2030, to the U.S. Government. Those are Congress does not need to make more if we do not do something, the Social backed by the full faith and credit of promises on this issue, it needs only to Security trust funds will be busted. our country. We would not want them exercise the power it already has. That is 35 years from now. So we do to take the money and put it in a shoe There is no substitute for political will have time to act. I can tell you this: box. It ought to make some money, and and there never will be. The Senator from Wyoming, I think it is. Mr. CRAIG. Mr. President, I move to made my argument. If we leave the So- So again, it is time to say that we table the Harkin amendment, and I ask cial Security trust fund alone, by the are going to keep Social Security sepa- for the yeas and nays. year 2030, it will be broke. If we include rate and apart, that we are not going The PRESIDING OFFICER. Is there a it, however, in figuring out how to bal- to let it be used in the calculation of a sufficient second? ance the budget and use it to balance balanced budget. If we do, it is going to There is a sufficient second. the budget, it will be broke a lot sooner be broke by 2005. As it is now, we are The yeas and nays were ordered. than that. In fact, I predict it probably going to have it secured until the year The PRESIDING OFFICER. The will be broke by the year 2005. 2030, and we can make the needed question is on agreeing to the motion We have to make some changes in changes as they come along in the fu- of the Senator from Idaho to lay on the Social Security. The Senator from Wy- ture. table the amendment of the Senator oming is right. It does not make sense Mr. CRAIG. Mr. President, I believe from Iowa. On this question, the yeas to me that someone making $60,000 a that just about all that can be said has and nays have been ordered, and the year pays the same amount into Social been said. I think it is very clear to clerk will call the roll. Security as someone making $1 million anyone who is listening to the debate The legislative clerk called the roll. a year. If we want to raise the cap, we this afternoon that there is not anyone The PRESIDING OFFICER. Are there ought to raise it. Everybody ought to in this Congress who does not choose to any other Senators in the Chamber pay into Social Security the same per- protect the Social Security System as who desire to vote? centage of their wages, even million- best as possible, and to do so in every The result was announced—yeas 62, aires. That might help us out a great way as we work to balance the budget nays 38, as follows: deal, and hopefully we will have that of our country. debate sometime in the future. There So I hope that we need not be redun- [Rollcall Vote No. 52 Leg.] are some things we will have to do with dant and play the test of ‘‘I voted three YEAS—62 the Social Security trust fund. We have times for’’ and ‘‘I voted four times Abraham Frist McConnell 35 years. against.’’ It simply will not work. The Ashcroft Gorton Moynihan Bennett Gramm Murkowski Contrary to what the Senator said, I only solution to securing and main- Bond Grams Nickles believe the members of AARP do care taining the integrity of the Social Se- Brown Grassley Packwood about their grandchildren. Because if curity System is a bipartisan solution. Burns Gregg Pressler we do not ensure the security of the It was in the 1980’s that we created the Byrd Hatch Robb Campbell Hatfield Roth Social Security system, the elderly stability. That is what allows us to Chafee Helms Santorum once again will be burdens on their stand on the floor today and talk about Coats Hutchison Shelby children. I will be the children who will the year 2030, because of a bipartisan Cochran Inhofe Simon have to take care of the elderly once decision on the part of the Congress of Cohen Jeffords Simpson Coverdell Kassebaum Smith again, just as it used to be in the old the United States to resolve that. That Craig Kempthorne Snowe days. Lord knows, our kids cannot will be the issue. D’Amato Kerrey Specter hardly make it as it is now. They get I urge my colleagues as we move to DeWine Kyl Stevens Dodd Lieberman Thomas married. Both people have to work. deal with this issue to vote down the Dole Lott Thompson They can barely make a living, afford a Harkin amendment. Domenici Lugar Thurmond home and a car, and put some money Mr. President, with that, I suggest Exon Mack Warner away for their kids’ education. If So- the absence of a quorum. Faircloth McCain cial Security is destroyed it would be Mr. HARKIN. Mr. President, before NAYS—38 saying to them: You have to take care the Senator asks for a quorum—— Akaka Feinstein Leahy of your parents and grandparents. Mr. CRAIG. I withdraw that. Baucus Ford Levin That is why we have Social Security. Mr. HARKIN. I ask for the yeas and Biden Glenn Mikulski Bingaman Graham Moseley-Braun That is why I believe the members of nays, Mr. President. Boxer Harkin Murray AARP are concerned about their grand- The PRESIDING OFFICER. Is there a Bradley Heflin Nunn children, for that and many other rea- sufficient second? Breaux Hollings Pell Bryan Inouye Pryor sons. Of course they care. There is a sufficient second. Bumpers Johnston Reid Again, the trust fund is a trust fund. The yeas and nays were ordered. Conrad Kennedy Rockefeller Does the money go into a shoe box? No. Mr. CRAIG. Mr. President, I suggest Daschle Kerry Sarbanes It is not sitting in a hole in the ground the absence of a quorum. Dorgan Kohl Wellstone Feingold Lautenberg someplace. Of course, the trustees in- The PRESIDING OFFICER. The vest the money, and by law, as the Sen- clerk will call the roll. NOT VOTING—0 ator said, they have to invest it in U.S. The legislative clerk proceeded to So the motion to lay on the table was securities, which are backed by the full call the roll. agreed to. faith and credit of the U.S. Govern- Mr. CRAIG. Mr. President, I ask Mr. GLENN. Mr. President, I move to ment. unanimous consent that the order for reconsider the vote by which the mo- So the only way we can default on the quorum call be rescinded. tion was agreed to. paying the Social Security payments is The PRESIDING OFFICER. Without Mr. HATCH. I move to lay that mo- if, in fact, the whole Government goes objection, it is so ordered. tion on the table. under. So it is backed by the full faith Mr. HATFIELD. Mr. President, I The motion to lay on the table was and credit of the United States. And agree that Congress should work to agreed to. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1599 AMENDMENT NO. 190, AS AMENDED timates on these regulations, but—as requirements of complying with this The PRESIDING OFFICER. Under we know from the drafting of regula- amendment could be met within exist- the previous order, the underlying tions for the recently enacted motor- ing resources. amendment, as amended by the voter bill—the size and scope of these Mr. President, I believe this amend- Kempthorne amendment, is agreed to. rules often has a dramatic effect on the ment will only add to the final value of So the amendment (No. 190), as actual cost of the unfunded mandate S. 1. Congress needs the initial CBO es- amended, was agreed to. and often lead to unanticipated compli- timates to properly debate Federal Mr. WELLSTONE. I thank the Sen- ance costs. mandate legislation—and Congress ators from Idaho, Ohio, and Michigan If S. 1 is adopted with this amend- needs followup to determine that no for their help and consideration in ad- ment, nothing will force agencies to new hidden costs are incurred. This dressing a concern I have regarding the draft regulations that meet the prior amendment provides Congress with the ability of the Congressional Budget Of- cost estimates of the CBO. But this tools to determine our success in curb- fice to carry out its responsibilities amendment will ensure that—at the re- ing unfunded mandates, and I urge my under S. 1. In a nutshell, I am conquest of any Senator and only to the colleagues to join in supporting this extent practicable—Congress would re- cerned that CBO may not have suffi- amendment. ceive a study comparing the initial cient funds appropriated for its use to Thank you, Mr. President. I yield the cost estimate of the mandates against meet its new obligations. floor. the final cost estimate of the regula- That is the concern that prompted Mrs. MURRAY addressed the Chair. my offering amendment No. 205. The tions. This is a crucial tool for Con- gress to utilize in evaluating the effec- The PRESIDING OFFICER. The Sen- Levin-Kempthorne-Glenn amendment ator from Washington. No. 143 that was adopted by a unani- tiveness of law—and the cost that law Mrs. MURRAY. Mr. President, may mous vote of the Senate makes it clear ultimately places on States and com- we have order? that there may be occasions when the munities. The PRESIDING OFFICER. The Sen- Congressional Budget Office will find Mr. President, I consider the sense- ate will be in order, please. that it is not feasible to make estmate of-the-Congress resolution contained in Mrs. MURRAY. Thank you, Mr. referred to in that amendment. It is this amendment to be a valuable state- President. my understanding that it was the in- ment about our commitment to curb- Mr. President, I understand that the tent of the sponsors of amendment No. ing unfunded mandates. Because regu- 143 that CBO’s lack of sufficient funds lations dramatically affect the final Senator from Oregon wants to make to carry out the provisions of S. 1 is costs of legislation, Federal agencies one statement. I am happy to yield to one of the grounds under which the Di- must work to draft regulations that him with the understanding that I re- rector may determine that it is not fall within the original cost estimate tain my right to the floor. feasible to make the estimate. of the bill. To do otherwise would ne- The PRESIDING OFFICER. Is there I ask my friends, the distinguished gate the significance of providing Con- objection? Without objection, it is so Senators from Idaho, Ohio, and Michi- gress with an estimate in the first ordered. gan whether their intent in sponsoring place. I understand the concerns of Mr. PACKWOOD. I thank the Senator amendment No. 143 was as I have out- those that would oppose the codifica- from Washington. tion of such a requirement—but I join lined. CHANGE OF VOTE Senator GRASSLEY in emphasizing that Mr. LEVIN. Yes, the Senator from Mr. PACKWOOD. Mr. President, I ask Minnesota has accurately outlined my this is a sense-of-the-Congress resolution not a new mandate on Federal unanimous consent that, on vote No. intent. agencies. 51, I be recorded in the negative. I mis- Mr. GLENN. I agree. That was my in- Mr. President, there will be times takenly voted for the amendment and tent also. when the costs of regulating a proposal intended to vote against the amend- Mr. KEMPTHORNE. I thank the Sen- exceed the initial estimate for bona ment. This request has been cleared by ator from Minnesota for his question, fide reasons—and this amendment will the two leaders and the vote would not and I say to him that he has accurately not force regulators to revise these reg- change the outcome. stated my intent in sponsoring amend- ulations. It does, however, ensure The PRESIDING OFFICER. Without ment No. 143. that—at the request of any Senator—a objection, it is so ordered. Mr. WELLSTONE. I thank the Sen- full accounting for these discrepancies (The foregoing tally has been ators. That was my intent in voting for be provided. OMB already provides a changed to reflect the above order.) amendment No. 143. I am glad that we study of the estimated costs of regula- Mr. PACKWOOD. I thank my friend have cleared this up. Accordingly, I tions, and—under this amendment— from Washington. withdraw my amendment No. 205. CBO would be able to give an account Mr. FORD. Mr. President, the Senate AMENDMENT NO. 207 to Congress for the reasons behind is not in order. I make a point of order Ms. SNOWE. Mr. President, I am changes in estimated costs. This not that the Senate is not in order. proud to be added as a cosponsor to the only gives us an accurate review of the The PRESIDING OFFICER. The Sen- amendment offered by Senator GRASS- mandates we pass, but it provides a ate will suspend until the Senate is in LEY and I urge my colleagues to vote level of accountability on the part of order. Senators wishing to converse for its adoption. CBO. If the original estimates of CBO will please take their conversations to As drafted, S. 1 ensures that Congress are consistently out of sync with the the cloakroom. is at least given the opportunity to re- cost of regulations, CBO should be pre- The Senator from Washington. view the estimated costs of mandates pared to give us an explanation. After that are contained in the legislation it all, we’re relying on these estimates to AMENDMENT NO. 188 considers. All bills reported from com- give us an accurate cost-benefit analy- Mrs. MURRAY. Mr. President, I ask mittees must be scored by CBO and—as sis of proposed legislation. unanimous consent to take up amend- the recently adopted Levin amendment I would also emphasize that, just as ment numbered 188 related to CBO provided—individual members may re- the agencies are not asked to rewrite time limits. quest a CBO cost estimate for other their regulations under this amend- The PRESIDING OFFICER. Without legislation that may be introduced as ment, Congress is under no obligation objection, it is so ordered. an amendment on the floor. However, to make any changes to the underlying Mrs. MURRAY. Mr. President, I ask there remains one important step in act due to any discrepancies. Congress unanimous consent to take up amend- the unfunded mandates debate: the could either ignore differences, or de- ment No. 188, relating to CBO time lim- drafting of regulations. cide to revisit the act in an effort to its. Virtually all legislation that is make changes that would impact the I had originally intended to offer this passed by Congress and signed into law final regulatory costs—the choice amendment. I want to be assured we by the President requires the drafting would be entirely at their discretion. will not be creating a big, new powerful of regulations. The Office of Manage- Finally, I think it is important to bureaucracy at the Congressional ment and Budget now provides cost es- note that CBO has assured us that the Budget Office. I want to be sure that S 1600 CONGRESSIONAL RECORD — SENATE January 26, 1995 CBO does not become the traffic cop di- Dr. Reischauer responded that the between the Budget Committee staff recting the Senate’s legislative sched- Congressional Budget Office staff was and CBO. ule. working ‘‘flat out’’, trying to fulfill If a Senator disagrees with the CBO After the adoption of the Levin their obligations to the Congress at estimate, the full Senate is the final amendment, giving CBO flexibility to this point. Dr. Reischauer said the CBO arbiter of its rules. Under the bill, any say when it cannot provide a cost esti- would need more resources if we enact ruling by the Presiding Officer can be mate, and after numerous discussions this bill. appealed by a Senator. A majority vote with the managers on both sides of the Then, Mr. President, I repeated my of the Senate would appeal the Chair’s aisle and the chairman of the Budget question about prioritizing requests. I ruling. Committee, some of my concerns have asked the Director how he would decide Finally, with the adoption of a Levin been addressed. which mandate to estimate first. His amendment, S. 1 does not require an My concerns focus on two main reply frankly, troubled me. He said the estimate of legislation if CBO finds it items. The first concern is the bill CBO would rely on the guidance of the impossible to produce such an esti- would give CBO great, new powers. bipartisan leadership of the Congress mate. Powers to dictate the Senate legisla- to decide which to do first. And, then Mrs. MURRAY. What happens if an tive schedule by deciding which bills he added that the CBO had tried this amendment is proposed and there is no and amendments to work on, and approach with the health care debate CBO cost statement? which ones to delay. This would be last year, and it was a failure. That Mr. DOMENICI. Budget Committee power wielded by unelected bureau- should concern everyone in this coun- staff would seek such a statement from crats. try. CBO. If the amendment would cause It should also concern everyone that The second concern is this bill fails the $50 million threshold to be ex- this is not the time to talk about in- to impose any time deadlines on the ceeded then a point of order would lie creasing budgets. As the ranking mem- CBO to complete its work. My fears are against the amendment. Points of ber on the Legislative Branch Appro- reinforced by our experience with order are not self-executing. A Senator priations Subcommittee, I know we health reform legislation last year. would have to raise a point of order will be struggling to cut about $200 CBO’s failure to produce cost estimates million from the budget this year. Is it against an amendment. prevented Congress from moving for- fair to talk about a large, $200 million Mrs. MURRAY. Will the Par- ward on this important bill. Some say cut in the legislative branch appropria- liamentarian seek the advice of the it was because this was such a large tions, while saying to the CBO ‘‘don’t Budget Committee on the cost esti- bill. Others say this was because the worry, we’ll make sure you get an inmate? Will the Budget Committee turn CBO Director disagreed with the legis- crease of $4.5 million a year to take to CBO for its advice on these esti- lation. care of the unfunded mandates bill.’’ mates. My fear is this bill could allow the Mr. President, I want to be able to Mr. DOMENICI. Yes. The bill pro- second scenario to play out again and assure my friends and neighbors this vides that the determinations of man- again as the Senate attempts to take bill will not take away their voice in date levels are based on estimates up important legislation. I certainly do setting priorities of the issues this made by the Budget Committee. The not want that to happen. body considers. They do not want Budget Committee relies on CBO for Again I have listened carefully to the unelected bureaucrats to determine these estimates. debate on this bill. And, I think it is which bills will come before Congress. Mrs. MURRAY. Is there any time fair to say we all agree it is our respon- I believe we need reform. I believe limit on when CBO must produce a cost sibility—our responsibility as legisla- Congress should be honest and upfront estimate? tors—to act carefully as we set policy with the American taxpayers about the Mr. DOMENICI. No. In practice, for the people we represent. cost of laws it passes. But, I do not be- these estimates can be turned around I would like to support a bill on un- lieve we should be creating new bu- quickly. For a very complicated bill, funded mandates that is reasonable and reaucracies or putting American fami- say on the order of the health care re- reflects common sense. Mr. President, lies in jeopardy. form bill, the estimate may take before the adoption of the Levin Mr. President, I want to thank the longer. However, if we are going to im- amendment and certain others, this managers of the bill for working with pose a mandate as costly and com- bill went too far. me to find answers to my questions. I plicated as health care, should we not The people of this country should un- especially want to thank the chairman take the time to get an estimate? derstand exactly what this bill does. of the Budget Committee, Senator DO- Ultimately, the Senate decides its Every one of us here in this Chamber, MENICI, for his time in responding to rules. If the Senate disagrees with the every one up in the galleries, every one my questions. His responses are impor- CBO estimate, the Chair’s ruling can be watching us on C–SPAN, and every one tant. overturned by a simple majority. in this country has to realize that this BUDGET ESTIMATES AND S. 1 If there is no CBO estimate and no bill will create a new bureaucracy at Mrs. MURRAY. Will the legislation basis for the Budget Committee to the Congressional Budget Office. give CBO tremendous powers to dictate make an estimate, then there is no I believe this will be a huge bureauc- the Senate’s legislative schedule? basis for a point of order. racy, with very wide-ranging powers. Mr. DOMENICI. S. 1 is patterned Mrs. MURRAY. Is a second-degree And the staff of this huge, new bu- after the existing Budget Act. We have amendment laid aside until we get a reaucracy will not be elected by any- 20 years of experience with the Budget CBO estimate? one. They will not be accountable to Act and its application to amendments. Mr. DOMENICI. No. Nothing in the the American taxpayers. But this bill The bill provides no powers to CBO to bill requires a CBO estimate before the will give them enormous power to con- dictate the Senate’s legislative agenda Senate can proceed to consider, debate, trol the legislative process. To bring or schedule. The bill provides that the or adopt an amendment. Senate debate to a halt on an amend- determination of mandate levels will Mrs. MURRAY. Will CBO have the ment or bill. Even to dictate the Sen- be based on estimates made by the necessary resources to conduct its du- ate’s legislative schedule. Budget Committee. In practice, we use ties under S. 1? This vast new power should give CBO estimates. Mr. DOMENICI. S. 1 authorizes $4.5 every American pause. S. 1 will operate in the same manner million for CBO’s new duties. This au- That’s why I asked outgoing CBO Di- as the Budget Act currently affects thorization is based on CBO’s assess- rector Robert Reischauer about this budget legislation. On major spending ment of its needs under the bill. The yesterday at a hearing of the Budget or tax legislation, Budget Committee most costly aspect of S. 1 deals with Committee. I asked him how the CBO staff are on the floor to make sure CBO’s responsibilities to produce cost would prioritize requests for cost esti- amendments are scored by CBO. In the estimates on private-sector mandates. mates that will come from the Senate press of Senate business, these esti- The point of order against consider- and from the other body. mates may be based on telephone calls ation of legislation only applies to January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1601 intergovernmental mandates and does consistent S. 1, which we are here dis- A resolution (S. Res. 74) commemorating not apply to private-sector mandates. cussing today. the 50th anniversary of the liberation of the I have discussed with Senator MACK, In S. 1, on page 11, in the definitions, Auschwitz death camp in Poland. the chairman of the Legislative Branch we say that the term ‘‘agency’’ has the The PRESIDING OFFICER. Is there Appropriations Subcommittee, and the meaning as defined in section 551 of objection to the immediate consider- current CBO Director the need to ac- title 5 of the United States Code but ation of the resolution? commodate this additional funding in does not include independent regu- There being no objection, the Senate the fiscal year 1996 appropriation bill. latory agencies. So we are making it proceeded to consider the resolution. CBO has a lot of experience with very clear in this bill that we are not Mr. BRADLEY. Mr. President, I rise State and local estimates. CBO has in any way restricting the actions of to call attention to a dark moment in been preparing State and local cost es- independent regulatory agencies to the history of our civilization. Tomor- timates for 12 years. While the existing issue rules or regulations which might row marks the 50th anniversary of the law establishes a $200 million thresh- constitute unfunded Federal mandates. liberation of the Auschwitz death camp old, CBO must review every bill under That is a policy judgment, a policy in Poland. Fifty Years. Half of a cen- current law to determine whether it decision, which the sponsors of the bill, tury. It is unfathomable to think that will exceed the threshold. the drafters of the bill, made when in our lifetimes such inhumanity tran- Mrs. MURRAY. Mr. President, I ask they put the bill together. spired. unanimous consent to withdraw from I am not disputing that, but I am But indeed such inhumanity was pos- consideration my amendment num- saying if we are not going to apply this sible. Over 13 million innocent people bered 188. bill, the requirements of this bill, to were murdered during the Holocaust at The PRESIDING OFFICER. Without unfunded mandates imposed by inde- the hands of Adolph Hitler and his ty- objection, it is so ordered. pendent regulatory agencies, then it is rannical regime. The amendment (No. 188) was with- also logical that we not apply any- On January 27, 1945, Auschwitz, one drawn. thing. Any legislation that would prop- of the largest death camps, was liber- Mrs. MURRAY. Mr. President, I yield erly be considered for adoption as a ated by Allied Forces. Five years had the floor. rule by an independent regulatory passed between the opening of the Mr. KEMPTHORNE. Mr. President, I agency should not be subject to the camp and its ultimate liberation, al- thank the Senator from Washington point of order that is possible under lowing for unbounded murder, rape, for the effort she has put in this, and this S. 1. torture, and inhumane medical experi- the action she has just taken. So essentially, my amendment says mentation. More than one million in- I suggest the absence of a quorum. that anything which relates to an inde- nocent civilians—men, women, the old The PRESIDING OFFICER. The pendent regulatory agency that comes and feeble, and children—were mur- clerk will call the roll. before this Senate, you would have to dered at Auschwitz alone. Such infa- The legislative clerk proceeded to get the cost estimates; you would have mous names as Mengele, Himmler, and call the roll. to get the CBO estimates; you would Hoss were associated with Auschwitz. Mr. BINGAMAN. Mr. President, I ask have to get the reports and go through With the opening of the U.S. Holo- unanimous consent that the order for the entire rigamarole but nobody could caust Museum in Washington, DC 1993, the quorum call be rescinded. raise a point of order that the Senate we have made an important step in sus- The PRESIDING OFFICER. Without should not consider the legislation if in taining the legacy of the victims. I objection, it is so ordered. fact the legislation was such that it would encourage those who come to AMENDMENT NO. 194, AS MODIFIED could be considered for adoption as a our Nation’s capital to visit this mu- Mr. BINGAMAN. Mr. President, I rule by an independent regulatory seum. earlier called up amendment No. 194. agency. I recently read a moving piece in At this point, I send a modification of To put it even more simply and more Newsweek concerning Auschwitz. I ask that amendment to the desk and I ask broadly, Mr. President, the point here unanimous consideration that it be unanimous consent that the modifica- is that we should not deny to ourselves printed in the record at the conclusion tion be agreed to in place of the amend- here in the Senate the authority we are of my remarks. ment. preserving for independent regulatory The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there agencies to exercise. And that is all the objection, it is so ordered. objection to the modification? Without amendment does. It seems to me to be (See exhibit 2) objection, the amendment is so modi- straightforward. It seems to me to be Mr. BRADLEY. One passage in par- fied. eminently logical. I am disappointed ticular remains with me: Jean Amery, The amendment, with its modifica- that I have been advised by the man- the Austrian Jewish philosopher who tion, is as follows: agers they cannot accept this amend- was also a victim of the Holocaust, ex- On page 25, add after line 25, the following ment because it certainly is consistent plained, ‘‘Anyone who has been tor- new section: with the rest of the bill. But I under- tured remains tortured.’’ Mr. Amery, (4) APPLICATION TO PROVISIONS RELATING TO stand they cannot, and for that reason after years of mental anguish resulting OR ADMINISTRATED BY INDEPENDENT REGU- I still urge my colleagues to support it. from the Holocaust, would finally take LATORY AGENCIES.— his own life. Notwithstanding any provision of para- I think it would improve the bill, and graph (c)(1)(B), it shall always be in order to for that reason I do urge its adoption. Mr. President, the pain did not end consider a bill, joint resolution, amendment, I yield the floor. with the liberation of the camps. In- or conference report if such provision would stead, those who were victimized and be properly considered for adoption as a rule f were somehow able to live through this by an independent regulatory agency as part remain both emotionally and phys- of its existing authority. COMMEMORATION OF THE 50TH ically scarred. I note in this regard the Mr. BINGAMAN. Mr. President, let ANNIVERSARY OF THE LIBERA- case of Hugo Princz, a survivor of me briefly explain this. I understand TION OF THE AUSCHWITZ DEATH Auschwitz and now a citizen of my the managers are going to propound a CAMP IN POLAND State of New Jersey, who is still fight- unanimous-consent request setting a Mr. BRADLEY addressed the Chair. ing the German Government for com- vote on this an hour or so from now. The PRESIDING OFFICER. The Sen- pensation for his suffering. There are But on the substance of this amend- ator from New Jersey. also many in this country and through- ment, as I modified it, let me just ex- Mr. BRADLEY. Mr. President, I send out the world who are still mourning plain to my colleagues what we are a resolution to the desk and ask for its the relatives they lost to the Holo- doing here because I have to say I immediate consideration. caust. Their pain must not be forgot- think it is eminently logical, and it is The PRESIDING OFFICER. The ten. an amendment I am sorry the man- clerk will report the resolution by Mr. President, today I offer a resolu- agers are not able to accept, because I title. tion commemorating the liberation of think it would improve and make more The legislative clerk read as follows: Auschwitz and calling on all Americans S 1602 CONGRESSIONAL RECORD — SENATE January 26, 1995 to remember the more than one mil- members Mongol soldiers of the Red Army when the doors were flung open and the lion who were murdered at Auschwitz. riding into the camp on horseback. ‘‘They dazed passengers formed into lines for a ‘‘se- We must never forget this terrible were very nice,’’ he says. ‘‘They killed a pig, lection.’’ Five by five, they marched past crime against humanity. It is our re- cut it in pieces without cleaning it and put Mengele himself—‘‘as beautiful as a statue,’’ it in a large military pot with potatoes and sponsibility to educate future genera- Yamberger remembers, in his glistening cabbage. Then they cooked it and offered it boots and crisp black SS uniform. Old peo- tions about the Holocaust and the dan- to the sick.’’ The effects of that meal on people, sick people, young children and their gers of intolerance to fulfill our pledge ple on the edge of starvation were nearly as mothers went to the left and potential work- of ‘‘never again.’’ lethal as anything the Nazis did. For that ers to the right. Yamberger’s sister saw that EXHIBIT 1 matter, Auschwitz is still claiming victims, mothers with children were going off to- [From Newsweek, January 16, 1995] as some survivors realize that the pain of gether, but, of course, she had no idea why. their memories does not diminish with age. FIFTY YEARS AFTER THE END OF THE DEATH ‘‘So she put a scarf over my head so I would The Italian writer Primo Levi, author of CAMP, SURVIVORS TELL UNTOLD STORIES OF look older, and I took the hand of her son as ‘‘Survival in Auschwitz,’’ threw himself RESISTANCE, LOVE, AND LIBERATION if I was the mother,’’ Yamberger remembers. down a stairwell in 1987. ‘‘Anyone who has ‘‘We all went left. We were happy because we (By Jerry Adler) been tortured remains tortured,’’ wrote the were together. Then I felt a hand on my On the afternoon of Jan. 27, 1945, Sal De Austrian Jewish philosopher Jean Amery, shoulder. It was Mengele. ‘How old are you?’ Liema, a 30-year-old Dutch Jew, five months who took his own life 38 years after the Nazis he said. In that second I was hypnotized. I reident in Auschwitz, ventured into the snow failed to take it from him. outside his barracks door for the first time Better never to have been born at all, per- had the boy by the hand. I told the truth. He since the Germans had evacuated the camp haps, than to live through Auschwitz. Of shoved the boy away. He fell down, and I was nine days earlier. He had climbed into his course, the Carthaginians probably felt that thrown to the right. And that’s how I didn’t bunk on Jan. 18 expecting the SS to blow way, too. Each generation marches into his- go to the crematorium.’’ him up along with the barracks, but as the tory dripping the blood of its respective mas- Other families were more successful at alternative was a forced march to an un- sacres. But Auschwitz, and the Holocaust of staying together. Gloria Lyon, who was 14 known destination through the icy Polish which it was a part, have a unique place in when she was rounded up with her family in winter, De Liema chose to die lying down. He the annals of human slaughter. When eastern Czechoslovakia, recalls how her 12- slept four days, then survived by sucking on Rwandans beat their neighbors to death with year-old sister, Annuska, was sent off with sugar cubes foraged by another prisoner who clubs, we take it as dismaying evidence that the old people and children, but managed to had stayed behind. On Jan. 27 he felt better, human nature will never change. But Ausch- sneak back into the other line and rejoin the pulled himself to his feet, and walked out the witz was something new on the earth. Its family. ‘‘My mother was very angry that she door and through the gate of the camp. The elaborate mechanisms for transporting, se- did this,’’ Lyon said, ‘‘because we first thing he noticed were a number of furry lecting, murdering and incinerating thou- conjectured that the old people will take brown dogs in the snow. He thought, ‘‘Gee, sands of people a day constituted a kind of care of the children, and our group would what nice little dogs.’’ Then they started to industrialization of death. It raised the terri- have to do the hard work.’’ Never was disobe- move. The dogs were Russian soldiers in fur fying possibility that with the advent of dience in a child better rewarded; both sis- caps and white camouflage, who had just lib- modern technology human nature really had ters survived the war and are still alive. erated the camp. In Auschwitz even deliver- changed. No wonder General Petrenko has Sometimes the inmates who met the trains ance came in the guise of absurdity. been uneasy for 50 years. At Auschwitz that and escorted the victims to the gas chambers Also in Auschwitz at that time, a young day, the 20th century saw itself in the mir- would—at the risk of their own lives—whis- Soviet colonel struggled to understand an ror, and turned away in horror. apparition. Retired Lt. Gen. Vasily per to young mothers to give their babies to Auschwitz was only one—the largest—of Petrenko, the only surviving commander older relatives. Not many obeyed, of course. several Nazi extermination camps, and among the four Red Army divisions that en- Helen Farkas, arriving at Auschwitz as part there’s no reason to think it was the worst. circled and liberated the camp, was a hard- of an extended family from Transylvania, re- It owes its prominence to its size and its spe- ened veteran of some of the worst fighting of calls that ‘‘my sister Ethel said, ‘He’s crazy. cial role as both a death camp for Jews and the war. ‘‘I had seen many people killed,’’ What do they mean I should give my child to Gypsies (technically, the gas chambers were Petrenko says. ‘‘I had seen hanged people an older person?’ ’’ But in the confusion the located in neighboring Birkenau) and the and burned people. But still I was unprepared baby began to cry, and he mother-in-law for Auschwitz.’’ What astonished him espe- headquarters of a network of slave-labor took charge of him and disappeared off to cially were the children, some mere infants, camps housing Jews, Polish political pris- the left; guards beat Ethel back when she who had been left behind in the hasty evacu- oners, POWs, homosexuals and common tried to join them. The sisters, selected for ation. They were the survivors of the medi- criminals. Although newcomers were rou- work, were stripped and shaved to the skin. cal experiments perpetrated by the Ausch- tinely told that the only way out of Ausch- ‘‘We started to look for each other, shouted witz camp doctor, Josef Mengele, or the chil- witz was through the chimney, that was each other’s name,’’ Helen says. ‘‘We never quite true. Along with more than a dren of Polish political prisoners rounded up couldn’t recognize each other, naked, with- million who died there, tens of thousands after the ill-fated revolt in Warsaw the pre- out hair. When we found each other, we lived there—worked, schemed endlessly and vious fall. But Petrenko didn’t yet know started laughing, we laughed so hysterically obsessively to stay alive—and even fell in that. ‘‘I thought: we’re in a war. We’ve been it turned into crying.’’ love. Those who succeeded brought with fighting for four years. Million-strong ar- So the transports arrived, with their car- them memories of how men and women lived mies are battling on both sides—and sud- goes of innocent flesh, from anywhere the SS denly you have children. How did they find in the shadow, the smell and dust of death. Their stories—some never before told—cov- could lay their hands on a Jew: France, Hol- themselves there? I just couldn’t digest it.’’ land, Slovakia, Greece and, of course, Hun- Only later did Petrenko realize that this was ering the period from the last great killing spree that began in the spring of 1944 to the gary, until the government halted the depor- a place where children were brought to be tations in mid-July, after 438,000 Jews had killed. By the hundreds of thousands they ‘‘death marches’’ the following winter have been shipped to Auschwitz in little more had vanished into thin air, and Petrenko’s been collected by Newsweek correspondents than two months. The victims, unsuspecting, troops marched by the ashes of their bones. on three continents for this, the 50th anni- walked to the gas chambers under the blank Caught up in a great war, the world took versary of the liberation of Auschwitz. no special notice of the event. The big news In the spring of 1944, as the war increas- and baleful gaze of the SS, and then were in The New York Times that day was that ingly turned against the Germans, trains turned into smoke that blackened the skies, Soviet troops had swept to the Baltic. Buried bearing the first of Hungary’s Jews began ar- and a stench so awful and pervasive that in a long list of the towns overrun by the riving at Birkenau. Until then, Hungary’s Lyon lost her sense of smell for nearly five Red Army was Oswiecim, the Polish name 800,000 Jews, although oppressed, had been decades after. Those selected for work were for Auschwitz. The place was by then a vir- spared the worst of the Nazi terrors, and it is shorn, tattooed with a number on their left tual ghost town, only with a ghost popu- likely that none of them had even heard the forearm, issued uniforms, bowls and spoons lation the size of Philadelphia. Of the ap- word Auschwitz. On one of these trains rode and turned out into the barracks. Hundreds proximately million and a half who had 17-year-old Rita Yamberger, her older sister slept in triple-tiered rows of bunks. The new- passed through it, most of whom left behind Berta Morganstern and Berta’s two children. comers faced the scorn of the Polish and only their hair and the smell of their burn- Eighty people stood together in boxcars for Czech Jews who had come earlier. ‘‘They told ing bodies, just 65,000 were still there in Jan- four sweltering days and nights. There was a us, ‘While you were going to theaters, we uary 1945. As the Russians advanced from the bucket to drink from and another that were already here’.’’ recalls Judy Perlaki, east, the Nazis retreated to Germany, provi- served as a toilet. At one stop, Yamberger who was brought to Auchwitz from a town in dently bringing their prisoners to kill along got off to refill the water bucket and almost Hungary in May. The religious ones would the way. Only about 7,000 stayed behind to be missed getting back on. As the train to pray. The old-timers taunted them: ‘‘ ‘Go liberated by the Russians, many of them Auschwitz began to pull away, she ran after ahead, pray. But do you know where your near death. it so she wouldn’t be forgotten. mother is? Right up in that chimney’.’’ And liberation did not put an end of their Yamberger’s train arrived at Auschwitz The new inmates entered a life of roll calls, dying. Albert Grinholtz, a French Jew, relate at night and parked there until dawn, beatings and work, punctuated by surprise January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1603 selections for the gas chambers, which the and warned the naked old man that he was went first: he slipped the noose over his Nazis kept busy even if no trains arrived. going to die. ‘‘I told him he should say a head, and, by one account, kicked over the The roll calls were held twice a day, always prayer: ‘Put something on [meaning a hat; stool that served as his scaffold, shouting in the open, and prisoners stood at attention Jews pray with their heads covered] so you ‘‘Long Live Poland!’’ Zimetbaum was stood until the count was complete, which might can say a prayer before you die.’ I had a in front of the assembled women prisoners, take several hours. This was hard enough chance now to talk to someone about what who were subjected to a lecture on the con- even for prisoners who weren’t suffering was going on here. ‘Children, parents who sequences of trying to escape. But before the from the camp’s rampant diarrhea. Standing never did anything in their lives—why guards could hang her, she pulled out a razor became even harder, naturally, as Poland’s should such a thing happen?’ He said: ‘Quiet. blade and slit her wrists, spraying her execu- harsh winters set in. Kapos, the prison It is forbidden to complain; this is the will of tioners with her blood. trusties—many of them criminals—whom in- God. You cannot answer these questions.’ But even while the camp was awaiting the mates feared almost as much as the SS, ‘‘He told me: ‘Tell the world what these fate of the two lovers, something else hap- roamed the ranks. They would hit anyone evil persons are doing to the Jews’.’’ But pened to give them hope. On Aug. 20, more who stepped out of place, or stamped his fro- Rosenblum answered: ‘‘Rabbi, today it’s you, than 120 Flying Fortress bombers from the zen feet, or whom they felt like hitting. By tomorrow me.’’ All the sonderkommando ex- American air base in Foggia, Italy, flew over a whim of the commandant, an orchestra of pected to wind up in the crematoriums them- Auschwitz en route to bomb the factories of inmates was commissioned to serenade the selves eventually; it was part of the job. The Upper Silesia. One of the targets was, in fact, prisoners as they marched off to the fac- Nazis assured their silence by periodically a satellite camp of Auschwitz itself, the tories, mines and construction sites. ‘‘This killing them and starting fresh with a new giant I.G. Farben plant (know as ‘‘Buna’’) was the unreal thing: this beautiful music,’’ batch. that converted coal to synthetic fuel. ‘‘We says Rachel Piuti, who came to Auschwitz in One Jew who escaped the gas chambers heard the sirens in camp, but there was no 1944 from a labor camp in central Poland. that summer was Roman Friester, who was cover,’’ says Max Sands, who worked in a ‘‘We marched out, the music accompanied 15 and an orphan when he arrived in us. We marched back, the music welcomed Birkenau from a small labor camp elsewhere warehouse at Buna. ‘‘We stayed in the bar- us. This is why it seemed already like life in Poland. He talked his way into a job by racks and when I looked out, the sky was after death.’’ The orchestra also played for volunteering as a specialist in running a covered.’’ At his next shift two days later, the deportees on their way to gas chambers, lathe, a machine he had never laid eyes on. the damage made such an impression on him and one inmate remembers the elderly Hun- Survival had a cost. Lying in his bunk one that he swears he saw locomotives on roofs. garian men tipping the hats appreciatively night, he was raped by another prisoner, an The downside of all this was that he and his as they marched by. older may who had access to food. ‘‘He put brother lost their soft warehouse jobs and An inmate’s rations were ersatz coffee in his hand with a piece of bread into my were put to work hauling bags of cement on the morning, a pint or so of watery soup for mouth. I badly wanted this bread. I wanted a repair crew, but it was worth it to see the lunch and a half pound or so of bread for din- to swallow the bread quickly before he fin- Germans bombed. ner. A person doing heavy labor outdoors ob- ished, so he would have to give me another But no bombs ever fell on Auschwitz itself, viously could survive this diet for no more piece of bread. I got a second, and a third. nor on Birkenau. American Jewish leaders, than a few weeks or months. So those who ‘‘He went off and in a moment I realized by this time well aware of Auschwitz, plead- lived, by definition, had some means of ob- that I didn’t have my prisoner’s cap. Any ed with Washington to bomb the taining extra food—a skill the SS valued, a prisoner at the morning roll call without his crematoriums. Hundreds of inmates might job where they could steal, or a protector cap was shot. He wanted to liquidate me and have died in such an air raid, of course, but somewhere in the camp. A large number of so he stole my cap. it might have saved some of the thousands of the survivors worked in the unit where the ‘‘That night, I stole a cap from some other new victims who arrived every day. For that belongings of new arrivals were meticulously prisoner. So that next morning, some other matter, the prisoners in the camps were hop- sorted, tagged, logged, stored and imme- prisoner was killed instead of me. I never ing for the same thing. ‘‘Our greatest antici- diately stolen. The warehouses were known looked to see who it was.’’ pation was when the air raids were on,’’ re- as ‘‘Canada’’ after that fabled land where ev- One more prisoner killed—who was to no- calls Celia Rosenberg, 66, who was brought to eryone had warm socks and cigarettes. In tice? Lives were saved and lost all the time Auschwitz from Hungary in May. ‘‘It would August, Siggi Wilzig, a German Jew who had that summer. Max Garcia, a Jew from Am- have been our pleasure to be bombed. It been in Auschwitz since 1942, landed one of sterdam, was saved by his appendix. After never occurred to us to be afraid.’’ But the the most sought-after positions in the camp, four days of severe stomach pains, he was War Department—contravening even Presi- organizing the Canada warehouse. One whole sent to the camp hospital, which often would dent Roosevelt’s wishes—seems to have room was for storing toilet paper—‘‘a huge have been a ticket to the crematorium. But stuck to a policy of not mixing military and room, 12 or 15 feet high full of toilet paper. the SS surgeon had never seen a case of humanitarian objectives. ‘‘The best way to It just stayed there and no one knew why.’’ acute appendicitis and decided to open up help those people,’’ Assistant Secretary of He had labeled each roll and stacked them in Garcia for the experience. Sal De Liema was War John J. McCloy insisted, ‘‘was to win order as the Germans wanted, and then filled saved by a kapo, who had smashed his eye- the war as quickly as possible.’’ the insides of the tubes with rings, watches glasses out of spite. Shortly after, he went Even so, the bombing raids and the news and other small valuables he could barter for through a selection and saw healthy men filtering back to the prisoners in the fall of food. sent off to the gas chambers. He asked an- 1944 made it clear that the war had turned Another job which provided enough to eat other prisoner why, and was told: ‘‘They decisively against the Germans. For the was sonderkommando—the Jewish prisoners were wearing glasses.’’ sonderkommando, who never expected to who met the trains, escorted the condemned But the great news at Auschwitz that sum- survive the war, this was a call to action. to the gas chambers and then hauled the mer was the escape of Mala Zimetbaum and They enlisted the help of prisoners who bodies to the crematoriums. ‘‘When they got Edward Galinski—the most famous of the worked in a munitions plant—most of them off the trains, they had to strip in the dress- hundreds of Auschwitz escapes, because even women—to smuggle out gunpowder, a few ing room,’’ says Henryk Mandelbaum, who in failing it gave courage to the thousands of grams at a time. A plan took shape to blow worked as a sonderkommando in the fall of inmates who knew about it and witnesses its up the gas chambers, attack the guards and 1944. ‘‘Whole families went in, supposedly to legendary end. Zimetbaum, who was barely break through the electrified fence that sur- take showers. When the chamber was more 20 in 1944, was one of the most extraordinary rounded Auschwitz and Birkenau. But before than half filled, they realized something was prisoners to pass through Auschwitz. Fluent they could act, on Oct. 7, the SS demanded wrong. There was commotion. The SS beat in several languages, she was put to work as 300 sonderkommando for ‘‘transfer’’—barely them brutally with sticks.’’ The a messenger and interpreter. She apparently a euphemism—and the victims decided to die sonderkommandos’ was hard physical work, made full use of her position to carry out as- fighting. made worse by the burden of never knowing signments for the camp resistance, even Unplanned, unorganized and vastly out- when a relative might turn up in the gas managing to replace the identify cards of numbered, the rebellion had no chance. The chamber. Mandelbaum tells of one legendary women selected to be gassed with those of sonderkommando fought the well-armed SS sonderkommando who voluntarily walked women who had already died. troops with knives, chains, stones and per- into the gas chamber with his own family; Zimetbaum fell in love with Edward haps homemade grenades. One part of it and another, who encountered his mother Galinski, a Polish political prisoner, and worked: bales of human hair, destined for and assured her until the last minute that they resolved to escape. They succeeded in German carpet factories, had been stashed in she was only being taken to the showers. For bribing an SS man to supply them a uniform, the attic of Crematorium 4: the that sin, the sonderkommando’s own col- and Zimetbaum filched a pass from the guard sonderkommando sprinkled them with gaso- leagues were said to have killed him them- room. On June 24, Galinski marched out the line and ignited them, setting ablaze the roof selves. gate of Auschwitz with a female prisoner in of the whole vast structure. Three SS men Some people screamed in the gas cham- tow. But Auschwitz did not give up its vic- were killed. But no one escaped, and of the bers, at least one group sang the Czech na- tims so easily. They were caught two weeks 663 members of what became known as the tional anthem and some prayed. later, still in southern Poland, and brought Last Sonderkommando, 451 were shot by the Sonderkommando Yehoshua Rosenblum es- back to the camp for execution. The hang- SS and tossed in the ovens by the end of the corted a venerable rabbi to the gas chamber ings were scheduled for Sept. 15. Galinski day. S 1604 CONGRESSIONAL RECORD — SENATE January 26, 1995 And of the women who helped them, four— was saved by the timely arrival of some Rus- they were pushed like cattle either Roza Robota, Ester Wajcblum, Ala Gertner sian officers, including one who was Jewish. into barracks or directly to the gas and Regina Safirsztain—were arrested and Those who didn’t escape or die on the chambers. Those spared death by gas taken to the infamous prison Block 11, where death marches were eventually loaded onto were subjected to death by starvation they were tortured for weeks, although with- open railcars for the trip to camps in Ger- out revealing the names of any other con- many; having come in sealed boxcars in the and intense forced labor. In all, the spirators. In a letter smuggled out to her sis- summer, they now traveled in the open in Nazis dehumanized their victims and ter Anna, Ester wrote about how ‘‘the famil- the winter. They were so emaciated and piti- simply eliminated them when they had iar sounds of the camp—the screams of the able that civilians sometimes threw them no further use for them. kapos, the screams for tea, soup, bread, all bread and even clothing as they passed. The Today, the twin camps of Auschwitz- those hated sounds now seem so precious to SS guards discouraged the practice by shoot- Birkenau lay silent, belying the hor- me and so soon to be lost . . . Not for me the ing at the civilians. The last few weeks and rors that occurred there. When one glad tidings of forthcoming salvation; every- months, as the Reich collapsed around them, were some of the hardest the prisoners had walks among the ruins of the partly thing is lost and I so want to live.’’ Ester was bombed out crematoriums and the re- 20. On Jan. 6, 1945—less than two weeks be- to endure. Linda Breder, interned near ¨ fore the Germans abandoned Auschwitz alto- Ravensbruck, in Germany, gives a calm ac- mains of the barracks where the vic- gether—the four women were taken to the count of her 33 months at Auschwitz and the tims lived, if one could call it that, one gallows. Their fellow prisoners had been as- death march along a road ‘‘paved with cannot escape the question, is there no sembled for the spectacle. Two women corpses in the snow.’’ But she breaks down in limit to man’s cruelty to his fellow grabbed Anna and pushed her into a barracks tears at the memory of a kettle full of soup man? that overturned as it was being served, leav- to keep her from watching, but she heard the ing the starving women to lick the food from As we celebrate this anniversary we groans. It was the last public execution at the snow. Freed eventually by the Russians, must do so in the realization that in Auschwitz. she set off with some friends to walk back to commemoration we seek prevention— As fall turned to winter, and the Red Army Slovakia, living off the land. They went into prevention of such horrors in the fu- drew closer, new orders arrived from Berlin. a German woman’s house; the table was set The transports stopped coming, the ture. The words never again, must keep with dishes and napkins, there was a tureen crematoriums went cold—in fact, the whole their original meaning and not be of hot soup. The women had seen nothing vast operation went furiously into reverse, tossed aside dependent upon the new like it for three years. Anger and hunger as the Germans began dismantling the evi- victims’ group. waged war within them, until one grabbed dence of what was to have been the crowning the tablecloth and sent everything crashing Finally, we must teach the lessons of achievement of the Third Reich. Crews sent to the floor. They searched the house and this dark past to our children so that to clean out the chimneys had to scrape out found the woman, hiding, and two SS uni- they know that there was indeed a deposits of human fat 18 inches thick. The forms in a closet. They roughed her up and time like the Holocaust and that be- prisoners greeted these developments with moved on. cause of that it must never, never, be mixed emotions: happy to see the Nazis los- Meanwhile the Russians, having done their allowed to happen again. ing, but troubled by the general assumption part for history, had moved on themselves. that the Germans would slaughter them all The PRESIDING OFFICER. Is there The survivors stood and walked out as free further debate on the resolution? first. men and women, and miraculously got on The Soviet offensive on Upper Silesia with their lives. They went back to being If not, the question is on agreeing to began on Jan. 12, and the Germans quickly tailors, or jewelers, doctors and writers; the resolution. fell back. Red Army guns boomed over the some went to Palestine and fought another The resolution was agreed to. roll call on the evening of Jan. 17. The next war. You couldn’t pick them out of a crowd, The preamble was agreed to. day, long columns of prisoners began march- now, in Jerusalem, Toronto or Los Angeles, The resolution (S. Res. 74) and its ing out of the camp, thousands at a time— unless you happened to spot the numbers preamble are as follows: past the famous sign with its mendacious graven on their forearms. They (and the oth- S. RES. 74 promise ARBEIT MACHT FREI (WORK ers who passed through Auschwitz) left be- MAKES ONE FREE), leaving behind the re- hind, according to a subsequent Soviet ac- Whereas on January 27, 1945, the Auschwitz mains of the chimneys that were supposed to counting, more than a million suits, coats extermination camp in Poland was liberated be their only exits. Most were in various and dresses, seven tons of human hair and by Allied Forces after almost five years of stages of starvation; many had only wooden comparable heaps of shoes, eyeglasses, cook- murder, rape, and torture; shoes or rags to cover their feet as they ing utensils and other goods, counting only Whereas more than one million innocent tramped over the freezing mud. The German what was found in only six of the 35 store- civilians were murdered at Auschwitz alone; officers enforced one simple rule: anyone rooms of Canada, the Germans having Whereas Auschwitz symbolizes the brutal- who fell behind, for any reason, was shot burned the rest. They took with them the in- ity of the Holocaust; dead on the spot. ‘‘You were outside, without delible memory of the moment when a tall Whereas Americans must ‘‘never forget’’ fences, but you were not free,’’ said Siggi man in shiny boots condemned them to life, this terrible crime against humanity and Wilzig. ‘‘If you thought the camp was bad, the moment in which Rita Yamberger sees a must educate the generations to come so as just wait until the death march.’’ Wilzig had young boy pulled roughly from her grip and to promote the understanding of the dangers usable shoes, but several days into the shoved to the left. ‘‘From afar, I saw the lit- of intolerance in order to prevent similar in- march a shoelace broke, which could have tle boy. He was lost in the crowd, shouting justices from happening ever again; and cost him his life. Just then he spied a sapling for his mother. He was lost. I hope he found Whereas commemoration of the liberation poking out of the snow; he worked it free and his mother and they died together.’’ of Auschwitz will instill in all Americans a greater awareness of the Holocaust: Now, lashed his shoe together in time to rejoin his COMMEMORATING THE 50TH ANNIVERSARY OF therefore, be it march. ‘‘An act of God!’’ he exults. THE LIBERATION OF AUSCHWITZ In the confusion of these days quite a few Resolved, That the Senate hereby— prisoners managed to escape. Louis Zaks, Mr. D’AMATO. Mr. President, I rise (1) commemorates January 27, 1995, as the who had been in concentration camps since today to commemorate the 50th anni- fiftieth anniversary of the liberation of the 1941, was working in the coal mines of the versary of the liberation of Auschwitz. Auschwitz death camp by Allied Forces in Jaworzno subcamp when the Soviets ap- On January 27, 1945, Soviet Red Army the Second World War; and proached; he declared his own emancipation troops liberated the deathcamp where (2) calls upon all Americans to remember a day early by refusing to go to work, which upwards of 1.5 million people were the more than one million innocent victims in normal times would have meant a bullet exterminated. In the years since, the who were murdered at Auschwitz as part of the Holocaust. in the head. He was marched to another very word has become a synonym for subcamp, Blechhammer, where he ran off and death. It was said that in Auschwitz Mr. GLENN. Mr. President, I move to hid in a coal pile. After several hours, he felt reconsider the vote. safe enough to stretch, and the coal began to the only path to freedom—freedom move, and 20 people stood up from nearby from torture and starvation—was Mr. BRADLEY. I move to lay that piles. But freedom had its perils also. Walk- through the smokestacks of the crema- motion on the table. ing on the highway north toward Lodz, he torium. The motion to lay on the table was and his fellow escapees encountered a group The Nazis, with pathological preci- agreed to. of Soviet soldiers. ‘‘They asked for our sion, collected Jews and their other f watches. We told them, ‘We have no watches, victims from all over Europe and the we are from a concentration camp.’ ‘Oh.’ Soviet Union and funnelled them into UNFUNDED MANDATE REFORM they said, ‘you are Jews. Nobody likes Jews. ACT Germans don’t like Jews, Poles don’t like the twin camps of Auschwitz and Jews, we don’t like Jews.’ They chased us Birkenau. Once there, their belongings The Senate continued with the con- into the forest and lifted their rifles.’’ Zaks were collected, their heads shaved, and sideration of the bill. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1605 AMENDMENT NO. 209 tions would not be covered under S. 1, the next 5 years, if the statute were not Mr. KEMPTHORNE. Mr. President, I because it would not increase the du- amended, but enactment of the bill ask unanimous consent that the pend- ties already established in the existing would reduce this amount to $35 mil- ing business be set aside and that we legislation. lion per year. call up amendment No. 209. Likewise, a bill that would reauthor- This $5 million saving is offset The PRESIDING OFFICER. Is there ize appropriations, and would thereby against the $50 million imposed by the objection? Without objection, it is so restore Federal financial assistance at new duty in the bill. Therefore, the net ordered. the same level as before the lapse, increase in the direct cost of the bill Is there debate on amendment 209? would restore—not reduce—the Federal would only be $45 million per year, Mr. KEMPTHORNE. Mr. President, financial assistance available to be which is below the threshold. with regard to amendment No. 209, we used to comply with the mandate. This concept of net increase in the have made the point repeatedly that S. Thus, even if the previous authoriza- aggregate amount of direct costs is 1 is not retroactive. This amendment tion of appropriations had lapsed, the stated in the amendment now before simply provides language to clarify reauthorization would not impose a net us. This net increase approach is also that it is not retroactive. It is lan- increase in the aggregate amount of di- required by the provisions in the defi- guage which is similar to what had rect costs exceeding the thresholds, nition of ‘‘direct costs’’ already con- been put in the House version also stat- and would therefore not be covered tained in the S. 1. ing that clarification that this is not under S. 1. Does the Senator from Idaho agree? retroactive. Does the Senator from Idaho agree Mr. KEMPTHORNE. Yes, I agree with Mr. GLENN. Mr. President, I would with my understanding? the description of the legislation as like to explain my understanding of Mr. KEMPTHORNE. Yes, I have this presented by the Senator from Ohio. this amendment and its impact. I same understanding of the proposed would also like to ask a few questions legislation. AMENDMENT NO. 225 TO AMENDMENT NO. 209 of my friend and colleague from Idaho, Mr. GLENN. Finally, when a bill Mr. GLENN. Mr. President, I send to Senator KEMPTHORNE, about his under- would amend Federal legislation, S. 1 the desk an amendment in the second standing of this amendment and its im- would apply only to the amount of net degree and ask for its consideration. pact, so that we can try to avoid any increase in the aggregate amount of di- The PRESIDING OFFICER. The misunderstanding. rect costs that would result from en- clerk will report the second-degree Throughout this debate, my col- actment of the bill. This is true for re- amendment. league from Idaho and I have indicated authorization bills and for other bills The bill clerk read as follows: that S. 1 does not cover mandates in that amend Federal statutes. The Senator from Ohio [Mr. GLENN] pro- existing law. Let me give a couple of examples: poses an amendment numbered 225 to amend- Thus, even if a Federal statute con- Suppose that a pre-existing Federal ment No. 209. tains a large mandate, a bill to reau- statute would require State govern- Mr. GLENN. Mr. President, I ask thorize or amend that statute is not ments to spend $40 million per year for unanimous consent that reading of the subject to the detailed analysis and the next 5 years to perform certain ac- amendment be dispensed with. point-of-order requirements of S. 1— tivities. The PRESIDING OFFICER. Without unless enactment of the bill would re- And suppose that a bill is proposed objection, it is so ordered. sult in a net increase in aggregate di- that would amend this Federal statute, The amendment is as follows: rect costs of Federal mandates large by adding new requirements that would enough to exceed the thresholds in S. 1. cost an additional $20 million per year Strike page 1, line 2, through page 2, line 4, The threshold for Federal intergov- for the next 5 years. and insert the following: ‘‘( ) CLARIFICATION OF APPLICATION.—(1) ernmental mandates is $50 million per Such a bill would not trigger the This section applies to any bill, joint resolu- year, and for Federal private sector point of order under S. 1. It is true tion, amendment, motion, or conference re- mandates it is $200 million per year. that, if the bill is enacted, the amended port that reauthorizes appropriations, or Thus, the detailed analysis and statute will cost $60 million per year that amends existing authorizations of appoint-of-order requirements of S. 1 over the next 5 years. propriations, to carry out any statute, or would not apply to the reauthorization But we must subtract $40 million per that otherwise amends any statute, only if or amendment bill—unless the bill year, which is the amount that would enactment of the bill, joint resolution, would establish new or additional du- be required by the pre-existing Federal amendment, motion, or conference report— ‘‘(A) would result in a net reduction in or ties beyond the duties in the preexist- statute in the next 5 years if it is not elimination of authorization of appropria- ing statute, or unless the bill would re- amended. tions for Federal financial assistance that duce the authorization of Federal fi- Thus, the net increase in the aggre- would be provided to States, local govern- nancial assistance below what is au- gate amount of direct costs that would ments, or tribal governments for use for the thorized in the preexisting statute, be caused by the bill would be only $20 purpose of complying with any Federal inter- such that the net increase in the aggre- million per year. This is below the governmental mandate, or to the private sec- gate amount of direct costs would ex- threshold of $50 million per year. tor for use to comply with any Federal pri- ceed the applicable threshold. Does the Senator from Idaho agree vate sector mandate, and would not eliminate or reduce duties established by the Fed- Is my understanding correct? with my analysis? eral mandate by a corresponding amount; or Mr. KEMPTHORNE. Yes, the Senator Mr. KEMPTHORNE. Yes I do. ‘‘(B) would result in a net increase in the is correct. The requirements of S. 1 Mr. GLENN. Now let me offer a aggregate amount of direct costs of Federal would apply to the bill only if the new slightly different example: intergovernmental mandates or Federal pri- or additional duties or reduced Federal Again, suppose that a pre-existing vate sector mandates otherwise than as de- financial assistance would impose a net Federal statute would require State scribed in paragraph (1). increase in the aggregate amount of di- governments to spend $40 million per ‘‘(2) For purposes of this section, the direct rect costs on State, local or tribal gov- year for the next 5 years to perform cost of the Federal mandates in a bill, joint resolution, amendment, motion, or con- ernments exceeding the $50 million per certain activities. ference report that reauthorizes appropria- year threshold, or on the private sector This time, though, suppose that a bill tions, or that amends existing authoriza- exceeding the $200 million per year is proposed that would add a duty that tions of appropriations, to carry out a stat- threshold. would cost the States an additional $50 ute, or that otherwise amends any statute, Mr. GLENN. Second, as I understand million per year for these same activi- means the net increase— this amendment, the requirements of ties. ‘‘(A) in the aggregate amount of direct S. 1 would not be triggered just because But suppose that the same bill would costs of Federal mandates that would result there is a lapse in the authorization of also reduce the duties that are already under the statute if the bill, joint resolution, amendment, motion, or conference report is appropriations. in the pre-existing statute, saving the enacted, Even after the previous authorization States $5 million per year. ‘‘(B) over the aggregate amount of direct of appropriations had lapsed, a bill that In other words, the pre-existing stat- costs of Federal mandates that would result would only reauthorize the appropria- ute would cost $40 million per year for under the statute if the bill, joint resolution, S 1606 CONGRESSIONAL RECORD — SENATE January 26, 1995 amendment, motion, or conference report nized to offer a second-degree amend- Mrs. KASSEBAUM. Mr. President, were not enacted.’’ ment, and there be 20 minutes for de- this amendment expresses the sense of Mr. GLENN. Mr. President, just a bate to be divided in the usual form, the Senate that the President should short statement regarding this amend- and that Senator BOXER be recognized fully enforce laws against child pornog- ment. to offer a further second degree amend- raphy, child abuse, and child labor. This amendment clarifies how the ment which shall be debated during the During the 103d Congress, we passed a provisions of S. 1 will treat a reauthor- same 20 minutes. resolution opposing the administra- ization or other amendment of existing I further ask that following the con- tion’s position before the Supreme statutes that contain mandates. Our clusion or yielding back of time, the Court in the Knox case that would have understanding all along, as Senator Senate proceed to vote on the Kasse- weakened our child pornography laws. KEMPTHORNE said, with both of us is baum amendment to be followed by a My recollection is that the resolution that S. 1, as did S. 993 last year, applies vote on or in relation to the Boxer sec- passed with over 95 affirmative votes. only to future mandates that add new ond-degree amendment to be followed We sent a strong signal to the admin- costs. And this amendment clarifies immediately by a vote on the Boxer istration that we expect the Federal that intent. amendment No. 203, as amended, if Government to take a tough stance Basically, the amendment does the amended. following. It ensures that reauthoriza- against child pornography. I think we The PRESIDING OFFICER. Without have an opportunity to re-send that tions which do not change existing objection, it is so ordered. laws but merely extend the authoriza- signal to assure ourselves that the Jus- Mr. KEMPTHORNE. Mr. President, I tice Department received the message. tion are not covered under S. 1. ask unanimous consent that at 8 So if an authorization is simply ex- Mr. President, child abuse and por- o’clock tonight the Senate proceed to tended for several years without any nography is a serious matter. It leaves vote on the motion to table the Binga- substantive change, it is not covered. scars that last a lifetime. Children who man amendment to be followed by a Second, if a bill to reauthorize or were abused sometimes grow up to be- vote on the Kassebaum amendment to amend a statute imposes new costs on come abusers themselves, and their be followed by a vote on or in relation State and local governments or the pri- personal relationships—with spouses, to the Boxer second-degree amend- vate sector, but in another part of that friends, and relatives—are rarely the ment. bill the cost of existing requirements same as they would otherwise have The PRESIDING OFFICER. Is there are reduced, then those savings are been. objection? credited against the new costs imposed. The amendment I am offering today So direct costs are net costs. And if the Mr. GLENN. Reserving the right to expresses the sense of the Senate that savings outweighed the new costs, and object, and I do not plan to object. the administration should strongly en- the net costs do not exceed the thresh- Mr. KEMPTHORNE. Mr. President, I force Federal laws designed to address old, then S. 1’s points of order would ask that I be allowed to modify the child pornography. I urge my col- not apply. unanimous consent request so that the leagues to support the amendment. Finally, this language makes clear Kassebaum amendment would occur Mr. President, for just a moment I that in bills to reauthorize or amend a first, followed by the Boxer second-de- would like to speak on the underlying statute, it is new costs that will be gree amendment, then followed by the amendment of the Senator from Cali- scored, and the baseline of costs that Bingaman amendment, to be tabled. fornia. While the first vote will be on would be imposed under the preexisting The PRESIDING OFFICER. Without the second-degree amendment, I have statute are not part of the CBO or objection, it is so ordered. some serious concerns about the under- Budget Committee calculation of costs. Several Senators addressed the lying amendment. I believe that this amendment is non- Chair. Just briefly, I would note that the controversial, and it has been accepted The PRESIDING OFFICER. The Sen- amendment of the Senator from Cali- on the other side. It clarifies what has ator from Kansas. fornia would exempt unfunded mandate been our intent all along—that S. 1 Mrs. KASSEBAUM. May I ask a pro- restrictions from future legislation apply to new mandates imposing new cedural question at this point? The dealing with child labor, which is an costs. Senator from California has introduced important and serious matter, there is The PRESIDING OFFICER. The Sen- her amendment, is that correct? So it certainly no question about that. But I ator from Idaho. has been introduced and is at the desk? point out that many of our child labor Mr. KEMPTHORNE. Mr. President, I The PRESIDING OFFICER. That is restrictions come from the Department am prepared to accept the second-de- correct. of Labor regulations rather than by gree amendment as proposed by the AMENDMENT NO. 226 TO AMENDMENT NO. 203 statute, and they address problems Senator from Ohio. that are a long way from children (Purpose: To ensure that the President fully The PRESIDING OFFICER. If there enforces laws against child pornography, working in the salt mines, which led to be no further debate, the question is on child abuse, and child labor) unfortunate abuses which we have agreeing to the amendment. Mrs. KASSEBAUM. Mr. President, I tried to correct over the years. The amendment (No. 225) was agreed send an amendment in the second de- Let me give an example. The Sec- to. gree to the desk and ask for its imme- retary of Labor, to his credit, allowed The PRESIDING OFFICER. Is there diate consideration. an exemption of our child labor laws so further debate on the first-degree The PRESIDING OFFICER. The that children could work as bat boys at amendment as amended? If not, the clerk will report. major league baseball games. By regu- question is on the amendment. The legislative clerk read as follows: lation, children ages 14 to 15 cannot The PRESIDING OFFICER. If there work after 7 p.m. on school nights The Senator from Kansas [Mrs. KASSE- be no further debate, the question is on BAUM] proposes an amendment numbered 226 without a Labor Department exemp- agreeing to the amendment. to amendment No. 203. tion. The amendment (No. 209), as amend- Mrs. KASSEBAUM. Mr. President, I I think it is very important that ed, was agreed to. ask unanimous consent that reading of whenever we consider legislation that Mr. GLENN. Mr. President, I move to the amendment be dispensed with. we debate whether the benefits of the reconsider the vote. The PRESIDING OFFICER. Without unfunded mandate outweighs the bur- Mr. KEMPTHORNE. I move to lay objection, it is so ordered. den. We have seen countless examples that motion on the table. The amendment is as follows: where, indeed, it reaches absurd pro- The motion to lay on the table was portions. agreed to. In the pending amendment, strike the lan- That debate will only take place if guage after ‘‘(7)’’ and insert the following: Mr. KEMPTHORNE. Mr. President, I ‘‘expresses the Sense of the Senate or the we assure that child labor and other ask unanimous consent that when the Sense of the House that the President should labor standards be included within the Senate resumes the Boxer amendment fully enforce existing laws against child por- unfunded mandates bill. Weighing costs No. 203, Senator KASSEBAUM be recog- nography, child abuse, or child labor.’’. is an important part of the legislative January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1607 process, and for this reason I oppose ex- child. That interpretation, which was ment numbered 227 to amendment numbered cluding labor standards, even child not faithful to the intent of Congress, 203. labor standards, from S. 1. would have undermined that important Mrs. BOXER. Madam President, I ask Mr. President, to reiterate, we will be child pornography law and would have unanimous consent that reading of the voting on the second degree amend- left many victims of child pornography amendment be dispensed with. ment that I offered, but I want to com- without protection. The PRESIDING OFFICER. Without ment for a moment on the underlying On November 4, 1993, by a vote of 100 objection, it is so ordered. amendment offered by the Senator to zip, 100 to nothing, the Senate con- The amendment is as follows: from California. I have serious condemned the Clinton Justice Depart- At the end of the amendment, add the fol- cerns with the underlying amendment. ment’s efforts to weaken that child lowing: Let me provide another example of a pornography law. On April 20, 1994, the ‘‘( ) is intended to study, control, deter, Federal mandate regarding child labor House, by a vote of 425 to 3, also con- prevent, prohibit or otherwise mitigate child restrictions. During the 102d Congress, demned the Clinton Justice Depart- pornography, child abuse and illegal child the Labor Committee held a hearing on ment’s misreading of the law and their labor.’’. Senator METZENBAUM’s child labor bill, interpretation of the law. Mrs. BOXER. Madam President, I S. 600, that required children under 16 Having gotten the message from Con- would appreciate it if you would tell years of age to obtain a certificate of gress, the Clinton Justice Department me when I have about 4 minutes left of employment from their State labor de- ultimately reversed field and corrected my time. This is not going to be a pro- partment before starting work. its reading of the child pornography longed debate. Under the Metzenbaum bill, parents law. Within the last week or so, the Su- I am very fortunate to have had a would have had to sign the certificate, preme Court denied Knox’s petition for chance to express myself on this mat- and a responsible official at the child’s review, therefore making his convic- ter, and I will do so once again. school would have had to certify that tion final. That is what should have First, I want to make the point that the child was meeting the school’s at- been done from the beginning. I am fully supportive of the amend- tendance requirements. Each State What this series of events shows us is ment offered by my friend from Kan- labor department would then send a that the resolutions by the Senate and sas, Senator KASSEBAUM. I think there copy to the child’s parents and fulfill the House can prevent Presidents from is nothing in that amendment that detailed reporting to the Federal Gov- failing to enforce existing laws against conflicts with my underlying amend- ernment regarding the number and child pornography, child abuse, and ment. I am going to proudly support type of certificates issued. child labor. And that is the way to do both. I hope that the Members of the Mr. President, many school boards ASSEBAUM’s amendment it. Senator K U.S. Senate will do the same and I will and State labor departments vigor- would exempt these resolutions from explain why. ously opposed this paperwork burden. the scope of S. 1 and would ensure that I also want to tell the Senator from School teachers want to teach, not fill enforcement of these important laws Kansas how much I appreciate her out forms. State labor officials want to remain vigorous. working with me so that we can each focus on real problems, rather than hir- It is the way to do it. I commend the have a vote on our respective amending clerical employees to analyze data distinguished Senator from Kansas for to report to the Federal Government. If making the effort to do this the right ments, or at least on the motion to every farm kid in Kansas had to file way. table. I think it is very important that these working papers, my State’s labor I would like to see her amendment the Senate have a chance to express it- department would be overwhelmed. pass overwhelmingly. I hope that we self on both of these concepts. Thankfully, S. 600 never made it to can then vote against the amendment The amendment from the Senator the Senate floor during the 102d Con- of my good friend, the distinguished from Kansas says that it is the sense of gress. But in the future, if we consider Senator from California. the Senate that the President should this type of legislation, then the Sen- I reserve the remainder of the time fully enforce existing laws against ate should debate whether the benefit to the distinguished Senator from Kan- child pornography, child abuse, or child of the unfunded mandate outweighs the sas. labor. I could not agree more with burden. Mrs. KASSEBAUM. I thank the Sen- that. We have laws on the books, and Mr. President, I will yield the re- ator. Mr. President, I appreciate the they should in fact be fully and com- mainder of the time I have to the Sen- comments of the Senator from Utah. pletely enforced. And as you know, ator from Utah. Madam President, how much time is Madam President, together we called The PRESIDING OFFICER (Ms. left? on the Attorney General to fully en- SNOWE). The Chair recognizes the Sen- The PRESIDING OFFICER. The Sen- force the laws to protect health clinics ator from Utah. ator has 4 minutes and 20 seconds re- as well. Mr. HATCH. Madam President, I rise maining. But I think we need to go beyond ex- in support of Senator KASSEBAUM’s Mrs. KASSEBAUM. I reserve the re- isting laws because we are talking amendment to Senator BOXER’s amend- mainder of my time for a few moments, about S. 1. S. 1 is about future law, ment. This amendment will bolster en- if the Senator from California would Madam President. The reason I have forcement of our Nation’s laws against like to use some of her time. kept this chart here throughout the de- child pornography, child abuse, and The PRESIDING OFFICER. The bate on S. 1 is to make sure Senators child labor. Chair recognizes the Senator from understand the kind of legislative hur- What we need even more than new California. dles that we are going to be putting laws against child pornography, child Mrs. BOXER. Thank you, Madam many of our bills through. There are abuse and child labor, is full enforce- President. reasons for this. There are many in the ment of the good laws that are already AMENDMENT NO. 227 TO AMENDMENT NO. 203 U.S. Senate who want to slow up the on the books by the President and by (Purpose: To ensure that nothing in this Act process; they do not want to see us pass the Justice Department. In this regard, threatens child pornography, child abuse, bills that have to be enforced by the sense-of-the-Senate and sense-of-the- and child labor laws) States and locals without adequate House resolutions urging the President Mrs. BOXER. Madam President, in funding. I share that view. I liked last to enforce existing laws, I think, can accordance with the unanimous-con- year’s bill better because I thought it prove to be invaluable. sent agreement, I send an amendment was less bureaucratic. I thought it Take, for example, the case of Knox to the desk and ask for its immediate treated us more like legislators. It did versus United States. As all of my col- consideration. not take us into a situation where we leagues will remember, in that case the The PRESIDING OFFICER. The may have our hands tied. Clinton Justice Department adopted a clerk will report. That is why the exceptions clause of bizarre interpretation of a Federal The bill clerk read as follows: this bill is so important. The authors child pornography law in which they The Senator from California [Mrs. BOXER], of the bill say there are certain things supported the pornographer over the for herself and Mr. DODD, proposes an amend- that are so important—and they named S 1608 CONGRESSIONAL RECORD — SENATE January 26, 1995 bills to secure civil rights, prevent dis- exemptions with that of child pornog- Mrs. BOXER. Madam President, I say crimination, and to implement inter- raphy, child abuse, and child labor laws to the Senator from Kansas thank you national treaties—those things are so is a little bit like comparing apples and for offering your amendment. It is a important they said, that these would oranges. International treaties involve terrific amendment. But it absolutely, be exceptions to S. 1, that those bills other countries. There are some very positively has nothing to do with my would not have to go through the legis- complicated legal reasons why there amendment. My amendment recognizes lative hurdles which I have described should be and has to be an exemption that there is, in fact, already an excep- over and over again on the Senate for those international laws. I think we tion clause in this bill. I am not adding floor. would all agree that the areas which it, I say to the Senator from Kansas; it I guess I need to ask my friends who the Senator from California would like is there. Yes, there is an exception for may be considering voting against the to exempt are very special areas. My international treaties, but there is also Boxer amendment, do you think that sense-of-the-Senate second-degree one for civil rights. our children are as important as our amendment does not diminish the seri- Now, let us talk about that. Who is international treaties? International ousness of the areas that have been ad- protected under the civil rights laws? treaties will be exempted from S. 1’s dressed by the Senator from California. Women, against sex discrimination; the point of order, but not our children. I Clearly, child abuse and child pornog- elderly, against age discrimination; say, further, that as we look around raphy are serious matters to all of us. and, of course, there are laws to pre- the country, and we look at the issues It leaves scars that last a lifetime. We vent racial discrimination. We want to of child abuse, illegal child labor, and have passed legislation to address these make sure that any law that deals with child pornography, we have serious concerns to try to end child abuse. racial discrimination, discrimination problems in these areas. Nevertheless, in many instances, what based on age, and sex discrimination, In 1992, 2.9 million children were re- we need to do is to make sure that are in fact not going to get trapped in ported abused or neglected, about tri- those laws that are already on the the hurdles of S. 1. I am not adding a ple the number reported in 1980. Among books are strictly enforced. The Sen- new exemption clause in the bill. Civil substantiated and indicated victims of ator from California has agreed with rights is already exempted. I support child maltreatment, 49 percent suffered that. But I think when we pass new leg- that, and I am certain that my friend neglect, 23 percent physical abuse, 14 islation, all I am saying is that we need from Kansas does, as well. percent sexual abuse, 5 percent emo- to carefully evaluate the costs and the What I am saying simply is, if protec- tional abuse, and 3 percent endured benefits. tions for women are very important to medical neglect. Every one of us could find areas this society, if protections for the el- We also have problems in the work- which we think should be exempted be- derly are very important to this soci- place. By law businesses are prohibited cause they are special. We have already ety, if protections for ethnic minorities from hiring children younger than 14 voted on a number of those in the last are very important to this society, if and teens between the ages of 14 and 16 couple of days. Some of us have voted we are all important to this society as may work after school only in against issues that we care about deep- human beings, then my goodness, let nonhazardous jobs. This is a mandate, I ly because creating special categories us add laws that protect our children say to my colleagues, to protect our in this unfunded mandates legislation to this list. children. That is why I support the bill will only place other important is- According to the National Center for Kassebaum amendment. sues at risk. Missing and Exploited Children, Kan- Yes. We should fully enforce the law. I think that it is very important for sas, Florida, and Georgia have no laws But what if we feel the laws are not us as we vote to separate our own con- criminalizing the distribution of child going far enough? Do we want to cap- cerns about the seriousness of the issue pornography. Mississippi and Michigan ture these future amendments and bills which the Senator from California have no laws making it a crime to pos- in this bureaucratic maze? Again, as I raised, and our own concern that those sess child pornography. Congress might have said before, the CBO are fine peo- issues be addressed in a thoughtful well find that not a lot of States have ple. They are represented here on the way. And the fact that the Senator’s enacted child pornography laws and re- chart in red. They can stop an amend- amendment carves out yet another ex- quire States to do so. I think we ought ment or a bill if they tell us that it is emption, which would in many ways to be able to act fast in that case. over $50 million. The green here on the put other important things at risk, There is a new form of child pornog- chart applies to the role of the Par- leads to the question, if we do this, raphy: the computer bulletin board. My liamentarians. We love our Par- what is the next area that we would friend from Kansas says the President liamentarians. But they were not elect- wish to exempt? should enforce all of the existing laws. ed. They can stop, Madam President, a I think we have to look at our obliga- She is right. We should vote 100 to zero bill that you have written or an tions, and as we look at legislation, we on her amendment. But technologies amendment that you have written. And must weigh the costs and benefits. are changing. There are some new laws I think it is time for us to stand up for That is why it seems to me the better that may well need to be placed on the the children, and say, if that bill in- alternative is the second degree books. On the computer bulletin board, volves child pornography, sexual abuse, amendment, which we could all agree pornographic images are transmitted or child labor laws, it should be added addresses very important and serious by computers, and some adults have to the exceptions in S. 1 which include concerns. Yet, at the same time, there used on-line communications to lure international treaties. are other things that should not be young children and abuse them. I know a lot of people who think carved out as special exemptions at a The following incident was reported GATT is important. I was one of them. time when we are trying to address a in the April 18, 1994, issue of Newsweek: It is very important. NAFTA is very serious concern regarding unfunded A 27-year-old computer engineer in important. But, my goodness, our chil- mandates. California used his computer to prey dren are important too. Madam President, I yield the floor. upon a 14-year-old boy. After many on- The PRESIDING OFFICER. The Sen- Mrs. BOXER addressed the Chair. line conversations, he persuaded the ator has 4 minutes remaining. The PRESIDING OFFICER. The boy to meet him in person. I do not Mrs. BOXER. I retain the remainder Chair recognizes the Senator from want to go into the horrible experience of my time. California. this child had. But this is an area we The PRESIDING OFFICER. The Mrs. BOXER. Madam President, how have not legislated upon. Chair recognizes the Senator from Kan- much time is left on the other side? If you listen to my friends from Utah sas. The PRESIDING OFFICER. There is and Kansas, you would think, well, we Mrs. KASSEBAUM. Thank you, 46 seconds remaining on the other side. have all the laws we are going to have; Madam President. Mrs. BOXER. I ask that I may retain let us enforce them. I am saying that I would like to respond for a moment 1 minute, and I will take 3 at this time. this is a serious problem to the chil- to the Senator from California. In fact, The PRESIDING OFFICER. The Sen- dren of our Nation and we, as parents, I think comparing international treaty ator is recognized. should do something about it. I hope January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1609 we will support both of these amend- last stacked rollcall vote occurring at 8 our national borders through immigra- ments. They are both important. p.m. tonight. tion and other border control respon- I will reserve my time. The PRESIDING OFFICER. Without sibilities. Or, second, where there is a Mrs. KASSEBAUM. Madam Presi- objection, it is so ordered. proposal to reduce or eliminate the dent, I will briefly say that pointing Mr. KEMPTHORNE. Madam Presi- amount of authorization for reimburse- out that Kansas does not have laws dent, I yield the floor. ment to States, local governments, or against child pornography is the very Mr. GRAHAM addressed the Chair. tribal governments for the net cost as- reason we need to enforce the Federal The PRESIDING OFFICER. The sociated with three categories of ille- laws. Chair recognizes the Senator from gal aliens: first, criminal justice activ- I yield the remaining time I have to Florida. ity; second, emergency health care; the Senator from Utah. AMENDMENT NO. 184, AS MODIFIED and, third, education of the children of Mr. HATCH. Madam President, let Mr. GRAHAM. Madam President, illegal aliens. me bring it down to a simple state- pursuant to the unanimous consent There is a provision also in this ment. The Boxer amendment—our col- agreement, I send to the desk a modi- amendment which states that, in order league from California—would create fication of amendment No. 184. for a State, local government, or tribal special exemptions from S. 1 for child The PRESIDING OFFICER. The government to be eligible for this, they pornography, child labor, and child amendment is so modified. must demonstrate that they have co- abuse laws. The amendment (No. 184), as modi- operated with the Federal Government Her approach is strongly opposed, as fied, is as follows: to locate, apprehend, and deport illegal I understand it, by the Governors, On page 6, strike line 3 and all that follows aliens. That is to say, a unit of govern- State legislators, and mayors. The through line 10, and insert the following: ment at the State, local, or tribal level Kassebaum approach would encourage (ii) would reduce or eliminate the amount must indicate that it has cooperated in the President to fully enforce the laws of authorization of appropriations for— the national effort to arrest or control (I) Federal financial assistance that would that already exist on the books against this problem as a condition of being child porn, child abuse, and child labor. be provided to States, local governments, or tribal governments for the purpose of com- able to meet the test necessary to acti- That is the difference. I think we plying with any such previously imposed vate this procedure. should vote for the Kassebaum amend- duty unless such duty is reduced or elimi- Madam President, I recognize that ment. nated by a corresponding amount; or this sounds somewhat complex, but I The PRESIDING OFFICER. The Sen- (II) the control of borders by the Federal believe that it is straightforward. ator from California has 33 seconds re- Government; or reimbursement to states, I offer this amendment, Madam maining. local governments, or tribal governments for President, with the cosponsorship of the net cost associated with illegal, deport- Mrs. BOXER. Madam President, this my colleague Senator MACK. And I feels a little bit like the House of Rep- able, and excludable aliens, including court- mandated expenses related to emergency want to express my appreciation to resentatives, because we have to speak health care, education or criminal justice; Senator KYL and to Senator SIMPSON so fast. But I am going to conclude. when such a reduction or elimination would and their staffs for their assistance. I think this has been a good debate. I result in increased net costs to States, local Having stated the amendment just think we can all agree that this is a governments, or tribal governments in pro- briefly, what is the nature of the prob- horrible problem. The question is: are viding education or emergency health care lem? children special? And that, in fact, if to, or incarceration of, illegal aliens; pro- There are in the United States today vided that this subparagraph shall not be in there is a bill we want to bring up here an estimated 3.5 million illegal aliens. that deals with stopping child pornog- effect with respect to a State government, local government, or tribal government, to These are people who are in the coun- raphy in Kansas, or California, or any- the extent that such government has not try because of some failure of our ca- where else, it does not get trapped by fully cooperated in the efforts of the Federal pacity to control our borders. Those 3.5 the parliamentary or CBO require- government to locate, apprehend, and deport million illegal aliens pose very serious ments in S.1. illegal aliens; financial burdens on States, local gov- I think it is worth a ‘‘yes’’ vote. I Mr. GRAHAM. Madam President, as I ernments, and tribal governments. hope we will come together, Repub- outlined in a statement which accom- In the case of the State of Florida, licans and Democrats, and vote for panied amendment No. 184 when it was for instance, it is estimated that illegal both the Kassebaum amendment and originally proposed, the purpose of this aliens within our State prison system the Boxer amendment. amendment is to deal in a fair and eq- cost the taxpayers of the State of Flor- I thank my colleagues. I have en- uitable manner with another form of ida each year approximately $55 mil- joyed having this chance to discuss unfunded mandate. That form of un- lion to $60 million. That is the 1-year this amendment. Thank you, Madam funded mandate occurs when the Fed- cost of incarcerating the illegal aliens President. eral Government has the sole, singular who are in our State prison system. I yield the floor. constitutional responsibility to carry A year ago, under leadership of Sen- Mr. HATCH. Madam President, I sug- out a function of Government and ator HUTCHISON, of Texas, Congress gest the absence of a quorum. where its failure to carry out that adopted a bill in which the Federal The PRESIDING OFFICER. The function of Government inevitably Government will begin to provide some clerk will call the roll. leads to significant costs to State, share of the cost of incarcerating ille- The assistant legislative clerk pro- local, or tribal governments. gal aliens. ceeded to call the roll. The specific function to which this This legislation would, for instance, Mr. KEMPTHORNE. Madam Presi- amendment goes is the issue of immi- come into play if there were an effort dent, I ask unanimous consent that the gration and specifically illegal immi- made to reduce the level of authoriza- order for the quorum call be rescinded. gration. The amendment utilizes the tion of that legislation or similar legis- The PRESIDING OFFICER. Without same procedures that we have been dis- lation that relates to control of the objection, it is so ordered. cussing for the past several days rel- borders, emergency health, or edu- AMENDMENT NO. 184 ative to other forms of unfunded man- cation of the children of illegal aliens. Mr. KEMPTHORNE. Madam Presi- dates. It provides that that procedure Madam President, that is the thrust dent, I ask unanimous consent that the will be available in basically two cat- of this amendment. Senate now turn to the consideration egories. I believe it is totally consistent with of Graham amendment No. 184; that The first is where there is a proposal the objective of this bill. That is, to Senator GRAHAM be recognized to mod- to reduce or eliminate the amount of have the Federal Government accept ify his amendment and there be 10 min- authorization of appropriations for the its responsibility when it mandates—in utes equally divided in the usual form, control of borders by the Federal Gov- this case, mandates—by inaction or with no second-degree amendments in ernment; that is, where there is a pro- failure, a cost on State, local govern- order; and that, following the conclu- posal to reduce the capacity of the Fed- ments or tribal governments. sion or yielding back of time, the vote eral Government to carry out its con- Madam President, I reserve the bal- be postponed to occur following the stitutional responsibility to enforce ance of my time. S 1610 CONGRESSIONAL RECORD — SENATE January 26, 1995 Mr. KEMPTHORNE. Madam Presi- concerns that he, too, was instrumen- ment to the Constitution of the United dent, I want to commend the Senator tal in forging this agreement. So a States. from Florida, who certainly has raised number of people in a bipartisan effort I think this is a historic vote. I a critically important issue to this and have accomplished this. served in the House in 1982, when the certainly to States that have experi- If there are no others wishing to U.S. Senate adopted a balanced budget enced this. He has been thoughtful and speak on this, I reserve the balance of amendment in August of that year and diligent in his pursuit of this. I think, my time. sent it to the House. As some who now also, the long history of the Senator Mr. GLENN. Madam President, I, serve in this Chamber will remember, from Wyoming, Senator SIMPSON, who too, want to congratulate the Senator we spent from August to October try- has worked with this issue for so many from Florida for working this out. We ing to get the requisite number of years. Senator MACK was also very started out quite a ways apart on this House Members to sign a discharge pe- helpful in crafting the language of this and by a lot of negotiation, with Sen- tition because the balanced budget amendment. ator SIMPSON’s help, I think we have amendment to the Constitution was At this point, I yield time to the Sen- resolved this in a fine way. We are being held off the floor by the Demo- ator from Wyoming but would ac- happy to accept it on this side. cratic majority leader and by the knowledge that we certainly and Madam President, parliamentary in- Democratic Speaker. strongly support this amendment as quiry. I believe under the current I remember vividly that every time modified. unanimous-consent agreement there we would get close to getting 218 people The PRESIDING OFFICER. The Sen- would be a rollcall vote on this amend- to sign the discharge petition, the ator has four minutes. ment unless it was vitiated; is that cor- Speaker and the majority leader would Mr. SIMPSON. Madam President, I rect? get Members to go down and take their thank the Chair. I just want to ac- The PRESIDING OFFICER. The roll- names off. knowledge the work of Senator GRA- call vote would have to occur unless vi- I remember vividly the day that we HAM, Senator MACK, Senator KYL, and tiated. got Vice President Bush to come down, Senator KEMPTHORNE, who have been Mr. GLENN. Madam President, I sug- we got roughly 20 Members of the very helpful. gest the absence of a quorum. House together and we all marched in Let me just be sure that we all un- The PRESIDING OFFICER. The and, at the same time, had them sign derstand that we are going to do a clerk will call the roll. the discharge petition. At that point, great deal on immigration in this ses- Mr. KEMPTHORNE. Madam Presi- names could not be taken off, and we sion of Congress. We have a good com- dent, I ask unanimous consent that the had a vote on the balanced budget mittee, good subcommittee. We will do order for the quorum call be rescinded. amendment to the Constitution. it in a bipartisan fashion. Members will The PRESIDING OFFICER. Without I am disappointed to say that in 1982, be working diligently to assure that objection, it is so ordered. the House of Representatives did not this amendment really never comes Mr. KEMPTHORNE. I ask unanimous have the votes to adopt the balanced into effect. consent that the Senator from Califor- budget amendment to the Constitu- I hope we can do that. It makes clear nia, Senator FEINSTEIN, be added as a tion. I think the history of our country that the State and local jurisdictions cosponsor to amendment numbered 184. would be different if we had had those must cooperate with the Immigration The PRESIDING OFFICER. Without votes. I think long-term interest rates Service in efforts to control illegal im- objection, it is so ordered. would be in the range of 3 to 4 percent. migration if they expect the Federal Mr. KEMPTHORNE. Madam Presi- I think the economy would be growing Government to assist them with the dent, I yield back any remaining time more rapidly. I think serving in Gov- costs they incurred due to illegal im- and I ask for the yeas and nays. ernment would be part of the real migration. I think that is imminently The PRESIDING OFFICER. Is there a world because, like every family and fair. sufficient second? every business in America, we would This amendment will certainly en- There is a sufficient second. have to say no and we would have to courage the Government to carry out The yeas and nays were ordered. say it often. The difference is, in fami- our sovereign duty, which is to control Mr. KEMPTHORNE. Madam Presi- lies people are saying no to those they our borders. I recommend Senators to dent, I suggest the absence of a love. In business, people are making the sweeping legislative bill I pre- quorum. hard decisions. But we do not make sented the other day, the Immigration The PRESIDING OFFICER. The those decisions here in Congress be- Control and Financial Responsibility clerk will call the roll. cause we are not forced to. Act. Take a good look at that. I seek The assistant legislative clerk pro- Thomas Jefferson, when he came your cosponsorship as we proceed in ceeded to call the roll. back from France and saw the Con- this very important field. I thank the Mr. GRAMM. Madam President, I ask stitution for the first time—he had Chair. unanimous consent that the order for been Minister to France when the Con- Mr. GRAHAM. Madam President, I the quorum call be rescinded. stitution was written—he said that if ask unanimous consent to indicate The PRESIDING OFFICER. Without he could make one change in the Con- those who are cosponsors of this objection, it is so ordered. stitution, it would be a change that amendment. The amendment as origi- f would limit the ability of the Federal nally submitted, number 184, has co- Government to borrow money. sponsors Senators MACK, BOXER, BALANCED BUDGET AMENDMENT I am obviously proud tonight, as I BRYAN, and REID. In addition to those, TO THE CONSTITUTION know many of our colleagues are, that I would also add Senators MCCAIN, Mr. GRAMM. Madam President, we the House of Representatives, at long KYL, and HUTCHISON. are waiting for amendments to go last and for the first time ever, has The PRESIDING OFFICER. Without through the distillation process, hope- adopted a balanced budget amendment objection, it is so ordered. fully to complete this bill. And as a re- to the Constitution to fix a problem Mr. KEMPTHORNE. Madam Presi- sult, I would like to say a few words with the Constitution that no less au- dent, I ask unanimous consent that my about action that just occurred in the thority than Thomas Jefferson recog- name also be added as a cosponsor. House of Representatives. The House nized over 200 years ago. The PRESIDING OFFICER. Without has yet to cast final passage on the bal- We will have an opportunity next objection, it is so ordered. anced budget amendment to the Con- week to have a vote on the balanced Mr. KEMPTHORNE. Also, Madam stitution. But in the vote that deter- budget amendment to the Constitution President, this morning we had a good mined which version of the balanced in the Senate. If we adopt it, it does discussion about this issue of immigra- budget amendment to the Constitution not go to the President. He has no tion. The Senator from California, who would be put before the full House for voice in a constitutional amendment. provided an amendment, and also the adoption, the House of Representatives If we can adopt it, it will take 67 votes Senator from Arizona, Senator KYL, just cast enough votes to assure the of the Senate. If we get 67 votes on that who, again, articulated many of the passage of a balanced budget amend- amendment, it will go to the States January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1611 and, when ratified by the States, it will just a moment in support of the that will quietly go away. Not when become the law of the land. It will then amendment offered by the distin- the problem grows bigger every day. force us to make hard decisions. It will guished senior Senator from Florida, Not when State governments are going force us to say no. It will change our Senator GRAHAM, dealing with the broke because of failed Federal poli- country. issue of immigration. I am proud to be cies. I look forward to working more For those who came to Washington, a cosponsor of that amendment. I am with Senator GRAHAM and Senator in the House or the Senate, to change proud to have worked with him on a SIMPSON to push the needed reforms America, in the 15 years that I have number of immigration issues in the through this Congress. had the pleasure of serving in the previous Congress. VOTE ON AMENDMENT NO. 226 House and the Senate, this will be the As a former Governor and attorney Mr. KEMPTHORNE addressed the first real vote that I will have ever cast general, I have long had deep concerns Chair. that I believe will permanently change for the excessive Federal mandates The PRESIDING OFFICER. The American history. that have placed a terrible strain on Chair recognizes the Senator from So I look forward to casting that State and local resources. Idaho. vote. I think the House has now defined I have felt firsthand the frustration Mr. KEMPTHORNE. Madam Presi- what the language should be. We have that State and local government offi- dent, I ask for the yeas and nays on the had a long debate over what should be cials feel when Federal mandates re- vote that is about to occur. included in the amendment. quire compliance, without regard to The PRESIDING OFFICER. Is there a I personally favored a three-fifths their own needs or financial priorities. sufficient second? vote to raise taxes. I thought setting The passage of both the immigration There appears to be a sufficient sec- out a clear preference to control spend- amendment and the unfunded mandate ing versus raising taxes to deal with legislation will be an important step in ond. the deficit was preferable. But the restoring some of the confidence and The yeas and nays were ordered. House of Representatives set out an trust in Congress that has been lost by The PRESIDING OFFICER. The amendment that does not have that State and local officials over the years. question is on agreeing to amendment provision. I think our chances of adopt- I feel strongly that the relationship No. 226 offered by the Senator from ing this amendment now come down to between the Federal, State, and local Kansas [Mrs. KASSEBAUM] to amend- our ability to get 67 votes for the governments must be improved by lim- ment numbered 203. The yeas and nays amendment that passed the House. iting the level of financial and admin- have been ordered. The clerk will call I am very much for that amendment. istrative burdens that Federal man- the roll. I intend to vigorously support it. And dates impose. My colleagues, Senators The assistant legislative clerk called if every Member of the Senate votes on GLENN of Ohio and KEMPTHORNE of the roll. that amendment the way they have Idaho, both members of the Senate Mr. LOTT. I announce that the Sen- voted in the past, and if our new Mem- Government Affairs Committee, ator from North Carolina [Mr. HELMS] bers who were Members of the House or worked long and hard with State and is necessarily absent. who have taken a public position on it local officials to fashion a bill that The PRESIDING OFFICER. Are there vote the same way they have in the would gain a broad base of support in any other Senators in the Chamber House, that amendment will be adopted the Senate. who desire to vote? and it will be sent to the States. One area, however, that has not been The result was announced—yeas 99, I think there is always a question as taken into account in the legislation nays 0, as follows: to how people are going to vote now before us is the impact upon our State [Rollcall Vote No. 53 Leg.] that we are shooting with real bullets, and local governments of the Federal YEAS—99 now that our individual votes might be Government’s immigration policy, or Abraham Feingold Lugar the difference between having a bal- should I say lack of policy and enforce- Akaka Feinstein Mack anced budget amendment to the Con- ment. Senator GRAHAM’s immigration Ashcroft Ford McCain stitution and not having it. Baucus Frist McConnell amendment ensures that when the Sen- Bennett Glenn Mikulski I think, obviously, we as Members of ate is considering legislation contain- Biden Gorton Moseley-Braun the Senate have a right to be proud of ing a potential unfunded mandate in Bingaman Graham Moynihan our colleagues in the House. I think it the area of immigration policy, that a Bond Gramm Murkowski does show that elections have con- Boxer Grams Murray budget point of order will be raised. Bradley Grassley Nickles sequences. Our House colleagues wrote Although immigration policy is sole- Breaux Gregg Nunn a Contract With America, and in that ly a Federal concern, States are re- Brown Harkin Packwood contract, they said they would bring up Bryan Hatch Pell quired to provide emergency health Bumpers Hatfield Pressler a balanced budget amendment to the care and education to undocumented Burns Heflin Pryor Constitution. They not only did it, but immigrants who reside in our States, Byrd Hollings Reid tonight they passed it. I am proud of and pay for the costs of incarcerating Campbell Hutchison Robb them, and I long for next week when Chafee Inhofe Rockefeller undocumented alien criminals. Coats Inouye Roth we will get an opportunity to join them Last July I joined with Senator GRA- Cochran Jeffords Santorum in changing America and changing it HAM and others in approving funds to Cohen Johnston Sarbanes for the better. Conrad Kassebaum Shelby reimburse States for the costs associ- Coverdell Kempthorne Simon I yield the floor and suggest the ab- ated with incarcerating illegal immi- Craig Kennedy Simpson sence of a quorum. grants. D’Amato Kerrey Smith Mr. BRYAN addressed the Chair. Without more responsible action Daschle Kerry Snowe Mr. GRAMM. Madam President, I DeWine Kohl Specter from the Federal Government on this Dodd Kyl Stevens withdraw my request in suggesting the issue, the States are fighting a losing Dole Lautenberg Thomas absence of a quorum. battle and the lives of all our citizens Domenici Leahy Thompson The PRESIDING OFFICER. The Dorgan Levin Thurmond are directly impacted. Exon Lieberman Warner Chair recognizes the Senator from Ne- Our amendment last July and our Faircloth Lott Wellstone vada. amendment today should be sending a NOT VOTING—1 f strong message to the Administration, to the INS, to the Justice Department Helms UNFUNDED MANDATE REFORM and to the Congress: State and local So the amendment (No. 226) was ACT governments will no longer pay for a agreed to. The Senate continued with the con- failed Immigration Policy and Enforce- Mr. KEMPTHORNE. Madam Presi- sideration of the bill. ment Program. dent, I move to reconsider the vote by AMENDMENT NO. 184 A reformed immigration policy and which the amendment was agreed to. Mr. BRYAN. I thank the Chair. greatly improved enforcement effort Mr. LEVIN. I move to lay that mo- Madam President, I want to speak for are long overdue. This is not an issue tion on the table. S 1612 CONGRESSIONAL RECORD — SENATE January 26, 1995 The motion to lay on the table was The PRESIDING OFFICER. That is So the motion to lay on the table the agreed to. correct. amendment (No. 194), as modified, was Mr. KEMPTHORNE. Madam Presi- The question now occurs on the agreed to. dent, I move to table the Boxer amend- Boxer amendment No. 203, as amended. Mr. KEMPTHORNE. Madam Presi- ment, and I ask for the yeas and nays. The amendment (No. 203), as amend- dent, I move to reconsider the vote. The PRESIDING OFFICER. Is there a ed, was agreed to. Mr. GLENN. Madam President, I sufficient second? Mr. KEMPTHORNE. Mr. President, I move to lay that motion on the table. There is a sufficient second. move to reconsider the vote by which The motion to lay on the table was The yeas and nays were ordered. the amendment was agreed to. agreed to. The PRESIDING OFFICER. The Mr. GLENN. I move to lay that mo- Mr. KEMPTHORNE. I suggest the ab- question is on agreeing to the motion tion on the table. sence of a quorum. of the Senator from Idaho to lay on the The motion to lay on the table was The PRESIDING OFFICER. The table the amendment of the Senator agreed to. Clerk will call the roll. from California. On this question, the VOTE ON AMENDMENT NO. 194, AS MODIFIED The bill clerk proceeded to call the yeas and nays have been ordered, and Mr. KEMPTHORNE. Madam Presi- roll. the clerk will call the roll. dent, I move to table the next amend- Mr. KEMPTHORNE. Madam Presi- The assistant legislative clerk called ment and ask for the yeas and nays. dent, I ask unanimous consent that the the roll. The PRESIDING OFFICER. Is there a order for the quorum call be rescinded. Mr. LOTT. I announce that the Sen- sufficient second? There appears to be The PRESIDING OFFICER. Without ator from North Carolina [Mr. HELMS] a sufficient second. objection, it is so ordered. is necessarily absent. The yeas and nays were ordered. Mr. GRAHAM. Madam President, I The PRESIDING OFFICER. Are there Mr. KEMPTHORNE. I also ask unani- ask unanimous consent that we vitiate any other Senators in the Chamber mous consent that the next two votes the next rollcall vote. who desire to vote? be a 10-minute vote each. Mr. GRAMM. Reserving the right to The result was announced—yeas 53, The PRESIDING OFFICER. Without object, I suggest the absence of a nays 46, as follows: objection, it is so ordered. quorum. [Rollcall Vote No. 54 Leg.] The question now occurs on the mo- The PRESIDING OFFICER. The YEAS—53 tion of the Senator from Idaho [Mr. clerk will call the roll. The legislative clerk proceeded to Abraham Gorton Murkowski KEMPTHORNE] to table amendment No. Ashcroft Gramm Nickles 194, as modified, offered by the Senator call the roll. Bennett Grams Nunn Mr. DOLE. Madam President, I ask Bond Grassley Packwood from New Mexico [Mr. BINGAMAN]. The Brown Gregg Pressler yeas and nays have been ordered and unanimous consent that the order for Burns Hatch Roth the clerk will call the roll. the quorum call be dispensed with. Chafee Hatfield Santorum The PRESIDING OFFICER. Without Coats Hutchison Shelby The assistant legislative clerk called Cochran Inhofe Simpson the roll. objection, it is so ordered. Cohen Jeffords Smith Mr. LOTT. I announce that the Sen- VOTE ON AMENDMENT NO. 184 Coverdell Kassebaum Snowe Craig Kempthorne Specter ator from North Carolina [Mr. HELMS] The PRESIDING OFFICER. The D’Amato Kyl Stevens is necessarily absent. question occurs on agreeing to amend- DeWine Lott Thomas The PRESIDING OFFICER. Are there ment No. 184, as modified, offered by Dole Lugar Thompson the Senator from Florida [Mr. GRA- Domenici Mack Thurmond any other Senators in the Chamber Faircloth McCain Warner who desire to vote? HAM]. Frist McConnell The result was announced—yeas 62, An attempt was made to vitiate the NAYS—46 nays 37, as follows: yeas and nays, but an objection was made. Akaka Feingold Levin [Rollcall Vote No. 55 Leg.] Baucus Feinstein Lieberman The clerk will call the roll. Biden Ford Mikulski YEAS—62 The legislative clerk called the roll. Bingaman Glenn Moseley-Braun Abraham Glenn Mikulski Mr. LOTT. I announce that the Sen- Boxer Graham Moynihan Ashcroft Gorton Murkowski Bradley Harkin Murray Baucus Gramm Nickles ator from North Carolina [Mr. HELMS] Breaux Heflin Pell Bennett Grams Nunn is necessarily absent. Bryan Hollings Pryor Bond Grassley Packwood The PRESIDING OFFICER (Mr. BEN- Bumpers Inouye Reid Brown Gregg Pressler NETT). Are there any other Senators in Byrd Johnston Robb Burns Hatch Robb Campbell Kennedy Rockefeller Chafee Hatfield Roth the Chamber desiring to vote? Conrad Kerrey Sarbanes Coats Heflin Santorum The result was announced—yeas 93, Daschle Kerry Simon Cochran Hutchison Shelby nays 6, as follows: Dodd Kohl Wellstone Cohen Inhofe Simpson Dorgan Lautenberg Coverdell Jeffords Smith [Rollcall Vote No. 56 Leg.] Exon Leahy Craig Kassebaum Snowe YEAS—93 NOT VOTING—1 D’Amato Kempthorne Specter DeWine Kohl Stevens Abraham Dodd Kennedy Helms Dole Kyl Thomas Akaka Dole Kerrey Domenici Lott Thompson Ashcroft Domenici Kerry So, the motion to lay on the table Faircloth Lugar Thurmond Baucus Dorgan Kohl was agreed to. Feingold Mack Warner Bennett Exon Kyl Mr. KEMPTHORNE. Madam Presi- Feinstein McCain Wellstone Bingaman Faircloth Lautenberg Frist McConnell Bond Feingold Leahy dent, I move to reconsider the vote by Boxer Feinstein Lieberman which the motion was agreed to. NAYS—37 Bradley Ford Lott Mr. GLENN. I move to lay that mo- Breaux Frist Lugar Akaka Dorgan Levin Brown Glenn Mack tion on the table. Biden Exon Lieberman Bryan Graham McCain The motion to lay on the table was Bingaman Ford Moseley-Braun Bumpers Gramm McConnell agreed to. Boxer Graham Moynihan Burns Grams Mikulski Bradley Harkin Murray Byrd Grassley Moseley-Braun Mr. KEMPTHORNE addressed the Breaux Hollings Pell Campbell Gregg Moynihan Chair. Bryan Inouye Pryor Chafee Harkin Murkowski The PRESIDING OFFICER. The Bumpers Johnston Reid Coats Hatch Murray Byrd Kennedy Rockefeller Chair recognizes the Senator from Cochran Hatfield Nickles Campbell Kerrey Sarbanes Cohen Hollings Packwood Idaho. Conrad Kerry Simon Conrad Hutchison Pell VOTE ON AMENDMENT NO. 203, AS AMENDED Daschle Lautenberg Coverdell Inhofe Pressler Dodd Leahy Mr. KEMPTHORNE. Madam Presi- Craig Inouye Pryor D’Amato Johnston Reid dent, would the next order be voting on NOT VOTING—1 Daschle Kassebaum Robb the amendment as amended? Helms DeWine Kempthorne Rockefeller January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1613 Roth Simpson Thomas a Federal mandate under the bill’s defi- to meet certain conditions in carrying Santorum Smith Thompson Sarbanes Snowe Thurmond nition, because the prison grant title is out the program. Shelby Specter Warner a voluntary program, is that correct? Were these programs offered in legis- Simon Stevens Wellstone Mr. KEMPTHORNE. If it is a vol- lative form after the unfunded man- NAYS—6 untary Federal program that is cor- dates bill becomes effective, it would Biden Heflin Levin rect. not fall within the definition of a Fed- Gorton Jeffords Nunn Mr. ROTH. I concur. eral mandate under the bill’s defini- NOT VOTING—1 Mr. BIDEN. Let me pose a third ex- tion, because these are voluntary pro- Helms ample. grams, is that correct? Title 4 of the bill provides $1.62 bil- Mr. KEMPTHORNE. That is correct. So the amendment (No. 184), as modi- lion to States and localities, for a vari- S. 1 is quite clear that a duty arising fied, was agreed to. ety of programs to combat rape, family from participation in a voluntary Fed- Mr. KEMPTHORNE. Mr. President, I violence, and the terrible effects they eral program, except under certain con- move to reconsider the vote. have primarily on the women of our ditions in entitlement programs that Mr. GLENN. I move to lay that mo- Nation. exceed $500,000,000 or more provided an- tion on the table. Most of these programs require those nually to States, local governments The motion to lay on the table was States or localities that choose to par- agreed to. and tribal governments, are not defined ticipate to provide matching funds as a as mandates. Mr. BIDEN. Mr. President, I have a requirement of obtaining the Federal question to pose to the managers of the Mr. ROTH. I concur in the expla- dollars. nation made by the Senator from unfunded mandates bill. From my read- Some of these programs also require ing of the bill, a voluntary Federal pro- Idaho. those States that choose to participate gram that is not under entitlement au- Mr. KEMPTHORNE. I ask unanimous to meet certain standards with regard thority cannot fall within the defini- consent that my responses to the ques- to the criminal justice policies relating tion of what is a Federal mandate tions from Senator LEVIN of yesterday to rape and family violence. under the pending bill. Am I correct in be made a part of the RECORD. Were these programs offered in legis- my reading? There being no objection, the mate- lative form after the pending bill be- Mr. KEMPTHORNE. That is correct. rial was ordered to be printed in the comes effective, it would not fall with- Mr. ROTH. That is correct. RECORD, as follows: in the definition of a Federal mandate Mr. BIDEN. Let me pose an example, under the bill’s definition, because the RESPONSES TO SENATOR LEVIN’S QUESTIONS just to make sure I understand. Last Many of the questions raised by Senator year, the Congress passed the Violent violence against women grants are voluntary programs, is that correct? Levin will depend on how the Senate applies Crime Control and Law Enforcement the new point of order established in S. 1. Act of 1994. Mr. KEMPTHORNE. As the Senator has described the program, that is cor- This new point of order, like all rules of the I was the principal author of the Senate, will be interpreted and applied based crime legislation and I included in the rect. on the precedents of the Senate. law a number of grant programs under Mr. ROTH. I concur. EFFECTIVE DATE which Federal funds would become Mr. BIDEN. Let me pose a fourth ex- available to those States and localities ample. In titles 3 and 5, and in several 1. When is a mandate effective? other titles, the crime law provides This is best answered in the proposed new who choose to participate in the pro- section 408(1)(B) of the bill regarding CBO’s grams. Federal funds to States and localities for a variety of programs to prevent duties in making cost estimates. Clause (i) of For example, title 1 of the crime law this subparagraph addresses the issue of the provides $8.8 billion to the States for crime. effective date by stating: the hiring of new police officers. The Many of these programs require ‘‘(i) If the Director estimates that the di- program requires those States and lo- those States or localities that choose rect cost of all Federal intergovernmental calities that voluntarily choose to par- to participate to provide matching mandates in the bill or joint resolution will ticipate, to provide matching funds as funds as a requirement for obtaining equal or exceed $50,000,000 (adjusted annually the Federal dollars. for inflation) in the first fiscal year in which a requirement of obtaining Federal dol- any Federal intergovernmental mandate in lars. Some of these programs also require those States that choose to participate the bill or joint resolution (or in any nec- Were this program offered in legisla- essary implementing regulation) would first tive form after the unfunded mandates to meet certain standards with regard be effective or in any of the 4 fiscal years fol- bill becomes effective, it would not fall to the criminal justice policies relating lowing such fiscal year, the Director shall so within the definition of a Federal man- to rape and family violence. state, specify the estimate, and briefly ex- date under the unfunded mandate bill’s Were these programs offered in legis- plain the basis of the estimate.’’ definition, because the police title is a lative form after the pending bill be- This language indicates that the effective voluntary program, is that correct? comes effective—it would not fall with- date is based on whatever is stated in a mandate bill. If a mandate bill is unclear on the Mr. KEMPTHORNE. As the Senator in the definition of a Federal mandate under the bill’s definition, because the effective date, then the parenthetical regard- has described the program that is cor- ing implementing regulations suggests that rect. prevention grants are voluntary pro- the effective date would be based on when Mr. ROTH. That is correct. grams, is that correct? the implementing regulations would take ef- Mr. BIDEN. Let me pose another ex- Mr. KEMPTHORNE. As the Senator fect. In the case of spending estimates, CBO ample. Title 2 of the crime law pro- has described the programs, that is cor- often makes a determination on when a bill vides $7.9 billion to the States to build rect. would cause spending, generally, assuming and operate new boot camps for tradi- Mr. ROTH. I concur. an October 1 enactment. We expect that CBO tional prisons. Mr. BIDEN. Let me pose a final ex- would make a similar determination in the ample. The crime law contains other case of Federal mandates in order to produce The program requires those States a cost estimate. that voluntarily choose to participate grant programs in titles 18, 20, 21, 22, 2. If that is determined on a case by case to provide matching funds as a require- 23, 24, and 25, the crime law provides basis, then who makes the decision and when ment of obtaining the Federal dollars. Federal funds to States and localities is that decision made? It also requires those States that for a variety of law enforcement pro- The first decision-maker would be the au- choose to participate to meet certain grams. thorizing committee. That committee could, standards with regard to the length of Some of these programs require those in the legislative language, determine the ef- time they keep violent prisoners be- States or localities that choose to par- fective date. Where the effective date is un- hind bars. ticipate to provide matching funds as a clear, CBO, based on the legislation and information from the responsible agency or de- Were this program offered in legisla- requirement for obtaining the Federal partment, will make a determination on the tive form after the pending unfunded dollars. effective date and so state that in their esti- mandates bill becomes effective, it Some of these programs also require mate. CBO currently makes such determina- would not fall within the definition of those States that choose to participate tions in relation to spending bills. S 1614 CONGRESSIONAL RECORD — SENATE January 26, 1995 In cases where there is no formal cost esti- of whether legislation met one of the exclu- amended form contains a federal mandate mate, the language will be the first indica- sions. As has already been stated ultimately not previously considered by either House or tor. We expect the Presiding Officer to deter- the Senate decides the application of the which contains an increase in the direct cost mine the application of the Act, based on the rules. of previously considered federal mandate, determination of the Federal mandate levels 2. What will specifically be required to then the committee of conference shall en- by the Budget Committee after consulting meet the terms of the bill with respect to a sure, to the greatest extent practicable, that with CBO, and after consultation with the finding of emergency? the Director shall prepare a statement as Governmental Affairs Committee. That de- The exclusion for emergencies (section provided in paragraph (1) or a supplemental termination will, by implication, include as- 4(6)) is similar to provisions in the Budget statement for the bill or joint resolution in sumptions about the effective date. Ulti- Enforcement Act. In practice, in order for that amended form.’’ mately, the full Senate will decide. legislation to be exempt from a Budget Act Mr. KEMPTHORNE. Mr. President, I RANGE point of order, the President must designate do not know that there is further de- 1. Can the CBO estimate be a range? For the funding as an emergency. This takes the form of a letter to the Congress. Next, Con- bate on this issue. I believe that both purposes of the threshold? For purposes of sides have agreed to accept this amend- the total cost estimate? gress must include a provision in the bill As discussed by the managers the other designating the legislation as an emergency. ment. day, the intent of the authors is that CBO LENGTH OF ESTIMATE Mr. GLENN. Mr. President, that is provide a point estimate on the direct costs 1. Is the estimate for purposes of the correct. We are prepared to accept it on of any Federal intergovernmental mandate. threshold limited to direct costs in the first our side. While nothing prevents CBO from giving a five years? The PRESIDING OFFICER. Without range on such estimated, we expect a range Yes, the first fiscal year the mandate takes objection, the amendment is agreed to. that straddles the threshold will be unlikely. effect and the subsequent four years. So the amendment (No. 215), as modi- First, CBO is aware that the threshold has 2. Is the estimate for purposes of the point procedural consequences and, second, CBO fied, was agreed to. of order required to include direct costs over Mr. GLENN. Mr. President, I move to has several years of experience in estimating the entire life of the mandate? State and local costs. Under the duties of CBO, the cost estimate reconsider the vote. 2. If CBO reports a range, what is the ‘‘spe- is limited to the five year time-frame. Since Mr. KEMPTHORNE. I move to lay cific dollar amount’’ for purposes of the determinations will be made based on CBO that motion on the table. point of order? Who makes that decision? estimates, then the point of order will be The motion to lay on the table was The determination of mandate levels are based on the cost of the mandate for the first agreed to. based on estimates made by the Budget Com- fiscal year the mandate takes effect and the Mr. KEMPTHORNE. Mr. President, it mittee, based on estimates from CBO. We ex- subsequent four fiscal years. pect CBO to provide point estimates. How- is our intent that this evening we will EXPLANATION OF VOTE ON ROLL CALL VOTE ever, the report accompanying S. 1 expressed have a debate concerning an amend- NUMBER 24 our intent that a presumption would arise ment between Senator GLENN and Sen- that a point of order would apply to a meas- Mrs. HUTCHISON. Mr. President, on ator DOMENICI, and other Senators who ure if CBO estimates the direct costs as cov- Thursday, January 18, I voted against may wish to participate. ering a range that straddles the threshold. the Bradley/Chafee amendment ex- Prior to that, I ask unanimous con- Ultimately the Senate will decide. pressing the sense of the Senate that sent that we yield 6 minutes to the AMENDMENTS mandates not funded by the Federal Senator from Texas so that she may in- 1. Are the direct costs of an amendment, Government should not be passed on to troduce an issue. added to a bill in committee, to be included local governments by the States in the The PRESIDING OFFICER. Without in the estimate of direct costs of the bill as form of higher property taxes. objection, it is so ordered. The Senator reported? I was one of five Senators to vote from Texas is recognized for 6 minutes. Yes. If the committee originated a bill, against the amendment, so it passed then any committee amendments would be Mrs. HUTCHISON. I thank the Chair. incorporated as part of the original bill as overwhelmingly, but I feel very strong- (The remarks of Mrs. HUTCHISON per- reported. Therefore, the cost estimate would ly that the Federal Government has no taining to the introduction of S. 287 are reflect the direct costs of the bill, as re- right to tell the States what they located in today’s RECORD under ported, including amendments adopted in should or should not do. It is one of the ‘‘Statements on Introduced Bills and committee. reasons we’re trying to pass S. 1, legis- Joint Resolutions.’’) Where the committee reports the bill with lation to curb Federal interference in committee amendments, CBO produces cost the spending priorities of State and f estimates on the bill as reported including local governments. the amendments proposed by the committee. APPOINTMENT BY THE VICE This is current practice. Local governments were created by PRESIDENT State governments and as such, States 2. What if the Senate rejects the commit- The PRESIDING OFFICER. The tee amendment? are uniquely charged with the respon- This question cannot be answered unless sibility for setting the terms of the ex- Chair, on behalf of the Vice President, an assumption is made about the cost of the istence of local governments. pursuant to Public Law 94–304, as underlying bill and the effect of the commit- A sense-of-the-Senate resolution, amended by Public Law 99–7, appoints tee amendment on the cost of the bill. even though it is not binding, sends the the Senator from New York [Mr. If the committee amendment would cause wrong signal to States, and therefore I D’AMATO] to serve as cochairman of the threshold to be exceeded, then the defeat opposed the amendment. the Commission on Security and Co- of the amendment would make the bill in operation in Europe. order. AMENDMENT NO. 215, AS MODIFIED If the committee amendment would cause Mr. KEMPTHORNE. Mr. President, I f the bill to fall below the threshold, then the ask unanimous consent to send to the defeat of the amendment would cause the desk a modification to amendment No. MORNING BUSINESS bill to be subject to a point of order. 215, and I ask for its immediate consid- 3. Is an amendment offered on the floor eration. subject to a point of order based on the esti- The PRESIDING OFFICER. Is there TRIBUTE TO JUDGE JAMES mate of direct costs of the amendment, HARDIN FAULKNER alone, or the amendment if added to the bill? objection? Without objection, it is so The point of order is applicable against an ordered. Mr. HEFLIN. Mr. President, a fine amendment, if adoption of that amendment The amendment, as modified, is as friend of mine, Judge James Hardin would cause the bill to exceed the threshold. follows: Faulkner, passed away last December. EXCLUSIONS On page 21, between lines 13 and 14, insert I had the opportunity to get to know 1. Who will decide whether a bill is subject the following: Judge Faulkner well during the 4 years to one of the exclusions? ‘‘(2) AMENDED BILLS AND JOINT RESOLU- we served together on the Alabama Su- Based on the compromise worked out be- TIONS: CONFERENCE REPORTS.—If a bill or preme Court. He was a distinguished tween the Budget and Governmental Affairs joint resolution is passed in an amended jurist with a wonderful outlook on life. Committees, the Presiding Officer is reform (including if passed by one House as an quired to consult with the Governmental Af- amendment in the nature of a substitute for James was originally from Louis- fairs Committee, to the extent practicable, the text of a bill or joint resolution from the ville, MS. Upon graduation from high regarding the application of the point of other House) or is reported by a committee school, he enlisted in the U.S. Marine order. This would include the determinations of conference in amended form, and the Corps out of love for his country. His January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1615 patriotism can be seen through the founded in 1957. However, he is remem- deed, if we care about America’s fu- various medals he earned while in the bered just as well for being one to help ture, there must be some changes. service. These medals include the Sil- those in need in the community and for You see, Mr. President, as of the ver Star, the Distinguished Flying giving many people their start in close of business yesterday, January 25, Cross, the Soldiers Medal, the Air broadcasting. the Federal debt stood (down to the Medal with oak leaf clusters, and the Dick Biddle will be missed greatly by penny) at exactly $4,800,103,843,645.88. Greek Military Cross and Presidential the broadcasting community and by all This means that on a per capita basis, Citation. who knew him, myself included. every man, woman and child in Amer- Upon discharge from the service, My sincerest condolences are ex- ica owes $18,211.28 as his or her share of James attended San Diego State Col- tended to his family, the Shoals com- the Federal debt. lege and the University of Alabama, munity and the citizens of Alabama, Compare this, Mr. President, to the from which he received his law degree. who will miss the charity and commit- total debt about 2 years ago—January He went on to get his master’s in law ment of this fine man. 5, 1993—when the debt stood at exactly in 1983. f $4,167,872,986,583.67—or averaged out, His career includes an appointment $15,986.56 for every American. During to the U.S. Treasury Department MRS. ROSE KENNEDY the past 2 years—that is, during the where he was a trust officer with the Mr. HATCH. Mr. President, when we 103rd Congress—the Federal debt in- Birmingham Trust National Bank. Ad- think of national treasures, we usually creased over $6 billion. ditionally, he served as a recorder’s consider marble monuments, history- This illustrates, Mr. President, the court judge and Montevallo city attor- altering documents, or profound words point that so many politicians talk a ney. He then served in the Alabama Su- inscribed on walls or safeguarded in ar- good game—at home—about bringing preme Court until his retirement in chives. the Federal debt under control, but 1986. I rise today to pay tribute to another vote in support of bloated spending Judge Faulkner was known by many national treasure—the life of Rose bills when they get back to Washing- through his affiliations with the Epis- Fitzgerald Kennedy. Although her ton. If the Republicans do not do a bet- copal Church of the Advent, the Ma- death diminishes us all a little, her life ter job of getting a handle on this enor- sonic Order, Phi Alpha Delta Law Fra- and the profound legacy she leaves will mous debt, their constituents are not ternity, and the Bar Association of outshine that loss and continue to act likely to overlook it 2 years hence. Alabama. as an inspiration for millions. f My deepest condolences are extended Mrs. Kennedy built her life on the to Judge Faulkner’s wife, Eleanor Jane twin pillars of family and faith. She APPOINTMENT OF Wyatt Faulkner; his daughter Kate considered the abundance she was born CONGRESSIONAL TRADE ADVISERS Margaret Brown; and his son, James into a responsibility and an obligation. Mr. THURMOND. Mr. President, I Christopher Faulkner. Accordingly, she turned affluence into rise to announce that pursuant to sec- influence, carefully teaching her pos- f tion 161(a) of the Trade Act of 1974 terity the virtues of public service. She (Public Law 93–618), as amended by the TRIBUTE TO RICHARD B. ‘‘DICK’’ used her position not to elevate herself, Omnibus Trade and Competitiveness BIDDLE but rather as a platform from which to Act of 1988 (Public Law 100–418), and BE A GOOD AMERICAN; BE AN INFORMED reach out to millions in compassion. upon the recommendation of the chair- AMERICAN She ennobled and enriched lives that man of the Senate Committee on Fi- Mr. HEFLIN. Mr. President, this was otherwise may not have been thus nance, the following members of the the distinctive TV editorial sign-off blessed. Committee on Finance have been des- used in every commentary by a leading When crushing tragedy came into her ignated by the President pro tempore Alabamian, Richard B. (Dick) Biddle own life, she triumphed; and she did so of the Senate as congressional advisers on WOWL–TV of Florence, AL. Dick through service. She overcame by on trade policy and negotiations: Sen- took every opportunity to encourage reaching out. She lived her faith. She ator BOB PACKWOOD of Oregon, Senator others to stay abreast of current embodied her ideals. She worked tire- ROBERT DOLE of Kansas, Senator WIL- events and become solid, responsible lessly to bring comfort to others, LIAM ROTH of Delaware, Senator DAN- citizens. In this area, he was a man whose problems were often less griev- IEL MOYNIHAN of New York, and Sen- who actively practiced what he ous than her own. ator MAX BAUCUS of Montana. preached. I am therefore saddened to Mrs. Kennedy’s legacy lives on. More The Senators designated shall pro- notify you that Dick Biddle, civic lead- enduring than words inscribed in stone vide advice on the development of er and television broadcasting pioneer, or public monuments, Mrs. Kennedy’s trade policy and priorities for the im- died during the Congressional recess, memory will continue to thrive be- plementation thereof. at his home in Florence, AL, at the age cause it will be reborn innumerable The United States Trade Representa- of 76. times in the ongoing contributions of tive has been notified of this action. He is remembered for his tremendous her children, grandchildren and great Under the governing statute, the des- work and creativity in broadcasting grandchildren and in the enhanced ignated Senators shall be accredited by and for his years of dedication to unit- lives of countless other beneficiaries of the United States Trade Representa- ing and promoting the Shoals. Over the her good works. tive on behalf of the President as offi- years, he served as president of the f cial advisers to the U.S. delegations to Alabama Broadcasters Association, international conferences, meetings, chairman and founder of the Alabama WAS CONGRESS IRRESPONSIBLE? and negotiating sessions relating to Citizen of the Year Committee, and THE VOTERS SAID YES trade agreements. chairman of the Northwest Alabama Mr. HELMS. Mr. President, I doubt Film Commission. Dick played a large that there have been many, if any, can- f part in organizing Junior Achievement didates for the Senate who have not in the area and was a charter member pledged to do something about the IN HONOR OF SUE WAGNER in the Regional Environmental Quality enormous Federal debt run up by the Mr. REID. Mr. President, I would like Council. He was named Alabama Congress during the past half-century to take this time to pay tribute to an Broadcaster of the Year in 1982, Kappa or more. But Congress, both House and exceptional Nevadan. On Tuesday, Jan- Sigma Alumnus Advisor of the Year in Senate, have never up to now even uary 31st, Sue Wagner, of Reno, will re- 1984, and Shoals Citizen of the Year in toned down the deficit spending that ceive the Women Executives in State 1992. As impressive as this resume is, it sent the Federal debt into the strato- Government’s ‘‘Breaking the Glass is only a brief listing of his many ac- sphere and beyond. Ceiling’’ award. There is no one more tivities and honors. We must pray that this year will be deserving than Sue Wagner, for she has Professionally, Mr. Biddle leaves be- different, that Federal spending will at never allowed a gender barrier to limit hind a legacy in WOWL–TV, which he long last be reduced drastically. In- her. S 1616 CONGRESSIONAL RECORD — SENATE January 26, 1995 Sue Wagner followed her passion for cluding meetings to conduct hearings, shall tively requested that he be so recorded. helping people to the political arena in be open to the public, except that a meeting Proxy must be given in writing. 1973 when she began a successful career or series of meetings by the committee or a 8. Announcement of Votes. The results of in the Nevada Legislature culminating subcommittee thereof on the same subject all roll call votes taken in any meeting of in the job of Lieutenant Governor in for a period of no more than fourteen (14) the committee on any measure, or amend- calendar days may be closed to the public on ment thereto, shall be announced in the 1990. She is the first woman to hold a motion made and seconded to go into committee report, unless previously an- this position in Nevada. closed session to discuss only whether the nounced by the committee. The announce- More important than her exceptional matters enumerated below in clauses (a) ment shall include a tabulation of the votes accomplishments is the manner in through (f) would require the meeting to be cast in favor and votes cast in opposition to which they were achieved. Sue has ex- closed, followed immediately by a record each such measure and amendment by each emplified statesmanship, always acting vote in open session by a majority of the member of the committee who was present with common sense, compassion, and members of the committee or subcommittee at such meeting. The chairman may hold competence. In this generation, when when it is determined that the matters to be open a roll call vote on any measure or mat- the public is often justifiably skeptical discussed or the testimony to be taken at ter which is before the committee until no of public officials, it is important to such meeting or meetings— later than midnight of the day on which the (a) will disclose matters necessary to be committee votes on such measure or matter. recognize and emulate the honest and kept secret in the interests of national de- 9. Subpoenas. Subpoenas for attendance of enthusiastic ways Sue has served the fense or the confidential conduct of the for- witnesses and for the production of memo- public. She has unselfishly championed eign relations of the United States; randa, documents, records, and the like may issues that transcend partisanship like (b) will relate solely to matters of commit- be issued by the chairman or any other mem- ethics in politics and human rights. tee staff personnel or internal staff manage- ber designated by him, but only when au- Sue Wagner’s devotion to Nevada and ment or procedure; thorized by a majority of the members of the her family has never waned despite the (c) will tend to charge an individual with a committee. The subpoena shall briefly state tragedies that have plagued her over crime or misconduct, to disgrace or injury the matter to which the witness is expected the last decade. Fourteen years ago, the professional standing of an individual, or to testify or the documents to be produced. Sue lost her husband to a plane crash. otherwise to expose an individual to public 10. Hearings. (a) Public notice shall be contempt or obloquy or will represent a given of the date, place, and subject matter Four years ago, while campaigning for clearly unwarranted invasion of the privacy of any hearing to be held by the committee, Lieutenant Governor, Sue was also in a of an individual; or any subcommittee thereof, at least 1 week plane crash. This time the crash (d) will disclose the identity of any in- in advance of such hearing, unless the com- claimed the life of her friend, Judy former or law enforcement agent or will dis- mittee or subcommittee determines that Seale, and caused serious injury to her- close any information relating to the inves- good cause exists for beginning such hear- self requiring her spine to be fused. tigation or prosecution of a criminal offense ings at an earlier time. Even today, Sue suffers from severe that is required to be kept secret in the in- (b) Hearings may be initiated only by the pain and fatigue. terests of effective law enforcement; specified authorization of the committee or Despite these hardships, she has con- (e) will disclose information relating to the subcommittee. tinued to vigorously serve Nevada and trade secrets or financial or commercial in- (c) Hearings shall be held only in the Dis- formation pertaining specifically to a given trict of Columbia unless specifically author- be a loving parent. Her son Kirk will person if— ized to be held elsewhere by a majority vote soon receive a law degree from the Uni- (1) an act of Congress requires the informa- of the committee or subcommittee conduct- versity of Arizona and her daughter tion to be kept confidential by Government ing such hearings. Kristina recently finished her graduate officers and employees; or (d) Witnesses appearing before the commit- degree from Thunderbird. (2) the information has been obtained by tee shall file with the clerk of the committee I have great respect for Sue Wagner, the Government on a confidential basis, a written statement of their proposed testi- and admire her courage and persever- other than through an application by such mony prior to the hearing at which they are ance. I am pleased the Women Execu- person for a specific Government financial or to appear unless the chairman and the rank- tives in State Government is honoring other benefit, and is required to be kept se- ing minority member determine that there is cret in order to prevent undue injury to the good cause not to file such a statement. Wit- her with the ‘‘Breaking the Glass Ceil- competitive position of such person; or nesses testifying on behalf of the Adminis- ing’’ award. (f) may divulge matters required to be kept tration shall furnish an additional 50 copies f confidential under other provisions of law or of their statement to the Committee. All Government regulations. statements must be received by the Commit- RULES OF THE COMMITTEE ON 5. Presiding Officer. The chairman shall tee at least 48 hours (not including weekends ARMED SERVICES preside at all meetings and hearings of the or holidays) before the hearing. Mr. THURMOND. Mr. President, committee except that in his absence the (e) Confidential testimony taken or con- today I am reporting to the Senate the ranking majority member present at the fidential material presented in a closed hear- meeting or hearing shall preside unless by ing of the committee or subcommittee or rules of the Armed Services Committee majority vote the committee provides other- any report of the proceedings of such hearing as provided for in Rule 26.2 of the wise. shall not be made public in whole or in part Standing Rules of the Senate. These 6. Quorum. (a) A majority of the members or by way of summary unless authorized by rules were unanimously adopted by the of the committee are required to be actually a majority vote of the committee or subcommittee in open session on January present to report a matter or measure from committee. 10, 1995, and I ask that they be printed the committee. (See Standing Rules of the (f) Any witness summoned to give testi- in the RECORD. Senate 26.7(a)(1). mony or evidence at a public or closed hear- There being no objection, the rules (b) Except as provided in subsections (a) ing of the committee or subcommittee may were ordered to be printed in the and (c), and other than for the conduct of be accompanied by counsel of his own choos- hearings, seven members of the committee ing who shall be permitted at all times dur- RECORD, as follows: shall constitute a quorum for the trans- ing such hearing to advise such witness of ARMED SERVICES COMMITTEE RULES OF action of such business as may be considered his legal rights. PROCEDURE by the committee. (g) Witnesses providing unsworn testimony 1. Regular Meeting Day and Times. In ac- (c) Three members of the committee, one to the committee may be given a transcript cordance with Senate rules, the Committee of whom shall be a member of the minority of such testimony for the purpose of making shall meet at least once a month. Regular party, shall constitute a quorum for the pur- minor grammatical corrections. Such wit- meeting day of the committee shall be Tues- pose of taking sworn testimony, unless oth- nesses will not, however, be permitted to day and Thursday at 9:30 a.m., unless the erwise ordered by a majority of the full com- alter the substance of their testimony. Any chairman directs otherwise. mittee. question involving such corrections shall be 2. Additional Meetings. The chairman may (d) Proxy votes may not be considered for decided by the chairman. call such additional meetings as he deems the purpose of establishing a quorum. 11. Nominations. Unless otherwise ordered necessary. 7. Proxy Voting. Proxy voting shall be al- by the committee, nominations referred to 3. Special Meetings. Special meetings of lowed on all measures and matters before the the committee shall be held for at least the committee may be called by a majority committee. The vote by proxy of any mem- seven (7) days before being voted on by the of the members of the committee in accord- ber of the committee may be counted for the committee. Each member of the committee ance with paragraph 3 of Rule XXVI of the purpose of reporting any measure or matter shall be furnished a copy of all nominations Standing Rules of the Senate. to the Senate if the absent member casting referred to the committee. 4. Open Meetings. Each meeting of the such vote has been informed of the matter on 12. Real Property Transactions. Each mem- committee, or any subcommittee thereof, in- which he is being recorded and has affirma- ber of the committee shall be furnished with January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1617 a copy of the proposals of the Secretaries of Soviet Union; to the Committee on Foreign Bank, transmitting, pursuant to law, the an- the Army, Navy, and Air Force, submitted Relations. nual report for fiscal year 1994; to the Com- pursuant to 10 U.S.C. 2662 and with a copy of EC–268. A communication from the Assist- mittee on Banking, Housing, and Urban Af- the proposals of the Director of the Federal ant Legal Adviser for Treaty Affairs, Depart- fairs. Emergency Management Agency, submitted ment of State, the report of the texts of EC–283. A communication from the Admin- pursuant to 50 U.S.C. App. 2285, regarding the international agreements, other than trea- istrator of the National Aeronautics and proposed acquisition or disposition of prop- ties, and background statements; to the Space Administration, transmitting, pursu- erty of an estimated price or rental of more Committee on Foreign Relations. ant to law, the annual report of the National than $50,000. Any member of the committee EC–269. A communication from the Assist- Space Grant College and Fellowship Pro- objecting to or requesting information on a ant Secretary of State (Legislative Affairs), gram for calendar year 1993; to the Commit- proposed acquisition or disposal shall com- transmitting, pursuant to law, the report of tee on Commerce, Science, and Transpor- municate his objection or request to the the Presidential Determination relative to tation. chairman of the committee within thirty (30) the New Independent States of the Former EC–284. A communication from the Chair- days from the date of submission. Soviet Union; to the Committee on Foreign man of the National Transportation Safety 13. Legislative Calendar. (a) The clerk of Relations. Board, transmitting, pursuant to law, the the committee shall keep a printed calendar EC–270. A communication from the Assist- annual report for calendar year 1993; to the for the information of each committee mem- ant Secretary of the Interior (Indian Af- Committee on Commerce, Science, and ber showing the bills introduced and referred fairs), transmitting, pursuant to law, the re- Transportation. to the committee and the status of such port of the Secretarial Plan for the Grand EC–285. A communication from the Sec- bills. Such calendar shall be revised from Coulee Dam Settlement Agreement; to the retary of Transportation, transmitting, pur- time to time to show pertinent changes in Committee on Indian Affairs. suant to law, the report on the application of such bills, the current status thereof, and EC–271. A communication from the Assist- Tiltrotor technology to U.S. Coast Guard new bills introduced and referred to the com- ant Secretary of the Interior (Indian Af- missions; to the Committee on Commerce, mittee. A copy of each new revision shall be fairs), transmitting, pursuant to law, the re- Science, and Transportion. furnished to each member of the committee. port of a recommendation relative to the EC–286. A communication from the Comp- (b) Unless otherwise ordered, measures re- Community Enterprise Board; to the Com- troller General of the United States, transferred to the committee shall be referred by mittee on Indian Affairs. mitting, pursuant to law, a report entitled the clerk of the committee to the appro- EC–272. A communication from the Chief ‘‘Information Superhighway: An Overview of priate department or agency of the Govern- Administrative Officer of the Postal Rate Technology Challenges’’; to the Committee Commission, transmitting, pursuant to law, ment for reports thereon. on Commerce, Science, and Transportation. the annual report under the Freedom of In- 14. Except as otherwise specified herein, EC–287. A communication from the Admin- formation Act for calendar year 1994; to the the Standing Rules of the Senate shall gov- istrator of the Energy Information Adminis- Committee on the Judiciary. ern the actions of the committee. Each sub- tration, Department of Energy, transmit- EC–273. A communication from the Chair- committee of the committee is part of the ting, pursuant to law, the report entitled man of the Federal Mine Safety and Health committee, and is therefore subject to the ‘‘Annual Energy Outlook 1995’’; to the Com- Review Commission, transmitting, pursuant committee’s rules so far as applicable. mittee on Energy and Natural Resources. to law, the annual report under the Freedom 15. Powers and Duties of Subcommittees. EC–288. A communication from the Admin- of Information Act for calendar year 1994; to Each subcommittee is authorized to meet, istrator of the National Aeronautics and the Committee on the Judiciary. hold hearings, receive evidence, and report Space Administration, transmitting, pursu- to the full committee on all matters referred EC–274. A communication from the Sec- retary of Health and Human Services, trans- ant to law, the report of progress on to it. Subcommittee chairmen shall set dates mitting, pursuant to law, the annual report Superfund implementation in fiscal year for hearings and meetings of their respective on progress in achieving the performance 1994; to the Committee on Environment and subcommittees after consultation with the goals relative to the Prescription Drug User Public Works. chairman and other subcommittee chairmen, Fee Act; to the Committee on Labor and EC–289. A communication from the Chair- with a view toward avoiding simultaneous Human Resources. man of the National Mediation Board, trans- scheduling of full committee and sub- EC–275. A communication from the Sec- mitting, pursuant to law, the report on the committee meetings or hearings whenever retary of Health and Human Services, trans- internal controls and financial systems in ef- possible. mitting, pursuant to law, the report on the fect during fiscal year 1994; to the Commit- f implementation of the Voluntary National tee on Governmental Affairs. Child Abuse and Neglect Data System for EC–290. A communication from the Comp- EXECUTIVE AND OTHER calendar year 1993; to the Committee on troller General of the United States, trans- COMMUNICATIONS Labor and Human Resources. mitting, pursuant to law, the annual report for calendar year 1994; to the Committee on The following communications were EC–276. A communication from the Chair- man of the Barry M. Goldwater Scholarship Governmental Affairs. laid before the Senate, together with EC–291. A communication from the Direc- accompanying papers, reports, and doc- and Excellence In Education Foundation, transmitting, pursuant to law, the annual re- tor of the Office of Congressional Affairs, uments, which were referred as indi- port for fiscal year 1994; to the Committee on U.S. Arms Control and Disarmament Agen- cated: Labor and Human Resources. cy, transmitting, pursuant to law, the an- EC–263. A communication from the Chair- EC–277. A communication from the Sec- nual report under the Freedom of Informa- man of the Commission on the Social Secu- retary of Labor, transmitting, pursuant to tion Act for calendar year 1994; to the Com- rity ‘‘Notch’’ Issue, transmitting, pursuant law, notice of an intention to award a sole- mittee on the Judiciary. to law, the final report of the Commission; source contract; to the Committee on Labor EC–292. A communication from the Na- to the Committee on Finance. and Human Resources. tional Women’s Business Council, transmit- EC–264. A communication from the Assist- EC–278. A communication from the Under ting, pursuant to law, the annual report for ant Secretary of State (Legislative Affairs), Secretary of Defense, transmitting, pursuant calendar year 1994; to the Committee on transmitting, pursuant to law, the report of to law, the report of a violation of the Small Business. the memorandum of justification relative to Antideficiency Act, case number 92-04; to the f Serbia and Montenegro; to the Committee on Committee on Appropriations. Foreign Relations. EC–279. A communication from the Under EC–265. A communication from the Assist- Secretary of Defense, transmitting, pursuant INTRODUCTION OF BILLS AND ant Secretary of State (Legislative Affairs), to law, the report of a violation of the JOINT RESOLUTIONS transmitting, pursuant to law, the report of Antideficiency Act, case number 93-12; to the The following bills and joint resolu- the Presidential Determination relative to Committee on Appropriations. tions were introduced, read the first Peru; to the Committee on Foreign Rela- EC–280. A communication from the Under tions. Secretary of Defense, transmitting, pursuant and second time by unanimous con- EC–266. A communication from the Assist- to law, the report of a violation of the sent, and referred as indicated: ant Secretary of State (Legislative Affairs), Antideficiency Act, case number 94-04; to the By Mr. HOLLINGS: transmitting, pursuant to law, the report of Committee on Appropriations. S. 278. A bill to authorize a certificate of the Presidential Determination relative to EC–281. A communication from the Direc- documentation for the vessel Serenity; to the the U.S. Emergency Refugee and Migration tor of the Office of Management and Budget, Committee on Commerce, Science, and Assistance Fund; to the Committee on For- Executive Office of the President, transmit- Transportation. eign Relations. ting, pursuant to law, the report of the cer- S. 279. A bill to authorize a certificate of EC–267. A communication from the Assist- tification of the Board for International documentation for the vessel Why Knot; to ant Secretary of State (Legislative Affairs), Broadcasting; to the Committee on Appro- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of priations. Transportation. the Presidential Determination relative to EC–282. A communication from the Presi- By Mr. LAUTENBERG (for himself and the Newly Independent States of the Former dent and Chairman of the Export-Import Mr. BRADLEY): S 1618 CONGRESSIONAL RECORD — SENATE January 26, 1995 S. 280. A bill to amend the Robert T. Staf- By Mr. FEINGOLD (for himself, Mr. chartering the vessel for short sailing ford Disaster Relief and Emergency Assist- MCCAIN, Mrs. FEINSTEIN, Mr. CAMP- tours of the Charleston harbor. Due to ance Act to provide that the definition of BELL, and Mrs. KASSEBAUM): the fact that the vessel was foreign ‘‘local government’’ includes certain non- S. 289. A bill to amend the Congressional profit camp meeting associations that main- Budget and Impoundment Control Act of 1974 built, it did not meet the requirements tain public facilities, and for other purposes; to limit consideration of nonemergency mat- for coastwise trading privileges in the to the Committee on Environment and Pub- ters in emergency legislation; to the Com- United States. lic Works. mittee on the Budget and the Committee on The owner of the Serenity is seeking a By Mr. D’AMATO (for himself and Mr. Governmental Affairs, jointly, pursuant to waiver of the existing law because he MOYNIHAN): the order of August 4, 1977, with instructions wishes to use the vessel for charters. S. 281. A bill to amend title 38, United that if one Committee reports, the other His desired intentions for the vessel’s States Code, to change the date for the be- Committee have thirty days to report or be use will not adversely affect the coast- ginning of the Vietnam era for the purpose of discharged. veterans benefits from August 5, 1964, to De- By Mr. KEMPTHORNE (for Mr. DOLE wise trade in U.S. waters. If he is cember 22, 1961; to the Committee on Veter- (for himself, Mr. THOMPSON, and Mr. granted this waiver, it is his intention ans Affairs. INHOFE)): to comply fully with U.S. documenta- By Mr. BRADLEY (for himself, Mr. S. 290. A bill relating to the treatment of tion and safety requirements. The pur- HATFIELD, and Mr. WELLSTONE): Social Security under any constitutional pose of the legislation I am introducing S. 282. A bill to authorize the Secretary of amendment requiring a balanced budget; is to allow the Serenity to engage in the Health and Human Services to award grants read the first time. coastwise trade and the fisheries of the By Mr. KENNEDY (for himself, Mr. and contracts to establish domestic violence United States.∑ community response teams and a technical AKAKA, Mr. BAUCUS, Mr. BINGAMAN, assistance center to address the development Mrs. BOXER, Mr. BRADLEY, Mr. CAMP- and support of such community response BELL, Mr. CHAFEE, Mr. COHEN, Mr. By Mr. HOLLINGS: teams, and for other purposes; to the Com- DASCHLE, Mr. DODD, Mr. DORGAN, Mr. S. 279. A bill to authorize a certifi- mittee on Labor and Human Resources. FEINGOLD, Mrs. FEINSTEIN, Mr. cate of documentation for the vessel By Mr. SPECTER (for himself and Mr. GLENN, Mr. HARKIN, Mr. HATFIELD, Why Knot; to the Committee on Com- Mr. HOLLINGS, Mr. INOUYE, Mr. JEF- SANTORUM): merce, Science, and Transportation. S. 283. A bill to extend the deadlines under FORDS, Mr. JOHNSTON, Mrs. KASSE- the Federal Power Act applicable to two hy- BAUM, Mr. KERRY, Mr. LAUTENBERG, TRADING PRIVILEGES LEGISLATION droelectric projects in Pennsylvania, and for Mr. LEAHY, Mr. LIEBERMAN, Ms. MI- ∑ Mr. HOLLINGS. Mr. President, I am other purposes; to the Committee on Energy KULSKI, Ms. MOSELEY-BRAUN, Mr. introducing a bill today to direct that and Natural Resources. MOYNIHAN, Mrs. MURRAY, Mr. PACK- WOOD, Mr. PELL, Mr. ROBB, Mr. the vessel Why Knot, official number By Mr. DOLE (for himself and Mr. 688570, be accorded coastwise trading INHOFE): ROCKEFELLER, Mr. SARBANES, Mr. S. 284. A bill to restore the term of patents, SIMON, Ms. SNOWE, Mr. SPECTER, and privileges and be issued a certificate of and for other purposes; to the Committee on Mr. WELLSTONE): documentation under section 12103 of the Judiciary. S.J. Res. 25. A joint resolution proposing title 46, U.S. Code. an amendment to the Constitution of the By Mr. MCCAIN (for himself, Mr. The Why Knot was constructed in United States relative to equal rights for INOUYE, Mr. CAMPBELL, Mr. SIMON, Taiwan in 1985 as a recreational vessel. women and men; to the Committee on the and Mr. THOMAS): Judiciary. It is 44 feet in length, 13.5 feet in S. 285. A bill to grant authority to provide breadth, has a depth of 7.8 feet, and is f social services block grants directly to In- self-propelled. dian tribes, and for other purposes; to the Committee on Finance. SUBMISSION OF CONCURRENT AND The vessel was purchased by Keith By Mr. MCCAIN (for himself, Mr. SENATE RESOLUTIONS Rogerson of Isle of Palms, South Caro- INOUYE, Mr. CAMPBELL, Mr. THOMAS, The following concurrent resolutions lina, who purchased it with the inten- and Mrs. KASSEBAUM): and Senate resolutions were read, and tion of chartering the vessel for short S. 286. A bill to amend the Solid Waste Dis- referred (or acted upon), as indicated: sailing tours of the Charleston harbor. posal Act to grant State status to Indian Due to the fact that the vessel was for- tribes for purposes of the enforcement of By Mr. BRADLEY (for himself, Mr. D’AMATO, Mr. DOLE, Mr. DASCHLE, eign built, it did not meet the require- such Act, and for other purposes; to the Com- ments for coastwise trading privileges mittee on Indian Affairs. Mr. PELL, Mr. HELMS, Mr. SPECTER, By Mrs. HUTCHISON (for herself, Ms. Mr. LAUTENBERG, Mr. FEINGOLD, Mr. in the United States. MIKULSKI, Mr. ABRAHAM, Mr. HARKIN, Mr. BAUCUS, and Ms. MIKUL- The owner of the Why Knot is seeking ASHCROFT, Mr. BENNETT, Mr. BOND, SKI): a waiver of the existing law because he Mr. BROWN, Mr. BURNS, Mr. COATS, S. Res. 74. A resolution commemorating wishes to use the vessel for charters. the fiftieth anniversary of the liberation of Mr. COCHRAN, Mr. COHEN, Mr. His desired intentions for the vessel’s COVERDELL, Mr. CRAIG, Mr. D’AMATO, the Auschwitz death camp in Poland; considered and agreed to. use will not adversely affect the coast- Mr. DEWINE, Mr. DOLE, Mr. DOMENICI, wise trade in U.S. waters. If he is f Mr. FAIRCLOTH, Mr. FRIST, Mr. GOR- granted this waiver, it is his intention TON, Mr. GRAMM, Mr. GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. HATCH, STATEMENTS ON INTRODUCED to comply fully with U.S. documenta- Mr. HATFIELD, Mr. HELMS, Mr. BILLS AND JOINT RESOLUTIONS tion and safety requirements. The pur- INHOFE, Mrs. KASSEBAUM, Mr. By Mr. HOLLINGS: pose of the legislation I am introducing KEMPTHORNE, Mr. KYL, Mr. JEFFORDS, S. 278. A bill to authorize a certifi- is to allow the Why Knot to engage in Mr. LOTT, Mr. MACK, Mr. MCCAIN, Mr. cate of documentation for the vessel the coastwise trade and the fisheries of MCCONNELL, Mr. MURKOWSKI, Mr. the United States.∑ NICKLES, Mr. PRESSLER, Mr. ROTH, Serenity; to the Committee on Com- Mr. SANTORUM, Mr. SHELBY, Mr. merce, Science, and Transportation. By Mr. LAUTENBERG (for him- SIMPSON, Mr. SMITH, Ms. SNOWE, Mr. TRADING PRIVILEGES LEGISLATION self and Mr. BRADLEY): STEVENS, Mr. THOMAS, Mr. THOMP- ∑ Mr. HOLLINGS. Mr. President, I am S. 280. A bill to amend the Robert T. SON, Mr. THURMOND, Mr. WARNER, Mr. introducing a bill today to direct that REAUX EINSTEIN OHN Stafford Disaster Relief and Emer- B , Mrs. F , Mr. J - the vessel Serenity, official number STON, Mr. MOYNIHAN, Mrs. MURRAY, gency Assistance Act to provide that 1021393, be accorded coastwise trading Mr. REID, Ms. MOSELEY-BRAUN, and the definition of ‘‘local government’’ privileges and be issued a certificate of Mr. SIMON): includes certain nonprofit camp meet- documentation under section 12103 of S. 287. A bill to amend the Internal Reve- ing associations that maintain public nue Code of 1986 to allow homemakers to get title 46, United States Code. facilities, and for other purposes; to a full IRA deduction; to the Committee on The Serenity was constructed in Tai- the Committee on Environment and Finance. wan in 1981 as a recreational vessel. It Public Works. By Mr. MCCAIN (for himself, Mr. WAR- is 31 feet in length, 10.3 feet in breadth, NER, and Mr. ROBB): has a depth of 6.3 feet, and is self-pro- THE STAFFORD ACT AMENDMENT ACT OF 1995 S. 288. A bill to abolish the Board of Re- view of the Metropolitan Washington Air- pelled. ∑ Mr. LAUTENBERG. Mr. President, I ports Authority, and for other purposes; to The vessel was purchased in 1994 by am pleased to introduce legislation the Committee on Commerce, Science, and John McGlynn of Mount Pleasant, SC, that would ensure eligibility for disas- Transportation. who purchased it with the intention of ter assistance for a New Jersey January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1619 beachfront community that, because of it’s public, it’s part of the community. one who visits the community and a loophole in current law, cannot re- It is no different from any other Jersey walks its streets will see why. Struc- ceive Federal funding should a storm shore community, and should be af- tures like the Great Auditorium, built destroy its beach. I am delighted that forded the same protection. in 1894, and the Continental Cottage, my friend and colleague from New Jer- I ask unanimous consent that the bill restored by the Historical Society of sey, Senator BILL BRADLEY, joins me as be printed in the RECORD. Ocean Grove to its original gothic style a cosponsor. There being no objection, the bill was of 1874, contribute to what is the larg- The Ocean Grove Camp Meeting As- ordered to be printed in the RECORD, as est aggregate of Victoriana in the sociation, located in Neptune, NJ, is a follows: country. The government now needs to private nonprofit association with a S. 280 recognize that the facilities of such a rich history of community involve- Be it enacted by the Senate and House of Rep- unique community deserve to be pro- ment. Its beach is open to the public resentatives of the United States of America in tected, should disaster strike. and is operated as a separate utility, Congress assembled, During the storm that hit the coast like all other municipalities along the SECTION 1. DEFINITION OF LOCAL GOVERN- of New Jersey in 1992, Ocean Grove suf- New Jersey shore. MENT. fered severe damage. it was able to re- Section 102(6) of the Robert T. Stafford Mr. President, if a storm were to hit pair its facilities only due to the assist- New Jersey tomorrow and destroy the Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(6)) is amended— ance of FEMA. Now the rules have been Ocean Grove community, FEMA would (1) by striking ‘‘government’ means (A) changed, and Ocean Grove is to be ex- be able to assist the communities to any’’ and inserting the following: ‘‘govern- cluded from this assistance. We need to the north and to the south of its beach, ment’— recognize this as an unfair punishment but not Ocean Grove, merely because ‘‘(A) means any’’; for a community’s unique history, and the title to the beach is owned by a pri- (2) by striking ‘‘organization, and (B) in- change that rule. That is what this leg- cludes any’’ and inserting the following: ‘‘or- vate nonprofit. If a municipality owned islation will do.∑ title, the beach would be operated in ganization; and exactly the same manner, and would be ‘‘(B) includes— ‘‘(i) any’’; By Mr. D’AMATO (for himself eligible for Federal funding—therein (3) by striking the period at the end and in- and Mr. MOYNIHAN): lies the dilemma. serting ‘‘; and’’; and S. 281. A bill to amend title 38, Unit- Mr. President, Ocean Grove is a (4) by adding at the end the following: ed States Code, to change the date for unique situation. I have crafted the ‘‘(ii) any nonprofit camp meeting associa- the beginning of the Vietnam era for language to ensure that this dilemma tion, in existence on the date of enactment the purpose of veterans benefits from is fairly resolved. My bill does not ex- of this clause, that maintains 1 or more pub- August 5, 1964, to December 22, 1961; to pand the eligibility for a whole class of lic facilities.’’.∑ the Committee on Veterans’ Affairs. facilities. It allows a private nonprofit ∑ Mr. BRADLEY. Mr. President, I am in name only to be afforded the same pleased today to join my friend and VIETNAM VETERANS’ LEGISLATION protection from storms as every other colleague Senator FRANK LAUTENBERG ∑ Mr. D’AMATO. Mr. President, you do beach/front community. in introducing legislation to protect a not have to be a history major to won- The Ocean Grove Camp Meeting As- unique community along the shore of der at how Congress settled on August sociation boasts a rich history that New Jersey. Under current law, the 5, 1964, as the date of the beginning of was recognized by the Federal Govern- community is being punished for the the Vietnam war for the purposes of ment when it granted it a national his- very attributes we should be striving veterans benefits. August 5, 1964, is the toric district. Founded in 1869 to pro- to preserve. day after the wrapup of the Tonkin vide a respite from the urban and in- The Ocean Grove Camp Meeting As- Gulf incident, and 2 days before the dustrial growth that, even then, was sociation was founded in the late 1800’s, passage of the Tonkin Gulf resolution. threatening New Jersey’s remaining as a meeting ground for members of It has an arbitrariness about it that open spaces, the camp was originally the Methodist Episcopal Church. It was could only have been driven by the po- established as a meeting ground for an escape from the pressures of urban litical sensitivities of the time. members of the Methodist Episcopal life then, and it remains so today for For a variety of reasons, few in gov- Church. the hundreds of tourists who visit its ernment during the early 1960’s wanted Today, Ocean Grove is one of the few beach and its historic sites every sum- to admit the depth and breadth of camp meeting sites left that remains mer. American involvement in the war in true to its original goals, and still But if a storm were to hit the coast Vietnam. Thirty years later, the prac- holds camp meetings every summer. of New Jersey, Mr. President, there tical result of that reticence is that The association hosts speakers and would be no more visitors to the board- hundreds of members of the Armed town meetings, and is an integral part walk and no more vacationers on the Forces continue not to have their serv- of the surrounding community. The beach. While the Federal Emergency ice in Vietnam recognized. camp, and its beach, is certainly not Management Agency would be able to To put an end to this injustice, the operated as a private beach—it is open assist every municipality along the senior Senator from New York [Mr. and embraced by the public. coast in rebuilding its recreational fa- MOYNIHAN] and I have introduced legis- Mr. President, this bill establishes cilities, Ocean Grove would be ex- lation changing the date of the Viet- fairness to this small New Jersey com- cluded. It would not be excluded be- nam war for the purposes of veterans munity, by ensuring eligibility for dis- cause the beach isn’t public—Ocean benefits from August 5, 1964, to Decem- aster assistance. Without this eligi- Grove’s beach is as indiscriminately ber 22, 1961. The significance of Decem- bility, Ocean Grove alone would be re- open to the public as any other beach ber 22, 1961, is as follows. quired to foot the entire bill to rebuild along the shore. It would be excluded, Prior to late 1961, the United States the community’s facilities, should dis- Mr. President, because Ocean Grove’s had kept South Vietnam at arm’s aster strike. proud history means that they are a length, providing assistance and train- Ocean Grove suffered severe damage private, non-profit organization. ing personnel, but avoiding combat. In to its facilities during the 1992 Under new FEMA regulations, rec- November 1961, responding to the rec- nor’easter. FEMA provided 75 percent reational services of such organizations ommendations of a fact-finding mis- of the funding for repair. Due to recent are no longer eligible for disaster as- sion to Saigon led by Gen. Maxwell changes in the statute, Ocean Grove sistance. If a storm were to hit the Taylor, Secretary of State Dean Rusk, would no longer be eligible. Should an- coast of New Jersey, Ocean Grove—and and Secretary of Defense Robert McNa- other storm strike, Ocean Grove would only Ocean Grove—would not be able mara provided President Kennedy with not be able to rebuild its facilities on to turn to the Federal Government for a joint memorandum urging that its own. help. ‘‘[t]he United States should commit it- Mr. President, the Ocean Grove Camp We have already recognized the im- self to the clear objective of preventing Meeting Association operates its beach portance of Ocean Grove by declaring the fall of South Viet-Nam to Com- as if it were a municipality—it’s open, it a national historic district, and any- munism.’’ S 1620 CONGRESSIONAL RECORD — SENATE January 26, 1995 That memorandum, incorporated night at 6 p.m. and Sunday at 6 p.m.’’ Mr. President, to counter domestic into NSAM 111, changed the character He forgot to add, ‘‘Especially if you’re violence, we need to get it out of the of American involvement in the war a woman.’’ a 10-year study found that closet and then help women find a way from a purely advisory role to one of in cases where the identity of the killer out of a brutal environment. When a ‘‘limited partnership,’’ as General Tay- is known, over one-half of all women women is a victim of domestic vio- lor put it. American military personnel murdered in America were killed by a lence, she needs to have a place to go. became direct participants in the concurrent or former male partner or by a She needs someone who knows what flict. On December 22, 1961, Spec. 4 male family member. Studies have also her legal rights are, and how to prevent James T. Davis was killed in a fire- shown that violence against women in future beatings from occurring. She fight, the first U.S. ground combat cas- the home causes more total injuries to needs counseling and protection for ualty of the war. women than rape, muggings, and car herself and her children, and she needs It is in recognition of Specialist 4 accidents combined. support. Davis’ sacrifice, and the sacrifice of the In my home State of New Jersey, I have said again and again that many who followed, living and dead, there were 66,248 domestic violence of- much of what must be done to counter between December 22, 1961, and August fenses reported by the police in 1993. the rising tide of violence in America 5, 1964, that we offer our legislation. Overall, women were the victims in 83 lies beyond the reach of the Federal Mr. President, I ask unanimous con- percent of all domestic violence of- Government. The responsibility is sent that the text of the bill be printed fenses. Mr. President, 41 women lost shared and the fight must be won by in the RECORD. their lives as a result of domestic vio- individuals and communities across There being no objection, the bill was lence disputes in my home State in this country. Mr. President, nothing ordered to be printed in the RECORD, as 1993. These are not nameless, faceless provides a better example of this than follows: statistics, Mr. President, these are the community-based organizations S. 281 women who endured torture and abuse that work with local law enforcement Be it enacted by the Senate and House of Rep- during their marriages and were vio- agencies every day to protect the resentatives of the United States of America in lently murdered. rights—and the lives—of battered Congress assembled, That section 101(29) of Mr. President, these are women like women. title 38, United States Code, is amended by striking out ‘‘August 5, 1964’’ and inserting Denise Alaouie, who was axed to death Mr. President, our police do an out- in lieu thereof ‘‘December 22, 1961.’’∑ in her New Jersey home while her two standing job of fighting crime in our daughters slept. Her husband surren- communities, but often they don’t have By Mr. BRADLEY (for himself, dered to police shortly after he alleg- the resources or the time to provide do- Mr. HATFIELD, and Mr. edly took a 14-inch ax and committed mestic violence victims with the spe- WELLSTONE): the murder. Four months before Denise cial attention they need. Community S. 282. A bill to authorize the Sec- Alaouie’s death, her husband put a response teams work in tandem with retary of Health and Human Services knife to her neck and threatened to police to help victims of domestic vio- to award grants and contracts to estab- kill her if she went through with a di- lence right when a crisis occurs. By lish domestic violence community re- vorce. He then threatened to commit working together, community response sponse teams and a technical assist- suicide. Denise Alaouie decided not to teams and police can provide victims ance center to address the development leave her husband because he threat- with the services so essential to them and support of such community re- ened to withhold money for rent and after they have been battered or beaten sponse teams, and for other purposes; child support. She is now dead—an- in their home. The bill I am introduc- to the Committee on Labor and Human other tragic victim of domestic vio- ing today will increase the ability of Resources. lence. communities to coordinate all the re- THE DOMESTIC VIOLENCE COMMUNITY RESPONSE These are women like Kathleen sources available to citizens who are TEAM ACT OF 1995 Quagliani, whose husband smashed her victims of domestic abuse. Mr. BRADLEY. Mr. President, I rise skull with a baseball bat because she The cooperation between volunteers today, with my distinguished col- planned to divorce him. Six weeks be- and law enforcement groups is essen- leagues, Senator HATFIELD and Senator fore her death, she wrote to her attor- tial to providing services to victims of WELLSTONE, to introduce the Domestic ney that during her 18-year marriage, domestic violence. Such programs exist Violence Community Response Team the abuse was so devastating that it today, and they work. They are work- Act of 1995. It is a bill designed to for- drove her to attempt suicide. The ing in towns like South River, N.J. tify America’s front lines in the fight Catholic-school teacher had vowed to There, the community has come to- against spousal abuse and domestic vi- end her marriage to save her two sons gether with the local police, led by olence in America. Those front lines from a devastating cycle of violence. Chief Frank Eib, to form a community are not found here in Washington, but However, her 12-year-old son watched response team that has made a tremen- in community-based organizations her mother’s body being smashed by dous difference to the well-being of throughout the country. the brutal blows on the kitchen floor. families in the community. With the Domestic violence is a social sick- Her husband is currently serving a life help of people like Paula Bollentin, a ness, and women and children are its sentence for the murder. police dispatcher who also volunteers most common casualties. Violence Mr. President, these are women like her time to help with a community re- against women in the home is a hei- Valerie Van Dunk, Virginia Burghardt, sponse team, South River is winning nous crime being committed behind Katherine Gallagher, Pamela Dare, its fight against domestic violence. locked doors and pulled shades in cities Carmen Sanchez, and Joan Mr. President, an increasing number and towns across America. America’s Oppenheimer. These are women that of jurisdictions in the State of New dark little secret, however, is slowly could possibly have been saved if re- Jersey are employing community re- coming out into the open. sources were available to assist them sponse teams. For example, in Middle- Mr. President, the physical abuse suf- in getting out of violent domestic situ- sex County, which includes South fered by Nicole Brown Simpson in Los ations. River, there are currently five jurisdic- Angeles, as detailed in the infamous 911 Mr. President, I know that it is hard tions with community response teams. call that was broadcast on television, to listen to these tragic stories; indeed, South River, with a population of ap- will forever remind us of the fear many it is difficult for me to stand here and proximately 15,000, has a community women live with day to day. In many tell these tales of horror. However, if response team employing 7 community ways, this case has prompted an entire we continue to turn our heads, avert volunteers. In Woodbridge, a commu- nation to come to terms with our crisis our eyes, and pretend that this problem nity response team of approximately 30 of domestic violence. does not exist, the brutality will con- volunteers is serving a population of Mr. President, a policeman recently tinue and there will be more Kathleen 100,000. These community response said, ‘‘The most dangerous place to be Quagliani’s, more Denise Alaouie’s, and teams, serving both large and small is in one’s home between Saturday more children who will be motherless. communities, are effectively assisting January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1621 women who are suffering physical and doing so, it will strengthen the lines of (5) educate victims regarding abuse tac- mental abuse. defense that already exist within our tics, including increased incidence of vio- Mr. President, it is through partner- communities. lence that occurs after repeated episodes of ships such as the ones that exist in Mr. President, I ask unanimous con- violence; and New Jersey between police and commu- (6) act in partnership with local law en- sent that the full text of the bill be forcement agencies to carry out the purposes nity response teams that communities printed in the RECORD. of this Act. can best combat the scourge of vio- There being no objection, the bill was (f) APPLICATIONS.— lence in the home. Women in my State ordered to be printed in the RECORD, as (1) IN GENERAL.—Applications for grants are increasingly able to find shelter, follows: under this section shall be submitted to the obtain medical treatment, receive S. 282 Secretary at such time, in such manner, and counseling, and protect their children Be it enacted by the Senate and House of Rep- accompanied by such information as the Sec- from the violent rage of spouses—all resentatives of the United States of American in retary may reasonably require. due to the efforts of strong commu- Congress assembled, (2) CONTENTS.—Each application submitted pursuant to paragraph (1) shall— nity-based programs. Through them, SECTION 1. SHORT TITLE. (A) include a complete description of the women can see that they are not alone. This Act may be cited as the ‘‘Domestic eligible entity’s plan for operating a commu- Violence Community Response Team Act of Mr. President, the legislation I am nity-based partnership between law enforce- 1995’’. introducing today will increase the ment officials and community organizations; ability of communities to pool their re- SEC. 2. PURPOSE. (B) demonstrate effective community lead- sources in the fight against violence in The purposes of the Act are to— ership, commitment to community action, the home. The Domestic Violence Com- (1) establish and strengthen the partner- and commitment to working with affected munity Response Team Act of 1995 will ship between law enforcement and commu- populations; nity groups in order to assist victims of do- (C) provide for periodic project evaluation provide funding to establish new part- mestic violence; nerships between community response through written reports and analysis in (2) provide early intervention and followup order to assist in applying successful pro- teams and police, and will enable exist- services in order to prevent future incidents ing ones to grow. An effective partner- grams to other communities; and of domestic violence; and (D) demonstrate an understanding of the ship will provides police action to en- (3) establish a central technical assistance population to be served, including an under- force the law and hold batterers crimi- center for the collection and provision of standing of the racial, ethnic, and socio- nally liable, and CRT community advo- programmatic information and technical as- economic characteristics that influence the sistance. cates to provide information and sup- roles of women and affect treatment. SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY port to victims. Through this legislat- (g) ADMINISTRATIVE EXPENSES.—Of the RESPONSE TEAMS. ing, law enforcement officials will be amount made available under section 5 for a (a) IN GENERAL.—The Secretary of Health able to help more women in more big grant under this section for a community re- and Human Services (referred to in this Act sponse team, not more than 5 percent of such cities and small towns across America. as the ‘‘Secretary’’), is authorized to award amount may be expended to cover the ad- This bill enables the Secretary of the grants to encourage eligible entities to serve ministrative expenses of the community re- Department of Health and Human as community response teams to assist in sponse team. Services to award grants and contracts the prevention of domestic violence. Grants to organizations whose primary pur- awarded under this section shall be awarded SEC. 4. TECHNICAL ASSISTANCE CENTER. pose involves working with police to in a manner that ensures geographic and de- (a) IN GENERAL.—The Secretary is author- intervene in cases of domestic violence. mographic diversity. ized to award a contract to an eligible entity These teams will have the ability to re- (b) MAXIMUM AMOUNT.—The Secretary to serve as a technical assistance center shall not award a grant under this section in spond to the specific needs of different under this Act. The technical assistance cen- an amount that exceeds $500,000. ter shall— racial and ethnic communities across (c) DURATION.—The Secretary shall award (1) serve as a national information, train- the country. Most importantly, they grants under this section for periods of not ing, and material development source for the will work closely with police to provide to exceed 3 years. development and support of community re- services to victims of domestic vio- (d) ELIGIBILITY ENTITY.— sponse teams nationwide; and lence. (1) IN GENERAL.—For purposes of this sec- (2) provide technical support and input to This bill will also establish a nation, the term ‘‘eligible entity’’ means a non- community programs, including assisting tional technical assistance center to profit, community-based organization whose local groups in the establishment of pro- provide community-based organiza- primary purpose involves domestic violence grams and providing training to community prevention, and who has demonstrated exper- tions with information, training, and volunteer staff persons. tise in providing services to victims of do- (b) ELIGIBLE ENTITY.—For purposes of this materials on the development and sup- mestic violence and collaborating with serv- port of community response teams. section, the term ‘‘eligible entity’’ means a ice providers and support agencies in the nonprofit organization with a primary focus This national facility will provide community. on domestic violence prevention and dem- much-needed support to community (2) ADDITIONAL REQUIREMENTS.—In order to onstrated expertise in providing technical programs, including help to local be considered an eligible entity for purposes assistance, information, training, and re- groups in starting new programs. of this section, an entity shall— source development on some aspect of do- Mr. President, this bill does not re- (A) have an understanding of the racial, mestic violence service provision or preven- quire a massive outlay of Federal dol- ethnic, and lingual diversity of the commu- tion. An eligible entity shall be selected by nity in which such entity serves as a commu- lars or the creation of an extensive the Secretary under this section based on nity response team; competence, experience, and a proven ability Federal bureaucracy. This bill simply (B) be able to respond adequately to such requires an appropriation of seed to conduct national-level organization and community; and program development. In order to be consid- money which will assist community (C) to the extent practicable, include per- ered an eligible entity for purposes of this residents in creating and strengthening sonnel that reflect the racial ethnic, and lin- section, an entity shall provide the Sec- local community response teams. This gual diversity of such community. retary with evidence of support from com- bill empowers local communities to (e) ROLE OF COMMUNITY RESPONSE TEAMS.— munity-based domestic violence organiza- take the initiative and become in- Community response teams established pur- tions for the designation of the entity as the suant to this section shall— technical assistance center. volved in solving a problem of tragic (1) provide community advocates to work proportions. (c) ADMINISTRATIVE EXPENSES.—Of the (in conjunction with local police) with vic- amount made available under section 5 for a Mr. President, if domestic violence is tims, immediately after incidents of domes- to be obliterated in our society, we contract under this section for a technical tic violence; assistance center, not more than 5 percent of need to provide communities with the (2) educate victims of domestic violence such amount may be expended to cover the resources they need to prevent in- about the legal process with respect to re- administrative expenses of the technical as- stances of violence and protect victims straining orders and civil and criminal sistance center. from further abuse. The Domestic Vio- charges; lence Community Response Team Act (3) discuss with such victims immediate SEC. 5. AUTHORIZATION OF APPROPRIATIONS. safety arrangements and child care needs, There are authorized to be appropriated of 1995, by strengthening the partner- and educate victims about resources pro- $5,000,000 for fiscal years 1996, 1997, and 1998 ships that exist between community vided by local agencies; to carry out the provisions of this Act, of response teams and local police, will (4) provide for followup services and coun- which $300,000 shall be made available for a help to provide those resources. By seling with local support agencies; contract under section 4. S 1622 CONGRESSIONAL RECORD — SENATE January 26, 1995 Mr. HATFIELD. Mr President, I am THE FEDERAL POWER ACT AMENDMENT ACT OF for the licensees to commence construction pleased to join my colleague from New 1995 of such project. Jersey in cosponsoring the Domestic ∑ Mr. SPECTER. Mr. President, I am SEC. 2. EXTENSION OF DEADLINE FOR PROJECT Violence Community Response Team pleased to introduce this legislation, NUMBER 7041. Act, and commend him for his work on which would extend the deadline for Notwithstanding the time limitations of construction of two Pennsylvania hy- section 13 of the Federal Power Act, the Fed- this issue. Violence in the home is an eral Energy Regulatory Commission (re- insidious blight on our society. In Or- droelectric power projects. These extensions are necessary because the Al- ferred to in this Act as the ‘Commission’), egon, crisis hotlines receive over 50,000 upon the request of the licensee for Commis- legheny North Council of Governments sion Project No. 7041, is authorized, in ac- phone calls each year. The vast pain and the borough of Cheswick (Project caused by this problem cries out for cordance with the good faith, due diligence, No. 4474) and the Potter Township and public interest requirements of section creative approaches such as this. Power Authority (Project No. 7041) re- 13 of the Federal Power Act and the Commis- Over the years, I have had occasion ceived licenses from the Federal En- sion’s procedures under such section, to ex- to view various proposals to reduce ergy Regulatory Commission and must tend until April 15, 2001, the time required crime and violence, and have noticed commence construction prior to April for the licensees to commence construction that most of the truly successful ideas 15, 1995, or face the loss of their li- of such project.∑ are rooted in the local communities censes under section 13 of the Federal where crimes occur. Government enti- Power Act. On many occasions, Con- By Mr. DOLE (for himself and ties will never be able to stop crime by gress has granted similar non- Mr. INHOFE): themselves, and certainly can not come controversial extensions to licensees S. 284. A bill to restore the term of into the millions of American homes for projects in other States. I would patents, and for other purposes; to the where violence has ripped apart the further note that on October 5, 1994, Committee on the Judiciary. fabric of family security. the Senate adopted by voice vote an THE TERM OF PATENTS ACT OF 1995 I believe that the bill we introduce amendment extending the license for Mr. DOLE. Mr. President, I rise today can build upon a proposal that I the Allegheny North Project No. 4474. today to introduce, with my distin- introduced last year called the Domes- That legislation passed the Senate, but guished colleague Senator INHOFE, leg- tic Violence Community Initiative Act, failed to clear both houses prior to ad- islation that will remedy one of the which passed as part of the crime bill. journment last year. problems created by the implementing That new law will encourage coopera- I am advised that the licensees for bill for the GATT, which passed this these two projects have been negotiat- tion among the education community, body on December 1, 1994. ing on power sales agreements, but health care providers, the justice sys- The implementing bill changed the have not yet been able to finalize these length of time that a patent is pro- tem, the religious community, business arrangements. This legislation would and civic leaders, State children’s serv- tected under U.S. law. Prior to the provide additional time for the munici- change, the period of protection ran 17 ices divisions, and domestic violence pal licensees to conclude their negotia- years from the date of the grant of the program advocates. The idea for this tions with potential power purchasers. patent. The new period of protection approach came out of meetings I had In introducing this legislation, I am at- under the GATT bill runs 20 years from on the topic of domestic violence with tempting to ensure that an arbitrary date of filing. various community groups who needed statutory deadline will not be the ulti- My legislation gives patent appli- more coordination in their attack on mate factor deciding the future of cants the best of both worlds: Protec- this pervasive problem. these projects. I am not expressing any tion will run from the longer of 17 The bill introduced today would personal views on whether the projects years from grant or 20 years from fil- allow the Secretary of HHS to make should go forward or on how the ing. small grants for pilot projects for com- projects should be funded; that is clear- The change in patent term under the munities to link with local police to ly the responsibility of the municipal GATT bill threatens to actually short- provide early intervention and follow- licensees and the residents of the bor- en the period of protection. This is due up services to victims of domestic vio- oughs and townships involved. to the sometimes inordinate amount of lence by trained volunteers. The idea is The Allegheny River project and the time a patent application can languish to form a partnership with the police Ohio River project are two of several during the approval process. For exam- who perform the law enforcement and projects licensed for development in ple, if a patent is delayed 5 years from the advocates who do the victim coun- western Pennsylvania. Construction of filing until final disposition, an appli- seling in these cases. This could be an these licensed power plants could per- cant would effectively be denied 2 mit Pennsylvania to use previously un- excellent model for other communities, years of protection under the new rule. tapped hydroelectric energy, creating and is an example of making a little bit My legislation also addresses the substantial environmental benefits and problem of submarine patents. Con- of money go a long way by forming al- jobs for local residents. tinuing patent applications on the liances within communities. I urge my colleagues to support this same invention will result in publica- Guarding against violence in our legislation and ask unanimous consent tion of the original patent application communities is a responsibility we all that the text of this bill be printed in after 5 years. share. Without promoting widespread the RECORD. Mr. President, I have heard from in- individual involvement, any attempts There being no objection, the bill was ventor groups, from biotechnology by government to stem the tide of do- ordered to be printed in the RECORD, as groups and pharmaceutical groups—all mestic violence will fail. The Domestic follows: in support of this change. Five former Violence Community Response Team S. 283 Act of 1995 deserves quick action in the Commissioners of Patents and Trade- Be it enacted by the Senate and House of Rep- marks of the United States have writ- Senate because it provides an innova- resentatives of the United States of America in ten to me in support of this change. tive way to promote individual assist- Congress assembled, What is more, this change does not ance to victims who badly need this SECTION 1. EXTENSION OF DEADLINE FOR conflict with the obligations the Unit- help. PROJECT NUMBER 4474. Notwithstanding the time limitations of ed States undertook as part of the Uru- section 13 of the Federal Power Act, the Fed- guay round of the GATT. By Mr. SPECTER (for himself eral Energy Regulatory Commission (re- I know the administration has a dif- and Mr. SANTORUM): ferred to in this Act as the ‘Commission’), ferent view of the appropriate length of S. 283. A bill to extend the deadlines upon the request of the licensees for Com- a patent term. Nevertheless, during the under the Federal Power Act applicable mission Project No. 4474, is authorized, in ac- weeks leading up to the GATT vote, I to two hydroelectric projects in Penn- cordance with the good faith, due diligence, and public interest requirements of section discussed this issue with Ambassador sylvania, and for other purposes; to the 13 of the Federal Power Act and the Commis- Kantor and others and I obtained a Committee on Energy and Natural Re- sion’s procedures under such section, to ex- commitment that the administration sources. tend until April 15, 2001, the time required would not oppose legislation to achieve January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1623 a change if the 104th Congress pursues SIMON, have joined me as original co- American Indian. Clearly, the Indian the matter. sponsors of this bill. The legislation we policy statements of former Presidents Mr. President, I would simply say in are introducing today authorizes the Nixon, Reagan, and Bush which called conclusion that our inventors and cre- Secretary of Health and Human Serv- for Indian self-determination, self-gov- ative Americans all over the country ices to make contracts or grants with ernance, and the fulfillment of the Fed- deserve the maximum protection of Indian tribal governments to design eral Government’s trust responsibility their intellectual property. We should and administer tribal social services to the Nation’s Indian population can not jeopardize their investment in programs. The legislation requires that no longer be ignored. More specifically, ideas. The new rule recently passed 3 percent of title XX funds are to be we should heed the advice of President threatens that investment, and I urge made available to fund contracts or Reagan who stated in his Indian policy my colleagues to consider the change I grants to Indian tribes or tribal organi- statement of January 24, 1993, that the am proposing today, to restore the zations. The Secretary is also required Title XX Social Services Block Grants most important aspect of an inventor’s to establish a base funding formula Program should be amended to provide livelihood: the period of time he owns similar to that required by the Child direct funding to Indian tribal govern- his invention. Care and Development Block Grant ments. I believe it is time that we Mr. President, I ask unanimous con- Act. move Indian people and the Federal sent that the text of the bill be printed In its current form, the title XX so- Government into the 20th century with in the RECORD. cial services block grant is an entitle- real change, and I believe that this leg- There being no objecton, the bill was ment program that is available only to islation will help to accomplish this. ordered to be printed in the RECORD, as State and Territorial governments. Mr. President, I ask unanimous con- follows: This program provides State and Terri- sent that the full test of the bill and S. 284 torial governments with flexible re- the accompanying section-by-section Be it enacted by the Senate and House of Rep- sources to establish locally tailored appear in the RECORD. resentatives of the United States of America in and administered social services pro- There being no objection, the mate- Congress assembled, grams. Unfortunately, Indian tribal rial was ordered to be printed in the SECTION 1. PATENT TERMS. governments have not been provided RECORD, as follows: (a) AMENDMENT.—Section 154 of title 35, with the opportunity to share in these United States Code (as added by the Uruguay resources. I believe this legislation will S. 285 round Agreements Act), is amended— provide a new sense of hope to the Be it enacted by the Senate and House of Rep- (1) in paragraph (2) of subsection (a), by highly dedicated individual social serv- resentatives of the United States of America in striking ‘‘and ending’’ and all that follows ice personnel, both Indian and non-In- Congress assembled, through the end of the paragraph and insert- dian, who must confront a panoply of SECTION 1. AUTHORITY TO PROVIDE SOCIAL ing ‘‘and ending on the later of— SERVICES BLOCK GRANTS DIRECTLY ‘‘(A) 17 years from the date of the grant of health and social problems affecting American Indians with extremely lim- TO INDIAN TRIBES. the patent; or (a) IN GENERAL.—Section 2003 of the Social ‘‘(B) 20 years from the date on which the ited resources. Security Act (42 U.S.C. 1397b) is amended— application for the patent was filed in the A report issued last August by the of- (1) in subsection (a), by striking ‘‘and the United States, except that if the application fice of the inspector general revealed Northern Mariana Islands’’ the first place it contains a specific reference to an earlier that although States may share title appears and inserting ‘‘the Northern Mari- filed application or applications under sec- XX funding with tribal child welfare ana Islands, and any participating Indian tion 120, 121, or 365(c) of this title, 20 years agencies, 15 of the 24 States with the tribe or tribal organization, as defined in from the date on which the earliest such pat- subsection (e)(3),’’; ent application was filed.’’; largest Native American populations did not provide title XX funds to In- (2) in subsection (b), by striking ‘‘and the (2) by amending subsection (b) to read as Northern Mariana Islands’’ each place it ap- follows: dian tribes from 1989 to 1993. The in- pears and inserting ‘‘the Northern Mariana ‘‘(b) PATENT DISCLOSURE.—In the event spector general’s report indicated that Islands, and any participating Indian tribe or that a continuing patent application is filed the principal reason that Indian tribes tribal organization, as defined in subsection that claims the benefit of the filing date of were not receiving title XX funds was (e)(3),’’; and a prior application that was filed more than that Congress, during its initial consid- (3) by adding at the end the following new 60 months earlier, notices of the original pat- eration of the title XX Social Service subsections: ent application and of the continuing patent ‘‘(d)(1) Of the amounts specified in sub- application shall be published and the public Block Program, provided no authority to award title XX funds directly to section (c), 3 percent shall be available for shall be permitted to inspect and copy the grants made or contracts entered into with original patent application and the continu- tribes. Under the current program Indian tribes or tribal organizations in ac- ing patent application.’’; and States are neither required nor encour- cordance with this subsection. (3) in paragraph (1) of subsection (c), by aged to share funds with Indian tribes. ‘‘(2) The Secretary shall make grants to or striking ‘‘shall be the greater of the 20-year I can only believe that this was a grave enter into contracts with Indian tribes or term as provided in subsection (a), or 17 oversight on the part of the legislators tribal organizations for planning and carry- years from grant’’ and inserting ‘‘shall be at the time the title XX Social Block ing out programs and activities under this the term provided in subsection (a)’’. title. (b) TECHNICAL AMENDMENT.—Section 534(b) Grants Program was considered. Mr. President, one half of all Indian ‘‘(3) The Secretary shall establish criteria of the Uruguay Round Agreements Act is for the review and approval of applications amended by striking paragraph (3). children under the age of 6 live in pov- for grants or contracts under this sub- erty, approximately 50 percent of the section. By Mr. MCCAIN (for himself, Mr. Indian families headed by females live ‘‘(4)(A) Not later than 180 days after the INOUYE, Mr. CAMPBELL, Mr. in poverty compared to a national rate date of enactment of this subsection, the SIMON, and Mr. THOMAS): of 31.1 percent, reports of Indian child Secretary, with the full participation of In- S. 285. A bill to grant authority to abuse continue to increase, and Indians dian tribes and tribal organizations, shall es- provide social services block grants di- suffer among the highest unemploy- tablish and promulgate by regulation, a base rectly to Indian tribes, and for other ment rates. I realize that time and funding formula similar to the formula es- purposes; to the Committee on Fi- tablished under section 658O of the Child time again I have provided this body Care and Development Block Grant Act of nance. with these sad statistics, and I will 1990 (42 U.S.C. 9858M). SOCIAL SERVICES BLOCK GRANTS LEGISLATION continue to recite these grim statistics ‘‘(B) In developing the funding formula, the ∑ Mr. MCCAIN. Mr. President, today I because I believe there is a great mis- Secretary may consider such additional fac- am introducing a bill that would make conception about the services provided tors as the Secretary determines appro- title XX social services block grant to Indians by the Federal Government. priate, including unique geographic and de- programs directly available to Indian Recent news articles and documen- mographic conditions of the tribal reserva- tribal governments and organizations. taries are replete with evidence of the tion and service area. ‘‘(5) Funds that are not distributed to In- I am pleased that my colleagues on the day-to-day realities faced by Indian dian tribes and tribal organizations during a Indian Affairs Committee, Senators people and the failure of the Federal fiscal year shall be available in subsequent DANIEL K. INOUYE, BEN NIGHTHORSE Government to live up to its trust, fiscal years for reallocation to eligible tribes CAMPBELL, CRAIG THOMAS, and PAUL treaty, and legal obligations to the and tribal organizations. S 1624 CONGRESSIONAL RECORD — SENATE January 26, 1995 ‘‘(6) In any case in which a contract is en- tribal reservations and service areas in de- office also reviewed data on ACF fund- tered into or grant made to a tribal organi- veloping the regulations required by this ing made available directly to State zation to perform services benefiting more subsection. and tribal governments. They con- than one Indian tribe, the approval of each Subsection (d)(5) provides that funds that such Indian tribe shall be a prerequisite to are not distributed to Indian tribes and trib- ducted a review of relevant Federal entering into the contract or making the al organizations during a fiscal year shall be legislation and conducted interviews grant. available for reallocation to eligible tribes and discussions with child welfare ex- ‘‘(7) Nothing in this subsection shall be and tribal organizations in subsequent fiscal perts and administrators in the ACF, construed to— years. the Bureau of Indian Affairs, State and ‘‘(A) serve as an authorization to limit the Subsection (d)(6) provides that the ap- tribal child welfare agencies, and Na- proval of each Indian tribe shall be a pre- eligibility of any individual to participate in tive American child welfare organiza- any program offered by a State or subdivi- requisite to entering into a contract entered sion thereof; into or grant made to a tribal organization tions. ‘‘(B) modify any requirement imposed upon to perform services benefiting more than one The Inspector General’s report enti- a State by any provision in this title; or Indian tribe. tled ‘‘Opportunities for ACF to Im- ‘‘(C) preclude or discourage an agreement Subsection (d)(7) provides that nothing in prove Child Welfare Services and Pro- between any Indian tribe and any State that this subsection shall be construed to serve as tections for Native American Children’’ facilitates the provision of services by the an authorization to limit the eligibility of was released in August 1994. The report Indian tribe to the service population of the any individual to participate in any program offered by a State or subdivision thereof; reveals that most tribal governments Indian tribe. have received little title XX, title IV– ‘‘(e) For purposes of this section— modify any requirement imposed upon a ‘‘(1) the term ‘Indian tribe’ means any In- State by any provision of this title; or pre- E, and title IV–B child welfare funding. dian tribe, band, nation, or other organized clude or discourage an agreement between In addition, while the ACF has mon- group or community, including any Alaska any Indian tribe and any State that facili- itored the tribal provision of child wel- Native village or regional or village corpora- tates the provision of services by the Indian fare protections required by the Adop- tion as defined in or established pursuant to tribe to the service population of the Indian tion Assistance and Child Welfare Act, the Alaska Native Claims Settlement Act (43 tribe. Subsection (e)(1) defines the terms ‘‘Indian few tribal records have been reviewed. U.S.C. 1601 et seq.) which is recognized as eli- Furthermore, neither the ACF nor any gible for the special programs and services tribe,’’ ‘‘tribal organization’’ and ‘‘partici- provided by the United States to Indians be- pating Indian tribe or tribal organization’’ other Federal agency has ensured State cause of their status as Indians; for purposes of this section. compliance with the child welfare pro- ‘‘(2) the term ‘tribal organization’ means— SECTION 2. EFFECTIVE DATE tections required by the Indian Child ‘‘(A) the recognized governing body of any Section 2 provides that the amendments Welfare Act. Indian tribe; and made by section 1 shall take effect on the More specifically, in 15 of the 24 ‘‘(B) any legally established organization first day of the first fiscal year beginning States with the largest Native Amer- of Indians which is controlled, sanctioned, or after the date of enactment of this Act.∑ ican populations, eligible tribes re- chartered by such governing body or which is ∑ Mr. INOUYE. Mr. President, I join democratically elected by the adult members ceived neither title XX nor title IV–E Chairman JOHN MCCAIN of the Senate of the Indian community to be served by funds from 1989 to 1993. Among the fac- such organization and which includes the Committee on Indian Affairs in intro- tors which limit access by tribes to maximum participation of Indians in all ducing a long-awaited and necessary title XX and title IV–E funds are sev- phases of its activities; and bill which would provide direct title eral Federal requirements. Current law ‘‘(3) the term ‘participating Indian tribe or XX social services block grant funding provides no authority for the ACF to tribal organization’ means an Indian tribe or to Indian tribal governments. award title XX and title IV–E funding tribal organization that receives a grant or Over the past 5 years, our committee directly to the tribes, nor does existing enters into a contract under subsection (d).’’. has worked diligently to ensure that a (b) CONFORMING AMENDMENT.—The fifth legislation either require or encourage direct allocation be made available to States to share funding with tribal sentence of section 1101(a)(1) of such Act (42 tribal governments for the provision of U.S.C. 1301(a)(1)) is amended by striking governments. the same federally funded social serv- ‘‘and the Northern Mariana Islands’’ and in- In the remaining nine States that ices programs which are available to serting ‘‘the Northern Mariana Islands, and made funding available to tribal gov- the States. any participating Indian tribe or tribal orga- ernments for title XX and title IV–E The Administration for Children and nization, as such term is defined in section purposes, it is important to keep in 2003(e)(3)’’. Families [ACF] within the U.S. Depart- mind the proportion of funding made SEC. 2. EFFECTIVE DATE. ment of Health and Human Services The amendments made by section 1 shall provides funding to States but only a available for Indian people as compared take effect on the first day of the first fiscal very few tribal child welfare programs to their percentage of the population in year beginning after the date of enactment under three titles of the Social Secu- their respective States as a whole. of this Act. rity Act. Title XX supports State so- In 1993, in the States of Arizona, Col- cial services, including child welfare orado, Montana, Nebraska, New Mex- SECTION-BY-SECTION ANALYSIS services. While States may share these ico, North Dakota, Oklahoma, Oregon, SECTION 1. AUTHORITY TO PROVIDE SOCIAL moneys with tribal child welfare agen- and South Dakota, Indian people made SERVICES BLOCK GRANTS DIRECTLY TO INDIAN up 4.36 percent of the population. But TRIBES cies, very few do and only to a very limited degree. Title IV–E supports in 1993, only 1.38 percent—$2,800,000—of Subsection (a)(1) amends Section 2003 of State Foster Care and Adoption Assist- the $203,462,000 made available to these the Social Security Act to include ‘‘Indian States was made available to tribal tribe or tribal organization’’. ance Programs. Title IV–B supports Subsection (a)(3) amends Section 2003 by States’ and some tribes’ child welfare governments to carry out social serv- adding subsections (d)(1) through (d)(7) as programs and family preservation and ices programs. follows: support services. Since the scope of the Inspector Gen- Subsection (d)(1) provides that 3 percent of In spring 1993, the committee called eral’s study did not analyze the entire Title XX Social Services Block Grant funds upon the Department of Health and $2.9 billion in Title XX funding pro- shall be available to fund grants or contracts Human Services, Office of Inspector vided for all 50 States, it can be as- entered into by an Indian tribe or Indian or- sumed that proportionately, even less ganization for planning and carrying out so- General to conduct a study to identify cial services programs and activities. opportunities for the administration money is making its way to tribal gov- Subsection (d)(4) states that no later than for children and families to strengthen ernments to carry out vitally needed 180 days after the date of enactment of this the provision of child welfare services child welfare and other social services subsection, the Secretary, with the partici- and protections to American Indian programs. This is particularly trou- pation of Indian tribes and tribal organiza- and Alaska Native children. bling because Native American com- tions shall establish and promulgate regula- A survey was conducted of those 24 munities experience higher unemploy- tions for a base funding formula similar to States with the largest native Amer- ment rates and suffer extensive pov- section 6580 of the Child Care and Develop- ment Block Grant. Subsection (d)(4) further ican populations as to the level of fund- erty-related conditions including provides the Secretary with discretion to ing which is shared between the States unequalled high rates of hunger, alco- consider other factors including the unique and tribal governments for social serv- holism, suicide, abuse, and family dis- geographic and demographic conditions of ices programs. The Inspector General’s ruption. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1625 The Inspector General also found tribal governments. By the mid-1980’s Federal Government (including any right-of- that in 1993, 471 of the 542 federally rec- it was clear that tribal environmental way running through the reservation), not- ognized tribes received no title IV–B concerns were being almost completely withstanding the issuance of any patent; funds from the ACF. Once again several ignored by State and Federal officials. ‘‘(B) all dependent Indian communities Federal regulations constrain the trib- The States had demonstrated an un- within the borders of the United States, including dependent Indian communities— al access to title IV–B funding. willingness or inability to assist Indian ‘‘(i) within the original territory or terri- On a positive note, the Inspector tribes and the Environmental Protec- tory that is subsequently acquired; and General’s report identifies options that tion Agency claimed that it lacked ‘‘(ii) within or without the limits of a can be taken by the administration for legal authority to deal directly with State; and children and families to facilitate trib- Indian tribal governments. Since that ‘‘(C) all Indian allotments with respect to al governmental access to child welfare time, considerable progress has been which the Indian titles have not been extin- and social services funding and to bet- made toward assisting Indian tribal guished, including rights-of-way running ter ensure the provision of federally governments to develop and implement through the allotments. mandated child welfare protections for environmental regulatory programs. ‘‘(43) The term ‘Indian tribe’ means any In- Native American children. I look for- Under the Clean Water Act over 40 In- dian tribe, band, group, or community, including any Alaska Native village, organiza- ward to joining Chairman MCCAIN in dian tribes have been certified by EPA analyzing this study and learning from as eligible for treatment as States. tion, or regional corporation (as defined in, or established pursuant to, the Alaska Na- Indian country of the solutions they The Solid Waste Disposal Act is the tive Claims Settlement Act (43 U.S.C. 1601 et believe would be effective in improving only remaining major environmental seq.)) that— services available to Indian children law which fails to provide for the treat- ‘‘(A) is recognized by the Secretary of the and their families. ment of Indian tribal governments as Interior; and I am hopeful that my colleagues on States. This has made it difficult for ‘‘(B) exercises governmental authority the Senate Finance Committee will EPA and the Indian tribal governments within Indian country.’’. work closely with the Senate Commit- to address a variety of solid and haz- (b) TREATMENT OF INDIAN TRIBES AS tee on Indian Affairs in ensuring that ardous waste problems on Indian lands, STATES.—Subtitle A of such Act (42 U.S.C. equity in social services funding is pro- including the problem of leaking un- 6901 et seq.) is amended by adding at the end vided to tribal governments. I am also derground storage tanks. The bill we the following new section: hopeful that agencies who are associ- are introducing today is intended to ‘‘SEC. 1009. INDIAN TRIBES. ated with the coalition of public non- correct this situation. The provisions ‘‘(a) IN GENERAL.—Subject to subsection profit organizations, Generations Unit- of this legislation will allow Indian (b), the Administrator may— ed, will work with both committees in tribal governments the same opportu- ‘‘(1) treat an Indian tribe as a State for the addressing the profound needs of tribal nities that are available to States to purposes of this Act; governments in providing social serv- build program capacity and fully de- ‘‘(2) delegate to an Indian tribe primary en- ices to their communities. I believe velop tribal environmental protection forcement responsibility for programs and projects established under this Act; and this bill which provides direct funding programs under the authority of the ‘‘(3) provide Indian tribes grant and con- to tribal governments can meet these Solid Waste Disposal Act. The bill will tract assistance to carry out functions of a needs and will work to ensure that enable Indian tribal governments to ef- State pursuant to this Act. even greater title XX funding is avail- fectively plan and develop a reserva- ‘‘(b) ENVIRONMENTAL PROTECTION AGENCY able to accommodate both tribal and tion specific approach to environ- REGULATIONS.— State governments.∑ mental protection in the same manner ‘‘(1) IN GENERAL.— that State environmental programs ‘‘(A) TREATMENT.—Not later than 18 By Mr. MCCAIN (for himself, Mr. have been encouraged to develop and months after the date of the enactment of INOUYE, Mr. CAMPBELL, Mr. plan. The Environmental Protection this section, the Administrator shall issue THOMAS, and Mrs. KASSEBAUM): Agency must provide consistent treat- final regulations that specify the manner in S. 286. A bill to amend the Solid ment to Indian tribal governments which Indian tribes shall be treated as States for the purposes of this Act. Waste Disposal Act to grant State sta- across all environmental media areas. tus to Indian tribes for purposes of the ‘‘(B) AUTHORIZATION.—Under the regula- This legislation will provide Indian tions issued by the Administrator, the treat- enforcement of such Act, and for other tribal governments with the tools nec- ment of an Indian tribe as a State shall be purposes; to the Committee on Indian essary to plan and develop sound envi- authorized only if— Affairs. ronmental policies and programs. I ‘‘(i) the Indian tribe has a governing body THE SOLID WASTE DISPOSAL ACT OF 1995 urge all our colleagues to join with us carrying out substantial governmental du- ∑ Mr. MCCAIN. Mr. President, I am to ensure prompt enactment of this ties and powers; pleased to introduce legislation to legislation. ‘‘(ii) the functions that the Indian tribe amend the Solid Waste Disposal Act to Mr. President, I ask unanimous con- will exercise pertain to land and resources authorize the Environmental Protec- sent that the full text of the bill and that are— tion Agency to treat Indian tribes as ‘‘(I) held by the Indian tribe, the United the accompanying section-by-section States in trust for the Indian tribe, or a States. I am very pleased to be joined analysis appear in the RECORD. member of the Indian tribe (if the property by my good friend, the distinguished There being no objection, the mate- interest is subject to a trust restriction on vice-chairman of the Committee on In- rial was ordered to be printed in the alienation); or dian Affairs, Senator INOUYE and Sen- RECORD, as follows: ‘‘(II) are otherwise within Indian country; ators CAMPBELL, KASSEBAUM, and S. 286 and ‘‘(iii) in the judgment of the Adminis- THOMAS as original cosponsors of this Be it enacted by the Senate and House of Rep- trator, the Indian tribe is reasonably ex- legislation. This legislation is similar resentatives of the United States of America in pected to be capable of carrying out the to provisions which have already been Congress assembled, functions to be exercised in a manner con- included in the Clean Air Act, the SECTION 1. AUTHORITY TO GRANT STATE STA- TUS TO INDIAN TRIBES FOR EN- sistent with the requirements of this Act (in- Clean Water Act, and the Safe Drink- cluding all applicable regulations). ing Water Act. These Federal environ- FORCEMENT OF SOLID WASTE DIS- POSAL ACT. ‘‘(2) EXCEPTIONS.— mental laws were all amended in the (a) DEFINITIONS.—Section 1004 of the Solid ‘‘(A) IN GENERAL.—If, with respect to a pro- 1980’s to provide for the treatment of Waste Disposal Act (42 U.S.C. 6903) is amend- vision of this Act, the Administrator deter- Indian tribes as States. ed— mines that the treatment of an Indian tribe Unfortunately, when we first began (1) in paragraph (13)(A), by striking ‘‘or au- in the same manner as a State is inappropri- enacting our national environmental thorized tribal organization or Alaska Na- ate, administratively infeasible, or otherwise laws we either neglected to include In- tive village or organization,’’; inconsistent with the purposes of this Act, dian tribal governments or included (2) in paragraph (15), by inserting after the Administrator may include in the regulations issued under this section a mecha- them as municipalities. This latter ‘‘State,’’ the following: ‘‘Indian tribe,’’; and (3) by adding at the end the following new nism by which the Administrator directly practice is completely inconsistent paragraphs: implements and carries out the provision in with our usual practice of maintaining ‘‘(42) The term ‘Indian country’ means— lieu of the Indian tribe. a direct government-to-government re- ‘‘(A) all land within the limits of any In- ‘‘(B) STATUTORY CONSTRUCTION.—Subject to lationship between the Federal and dian reservation under the jurisdiction of the subparagraph (C), nothing in this section is S 1626 CONGRESSIONAL RECORD — SENATE January 26, 1995 intended to permit an Indian tribe to assume the terms ‘‘Indian Country’’ and ‘‘Indian tion that would recognize the impor- or maintain primary enforcement respon- tribe’’. It also inserts the term ‘‘Indian tant role that tribal governments must sibility for programs established under this tribe’’ after ‘‘State’’ in paragraph (15) of sec- play in the enforcement of the Solid Act in a manner that is less protective of tion 1004 of the Act and deletes the phrase Waste Disposal Act on Indian lands. human health and the environment than the ‘‘or authorized tribal organization or Alaska manner in which a State may assume or Native village or organization,’’ from para- In the 103d Congress, I introduced maintain the responsibility. graph (13)(A) of the Act. similar legislation which would have ‘‘(C) CRIMINAL ENFORCEMENT.—An Indian Subsection (b) amends subtitle A of the amended the Solid Waste Disposal Act tribe shall not be required to exercise juris- Solid Waste Disposal Act by adding the fol- to grant a status equal to that of State diction over the enforcement of criminal lowing new section 1009 to the Act: governments to Indian tribal govern- penalties. ‘‘Section 1009 provides that the Adminis- ments. I am pleased that Chairman trator may treat an Indian tribe as a State ‘‘(c) COOPERATIVE AGREEMENTS.—In order MCCAIN has seized the initiative to for purposes of the Act and may delegate pri- to ensure the consistent implementation of again introduce this important legisla- the requirements of this Act, an Indian tribe mary enforcement authority to an Indian and each State in which the lands of the In- tribe for any programs and projects estab- tion and thereby continue the commit- dian tribe are located may, subject to review lished under this Act. It also provides that tee’s efforts to address an earlier over- and approval by the Administrator, enter the Administrator may provide grants and sight by the Congress in failing to in- into a cooperative agreement to coopera- contract assistance to an Indian tribe to clude Indian tribal governments in the tively plan and carry out the requirements carry out their responsibilities under the only remaining major environmental of this Act. Act. law which does not provide for the ‘‘(d) REPORT.—Not later than 2 years after Subsection (b) of Section 1009 requires the treatment of Indian tribes as States. Administrator to issue final regulations for the date of enactment of this section, the The Congress has attempted to im- Administrator, in cooperation with the Sec- the treatment of Indian tribes as States retary of the Interior, the Director of the In- under the Act within 18 months from the prove the environmental quality of dian Health Service, and Indian tribes, shall date of enactment of this section. These reg- lands within Indian country by enact- submit to Congress a report that includes— ulations shall provide that an Indian tribe ing provisions authorizing tribal gov- ‘‘(1) recommendations for addressing haz- may be treated as a State under the Act if ernments to assume primary respon- ardous and solid wastes and underground the Indian tribe has a governing body carry- sibility in certain circumstances for storage tanks within Indian country; ing out substantial governmental duties and implementing the full array of environ- ‘‘(2) methods to maximize the participa- powers, the functions to be carried out by mental laws, including the Clean Air the tribe pertain to trust lands or lands tion in, and administration of, programs es- Act, Safe Drinking Water Act and the tablished under this Act by Indian tribes; which are subject to a restriction on alien- ‘‘(3) an estimate of the amount of Federal ation, or are otherwise within Indian coun- Clean Water Act. assistance that will be required to carry out try, and in the judgment of the Adminis- This bill would simply extend the this section; and trator, the tribe is reasonably expected to be same status to tribal governments as ‘‘(4) a discussion of proposals by the Ad- capable of carrying out functions in a man- that which is recognized under these ministrator concerning the provision of as- ner consistent with the requirements of the other laws, by authorizing tribal gov- sistance to Indian tribes for the administra- Act. ernments to assume primary respon- tion of programs and projects pursuant to Subsection (b) also provides that if the Ad- sibility for programs under the Re- ministrator determines that the treatment this Act. source Conservation and Recovery Act. ‘‘(e) TRIBAL HAZARDOUS WASTE SITE INVEN- of an Indian tribe as a State is inappropriate, TORY.— administratively infeasible or otherwise in- This bill would also acknowledge and ‘‘(1) INVENTORY.—Not later than 2 years consistent with the purposes of this Act, affirm the inherent authority of Indian after the date of enactment of this section, then the Administrator may promulgate reg- tribes to regulate the development, op- the Administrator shall undertake a con- ulations to enable the Administrator to di- eration and maintenance of solid waste tinuing program to establish an inventory of rectly implement and carry out the Act in and other waste facilities on Indian sites within Indian country at which hazard- lieu of the Indian tribe. It also provides that lands consistent with the Environ- ous waste has been stored or disposed of. nothing in this section is intended to permit mental Protection Agency’s Indian pol- an Indian tribe to maintain primary enforce- ‘‘(2) CONTENTS OF INVENTORY.—The inven- icy and the overall Federal policy of tory shall include— ment responsibility in a manner less protec- ‘‘(A) the information required to be col- tive of human health and the environment Indian self-determination that arises lected by States pursuant to section 3012; than a State. An Indian tribe shall not be re- out of the United States’ Government- and quired to exercise jurisdiction over the en- to-Government relationship with the ‘‘(B) sites located at Federal facilities forcement of criminal penalties. Indian nations. within Indian country.’’. Subsection (c) of Section 1009 authorizes Further, this bill will eliminate any (c) TECHNICAL AMENDMENT.—The table of Indian tribes and States to enter into coop- confusion as to the authority of tribal contents for subtitle A of such Act (con- erative agreements subject to the review and governments to regulate environ- approval of the Administrator. tained in section 1001 of such Act (42 U.S.C. mental quality on Indian lands by prec. 6901)) is amended by adding at the end Subsection (d) of Section 1009 authorizes the following new item: the Administrator, in cooperation with the clarifying that tribal governments are Secretary of the Interior, the Director of the to be treated as States under the Re- ‘‘Sec. 1009. Indian tribes.’’. Indian Health Service, and Indian tribes, to source Conservation and Recovery Act submit a report to Congress not later than 2 SEC. 2. LEAKING UNDERGROUND STORAGE TANK in the same manner as they currently TRUST FUND. years after the date of enactment. The re- are treated under all other major envi- Section 9508(c)(1) of the Internal Revenue port shall include recommendations address- ronmental acts. Code of 1986 is amended— ing underground storage tanks and the dis- Mr. President, this is an important posal of hazardous and solid waste within In- (1) by striking ‘‘Except as provided’’ and bill. Indian tribal governments have inserting the following: dian country. Subsection (e) of Section 1009 requires the made it clear to the Committee on In- ‘‘(A) PURPOSES.—Except as provided’’; and dian Affairs that this legislation is of (2) by adding at the end the following new Administrator to conduct an inventory of subparagraph: hazardous waste sites within Indian country critical importance and concern. I call not later than 2 years after the date of en- ‘‘(B) SET ASIDE FOR INDIAN TRIBES.—Not- upon my fellow colleagues to give this withstanding any other provision of law, for actment. The inventory shall include infor- measure their careful review and favor- each of fiscal years 1996 through 2000, the mation required pursuant to section 3012 of able consideration. I look forward to the Act and sites located at Federal facili- Secretary shall reserve an amount equal to working with Chairman MCCAIN to en- ties within Indian country.’’ not less than 3 percent of the amounts made sure passage of this measure in the SECTION TWO available to States pursuant to subparagraph 104th Congress.∑ (A). Such amount shall be used only by In- Section 2 amends Section 9508(c)(1) of the dian tribes (as defined in section 1004(43) of Internal Revenue Code of 1986 to include a the Solid Waste Disposal Act) to carry out three (3) percent set aside in the Leaking Un- By Mrs. HUTCHISON (for herself, the purposes referred to in subparagraph derground Storage Tank Trust Fund for In- Ms. MIKULSKI, Mr. ABRAHAM, (A).’’. dian tribes to carry out the purposes referred Mr. ASHCROFT, Mr. BENNETT, to in subparagraph (A) of the Act.∑ Mr. BOND, Mr. BROWN, Mr. SECTION-BY-SECTION ANALYSIS ∑ Mr. INOUYE. Mr. President, I am BURNS, Mr. COATS, Mr. COCH- SECTION ONE pleased to join the new chairman of the RAN, Mr. COHEN, Mr. Section 1 amends section 1004 of the Solid Committee on Indian Affairs, Senator COVERDELL, Mr. CRAIG, Mr. Waste Disposal Act to include definitions for JOHN MCCAIN, as a cosponsor of legisla- D’AMATO, Mr. DEWINE, Mr. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1627

DOLE, Mr. DOMENICI, Mr. countries, we have the lowest savings FAMILY RESEARCH COUNCIL, FAIRCLOTH, Mr. FRIST, Mr. GOR- rate. If we would save more, we would Washington, DC, January 26, 1995. TON, Mr. GRAMM, Mr. GRAMS, have more capital investments, which Hon. KAY BAILEY HUTCHISON, U.S. Senate, Washington, DC. Mr. GRASSLEY, Mr. GREGG, Mr. would create more jobs. Dear SENATOR HUTCHISON: Thank you for HATCH, Mr. HATFIELD, Mr. I do not see how anyone could oppose your leadership in sponsoring legislation to HELMS, Mr. INHOFE, Mrs. KASSE- this bill. But it is very important that amend the Internal Revenue Code of 1986 to BAUM, Mr. KEMPTHORNE, Mr. we push for its enactment. S. 287 will allow homemakers to get a full IRA deduc- KYL, Mr. JEFFORDS, Mr. LOTT, give more retirement security to as tion. Mr. MACK, Mr. MCCAIN, Mr. many as 16 million Americans who are American families today face a multitude of challenges and pressures as they struggle MCCONNELL, Mr. MURKOWSKI, treated unfairly, and it will not really Mr. NICKLES, Mr. PRESSLER, Mr. to keep their family life protected and in- cost the Government anything. ROTH, Mr. SANTORUM, Mr. SHEL- tact. ‘‘Family time’’ is a precious commod- There is a $267 million price tag over ity and many parents are opting for one BY, Mr. SIMPSON, Mr. SMITH, a 5-year period, which is a little bit spouse to stay at home, realizing that time Ms. SNOWE, Mr. STEVENS, Mr. over $50 million a year. But don’t think with their children is short and children are CRAIG THOMAS, Mr. THOMPSON, the bill will actually reduce revenues. I adults before they realize it. We think it is Mr. THURMOND, Mr. WARNER, important to ensure these parents are not Mr. BREAUX, Mrs. FEINSTEIN, think it is going to increase revenues penalized by the tax code. Your bill is a Mr. JOHNSTON, Mr. MOYNIHAN, because if we have more capital forma- major step in the right direction. Mrs. MURRAY, Mr. REID, Ms. tion and create more jobs, revenue will One area of concern is the issue of the MOSELEY-BRAUN, and Mr. increase. present income ceiling of $50,000 which al- SIMON): Mr. President, I hope we will have lows IRA deductions to benefit one-income S. 287. A bill to amend the Internal swift action on S. 287 because I do not or two-income families within this category. want one more year to pass in this FRC believes that this ceiling should be lift- Revenue Code of 1986 to allow home- ed or increased because it encourages savings makers to get a full IRA deduction; to country without the right of our home- among some families, but discourages others the Committee on Finance. makers to start the retirement savings who desire to save for the future. IRA EQUITY LEGISLATION that will accrue to their benefit and to FRC supports a ‘‘level playing field’’ of eq- Mrs. HUTCHISON. the benefit of their families. uity between those women who work in the Mrs. HUTCHISON. Mr. President, I Mr. President, I ask unanimous con- marketplace and those who work at home. By eliminating the existing inequity and by rise today along with Senator MIKUL- sent that letters from the Family Re- raising or lifting the income threshold, law- SKI and 55 other cosponsors to intro- search Council, the Christian Coali- makers would establish support for family duce a bill, S. 287, that will allow the tion, the American Association of Uni- savings, increase the pool of women who will homemakers of this country to make versity Women, and the National Wom- benefit from IRA savings and deductions and fair, fully deductible individual retire- en’s Political Caucus in support of IRA end the existing discrimination. ment account contributions. This bill equity be printed in the RECORD. We support your efforts and look forward will allow equal IRA contributions by There being no objection, the letters to working with you and your colleagues on this important issue. Americans who work at home—women were ordered to be printed in the and a growing number of men who have Sincerely, RECORD as follows: suffered unfairly under our out-of-date GARY L. BAUER, President. section of the Tax Code. CHRISTIAN COALITION, CAPITOL HILL OFFICE, Under the current IRA rules, single- January 26, 1995 AMERICAN ASSOCIATION OF income married couples are limited to Hon. KAY BAILEY HUTCHISON, UNIVERSITY WOMEN, deductible IRA contributions of $2,250 a U.S. Senate, Washington, DC. Washington, DC, December 15, 1994. year—$2,000 for the working spouse and Dear SENATOR HUTCHISON: On behalf of the Hon. KAY BAILEY HUTCHISON, $250 for the homemaker. But if both 1.5 million members and supporters of the U.S. Senate, Washington, DC. spouses in a household work outside Christian Coalition, we wish to express our DEAR SENATOR HUTCHISON: On behalf of the the home, each is permitted to contrib- strong support for the Individual Retirement 150,000 members of the American Association ute up to $2,000 annually to an IRA. Account Equity Bill that you and Senator of University Women, we support your effort That is a combined contribution of Mikulski have introduced. to economically empower non-working $4,000. This legislation corrects the tax code’s in- women. AAUW supports the Hutchison/Mi- equitable treatment of retirement income of kulski legislation, S. 1669. Under current law, a single-income AAUW believes that women must have the married couple saving $2,250 each year women and men who work inside the home. Currently, the tax code allows two spouses same opportunities as men to protect their for 30 years will have $188,000 for retire- who work outside the home to put more personal finances. The current law governing ment at 6 percent interest. If that cou- money into an Individual Retirement Ac- IRAs discriminates against women by limit- ple, Mr. President, is permitted to save count than is allowed for a couple where one ing an unsalaried married woman’s deduct- $4,000 a year, after 30 years they will spouse is a homemaker. The IRA Equity Bill ible IRA contribution to $250, while allowing her husband a deductible contribution of have $335,000, an increase in savings of will permit deductible IRA contributions of $2,000. Current law specifically penalizes $150,000. up to $2,000 by spouses who work inside the unsalaried women who may work in family home. If enacted, single-income couples Now, Mr. President, I think it is ob- businesses or who have chosen to stay at would have the opportunity to save $4,000 a vious that work inside the home is home. It also assumes that unsalaried year towards retirement. every bit as important to our society women will remain married and will con- as the work done outside the home. I Today, America suffers from a ‘‘family tinue to have access to their husbands’ fi- do not think the homemakers who time famine’ because parents are unable to nances. Current law does not account for the spend time with their children. We should choose to stay home and raise children 500,000 marriages that end in divorce each work to make tax policy more ‘‘family year, leaving men with their accumulated should have the added disadvantage of friendly’’ to enable parents to attend to the retiring with less retirement security. deductible IRA contribution and women with needs of their children. The IRA Equity Bill a possible loss of $500,000 or more in retire- I do not think that this is fair. That is an important step in the direction of this ment income. Permitting a $2,000 deductible is why 57 Members of the U.S. Senate objective. Furthermore, this would be an im- IRA contribution for all women will give have signed on to a bill that will cor- portant deletion of just one of the many mar- women the means to protect their futures. rect this inequity. It is very important riage penalties found throughout our tax We appreciate your concern for women’s fi- that we say to every working Amer- code. We applaud your leadership on behalf nancial independence and we look forward to ican, whether your work is inside the of tax fairness for America’s families. working with you in the 104th Congress. home or outside the home, that we Sincerely, Should you or your staff have any questions, MARSHALL WITTMANN, want you to have an incentive to save. please contact Nancy Zirkin, director of gov- Director, Legislative ernment relations in the Program and Policy Not only is it the right thing to do, it Affairs. Department at (202) 785–7720. is also going to help build capital for- HEIDI SCANLON, Sincerely, mation. It will help us give incentives Director, Govern- JACKIE DEFAZIO, for savings. Of all the industrialized mental Affairs. President. S 1628 CONGRESSIONAL RECORD — SENATE January 26, 1995 NATIONAL WOMEN’S POLITICAL CAUCUS, home or what is done as volunteer bers of Congress and other top Govern- December 2, 1994. work. ment officials. Hon. KAY BAILEY HUTCHISON, I happen to believe that one of the On Monday, the Supreme Court, for U.S. Senate, Washington, DC. most important areas of productivity the second time in less than 4 years, DEAR SENATOR: On behalf of the National Women’s Political Caucus, I’m pleased to is the work that goes on in the home. ruled that Congress had exceeded its commit our support for IRA Equity legisla- The current rules of government do authority by exercising veto power tion. not support this. We see this in the over key decisions at National and Dul- As you know, NWPC joined this effort rules governing pension plans. And we les airports. In fact, National and Dul- early on because our grassroots members continue to see inequity for women in les airports are the only two airports recognize the cost to society when we fail to the workplace in many ways, like out of nearly 600 with commercial serv- properly value the contribution of women at bringing home smaller paychecks. ice that are under Federal supervision. home. This is important pro-family legisla- On June 7, 1987, Washington Dulles Too many women have been left impover- tion. It truly acknowledges the value International and Washington National ished in their older years. One reason is their inability to make use of a retirement ac- of the family. It gives help to those Airports were transferred from the count like IRA that is available to those who who practice self-help. And it builds Federal Aviation Administration are considered salaried. strong communities. [FAA] to the Airports Authority under We appreciate your leadership in the effort It also acknowledges the pattern of a 50-year lease authorized by the Met- to correct this situation and will alert our women as they work in and out of the ropolitan Washington Airports Act of membership to support the legislation. marketplace. Many women do not have 1986. All property was transferred to Sincerely, linear careers, with glittering resumes, the Airports Authority and the Federal HARRIETT WOODS, tickets being punched and revolving Government holds title to the lease. President. rolodexes that take them on the path Prior to the transfer, the airports were ∑ Ms. MIKULSKI. Mr. President, I am to glory. owned and operated by the Federal delighted to work on a bipartisan basis Most women do the ordinary with en- Aviation Administration in the U.S. with Senator HUTCHISON again to pass thusiasm, whether its raising their Department of Transportation. Pursu- IRA equity legislation. family or raising the productivity of ant to its lease with the Federal Gov- Work is work, whether it is done in- the private sector in the marketplace. ernment, the Board of Review as estab- side the home or outside the home. And But because they work, and have their lished. we should reward work. With this legis- children, and return to the market- Congress created the Board and gave lation we do. place, often their pension plans are it the power to operate ‘‘outside the or- I like this legislation because it re- spotty, erratic, and most often, dinary legislative process,’’ to both flects our values; it gives help to those skimpy. make the laws and control how those who practice self-help. That is not a recipe for a relaxing re- laws are implemented in regard to Na- It acknowledges the value of mother- tirement, but a plan for poverty. tional and Dulles Airports, in effect, hood and it acknowledges that work Passing this legislation not only of- eliminating the powers of the Execu- done in the home is important to fers a measure of fairness and hope, it tive office. Congress also created a American society. Not all work is done just makes good sense. It boosts our mechanism for thumbing its nose at in the marketplace. A substantial national savings, helps women have the the courts, rendering the Airport Au- amount of the most important work of opportunity for a comfortable retire- thority impotent if the Board were America goes on in the home. ment, and strengthens our commit- ever declared unconstitutional, effec- This legislation will provide the ment to family values. tively, eliminating the powers of the same IRA tax deduction to stay-at- I support this legislation because I judiciary. home moms and dads as is available want to put our values into pragmatic The D.C. Circuit Court also recog- now to those who earn an income. public policy, and I am pleased to join nized the potential for abuse of the Current law allows workers to set with my colleagues on a bipartisan Board of Review. The court said this aside up to $2,000 a year in an IRA—but basis to reward hard-working Ameri- statutory scheme provides Congress only if they get an income. So two-in- cans. with ‘‘a blueprint for expanding legisla- come couples can contribute $4,000. I will continue to fight for passage of tive power beyond its constitutionally- But one-earner couples, where one IRA equity because it’s time Congress confined role in virtually every aspect spouse stays home to raise the kids, puts the law where our values are.∑ of our national policy.’’ well, the best they can contribute to In the past, Congress tried to get their IRA each year is $2,250. By Mr. MCCAIN (for himself, Mr. around the court’s objections by fid- Our IRA equity bill says every couple WARNER, and Mr. ROBB): dling with the details of the act. Those gets the full $4,000 contribution. Pe- S. 288. A bill to abolish the Board of half measures have failed to resolve riod. Review of the Metropolitan Washing- the constitutional questions. Eliminat- Motherhood has always been impor- ton Airports Authority, and for other ing the Board will eliminate this un- tant. Today we’re seeing it’s absolutely purposes; to the Committee on Com- constitutional problem completely. important. merce, Science, and Transportation. The Supreme Court’s ruling sup- I believe that when we say honor METROPOLITAN WASHINGTON AIRPORTS ported three previous rulings that such your father and your mother it should AUTHORITY LEGISLATION oversight violates the constitutional not only be a commandment, but a ∑ Mr. MCCAIN. Mr. President, I intro- separation of powers doctrine. The fact public policy. The law should be clear duce legislation on National and Dulles that Congress has continued its direct that mom and dad will not only be re- Airports which will abolish several of oversight in this matter, with only warded now, but in the future, in their the most egregious examples of Con- minor changes, displays again the lack retirement years. gressional interference in the highly of regard that the Congress continues For someone whose work is as a full- competitive, deregulated airline indus- to hold for the people who have sent time mom, it is not only an occupa- try. This legislation, which I am intro- them to Washington to represent them. tion, it is a preoccupation. ducing with my colleagues Senator As it stands now, due to the Supreme When we are talking about produc- JOHN WARNER and Senator CHUCK Court’s ruling, the Airports Authority tivity in the workplace we need to re- ROBB, would: abolish the Metropolitan can take no actions which require member that the work of mothers Washington Airports Authority Board of Review submittal. Not only is today is preparing America’s workers [MWAA] Board of Review; eliminate the Airports Authority unconstitu- and leaders of tomorrow. the perimeter rule at National Air- tional because it violates the separa- Often in our society we do not count port—this law imposes a 1,250-mile lim- tion of powers principles, it also vio- what counts. We look at the gross do- itation on air travelers from which no lates the appointments clause of the mestic product, we look at what is nonstop flight between National and U.S. Constitution. done in the marketplace, but what is another airport is allowed—and, elimi- Under the appointments clause, only not counted is what is done in the nate reserved parking spaces for Mem- the President is authorized to appoint January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1629 principal officers of the United States, lions of dollars of taxpayer funds each portation. Pursuant to its lease with with the advice and consent of the Sen- year. Instead of raising the substantial the Federal Government, the Board of ate. The power to appoint non-prin- amounts of revenue that could allevi- Review was established. cipal officers is vested solely in the ate some of the need for more taxpayer This past Monday, the United States President. The Board of Review vio- dollars, the Airports Authority is ap- Supreme Court ruled for the second lates this clause, where the Airports parently content to preserve the unsat- time in less than four years that the Authority selects the members from isfactory status quo. Congress has exceeded its authority by lists provided by the Speaker of the Finally, Mr. President this legisla- exercising veto power over key deci- House of Representatives and the tion strikes the provision in law which sions at Washington National and Dul- President pro tempore of the Senate. imposes on National Airport the only les International Airports. This legislation would also prohibit federally enforced perimeter rule which Mr. President, prompt enactment of the Airports Authority from providing restricts the public’s right to travel. In this legislation is critical to prevent reserved parking spaces free-of-charge 1986, when discussions were underway the improvements underway at Wash- to Members of Congress and other gov- to transfer National and Dulles Air- ington National and Dulles from com- ernment officials at National Airport ports from the Federal Government to ing to an abrupt halt. and Dulles Airport. This amendment the Airports Authority, the Congress In 1985, I served on a Commission ap- states that a new parking policy should overstepped its authority by prohibit- pointed by Secretary of Transportation be established at National and Dulles ing non-stop flights between Washing- Elizabeth Dole to make recommenda- Airports that provides equal access to ton National Airport and any other air- tions of how to manage the moderniza- the public, and does not accord pref- port that is more than 1,250 miles tion of the airports of the National erential parking privileges to Members away. Congress wrote the legislation so Capital. The Commission was known as of Congress and other government offi- that Dulles Airport would become a the Holton Commission after the cials. successful air transportation hub for Chairman Linwood Holton, former The time has come ending our exclu- longer-range air traffic and not have to Governor of Virginia. Upon my rec- sive use of prime parking spaces at compete for air carrier service at Na- ommendation, the Holton Commission Washington’s two airports. This exclu- tional. adopted the so-called Warner plan for a sive parking privilege for Members of Such a construct is at odds with the review board to oversee the activities Congress is unfair and unjustified. fundamental principals of airline of the airport authority. Under the Providing exclusive parking spaces deregulations. The guiding principles Warner plan, no Member of Congress to members of Congress completely of the Deregulation Act were that the would have served on the Review free of charge carries with it a consid- market place would decide demand. Board. erable cost to the Airports Authority This is yet another example of wrong- The recommendations of the Holton itself. At National and Dulles, the ful Federal Government interference in Commission resulted in the enactment parking spaces that are reserved for the marketplace. No airport should of legislation to lease Washington Na- Members of Congress are located very have service restrictions imposed on it. tional and Washington Dulles Inter- close to the terminals. These spaces With airline deregulation and a mar- national Airports to a newly created are equivalent to the short term spaces ket-based economy, service patterns agency, the Metropolitan Washington that cost our constituents up to $26 per should be dictated by demand within Airports Authority. The Authority was day to use. There are approximately the confines of technology. No Govern- jointly created by the Commonwealth 124 parking spaces reserved for Mem- ment should interfere with the market- of Virginia and the District of Colum- bers of Congress and other top govern- place on pure economic matters. Artifi- bia to finance the reconstruction of Na- ment officials at National Airport, and cial limits imposed by the Congress on tional and the expansion of Dulles. 51 reserved congressional spaces at an airport which are anticompetitive Unfortunately, the Congress refused Dulles. in nature have no place in a deregu- to go along with the Warner plan for If the 124 spaces at National were lated industry. the Review Board. If it had, we would opened to the public and fully utilized Mr. President, this legislation is a not be back here today introducing at the current rates charged to our clear step to abolishing unnecessary this legislation. constituents, they would garner over perks and ending nearly 10 years of un- At the time the 1986 legislation was $1,175,000 a year in revenues. If the con- constitutional congressional review debated some in Congress opposed the gressional lot at Dulles was opened to and oversight. I intend to examine the airport transfer on the basis that a the public and utilized to capacity, it Airports Authority’s policies at Na- local airport authority—particularly a would generate $484,000 a year in new tional and Dulles Airports in Aviation brandnew one—might unduly favor revenues. This means that over $1.6 Subcommittee hearings. For those peo- local interests over the interests of air- million in potential parking revenues ple who do not understand my motiva- port users. The Act, therefore, required to the Airports Authority is being lost tion let me make my intentions per- a Board of Review, made up of Senators each year because choice lots are being fectly clear, National and Dulles Air- and Members of Congress, that could unjustly cordoned off to the public. ports are not congressional airports, veto decisions of the new Authority’s Just today, Mr. Charles Barclay, nor should they be.∑ Board of Directors. president of the American Association ∑ Mr. WARNER. Mr. President, I join Mr. President, if this legislation is of Airport Executives met with me. For my colleagues Senators MCCAIN and promptly approved by the Congress, those of you who may not remember, ROBB in introducing legislation to the Washington Metropolitan Airports Chuck Barclay was one of the members abolish the Board of Review of the Met- Authority will be allowed to move for- on President Clinton’s National Airline ropolitan Washington Airports Author- ward with its projects to improve the Commission—a Commission charged ity. facilities of both airports. with making recommendations to en- On June 7, 1987, Washington Dulles Mr. President, I am confidant that sure a better more competitive avia- International Airport and Washington passage of this legislation will result in tion industry. Chuck Barclay expressed National Airport were transferred to two modern airports that will serve the to me his strong concern regarding the the Airports Authority under a 50-year Nation’s Capital efficiently.∑ future of Airport grant funding in the lease authorized by the Metropolitan ∑ Mr. ROBB. Mr. President, I am appropriations process this fiscal year Washington Airports Act of 1986, title pleased to join Senator MCCAIN in in- and his equally strong concern for the VI of Public Law 99–500. All property troducing legislation removing con- future of airport modernization in an was transferred to the Airports Author- gressional oversight from the oper- atmosphere of dwindling resources. ity and the Federal Government holds ations at Washington National and Mr. President, the loss of revenues title to the lease. Prior to the transfer, Dulles Airports. caused by the Congressional parking the airports were owned and operated The Metropolitan Washington Air- park is occurring at a time when the by the Federal Aviation Administra- ports Authority has consistently shown Airports Authority is receiving mil- tion in the U.S. Department of Trans- the skill and expertise necessary to run S 1630 CONGRESSIONAL RECORD — SENATE January 26, 1995 Dulles and National Airports. The Air- dollar earned by a man. While this ADDITIONAL COSPONSORS ports Authority has been able to han- wage gap has narrowed over the past 10 S. 8 dle the increased volume of passengers years, it remains unacceptable. At the request of Mr. DASCHLE, the at both facilities with a minimum of Sex discrimination continues to per- name of the Senator from Colorado inconvenience to passengers and to meate many areas of the economy. Al- [Mr. CAMPBELL] was added as a cospon- residents of the area. though women with college degrees sor of S. 8, a bill to amend title IV of Currently, the Airports Authority is have made significant advances in the Social Security Act to reduce teen- supervising the expansion of facilities many professional and managerial oc- age pregnancy, to encourage parental at National Airport, and the work is cupations in recent years, most women responsibility, and for other purposes. progressing well. However, if this legis- are still clustered in a narrow range of lation is not enacted soon, work will S. 12 traditionally female, traditionally low- At the request of Mr. BREAUX, the have to cease on the expansion due to paying occupations, such as clerical a recent Supreme Court holding. The name of the Senator from Hawaii [Mr. jobs, waitressing, retail sales, nursing, INOUYE] was added as a cosponsor of S. Supreme Court has upheld a lower child care, and elementary school court ruling that the Congressional 12, a bill to amend the Internal Reve- teaching. oversight panel violates the Constitu- nue Code of 1986 to encourage savings Female-headed households continue tional separation of legislative and ex- and investment through individual re- to dominate the bottom rungs of the ecutive powers. The decision indicated tirement accounts, and for other pur- that either the Airports Authority or economic ladder. Poverty rates are poses. Congress must have sole jurisdiction higher at every age for women who live S. 45 over operations at the airports. alone or with non-relatives than for At the request of Mr. FEINGOLD, the This legislation removes the Federal their male counterparts. And when a name of the Senator from Arkansas Government from what should be a family with children is headed by a [Mr. BUMPERS] was added as a cospon- local decisionmaking process, and I woman, the likelihood is high that the sor of S. 45, a bill to amend the Helium urge quick consideration and passage family is living in poverty; in 1991, 47% Act to require the Secretary of the In- of this measure.∑ of all families headed by single moth- terior to sell Federal real and personal ers lived below the poverty line. This property held in connection with ac- By Mr. KENNEDY (for himself, dismal situation is getting worse in- tivities carried out under the Helium Mr. AKAKA, Mr. BAUCUS, Mr. stead of better. Act, and for other purposes. BINGAMAN, Mrs. BOXER, Mr. Plainly, much remains to be done to S. 111 BRADLEY, Mr. CAMPBELL, Mr. secure equal opportunity for women. At the request of Mr. DASCHLE, the CHAFEE, Mr. COHEN, Mr. Enactment of the equal rights amend- name of the Senator from Nevada [Mr. DASCHLE, Mr. DODD, Mr. DOR- ment alone will not undo generations BRYAN] was added as a cosponsor of S. GAN, Mr. FEINGOLD, Mrs. FEIN- of economic injustice, but it will en- 111, a bill to amend the Internal Reve- STEIN, Mr. GLENN, Mr. HARKIN, courage women in all parts of the coun- nue Code of 1986 to make permanent, Mr. HATFIELD, Mr. HOLLINGS, try in their efforts to obtain redress and to increase to 100 percent, the de- Mr. INOUYE, Mr. JEFFORDS, Mr. under the nation’s laws and in the duction of self-employed individuals JOHNSTON, Mrs. KASSEBAUM, courts. for health insurance costs. Mr. KERRY, Mr. LAUTENBERG, We know from the ratification expe- S. 170 Mr. LEAHY, Mr. LIEBERMAN, Ms. rience of the 1970’s and early 1980’s that At the request of Mr. DASCHLE, the MIKULSKI, Ms. MOSELEY-BRAUN, the road to adoption of the ERA will names of the Senator from Washington Mr. MOYNIHAN, Mrs. MURRAY, not be easy. But the extraordinary im- [Mrs. MURRAY] and the Senator from Mr. PACKWOOD, Mr. PELL, Mr. portance of the effort requires us to Rhode Island [Mr. CHAFEE] were added ROBB, Mr. ROCKEFELLER, Mr. persevere. as cosponsors of S. 170, a bill to amend SARBANES, Mr. SIMON, Ms. Mr. President, I ask unanimous con- the Public Health Service Act to pro- SNOWE, Mr. SPECTER, and Mr. vide a comprehensive program for the WELLSTONE): sent that the text of the joint resolu- prevention of Fetal Alcohol Syndrome, S.J. Res. 25. A joint resolution pro- tion may be printed in the RECORD. and for other purposes. posing an amendment to the Constitu- There being no objection, the joint tion of the United States relative to resolution ordered to be printed in the S. 171 equal rights for women and men; to the RECORD, as follows: At the request of Mr. DASCHLE, the Committee on the Judiciary. Resolved by the Senate and House of Rep- name of the Senator from Rhode Island HAFEE EQUAL RIGHTS AMENDMENT resentatives of the United States of America in [Mr. C ] was added as a cosponsor Congress assembled (two-thirds of each House of S. 171, a bill to amend title XIX of Mr. KENNEDY. Mr. President, it is concurring therein), That the following article the Social Security Act to provide for an honor to introduce the Equal Rights is proposed as an amendment to the Con- coverage of alcoholism and drug de- Amendment in the new Congress, on stitution of the United States, which shall be pendency residential treatment serv- behalf of myself and thirty-eight other valid to all intents and purposes as part of ices for pregnant women and certain Senators. In doing so, we reaffirm our the Constitution when ratified by the legis- family members under the medicaid strong commitment to making the latures of three-fourths of the several States: program, and for other purposes. ERA part of the Constitution of the United States. S.J. RES. 25 S. 205 Ratification of the ERA is essential Resolved by the Senate and House of Rep- At the request of Mrs. BOXER, the to ensure equality for women in the resentatives of the United States of America in name of the Senator from New Jersey law and the life of our land. Existing Congress assembled (two-thirds of each House [Mr. BRADLEY] was added as a cospon- concurring therein), That the following article sor of S. 205, a bill to amend title 37, statutory prohibitions against sex dis- is proposed as an amendment to the Con- crimination have failed to give women United States Code, to revise and ex- stitution of the United States, which shall be pand the prohibition on accrual of pay basic educational and employment op- valid to all intents and purposes as part of portunities equal to those available to the Constitution when ratified by the legis- and allowances by members of the men in our society. The need for a Con- latures of three-fourths of the several States: Armed Forces who are confined pend- stitutional guarantee of equal rights ing dishonorable discharge. ‘‘ARTICLE — for all citizens thus remains compel- S. 219 ling. ‘‘SECTION 1. Equality of rights under the At the request of Mr. NICKLES, the In the absence of the ERA, too little law shall not be denied or abridged by the name of the Senator from New York United States or by any State on account of change has occurred on women’s [Mr. D’AMATO] was added as a cospon- sex. rights, especially in the area of eco- sor of S. 219, a bill to ensure economy ‘‘SEC. 2. The Congress shall have the power nomic opportunity. An unconscionable to enforce, by appropriate legislation, the and efficiency of Federal Government gap between the earnings of men and provisions of this article. operations by establishing a morato- women persists in the workforce. In ‘‘SEC. 3. This amendment shall take effect rium on regulatory rulemaking ac- 1993, women earned 71 cents for every two years after the date of ratification.’’. tions, and for other purposes. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1631

S. 239 ware [Mr. BIDEN], the Senator from under Federal statutes and regulations; At the request of Mr. SHELBY, the New Mexico [Mr. DOMENICI], the Sen- and for other purposes. name of the Senator from Mississippi ator from Colorado [Mr. BROWN], the f [Mr. COCHRAN] was added as a cospon- Senator from Utah [Mr. HATCH], the sor of S. 239, a bill to require certain Senator from Idaho [Mr. CRAIG], the SENATE RESOLUTION 74—COM- Federal agencies to protect the right of Senator from Rhode Island [Mr. MEMORATING THE FIFTIETH AN- private property owners, and for other CHAFEE], the Senator from Virginia NIVERSARY OF THE LIBERATION purposes. [Mr. ROBB], the Senator from North OF THE AUSCHWITZ DEATH S. 275 Dakota [Mr. CONRAD], the Senator from CAMP IN POLAND At the request of Mr. GRASSLEY, the Maryland [Ms. MIKULSKI], the Senator Mr. BRADLEY (for himself, Mr. names of the Senator from Utah [Mr. from Illinois [Mr. SIMON], the Senator D’AMATO, Mr. DOLE, Mr. DASCHLE, Mr. HATCH], the Senator from Utah [Mr. from New York [Mr. D’AMATO], the PELL, Mr. HELMS, Mr. SPECTER, Mr. BENNETT], the Senator from Wyoming Senator from Michigan [Mr. LEVIN], LAUTENBERG, Mr. FEINGOLD, Mr. HAR- [Mr. THOMAS], and the Senator from the Senator from Virginia [Mr. WAR- KIN, Mr. BAUCUS, and Ms. MIKULSKI) Idaho [Mr. CRAIG] were added as co- NER], the Senator from Alaska [Mr. submitted the following resolution; sponsors of S. 275, a bill to establish a MURKOWSKI], the Senator from Texas which was considered and agreed to. temporary moratorium on the Inter- [Mrs. HUTCHISON], the Senator from S. RES. 74 agency Memorandum of Agreement Massachusetts [Mr. KENNEDY], the Sen- Concerning Wetlands Determinations Whereas on January 27, 1945, the Auschwitz ator from Alaska [Mr. STEVENS], and extermination camp in Poland was liberated until enactment of a law that is the the Senator from New Jersey [Mr. by Allied Forces after almost five years of successor to the Food, Agriculture, BRADLEY] were added as cosponsors of murder, rape, and torture; Conservation, and Trade Act of 1990, Senate Resolution 37, a resolution des- Whereas more than one million innocent and for other purposes. ignating February 2, 1995, and February civilians were murdered at Auschwitz alone; SENATE JOINT RESOLUTION 17 1, 1996, as ‘‘National Women and Girls Whereas Auschwitz symbolizes the brutal- At the request of Mr. KEMPTHORNE, in Sports Day.’’ ity of the Holocaust; the name of the Senator from Texas Whereas Americans must ‘‘never forget’’ AMENDMENT NO. 184 this terrible crime against humanity and [Mr. GRAMM] was added as a cosponsor must educate the generations to come so as of Senate Joint Resolution 17, a joint At the request of Mr. GRAHAM the names of the Senator from Florida [Mr. to promote the understanding of the dangers resolution naming the CVN–76 aircraft of intolerance in order to prevent similar in- MACK], the Senator from California carrier as the U.S.S. Ronald Reagan. justices from happening ever again; and [Mrs. BOXER], the Senator from Nevada SENATE JOINT RESOLUTION 23 Whereas commemoration of the liberation [Mr. BRYAN], the Senator from Nevada At the request of Mr. MCCONNELL, of Auschwitz will instill in all Americans a [Mr. REID], the Senator from Arizona the name of the Senator from Nevada greater awareness of the Holocaust; Now, [Mr. MCCAIN], the Senator from Ari- therefore, be it [Mr. REID] was added as a cosponsor of zona [Mr. KYL], the Senator from Texas Resolved, That the Senate hereby— Senate Joint Resolution 23, a joint res- (1) commemorates January 27, 1995, as the olution proposing an amendment to the [Mrs. HUTCHISON], the Senator from Idaho [Mr. KEMPTHORNE], the Senator fiftieth anniversary of the liberation of the Constitution of the United States to Auschwitz death camp by Allied Forces in from New York [Mr. D’AMATO], and the repeal the twenty-second amendment the Second World War; and relating to Presidential term limita- Senator from California [Mrs. FEIN- (2) calls upon all Americans to remember tions. STEIN] were added as cosponsors of the more than one million innocent victims amendment No. 184 proposed to S. 1, a who were murdered at Auschwitz as part of SENATE RESOLUTION 37 bill to curb the practice of imposing the Holocaust. At the request of Mr. PACKWOOD, the unfunded Federal mandates on States f names of the Senator from Nevada [Mr. and local governments; to strengthen BRYAN], the Senator from Colorado the partnership between the Federal AMENDMENTS SUBMITTED [Mr. CAMPBELL], the Senator from Government and State, local and tribal South Carolina [Mr. HOLLINGS], the governments; to end the imposition, in Senator from Louisiana [Mr. JOHN- the absence of full consideration by THE UNFUNDED MANDATE STON], the Senator from California Congress, of Federal mandates on REFORM ACT OF 1995 [Mrs. BOXER], the Senator from Con- State, local, and tribal governments necticut [Mr. LIEBERMAN], the Senator without adequate funding, in a manner from New Mexico [Mr. BINGAMAN], the that may displace other essential gov- BOXER AMENDMENT NO. 223 Senator from Delaware [Mr. ROTH], the ernmental priorities; and to ensure Mrs. BOXER proposed an amendment Senator from Washington [Mr. GOR- that the Federal Government pays the to amendment No. 201 proposed by her TON], the Senator from North Carolina costs incurred by those governments in to the bill (S. 1) to curb the practice of [Mr. FAIRCLOTH], the Senator from Wy- complying with certain requirements imposing unfunded Federal mandates oming Mr. [THOMAS], the Senator from under Federal statutes and regulations; on States and local governments; to Iowa [Mr. GRASSLEY], the Senator from and for other purposes. strengthen the partnership between the Tennessee [Mr. FRIST], the Senator Federal Government and State, local from Vermont [Mr. JEFFORDS], the Sen- AMENDMENT NO. 204 and tribal governments; to end the im- ator from Missouri [Mr. ASHCROFT], the At the request of Mr. WELLSTONE the position, in the absence of full consid- Senator from Michigan [Mr. ABRAHAM], name of the Senator from California eration by Congress, of Federal man- the Senator from Kentucky [Mr. FORD], [Mrs. BOXER] was added as a cosponsor dates on State, local, and tribal gov- the Senator from Idaho [Mr. of amendment No. 204 proposed to S. 1, ernments without adequate funding, in KEMPTHORNE], the Senator from Louisi- a bill to curb the practice of imposing a manner that may displace other es- ana [Mr. BREAUX], the Senator from unfunded Federal mandates on States sential governmental priorities; and to South Dakota [Mr. PRESSLER], the Sen- and local governments; to strengthen ensure that the Federal Government ator from Oklahoma [Mr. INHOFE], the the partnership between the Federal pays the costs incurred by those gov- Senator from Georgia [Mr. COVERDELL], Government and State, local and tribal ernments in complying with certain re- the Senator from Montana [Mr. governments; to end the imposition, in quirements under Federal statutes and BURNS], the Senator from Nebraska the absence of full consideration by regulations, and for other purposes; as [Mr. EXON], the Senator from Maine Congress, of Federal mandates on follows: [Ms. SNOWE], the Senator from Con- State, local, and tribal governments necticut [Mr. DODD], the Senator from without adequate funding, in a manner In the amendment strike all after ‘‘(e) IM- MIGRATION’’ and insert the following: New Hampshire [Mr. GREGG], the Sen- that may displace other essential gov- REPORT.—Not later than 3 months after ator from North Carolina [Mr. HELMS], ernmental priorities; and to ensure the date of enactment of this act, the Advi- the Senator from Hawaii [Mr. INOUYE], that the Federal Government pays the sory Commission shall develop a plan for re- the Senator from Minnesota [Mr. costs incurred by those governments in imbursing State, local and tribal govern- WELLSTONE], the Senator from Dela- complying with certain requirements ments for costs associated with providing S 1632 CONGRESSIONAL RECORD — SENATE January 26, 1995 services to illegal immigrants based on the Senate shall specifically exclude social secu- NOTICES OF HEARINGS best available cost and revenue estimates, rity from the calculations used to determine including— if the Federal budget is in balance. SUBCOMMITTEEON OVERSIGHT OF GOVERNMENT (1) education; MANAGEMENT AND THE DISTRICT OF COLUMBIA (2) incarceration; and Mr. COHEN. Mr. President, I wish to (3) health care. GLENN AMENDMENT NO. 225 announce that the Subcommittee on (f) The appropriate federal agencies shall Oversight of Government Management be authorized to expend such sums as are Mr. GLENN proposed an amendment to the amendment No. 209, proposed by and the District of Columbia, Commit- necessary to fulfill the plan for reimburse- tee on Governmental Affairs, will hold ment described in section 302(e). Mr. KEMPTHORNE, to the bill, S. 1, supra; as follows: a hearing on Tuesday, January 31, 1995, at 2 p.m., in room 342 of the Dirksen HARKIN AMENDMENT NO. 224 Strike page 1, line 2, through page 2, line 4, and insert the following: Senate Office Building. The subject of Mr. HARKIN proposed an amendment ‘‘( ) CLARIFICATION OF APPLICATION.—(1) the hearing is oversight of the FDIC to amendment No. 224 proposed by him This section applies to any bill, joint resolu- and the RTC’s use of D’Oench Duhme. to the bill S. 1, supra; as follows: tion, amendment, motion, or conference re- COMMITTEE ON AGRICULTURE, NUTRITION AND At the end of the amendment add the fol- port that reauthorizes appropriations, or FORESTRY lowing: that amends existing authorizations of ap- Mr. COHEN. Mr. President, I would (a) FINDINGS.—The Senate finds that— propriations, to carry out any statute, or like to announce that the Senate Com- (1) social security is a contributory insur- that otherwise amends any statute, only if ance program supported by deductions from enactment of the bill, joint resolution, mittee on Agriculture, Nutrition, and workers’ earnings and matching contribu- amendment, motion, or conference report— Forestry will hold a full committee tions from their employers that are depos- ‘‘(A) would result in a net reduction in or hearing to discuss ‘‘What Tax Policy ited into an independent trust fund; elimination of authorization of appropria- Reforms will Help Strengthen Amer- (2) over 42,000,000 Americans, including tions for Federal financial assistance that ican Agriculture and Agribusiness?’’ over 3,000,000 children and 5,000,000 disabled would be provided to States, local govern- The hearing will be held on Tuesday, workers and their families, receive social se- ments, or tribal governments for use for the February 7, 1995, at 9:30 in SR–332. curity benefits; purpose of complying with any Federal inter- For further information, please con- (3) social security is the only pension pro- governmental mandate, or to the private sec- gram for 60 percent of older Americans; tor for use to comply with any Federal pri- tact Chuck Conner at 224–0005. (4) almost 60 percent of older beneficiaries vate sector mandate, and would not elimi- COMMITTEE ON AGRICULTURE, NUTRITION AND depend on social security for at least half of nate or reduce duties established by the Fed- FORESTRY their income and 25 percent depend on social eral mandate by a corresponding amount; or Mr. COHEN. Mr. President, I would security for at least 90 percent of their in- ‘‘(B) would result in a net increase in the like to announce that the Senate Com- come; aggregate amount of direct costs of Federal (5) without social security an additional mittee on Agriculture, Nutrition, and intergovernmental mandates or Federal pri- Forestry will hold a full committee 15,000,000 Americans, mostly senior citizens, vate sector mandates otherwise than as de- would be thrown into poverty; scribed in paragraph (1). hearing to discuss ‘‘How Do We Best (6) 138,000,000 American workers partici- ‘‘(2) For purposes of this section, the direct Reduce Excessive Government Regula- pate in the social security system and are in- cost of the Federal mandates in a bill, joint tion of Agriculture and Agribusiness?’’ sured in case of retirement, disability, or resolution, amendment, motion, or con- The hearing will be held on Tuesday, death; ference report that reauthorizes appropria- February 14, 1995, at 9:30 a.m. in SR– (7) social security is a contract between tions, or that amends existing authoriza- 332. workers and the Government; tions of appropriations, to carry out a stat- (8) social security is a self-financed pro- For Further information, please con- ute, or that otherwise, amends any statute, tact Chuck Conner at 224–0005. gram that is not contributing to the current means the net increase— Federal budget deficit; in fact, the social se- ‘‘(A) in the aggregate amount of direct f curity trust funds currently have over costs of Federal mandates that would result $400,000,000,000 in reserves and that surplus under the statute if the bill, joint resolution, AUTHORITY FOR COMMITTEES TO will increase during fiscal year 1995 alone by amendment, motion, or conference report is MEET an additional $70,000,000,000; enacted, (9) this surplus is necessary to pay month- COMMITTEE ON AGRICULTURE, NUTRITION AND ‘‘(B) over the aggregate amount of direct FORESTRY ly benefits for current and future bene- costs of Federal mandates that would result ficiaries; under the statute if the bill, joint resolution, Mr. KEMPTHORNE. Mr. President, I (10) recognizing that social security is a amendment, motion, or conference report is ask unanimous consent that the Com- self-financed program, Congress took social enacted.’’ mittee on Agriculture, Nutrition, and security completely ‘‘off-budget’’ in 1990; Forestry be allowed to meet during the however, unless social security is explicitly session of the Senate on Thursday, excluded from a balanced budget amendment KASSEBAUM AMENDMENT NO. 226 to the United States Constitution, such an January 26, 1995, at 9:30 a.m.,in SR–332, amendment would, in effect, put the program Mrs. KASSEBAUM proposed an to address the reauthorization of the back into the Federal budget by referring to amendment to the amendment No. 203, Commodity Futures Trading Commis- all spending and receipts in calculating proposed by Mrs. BOXER, to the bill, S. sion. whether the budget is in balance; 1 supra; as follows: The PRESIDING OFFICER. Without (11) raiding the social security trust funds objection, it is so ordered. to reduce the Federal budget deficit would be In the pending amendment, strike the lan- COMMITTEE ON ARMED SERVICES devastating to both current and future bene- guage after ‘‘(7)’’ and insert the following: ficiaries and would further undermine con- ‘‘expresses the Sense of the Senate or the Mr. KEMPTHORNE. Mr. President, I fidence in the system among younger work- Sense of the House that the President should ask unanimous consent that the Com- ers; fully enforce existing laws against child por- mittee on Armed Services be author- (12) the American people in poll after poll nography, child abuse, or child labor.’’. ized to meet on Thursday, January 26, have overwhelmingly rejected cutting social 1995, at 9:30 a.m. in open session, to re- security benefits to reduce the Federal defi- BOXER (AND OTHERS) ceive testimony on the security implicit and balance the budget; and cations of the Nuclear Non-Prolifera- (13) social security beneficiaries through- AMENDMENT NO. 227 tion Agreement with North Korea. out the nation are gravely concerned that Mrs. BOXER (for herself, Mr. DODD, The PRESIDING OFFICER. Without their financial security is in jeopardy be- and Mr. WELLSTONE) proposed an objection, it is so ordered. cause of possible social security cuts and de- amendment to the amendment No. 203, serve to be reassured that their benefits will proposed by her, to the bill S. 1, supra; COMMITTEE ON COMMERCE, SCIENCE, AND not be subject to cuts that would likely be TRANSPORTATION as follows: required should social security not be ex- Mr. KEMPTHORNE. Mr. President, I cluded from a balanced budget amendment At the end of the amendment, add the fol- ask unanimous consent that the Com- to the United States Constitution. lowing: (b) SENSE OF THE SENATE.—It is the sense ‘‘( ) is intended to study, control, deter, mittee on Commerce, Science, and of the Senate that any joint resolution pro- prevent, prohibit or otherwise mitigate child Transportation be authorized to meet viding for a balanced budget amendment to pornography, child abuse and illegal child on January 26, 1995, at 2 p.m. on Am- the United States Constitution passed by the labor.’’. trak Oversight. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1633 The PRESIDING OFFICER. Without on nonviolent offenders and longer sen- Program. ‘‘I’ve got people that are continu- objection, it is so ordered. tences on violent ones. ously calling that I cannot get into treatment.’’ COMMITTEE ON FINANCE All told, 85 percent of the wardens Even inmates ordered to receive drug Mr. KEMPTHORNE. Mr. President, I said that elected officials are simply not offering effective solutions to treatment as part of their sentences have to ask unanimous consent that the Fi- wait their turn—in jail. nance Committee be permitted to meet America’s crime problem. These re- Meanwhile, drugs are readily available. In on Thursday, January 26, 1995, begin- sults suggest that Congress should be a random survey of Illinois residents, nearly ning at 9:30 a.m., in room 215 of the cautious before it embarks on another half said illegal drugs were ‘‘very easy’’ to Dirksen Senate Office Building, to con- round of mandatory sentences and pris- obtain in their areas, according to the City duct a hearing on the Federal budget on building. of Chicago’s 1991 Citywide Needs Assessment outlook. I ask unanimous consent that a sum- Report on alcohol and substance abuse. The The PRESIDING OFFICER. Without mary of the survey results be inserted same report found that Chicago’s drug treatment system had the capacity for less than objection, it is so ordered. at the end of my remarks. In addition, I would like to insert 5 percent of the people in need. COMMITTEE ON FOREIGN RELATIONS ‘‘Clearly, if we are not able to provide into the RECORD after that an article Mr. KEMPTHORNE. Mr. President, I treatment to people who need it, obviously that simply underscores what the pris- ask unanimous consent that the Com- we are going to have a different time making on wardens had to say. mittee on Foreign Relations be author- headway in the entire problem,’’ said Susan The heading on the story in the Chi- ized to meet during the session of the Weed, the recently appointed director of the cago Sun-Times, an article written by Senate on Thursday, January 26, 1995, city’s office of substance abuse policy. Mary A. Johnson, is ‘‘95% Turned Away Not all people are successfully treated, nor at 10 a.m. to hold a hearing on Mexico’s for Drug Rehab.’’ The stub-head is are all programs successful. Still, many economic situation and the United ‘‘Chicago Area’s Treatment Sites Over- state and local officials agree that there States efforts to stabilize the peso. whelmed.’’ should be more programs for people seeking The PRESIDING OFFICER. Without The story buttresses the fact that we treatment. objection, it is so ordered. ought to be doing more in the way of Suburban drug treatment centers also are struggling to meet the needs of those seek- COMMITTEE ON FOREIGN RELATIONS prevention. Mr. KEMPTHORNE. Mr. President, I ing help. At a Lutheran Social Services pro- Underscoring what the Mary Johnson gram in Elgin, there usually is a waiting list ask unanimous consent that the Com- article says, not too long ago, I visited for people on Medicaid or who don’t have in- mittee on Foreign Relations be author- the Cook County Jail and learned that surance, said Jackie Galvin, an administra- ized to meet during the session of the they have great need for an expanded tive assistant. Senate on Thursday, January 26, 1995, drug rehabilitation program. ‘‘We know of about 10 people here at the at 2 p.m. to hold a hearing on Mexico’s The day I was there, there were about front desk, and we don’t know how many economic situation and the United 9,000 prisoners. Among the places I vis- people are on waiting lists at the intake cen- States efforts to stabilize the peso. ited was a minimum security area ter,’’ Galvin said. The PRESIDING OFFICER. Without where about 45 prisoners were in a bar- 100,000 WAITING objection, it is so ordered. racks-like situation with cots. I went Nationwide, an estimated 100,000 people are COMMITTEE ON LABOR AND HUMAN RESOURCES around talking to them and asked one on waiting lists for publicly funded drug Mr. KEMPTHORNE. Mr. President, I of the prisoners what he would like. He treatment, said Sarah Kayson, director of ask unanimous consent that the Com- said he would like to get into a drug republic policy for the Washington based Na- mittee on Labor and Human Resources habilitation program at the prison. The tional Council on Alcoholism and Drug De- be authorized to meet for a hearing on assistant warden told me that there pendence. the National Endowment for the Arts, were only places for 120 in the drug re- The problem, while crossing racial and suburban boundaries, hits the black population during the session of the Senate on habilitation program there. I turned to the other prisoners who harder because of the higher unemployment Thursday, January 26, 1995, at 9:30 a.m. rates and related lack of health insurance for The PRESIDING OFFICER. Without were there, and I said, ‘‘How many of African Americans. objection, it is so ordered. you would like to get into a drug reha- With the explosion of heroin on Chicago f bilitation program?’’ About 25 or 30 streets, substance-abuse treatment providers raised their hands. Obviously, we save are finding that more and more women are ADDITIONAL STATEMENTS money when we don’t provide drug re- hooked. Pregnant women addicted to heroin habilitation, but we save money like have an even tougher time getting help be- we save money when we build a house cause such treatment includes methadone, NINETY-FIVE PERCENT TURNED and don’t put a roof on it. an alternative drug that few clinics are li- AWAY FOR DRUG REHAB This Nation has to be realistic about censed to dispense. Also, many female drug-abusers are heads ∑ Mr. SIMON. Mr. President, I con- the problems of crime and stop the of households. That raises the question of ducted a survey of prison wardens on demagoguery. child care. Only a couple of agencies in the what we should do about crime in our I ask that at the end of the survey of city provide such service, substance abuse country; 157 wardens responded, from prison wardens and the press release care providers said. Illinois, California, Florida, Texas, from my office, the Mary Johnson arti- Dr. Janet Chandler, who runs the New Delaware, Michigan, Ohio, and Penn- cle be inserted into the RECORD. Start Treatment Program at Cook County [From the Chicago Sun-Times, Dec. 29, 1994] Hospital, said she turns away 20 pregnant sylvania. women a month from the program. NINETY-FIVE PERCENT TURNED AWAY FOR By large margins, the wardens In 1988, there were 129 babies from Cook DRUG REHAB: CHICAGO AREA’S TREATMENT warned that our overwhelming empha- County born with illegal drugs detected in SITES OVERWHELMED sis on building prisons in response to their systems. Last year, the number was crime just isn’t working. The wardens (By Mary A. Johnson) 3,146. urged a more balanced approach, one There is no shortage of suppliers for people ‘‘I don’t know anybody who wouldn’t agree that mixes punishment, prevention, demanding heroin or crack cocaine in the that the single most pervasive problem in Chicago metropolitan area. and treatment. child welfare—at least in Cook County and But when drug users—especially pregnant other urban areas—is drug abuse,’’ said John To give a few specific examples, 92 women and the unemployed—hit rock bot- Goad, Cook County child protection adminis- percent of the wardens said we should tom and run for treatment, they quickly find trator. ‘‘The source of the largest category make greater use of alternatives to in- that the demand for help is far greater than of children coming into state care are those carceration, such as home detention, the supply. abandoned because their parents are out get- halfway houses, and residential drug Most drug abusers wait up to six months ting high and doing drugs.’’ for services at publicly funded treatment treatment programs. Fifty-eight per- ONLY 892 BEDS cent said they opposed the politically centers. On any given day, nearly 95 percent of those seeking help will be turned away The Illinois Department of Alcohol and popular mandatory minimum sen- from the 118 treatment centers in the area. Substance Abuse estimates that the poten- tences. And 65 percent said that we ‘‘I may get 100 calls a week and have only tial drug treatment population in Cook should use prison space more effi- 10 beds,’’ said Florence Mason, director of County is as low as 350,000 or as high as ciently by imposing shorter sentences clinical services for the Women’s Treatment 600,000. S 1634 CONGRESSIONAL RECORD — SENATE January 26, 1995 Yet, only 892 publicly funded beds are day when these high-risk investments The United States commerce Depart- available in Chicago for drug treatment. were the fad. ment reported that Mexico had a mer- There are also nearly 6,000 spots in programs For example, in 1993, one large mu- chandise trade deficit with the United for nonresidential treatment. tual fund reported profits on its largest ‘‘There just isn’t enough money to go States of about $1 billion for 1993. That around,’’ said Becky Enrietto, a spokesman investment account for Mexican secu- figure is even lower for 1994. for Gov. Edgar. ‘‘It is not only a political rities at 62 percent. In 1995 and beyond, Mexico is certain problem, it is a societal problem.’’ The profits of another emerging mar- to have a trade surplus with the United However, recent studies have shown that ket fund, heavily invested in Mexico, States. drug prevention and treatment are cost-ef- reached 82 percent for the same year. Mexico, however, is running a mas- fective over the long haul. Treatment saves The deluge of foreign investments sive deficit with the rest of the world. on publicly funded health care, reduces that the Mexicans were able to attract criminal activity and helps fight the spread It does not seem to me like we should of AIDS. in recent years allowed the Mexican ask American taxpayers to underwrite ‘‘When a quarter of your patients come in Government to become more than a lit- the risk on bonds that are issued to fi- with chemical dependency, it’s a major tle careless about that nation’s trade nance a Mexican trade deficit with health problem,’’ said Dr. Tom Scaletta, as- balance. Japan or Europe or other countries. sociate director of adult emergency services So careless, in fact, that the total at Cook County Hospital. If those are the responsibilities that transactions in and out of Mexico, some think America must assume in ‘‘A lot of the patients with chemical de- called the current account balance, ran the new world order, then we need to pendency come to the emergency depart- more than a $50 billion deficit in the ment many, many times.’’ redefine the rules. years 1993 and 1994 combined. Dr. Ed Senay, a University of Chicago pro- Mexico is a friend, neighbor, and ally None of that deficit, according to fessor of psychiatry, said that given the poof the United States. And we do have U.S. figures, was attributable to the litical climate, it is not likely that govern- common interests and common con- ment funding for substance abuse treatment United States. cerns. will increase. As long as the foreign investments But nothing that I have seen or heard ‘‘There hasn’t been a substantial incremen- continued to flow into Mexico, the tal increase in funding for drug treatment or evaluated persuades me that we trade deficits did not come home to since the Nixon administration,’’ Senay said. serve either Mexico’s interest or the The wide gap between demand and supply roost. But the party ended when the Fed- American taxpayer by the bailout has drug treatment providers fighting to which has been proposed. make services available, said Ray Soucek, eral Reserve Board began to increase executive director of Haymarket House, a interest rates in the United States and In his State of the Union Address pioneer organization in alcohol and sub- when investors began to get nervous Tuesday night, President Clinton urged stance abuse treatment. about the value of the Mexican peso. Americans to take more responsibility ‘‘The problem is not getting smaller, and Now the over-heated investment bub- for their own lives. That is all well and there is no doubt that people want treat- good and I support him in that effort. ment,’’ Soucek said.∑ ble in Mexico has burst. The Mexican Government has been forced to devalue But I think it is time the big banks f its currency. The peso has fallen in and giant investors do the same. A $40 BILLION FINANCIAL BAILOUT value by 40 percent. They knew the rules of the market- FOR THE GOVERNMENT OF MEX- And those same investors and fin- place. They knew the risks were high. ICO anciers who made money hand over fist They accepted high interest rate premiums—and collected billions of dol- ∑ Mr. DORGAN. Mr. President, I regret in 1993 and throughout most of 1994 have taken a drubbing on their Mexi- lars in quick profits—precisely because that I cannot support the proposal that the risks were high. Now that the the President, together with some Re- can bonds. That is bad luck. But it is also the worm has turned, they want taxpayers publican and Democratic leaders in to bail them out. Congress, has offered calling for a $40 way the market works. The big banks and giant investors billion financial bailout for the Gov- Risk works both ways. The risk of need to do precisely what the President ernment of Mexico. gain is offset by the risk of loss. has asked the American people to do: I just cannot support a course that But now we are told that the United take more responsibility for their own will commit the American taxpayers to States taxpayer should offer a $40 bil- a risk of paying a $40 billion bill for the lion guarantee to bailout those who lives. Stop looking to the Government mistakes of the Mexican Government risked losses on the Mexican bonds. to assume responsibilities that are and some Wall Street financiers. Well, count me out. That is not an rightfully their own. That makes no sense to me. obligation for the American taxpayer I will oppose the bailout which has I do not think we have an inter- to assume. been proposed for Mexico. national crisis. We do have the Mexi- The soothing voices of financial The world will not stop. Mexico will can Government that, apparently, does gurus tell us that there is not much not collapse. The debt that Mexico not have the funds to redeem its bonds. risk for the American taxpayers here. owes will be restructured, and the mar- And we have some bondholders—nota- If that is the case—if this is a low-risk ket will work the way it is designed to bly banks and investors—who risk situation—then why will not the pri- work.∑ vate sector step in and assume the some losses if that occurs. f But that is not a crisis. risk? If it involves significant risk—and I I think it is important to review NEW APPROACHES: LESSONS FOR believe it does—it underscores why this what has happened in Mexico. In recent THE MANUFACTURING REVOLU- is a real mistake for our taxpayers. years, a huge flow of speculative in- TION vestment flowed into Mexico. That Another matter that convinces me capital flow accelerated during the that the taxpayers should not be sad- ∑ Mr. LOTT. My colleague from Con- time that the United States and Mex- dled with this is an evaluation of who necticut, Senator LIEBERMAN, and I ico began negotiating a free-trade is causing the trade deficit that Mexico have been working with the National agreement. is experiencing. Association of Manufacturers on orga- Investors—including banks and mu- The trade deficit represents most of nizing a conference on the future of tual funds—were receiving big interest Mexico’s current account imbalance. manufacturing on February 1, that we rate premiums because of the high risk If this is a crisis and a bailout is in want to bring to our colleagues’ atten- of those investments. Investors and order, should those countries who are tion. It will highlight our concern banks knew the risks. In exchange for sporting handsome trade surpluses about the critical role manufacturing the prospect of big profits, they were with Mexico not be responsible to un- plays in our national economy. I join willing to take the risks. derwrite the bonds that Mexico must my friend from Connecticut in request- In fact, some of the investors from float to finance that trade? I think so. ing that an excerpt from our invitation the United States and elsewhere who So, how much of the Mexico trade letter appear in the RECORD for the in- invested in Mexican bonds had a field debt is with the United States? formation of our colleagues. January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1635 Mr. LIEBERMAN. I am pleased to of Americans who are poor by official gov- omy and society. But most Americans living join my colleague from Mississippi, ernment standards reached its low point in in affluent neighborhoods probably are not Senator LOTT, in inviting our col- 1972 (11.1 percent) and has been slowly rising. ready to deal with dispersal of the poor. leagues to attend the conference on is- Second, poverty is getting younger. The U.S. Congress will seek to reform welfare in the Census Bureau reported last year that more vain hope that to do so will reduce poverty. sues in manufacturing. This conference than 15 million children under the age of 18 What they are most likely to do is to make will provide a forum for discussion of (22.7 percent) lived in poverty. Third, poverty some children’s lives even more desperate. topics that are so important for the fu- is becoming inherited. People born into pov- Sadly, we probably lack the moral insight or ture economic health of our Nation, erty are more likely to become poor adults political will to face the real needs for jobs, and I encourage our colleagues to at- than earlier in our history. education and housing patterns which hold tend. I request that an excerpt from Four trends in American society lie behind out greater promise for success than any our letter to our Senate colleagues ap- these troubling facts. First, poverty gen- welfare reform that will be seriously consid- pear following our remarks: erally declines when the economy grows and ered in the months ahead.∑ increases when the economy slows down. f We would like to invite you to attend the Overall our economy has grown more slowly ‘‘New Approaches: Lessons from the Manu- in recent decades. Second, our job market TRIBUTE TO AUDIE MURPHY facturing Revolution’’ on Capitol Hill, on has changed significantly. Well-paying blue- February 1, 1995, in the Senate Caucus Room, collar jobs, which require little education, ∑ Mr. SMITH. Mr. President, I rise room SR–325 in the Russell Building from are disappearing. Increasingly, education is today to remind my colleagues that on 8:30 to 10:30 am. This important conference, the key to getting a job that pays enough to this date in 1945, a 20-year-old soldier sponsored by the National Association of support a family. Those without education named Audie Murphy had the courage Manufacturers (NAM) will focus on the fu- and specialized job skills find themselves ture of U.S. manufacturing and technology. to call in artillery on his own position caught in low-paying jobs. Third, we are be- as part of his successful effort to repel It will feature, Tom Peters, noted speaker coming more separated geographically. In- and author of ‘‘The Pursuit of Wow!, Crazy creasingly the poor are stuck in poor neigh- an enemy advance of 6 tanks and over Times Call for Crazy Organizations,’’ and ‘‘In borhoods in cities surrounded by more afflu- 200 infantrymen. He was wounded dur- Search of Excellence,’’ and include remarks ent suburbs. The better schools, the safer ing that firefight in France, and ulti- from NAM’s new Chairman, Tracy O’Rourke neighborhoods and the jobs are in the sub- mately earned the Medal of Honor of Varian Associates and its President of urbs and the poor people are stuck in the among his 33 medals and citations. NAM, Jerry Jasinowski, author of a signifi- cities. Fourth, programs which support the As most of my colleagues know, he cant new book on this subject. poor have been cut. For instance, the buying In the highly-competitive world economic was the most decorated soldier in power of Aid to Families with Dependent World War II. Furthermore, he climate, our manufacturing industry is more Children has declined significantly in the critical than ever to the economic well-being past two decades. achieved most of his accomplishments of our nation. American manufacturing and Of these four trends, welfare policy is prob- before his 21st birthday. Many Ameri- technology firms have been in the process of ably the least important factor in the rise of cans are familiar with his book, or renewal over the past decade, and are now poverty, and yet it is the one we are told we have seen the movie that he starred in, attempting to reassert and maintain U.S. shall reform. Welfare policy is a mess. How- ‘‘To Hell and Back.’’ economic leadership. The conference will dis- ever, the primary reason is not in Washing- The Postal Service has been asked cuss these developments, and also start to ton; it is in our own hearts and minds. Vir- look at ways we in the government can bet- time and time again by veterans orga- tually all Americans believe we should help nizations to issue an Audie Murphy ter support our producers as they search for poor children because they are not to blame a new edge in the global marketplace in infor their poverty and deserve our help. Yet stamp. But, again, this year, the vets troducing new products and technologies, in most Americans do not want to provide as- have been disappointed. We have Pop- improving productivity, in expanding ex- sistance for poor adults. They are considered eye, Little Orphan Annie, and Marilyn ports, and in better educating our workforce. lazy and unmotivated and to blame for their Monroe, but, no Audie Murphy. It is Our hope is that there will be sufficient in- own poverty. The problem, however, is that my sincere hope that the Postal Serv- terest in the U.S. manufacturing agenda, and the overwhelming majority of poor children ice will take another look at this brave that this conference will lead to a Senate live with poor adults. We simply cannot fig- Manufacturing Task Force to examine issues young soldier’s outstanding career, and ure out how to help the blameless children reconsider issuing a commemorative in detail from a strictly bipartisan perspec- without helping their worthless parents. tive, and result in legislative ideas that we, We would do better to focus on the other stamp in honor of his service to his together, can translate into action. The three trends as ways of dealing with poverty. country.∑ House last year began a similar effort, and Jobs, education and housing patterns are f we believe we can cooperate across the better places to begin than welfare policy. chambers toward a common goal. We invite For most poor persons, a good job is the best ADDITIONAL COSPONSOR S. 111 you to join in this effort.∑ assistance they can get. Programs of basic AND S. 262 f education and job training and of placement in jobs that pay a living wage hold out much ∑ Mr. BRYAN. Mr. President, today, I POVERTY IN AMERICA: CAUSES, more hope than does a welfare grant. For am pleased to join as a cosponsor of CURES . . . most welfare recipients, and these are single both Senator TOM DASCHLE’s bill to Mr. SIMON. Mr. President, Prof. women with children, day care for their chil- make permanent the deduction for ∑ dren and health care for the family is more Warren Copeland of Wittenberg Univer- health insurance costs of self-employed valuable than a bigger welfare check. individuals, and to increase it to 100 sity is a professor of religion and social The education of our children, all of them, percent [S. 111], and Senator CHARLES ethics and, recently, had an op-ed piece promises even greater long-term rewards in in the Chicago Tribune that talks the effort to reduce poverty. It is clear that GRASSLEY’s bill also to make the de- about poverty in our country and the it takes more resources to educate poor chil- duction permanent, and to phase in the lack of understanding on the part of dren who come to school with fewer of the increase to 100 percent over 3 years [S. those who are looking for simplistic advantages and supports that we take for 262]. answers to achieve welfare reform. granted for other children. Yet our school The 25-percent health insurance tax system is organized and financed so that we deduction for the self-employed expired What he says makes great sense, and spend less time and money on the children I urge my colleagues to read it. at the end of 1993. It was assumed the whose needs are greatest. The results are tax break would be restored, and pos- I ask to insert it into the RECORD at easy to see. Test scores vary by the income this point. level of our schools. Children who do not get sibly even expanded to a 100-percent The article follows: a good education will not be able to support tax deduction as part of comprehensive health care legislation. As we were un- [From the Chicago Tribune] their own children in the new job market. Finally, and this is the hardest for us to able to reach any consensus on health POVERTY IN AMERICA: CAUSES, CURES ... face, we literally must learn to live together care reform in 1994, the 25-percent tax (By Warren R. Copeland) again. If we continue to spread apart geo- deduction was not restored. Politicians of both parties say they are graphically according to income, we will find Last October, I initiated a letter to about to reform our welfare system. If that it extremely difficult to provide real oppor- the former Senate Majority Leader is true, it will help to first come to terms tunity for our poor citizens. Left behind in with the reality of poverty in the United deteriorating neighborhoods by those who George Mitchell cosigned by 25 of my States. are able to leave and take good schools and colleagues encouraging the consider- Three basic facts must be recognized. jobs with them, the poor may never get back ation of legislation to restore the 25- First, poverty is increasing. The percentage into the mainstream of the American econ- percent tax deduction for the costs of S 1636 CONGRESSIONAL RECORD — SENATE January 26, 1995 health insurance for the self-employed RACISM, PARANOIA CREATING A CRISIS Mr. DOMENICI. Mr. President, I ask to the floor when the Senate recon- Since it has become disturbingly obvious unanimous consent that the order for vened in November. Unfortunately, we that some Americans want to fight another the quorum call be rescinded. were unable to consider such legisla- Civil War over ‘‘affirmative action,’’ I must The PRESIDING OFFICER. Without tion. have a few more words about the subject. objection, it is so ordered. My mail about ‘‘reverse discrimination’’ More than 12 million Americans are Mr. DOMENICI. Mr. President, I rise self-employed for part or all of their tells me that I must make one more attempt to tell white America what is ugly paranoia, just for 2 minutes and ask consent I be livelihood, and almost 3 million of and what is fact, about the recent efforts of permitted to speak for 2 minutes as in these Americans have no heath insur- political leaders and corporation leaders to morning business while Senators are ance, according to the Employee Bene- do justice. negotiating. I do not intend to distract fit Research Institute. A study con- It seems that I get a zillion letters a anybody. ducted in 1993 by the National Associa- month from whites saying generally: The PRESIDING OFFICER. Without tion for the Self-Employed predicted ‘‘Through reverse discrimination, our gov- objection, it is so ordered. that 400,000 more self-employed would ernment, colleges and businesses have given go without insurance, if they lost the so many goodies to blacks and Hispanics f 25-percent tax deduction. that a white man, or family, doesn’t have a These bills are particularly beneficial chance anymore.’’ A LOAN GUARANTEE TO MEXICO I know that white people have read so for the self-employed for not only do much fiction about reverse discrimination, Mr. DOMENICI. Mr. President, I no- they provide for retroactive renewal of so much provocative propaganda about the ticed the occupant of the chair, who the 25-percent tax deduction for 1994, it ‘‘angry white male,’’ that they really believe has been very much involved in adding increases that deduction to a full 100 non-whites have become top dogs in this so- some common sense and some solid percent. The Grassley bill phases in ciety. I only wish someone would force the this deduction; in 1995 deductibility affirmative action race-baiters to explain business practices to the discussion on would be 50 percent, in 1996 deductibil- why: the so-called loan guarantee to Mexico. ity would be 75 percent, and in 1997 de- In 1993, the median income of white house- As I saw him there, I thought maybe I ductibility would be 100 percent. holds was $32,960, but for black households, would just take a minute to discuss only $19,533. If we do not reinstate this important with the Senate, and for those who In 1992, 46.6 percent of black children under work for the White House and thus for tax provision, self-employed people will age 18 lived in poverty, compared with 16.9 lose an important incentive to pur- percent of white children. the people of the United States in this chase health insurance. Instead of tak- Black babies in America are twice as like- regard, that perhaps we ought to apply ing an important step forward toward ly to die within the first year of life as white another dimension of common sense to achieving universal health care cov- babies—and black women are more than what is going on. erage, Congress will actually be mov- twice as likely to die within five years of a It is pretty obvious there are some ing away from this goal. breast cancer diagnosis as are white women. things the Mexican Government does Our delay has already harmed many In November—yes, this November—the un- not want the American Government to employment rate for black adults was 9.2 self-employed who simply cannot af- percent, more than double the 4.3 percent for tell them to do. It seems to me the ford essential health care coverage whites. Or why 31.7 percent of black teen- Mexican Government ought to take without the tax incentive. I have agers in the labor force could not find work, this whole issue on and say what things joined with many of my colleagues to while only 12.9 percent of white youths faced can we do ourselves so the Americans also request Majority Leader ROBERT that plight. will not have to tell us what to do? Be- DOLE immediately bring to the floor a Why? Why? Why? cause we are obviously going to pass— bill to extend the 25-percent deduction Those statistics, released by the U.S. gov- if we ever do—a loan guarantee that is ernment, sure put the lie to claims that re- for 1994, so self-employed taxpayers can conditional. Conditional means we are take the deduction on their 1994 tax reverse discrimination has made blacks a priv- ileged race in America. going to ask them to do something and turns this year. I hope my colleagues More than white ignorance, or paranoia, we are also going to say, regarding will join in this effort to restore this lies behind the incendiary cries against af- what we asked them to do, we reserve important incentive for 1994, and per- firmative action, which means nothing more the right to see if they did it or not. manently establish the 100-percent de- than giving women, Hispanics, blacks and With reference to their money supply others a chance to get jobs, scholarships, and duction level to enable the self-em- and a really independent approach to ployed to afford health care insurance other opportunities according to their abili- money supply and printing money, coverage.∑ ties. Today we are beleaguered by craven politicians who know that they can dredge would it not be better for Mexico to get f votes out of white jealousies and fears. its leadership together and do that? RACISM, PARANOIA CREATING A Social and political predators know that Confer with us if they would like. Con- CRISIS ordinary white Americans have been indoc- fer with those who know something trinated up to their gullets by propaganda about it. They obviously did it wrong. ∑ Mr. SIMON. Mr. President, one of the that blacks are inferior to Caucasians. So it So whatever they have going did not columnists with a social conscience in becomes natural in every work or study ses- work as an independent entity as we our country today is Carl Rowan, who sion for the dumbest white person to assume speaks bluntly but with a wisdom that that any black person landing a spot above perceive it. We have a Federal Reserve some years of observing public life has him or her is inferior, and just the bene- with a lot of longevity. The fact that provided him. ficiary of reverse discrimination. we are two parties puts some pressure Do I believe that this column, or a thou- on, but it is an institution that is truly Recently, he had a column, ‘‘Racism, sand like it, will improve the mindset of any Paranoia Creating A Crisis,’’ that ap- independent. advocate of racial superiority, or any angry We have not had a President truly peared in the Chicago Sun-Times. white man who is steeped in paranoia? No. We have, nationally, about 23 percent But it sure improves my mindset to write try with any degree of success to work of our children living in poverty. No it.∑ his political will, or Congress to work other Western industrialized nation its will, on or against that Federal Re- has anything like that. As I pointed f serve Board. Many people talk about out on the floor of the Senate the other it—both sides. When things are not day, this is not an act of God but the UNFUNDED MANDATE REFORM going right we talk about loosening the result of flawed political policies. ACT money. When that side was in charge As he points out in his column, 46 The Senate continued with the con- and something was happening that the percent of black children under the age sideration of the bill. money was being tightened, they were of 18 live in poverty. Mr. KEMPTHORNE. Mr. President, I saying loosen it. But the Federal Re- These are figures that ought to be on suggest the absence of a quorum. serve seemed to have walked a pretty the moral conscience of every Amer- The PRESIDING OFFICER. The independent path. So it is doable. And ican citizen. clerk will call the roll. at least it could be produced and made I ask to insert the Carl Rowan col- The legislative clerk proceeded to the law of the land in a way that some umn into the RECORD at this point. call the roll. of our experts could say that is good, January 26, 1995 CONGRESSIONAL RECORD — SENATE S 1637 that is right. And we can take it to I further ask unanimous consent that Mr. GLENN. Mr. President, I would Congress and say it is done. following the conclusion or yielding like to ask my distinguished colleague So I urge the White House heed this. back of time on the Glenn amendment, from Idaho if the managers’ amend- Why do we have to tell them what to Senator KEMPTHORNE or his designee be ment will include all of the things that do in some of the very patent things recognized to make a motion to table, have been passed on the floor? We want that they know they have to do any- and that vote occur immediately fol- to make sure everything will be in- way and that they know we are going lowing the Levin No. 175 vote. cluded in that amendment, is that cor- to say without which we will not do I further ask unanimous consent that rect? this? Why wait around for us? Why do Senator LEVIN then be recognized to The PRESIDING OFFICER. The Sen- they not do it? Why do they not create offer his amendment No. 174 and no ator from Idaho. a more independent commission? second-degree amendments be in order, Mr. KEMPTHORNE. Mr. President, There are models for it besides ours, and there be 30 minutes for debate to to my friend from Ohio, I would say the with reference to their money supply be equally divided, and following the managers’ amendment will contain all and their monetary policy. There may debate the Senate vote on or in rela- freestanding amendments adopted by tion to the Levin amendment No. 174, be other conditions that are close to the Senate, and other matters which following the Glenn vote No. 197, and being cleared here that they could do have been submitted to Senator GLENN the Senate then turn to Levin amend- themselves and say, ‘‘We have done and his staff for review this evening. ment No. 219, and that no second-de- them.’’ That will get us away from a Mr. GLENN. It is my understanding long litany of things that are obviously gree amendments be in order, and there be 10 minutes for debate to be equally that everything that has had positive going to be debated up here that have action taken upon it would be included little to do with the situation, and divided, and that the vote occur follow- in that managers’ amendment, is that those who might want to support the ing the sequenced votes listed above. correct? bailout can say Mexico has done some Following the stacked votes, Senator Mr. KEMPTHORNE. Mr. President, of these. LEVIN be recognized to offer his amend- in response to that, perhaps we need to I thank the Chair for its attention ment No. 218 regarding S. 993, and no just have a clarification of ‘‘positive and I thank the Senator for yielding second-degree amendments be in order time. and time prior to a motion to table as action’’ which the Senator is speaking I suggest the absence of a quorum. follows: 45 minutes under the control of to. These are all the freestanding is- The PRESIDING OFFICER. The Senator LEVIN, 15 minutes under the sues where we have had jurisdiction clerk will call the roll. control of Senator KEMPTHORNE. and they have been submitted to the The legislative clerk proceeded to Following the conclusion and yield- Senator’s staff so they will have the call the roll. ing back of time, Senator KEMPTHORNE opportunity to have full review before Mr. KEMPTHORNE. Mr. President, I be recognized to make a motion to we actually get to this point. ask unanimous consent that the order table, and that vote be postponed to Mr. GLENN. Mr. President, I suggest for the quorum call be rescinded. occur following 20 minutes of debate the absence of a quorum. The PRESIDING OFFICER. Without under the control of Senator BYRD. The PRESIDING OFFICER. The objection, it is so ordered. Following the conclusion of the clerk will call the roll. Levin amendment No. 218, Senator f The assistant legislative clerk pro- KEMPTHORNE be recognized for up to 20 ceeded to call the roll. UNFUNDED MANDATE REFORM minutes to offer an amendment to his Mr. GLENN. Mr. President, I ask ACT manager’s amendment No. 210, and unanimous consent that the order for that amendment be agreed to and the The Senate continued with the con- the quorum call be rescinded. motion to reconsider be laid upon the sideration of the bill. The PRESIDING OFFICER. Without table, to be followed by Senator ROTH’s objection, it is so ordered. Mr. KEMPTHORNE. Mr. President, amendment No. 222, to be modified to Mr. GLENN. Mr. President, clarifica- may I also note that the Presiding Offi- reflect technical changes, and follow- tion for the question just asked by my cer of the Senate has been in that chair ing the conclusion of those two amend- distinguished colleague: I would define now for well over 2 hours. We appre- ments there be 20 minutes for debate ciate your patience and your indul- that as saying we would want to make under the control of Senator GLENN, gence. And may I also thank all of the and following the conclusion of that certain that everything has been in- staff who have remained here with us debate the bill be read for a third time. cluded on which the Senate took final for all their hard work. The PRESIDING OFFICER. Is there positive action. UNANIMOUS-CONSENT AGREEMENT objection? Mr. KEMPTHORNE. Mr. President, I Mr. KEMPTHORNE. Mr. President, I Mr. DASCHLE. Mr. President, I have agree with that. ask unanimous consent that at 9:30 had the opportunity to discuss this The PRESIDING OFFICER. Is there a.m. Friday, Senator LEVIN be recog- with a number of Members on our side. objection? nized to offer his amendment No. 175; Let me commend the managers of the Mr. GLENN. No objection. that there be no second-degree amend- bill. Their comity and their coopera- The PRESIDING OFFICER. Without ments in order and that there be 45 tion have been exemplary throughout objection, the unanimous consent minutes for debate prior to a motion to the entire process here. We have come agreement is so ordered. table in the following fashion: 30 min- to a point where I think we can suc- Mr. KEMPTHORNE. Mr. President, I utes under the control of Senator cessfully conclude the debate on this thank my colleague from Ohio, who LEVIN, 15 minutes under the control of bill, thanks to their leadership and has been a fine partner through this. I Senator KEMPTHORNE. their remarkable efforts. think now we all realize that in the I further ask that following the con- I also join the Republican manager of some 12 days we have been debating S. clusion or yielding back of time, Sen- the bill in commending the staff on 1, that everyone, I think, has been ac- ator KEMPTHORNE or his designee be both sides for the cooperative effort commodated to have full opportunity recognized to make a motion to table and work they have done in the last to debate this. Tomorrow we will have and that vote be postponed to occur at several hours to reach this agreement. those remaining amendments that we 11:30 a.m. I think this accommodates the con- will deal with, moving toward that I further ask unanimous consent that cerns and interests of many of our final passage tomorrow so this legisla- following the debate on Levin No. 175, Members who want the opportunity to tion can move forward from this body Senator GLENN be recognized to offer debate several remaining amendments to the House of Representatives. his amendment No. 197, and no second- that we view to be very important. degree amendments be in order, and de- So I have no objection. f bate prior to a motion to table be as Mr. GLENN. Mr. President, reserving follows: 30 minutes under the control of the right to object. ORDER FOR STAR PRINT Senator GLENN, 15 minutes under the The PRESIDING OFFICER. The Sen- Mr. KEMPTHORNE. Mr. President, I control of Senator KEMPTHORNE. ator from Ohio. ask unanimous consent that report 104– S 1638 CONGRESSIONAL RECORD — SENATE January 26, 1995 6, a report to accompany Senate Reso- The PRESIDING OFFICER. Objec- PROGRAM lution 73, be star printed in order to tion is heard. Mr. KEMPTHORNE. Mr. President, make technical corrections. f for the information of all Senators, the The PRESIDING OFFICER. Without Senate will complete action on this bill objection, it is so ordered. ORDERS FOR TOMORROW tomorrow, hopefully prior to the 3 p.m. f cloture vote. However, if passage has Mr. KEMPTHORNE. Mr. President, I not occurred by 3 p.m., a cloture vote MEASURE READ FOR THE FIRST ask unanimous consent that when the will occur. Also, additional votes are TIME—S. 290 Senate completes its business today it expected throughout the day on stand in recess until 9:30 a.m. on Fri- Mr. KEMPTHORNE. Mr. President, I amendments and hopefully final pas- send a bill to the desk and ask for its day, January 27. I further ask unani- sage of the unfunded mandates bill. first reading. mous consent that on Friday the Jour- f The PRESIDING OFFICER. The nal of proceedings be approved to date, clerk will report. and the two leaders’ time be reserved RECESS UNTIL TOMORROW AT 9:30 The legislative clerk read as follows: for their use later in the day, and that A.M. A bill (S. 290) relating to the treatment of the Senate immediately resume S. 1, Mr. KEMPTHORNE. Mr. President, if Social Security under any constitutional the unfunded mandates bill. there be no further business to come amendment requiring a balanced budget. I further ask that the cloture vote before the Senate, I now ask unani- Mr. KEMPTHORNE. Mr. President, I scheduled for tomorrow be postponed mous consent the Senate stand in re- now ask for its second reading. to occur at 3 p.m., with the mandatory cess under the previous order. The PRESIDING OFFICER. Is there quorum under rule XXII being waived. There being no objection, the Senate, objection? The PRESIDING OFFICER. Without at 11:47 p.m, recessed until Friday, Jan- Mr. GLENN. Mr. President, I object. objection, it is so ordered. uary 27, 1995 at 9:30 a.m. January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 179 EXTENSIONS OF REMARKS

THE NATIONAL DIVIDEND PLAN Congress swung—and missed—with the The National Dividend Plan, by giving Budget Impoundment and Control Act, it every registered voter a stake in controlling swung and missed again with Gramm-Rud- Federal spending, will enforce discipline HON. W.J. (BILLY) TAUZIN man-Hollings, and then, called strike three— where it belongs: in the relationship between OF LOUISIANA the Omnibus Budget Reconciliation Act, not voters and their voices in Washington. With- IN THE HOUSE OF REPRESENTATIVES only did spending continue, but taxes were out a meaningful incentive for voters to de- increased. Wednesday, January 25, 1995 mand discipline in Federal spending on the Members of the Congress, House and Sen- part of legislators, legislators have no incen- Mr. TAUZIN. Mr. Speaker, for much of the ate, are again earnestly discussing the need tive to practice meaningful discipline. for discipline in spending, but build account- 103d Congress we were occupied with con- More to the point, since a properly estab- ing devices into a proposed Constitutional lished National Dividend Plan would elimi- cerns over the Federal budget deficit; we de- Amendment which will also provide loop- bated numerous and varied ideas to limit holes for minorities who would on the one nate deficit spending within a few years, a spending or raise revenue or accept some hand expand revenue and on the other limit five year period is built into the legislation, combinations of the two. The common goal spending. the American voter becomes a stakeholder has been to reduce the deficitÐa deficit that Instead of recognizing the futility of 535 in the economic success of America’s busi- both liberals and conservatives, Republicans Members of Congress trying to restrain ness enterprise. Buying American becomes not only a and Democrats, see as a threat to our national themselves from doing what 260 million statement of faith in America’s businesses economic health and long-term stability. We Americans want them to do, it’s time that we create an environment in which 260 mil- and industry, it also gives each voter a re- grappled with constitutional amendments to lion people demand that the 535 do what turn on his or her investment of time and en- gain a mandatory balanced budget and each needs to be done. ergy to the success of our nation’s produc- appropriation bill seems to bring new attempts The National Dividend Plan provides not tive enterprise. And, because America will to impose generic limits. We saw bills to cut only the opportunity, but also the demand. become more productive it will continue to spending across the board, to target programs After forty years ‘‘in the wilderness,’’ it is an be the most successful exporter of national ranging from the tea tasters to the B1 bomber, idea whose time has surely come. In 1952, goods and services in the world. all in an effort to get the deficit under control. having found some success for myself as I Finally, of course, it is important to un- pursued the American dream, I proposed a derstand that, while the proceeds of the Na- Through all this, Mr. Speaker, we have not program by which the public revenue from utilized the most effective resource this Nation tional Dividend are not taxable, the earned the profits of the industrial might of Amer- income of citizens is. A vibrant economy will has to accomplish this critical task. We have ica—Federal corporate income tax reve- continue to generate Federal funds to meet not given the American voter a tangible stake nues—be returned directly to the people of truly national needs—and the growth of in this Country's financial progress. The Na- America, the source of that might. It was, business and industry generated by increases tional Dividend Plan [NDP], an idea born in for its day, a radical national ‘‘employee in productivity and the competitiveness of stock ownership plan.’’ In a simpler time, a the fifties in the mind and heart of John J. American goods and services will mean that time of only marginal deficits, and occa- America’s Federal enterprise can grow as the Perry, Jr., and which I have introduced as sional surpluses , it was just a way to ‘‘in- nation grows, and even meet important new H.R. 430, does just that. vest’’ each voting citizen with a stake in in- The NDP doesn't just encourage citizen increasing the economic might of the nation— needs. But the practice of responding to spe- volvementÐinvolvement is guaranteed emphasizing American industry—and by par- cial interests, ‘‘oiling’’ the hundreds of through the sharing of the Federal profits of ticipating in the political process—reg- squeaky wheels that now make up not only istered voters would become actors in ‘‘grow- our Federal programs but the way that we corporate enterprise. This profit sharing is legislate, will have to pass the ‘‘means’’ test: achieved by redirecting revenue collected from ing’’ America. The National Dividend Plan is majestic in Is it worth it if it means that my dividend is the corporate income tax from Federal coffers its simplicity: reduced? Some demands will meet that test: directly back to those who generated it: The 1. Create a National Dividend Trust Fund, certainly challenges to our national sov- American labor force. This would be done only financed primarily by Federal income taxes ereignty or national interests around the in years when the budget is balanced or in on corporate profits and capital gains taxes; world which may demand defense expendi- surplus, giving all voting citizens a direct stake distribute the revenues from the Fund, quar- tures, unusual events such as the disasters in the outcome of the Federal budgeting proc- terly, equally to all registered voters, tax- which have occasionally resulted in our peo- ess. free ple demonstrating that we are the most com- 2. Impose a five-year spending freeze on the John Perry is a successful businessman passionate nation on earth, and other events Federal government as the Fund is estab- which may call on our enlightened self-inter- and philanthropist. He recently wrote of the lished and adjustments are made in Federal est to meet out national interest. NDP and I want to share his thoughts with my budgeting. America is a nation built on a free econ- colleagues. I hope it will help persuade each 3. To eliminate, and restrain, Federal defi- omy, but its economy is no longer free—it is of you to join me in this effort. cits, provide that no distributions from the captive to the 35 years of deficits since the THE NATIONAL DIVIDEND PLAN: IT’S TIME Trust Fund be made to individuals until the last balanced budget. Only the people of Federal budget is in surplus—because each (By John H. Perry, Jr.) America, whose self-interest and generosity registered citizen-voter is equally entitled to generated the budgetary nightmare we now ‘‘It’s spending, stupid!’’ Fund distributions, each citizen, rich or face wake up and bring a bright new day. For Fiscal Year 1996, the President’s budg- poor, becomes equally vested with an inter- The National Dividend Plan gives Ameri- et proposes spending of $1.518 trillion—that’s est in critically weighing Federal program- ca’s voters not only the opportunity to con- $2,880,000 every minute of every day. And we ming. tinue to generously meet national needs, but will pile up an additional $176 billion of debt 4. Eliminate the double taxation of cor- the self-interest to demand that those needs even while we are paying net interest of porate dividends for stockholders. $198.8 billion on our existing national debt of 5. Freeze the corporate tax at current rates meet the test of being measured by the light $4.6 trillion. Think of it, how would you to provide economic stability. of day. And legislators, who now seek shelter spend $48,000 a second next year? More im- Polls have consistently shown results in the ‘‘discipline’’ of a hazy Constitutional portantly, how could you do that knowing which indicate that the American public rec- Amendment will find the glow of a new day that it adds $335,000 a minute to your debt ognizes the need to limit spending and to of enlightened voter participation in the even while you pay $378,000 a minute in in- balance our national budget. Individuals budget process. H.R. 430, legislation imple- terest on existing debt. know that they must balance their check- menting a National Dividend Plan, is before If, resorting to the sport metaphor which books or face declining living standards and the 104th Congress. It’s time that we as vot- dominates much political discussion these limited options for future activity. At the ers demand of our legislators that they not days, it’s ‘‘Three strikes and you’re out!’’ same time. political realities have encour- only return to the citizenry a means by why is the hottest debate topic on Capitol aged legislators to respond to special inter- which to measure their economic manage- Hill these days the Balanced Budget Con- est constituencies rather than to make the ment of America, but also a share of the stitutional Amendment? We’re already out tough choices necessary to live within our means which measures the economic of the box. means. strength of America.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 180 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 CONCURRENT RESOLUTION EX- pose the high price tag and the generous Since the start of the session, Democrats PRESSING THE SENSE OF CON- delays offered to the North. There is growing had been using their morning speeches on GRESS WITH RESPECT TO THE popular South Korean sentiment that North the floor to attack the Republicans’ Contract RECONCILIATION OF NORTH AND Korea has outmaneuvered Washington and With America or complain about Republicans cutting them out of legislation. It sounded SOUTH KOREA marginalized the South's input into this issue. like old times—except Democrats are the This agreement may jeopardize an alliance chief winners now. HON. SCOTT McINNIS that has been very close and productive for Then on Wednesday, Rep. Carrie Meek, D– OF COLORADO many years. I believe we must move to reaf- Fla., ignited the melee with an innocuous IN THE HOUSE OF REPRESENTATIVES firm the importance of close United States co- comment about House Speaker Newt Ging- ordination with the South Korean Government. rich, R–Ga., and his potentially lucrative Wednesday, January 25, 1995 The Administration should take steps to book deal. Said Meek: ‘‘Exactly who does Mr. MCINNIS. Mr. Speaker, the Administra- guarantee that the implementation of the this speaker really work for? Is it the Amer- tion has in recent months claimed several for- agreement is linked to substantive progress in ican people or his New York publishing eign policy victories. However, American tax- house?’’ the reconciliation of North and South Korea. Wham! Rep. Bob Walker, R–Pa., one of the payers should recognize that one of these vic- To that end, the Administration should develop most incendiary House members when his tories, the recent accord between the United specific timetables for achieving measures party was in the minority, demanded that States and Communist North Korea, may which will reduce tensions between North and Meek’s comment be stricken from the prove extremely costly. South Korea. For example, specific timetables record. In Walker’s corner, acting Speaker The Administration has hailed the agree- should be developed for the prompt dismantle- Cliff Stearns, R–Fla., ruled Meek was out of ment as the beginning of the end of a perilous ment of North Korea's nuclear processing fa- order. nuclear crisis. But, the nuclear crisis appears cility. Timetables for the establishment of liai- In minutes, representatives of both stripes far from over since North Korea is not required son offices between North and South Korea cleared out of their offices and committee to dismantle all its nuclear facilities for at least meetings like baseball players emptying the should be developed. Mutual nuclear facility dugouts for a donnybrook over an umpire’s 10 years. The Administration has played down inspections between North and South Korea call. Then they put the issue to a vote and, the concessions the United States must pro- should be initiated. Furthermore, the Adminis- on strict party lines, 217–178, the Republican vide to North Korea within this ``gentlemen's tration should develop timetables for the es- majority prevailed. agreement''. Additionally, the Administration tablishment of a North-South joint military to It was a nasty moment. It got plenty of appears to have slighted the traditionally close discuss steps to reduce tensions between play in newspapers and on radio and TV. United States coordination with our democratic North and South Korea. But it wasn’t indicative of what really hap- and reliable ally, South Korea. The Administration should immediately ap- pened in Congress. Under the agreement, which was signed on point a presidential envoy to deal directly with To understand Congress, you must see the October 21, the United States will organize a House chambers as political theater. Re- the real leadership in Pyongyang. This presi- moved from political reality, the floor is consortium including South Korea and Japan dential envoy should be respected and experi- where actor/politicians deliver ideological to supply North Korea with two light-water re- enced in negotiating with Koreans. One of the soliloquies; where actor/politicians engage in actors. These reactors are less useful for envoy's first actions should be to call on the witty and well-planned dialogue; where bomb-making than the North's existing tech- North to resume substantive, high-level talks actor/politicians play for hometown audi- nology. In return, North Korea will freeze its with Seoul immediately ences with homespun stories; where actor/ nuclear program and promise to open its nu- Today, I, along with my colleagues Rep- politicians put their egos on display. The floor’s voting consoles are its only clear sites eventually to inspection. resentatives KIM (CA) and SOLOMON (NY), practical use. Almost no work is done there. A serious flaw is that the accord allows have introduced a concurrent resolution which North Korea to postpone United Nation's ``spe- outlines several steps I think the Administra- WHERE BUSINESS IS DONE cial inspections'' of its nuclear sites until one tion should take to strengthen the United To understand Congress, you must look at of the light-water reactors is nearly in place, a States-North Korea Agreed Framework. Like- the subcommittee politics. process that will take at least 5 yearsÐand wise, Senators MURKOWSKI, SIMON, ROBB and There weren’t too many stories Wednesday probably longer. HELMS have introduced identical legislation in about Rep. John Myers’ first day as chair- These inspections are necessary to deter- the other body. man of the House Appropriations sub- mine whether Pyongyang has extracted weap- I urge my colleagues in the House to join committee on energy and water. Here, courtesy, congeniality and ons-grade plutonium for its spent-fuel stock. me by cosponsoring this very important con- collegiality prevailed on a panel that con- We should take into account, though, that in current resolution. By taking these steps, the trols about $20 billion in federal spending. the last two years, Pyongyang has concluded agreement between the United States and the That’s $20 BILLION for water control and en- nuclear agreements with both the United Na- heavily armed North Korean regime may ulti- ergy programs. tions International Atomic Energy Agency mately be a success. Instead of the contentiousness that spilled (IAEA) and Seoul that it has failed to fulfill. f on the House floor, you saw Myers receive a The Administration offered North Korea eco- gracious introduction from the former chair- nomic and political benefits and granted the UNDERSTANDING CONGRESS man, Rep. Tom Bevill, D-Ala. Handing Myers the gavel, Bevill joked that North up to 10 years, or longer, to fulfill he would have to get used to sitting in the pledges it has already refused to honor. HON. ANDREW JACOBS, JR. smaller chair instead of the high-backed While these light-water reactors are being OF INDIANA chairman’s seat he had used for 18 years. assembled, a process that will take a decade IN THE HOUSE OF REPRESENTATIVES Myers jokingly replied that he had sold the or more, the United States-led consortium will Wednesday, January 25, 1995 chair, which got a laugh from Bevill. provide North Korea with free crude oil as an The truth is that Myers, out of respect for alternative energy source, gradually reduce Mr. JACOBS. Mr. Speaker, ``Oh what gift to Bevill, had the chair removed from the room trade barriers, work toward exchanging diplo- give us to see ourselves as others see us.''Ð altogether. Bevill had previously mentioned Robert Burns. to Myers that he would miss the comfort of matic missions and provide a negative security the big chair during interminable hearings. assurance. Following is an article from the Indianapolis Star. So Myers got rid of it and took a small Both Tokyo and Seoul officially welcomed chair himself. PARTISAN SPATS HAVE LITTLE TO DO WITH the agreement. However, the accord is draw- Myers’ act carried deep symbolism, and it REAL WORK OF THE HOUSE ing fire from South Korea's opposition Demo- didn’t go unnoticed by Bevill. cratic party (DP) as well as from conservatives (By George Statuville) In subcommittees, members of Congress with the majority party, the Democratic Liberal WASHINGTON.—Republicans and Democrats get to know each other. It’s where most of Party (DLP). The DP is decrying the cost to in Congress had been handling each other the unglamorous legislative work gets done. with kid gloves until last week. Then they Subcommittee politics are local, and a mem- Seoul of two light-water reactors, estimated as dragged out the old battle-scarred partisan ber’s standing with his or her subcommittee high as $4 billion, and the requirement to pay boxing gloves left over from the last session, is far more important than the bluster of the for the crude oil that is supposed to serve as laced them up and started duking it out. floor. North Korea's alternative energy supply. Con- But a brawl had been brewing for a few And in Myers’ subcommittee, bipartisan- servative members of the DLP similarly op- days. ship occupies the biggest chair. January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 181 TEEN PREGNANCY aid, and food stamps is attributable to place in New York City. A young man from the households begun by teen births, totaling $34 Bronx climbed over the guard rail of the HON. LEE H. HAMILTON billion in 1992. George Washington Bridge with the intention WHAT CAN BE DONE? OF INDIANA of jumping to his death. He had brought with There is no question that teenage parents IN THE HOUSE OF REPRESENTATIVES him a cellular telephone to place one last, bear daunting responsibilities, and many of desperate telephone call. Wednesday, January 25, 1995 them try very hard to be good parents. But Mr. Speaker, that telephone callÐto New Mr. HAMILTON. Mr. Speaker, I would like to there is also no question that we must do more to lessen the toll of teenage childbear- York radio personality Howard SternÐsaved insert my Washington report for Wednesday, ing. the young man's life. In one of his most impor- January 18, 1995, into the CONGRESSIONAL First, we must bring down the rate of teen- tant performances, Howard Stern talked to the RECORD. age pregnancy. We need to make teens better young man and kept him smiling and engaged TEEN PREGNANCY understand that their actions have very seri- until help could arrive. There is no doubt that all of us should be ous consequences for which they are ulti- Mr. Speaker, such is the popularity of Mr. concerned about the number of teenagers mately responsible. Many people say that it Stern's radio program, that it was Stern's audi- having babies. These young people must is futile to try to persuade teens to abstain ence which came to the rescue. A listener overcome formidable obstacles in order to from sex. But in my view, we have no other choice. Teens receive a lot of pressure to en- named Helen Trimble, who heard the event become independent adults capable of sup- unfold on her radio while driving on the bridge, porting themselves and their families. All gage in sex, and we need to create some pres- too often they fail, with dire consequences sure in the other direction. National leaders, pulled her car over at the sight of Prince and not only for parents and children but for so- the entertainment industry, and sports fig- enveloped him in a bear hug. Port Authority ciety. ures should all be part of such an effort, as police Lt. Stanley Bleeker, hearing the ex- should churches, schools, and most of all, TRENDS change between Howard Stern and the jumper parents. Teens need to know about the risks The U.S. has one of the highest teen preg- on his radio, immediately sent officers to the of premature sexual activity—not just preg- scene. The young man was soon brought to nancy rates of any western industrialized na- nancy, but also AIDS and other sexually tion. Before the end of their teenage years, transmitted diseases. This message must be safety. 43% of girls become pregnant. coupled with efforts to provide teens with Mr. Speaker, it is rare that an individual has While the birth rate for adolescents has the information, confidence and skills they this great an impact upon another's life. On generally declined in the last 30 years, births need to make good decisions. Parents must this occasion, Howard Stern came face to face to unmarried adolescents have steadily teach their children about responsible deci- with a situation for which no one can prepare. risen. In 1992, over half a million teens gave sion-making and sex. The message should be Mr. Stern's humanity showed through at this birth, and 71% of them were unmarried. In clear: becoming a parent as a teen is a bad 1991, 10% of all births in Indiana were to sin- crucial moment, and as a result a human life deal for their children. was saved. gle teens, compared to nine percent of all More difficult, but equally important, is to births nationally. give disadvantaged teens some hope for a Mr. Speaker, I ask the House to join me in While the number of unmarried teens giv- better future. Those who feel that their fu- congratulations and thanks to Mr. Howard ing birth has increased, the likelihood that ture goals would be jeopardized by becoming Stern for his wonderful humanitarian achieve- they will place their children for adoption a parent too early have real incentives to ment. has decreased. Furthermore, in most cases, delay parenting. Those who feel that they f the fathers of children born to teen mothers have no future do not. A number of private are adults. programs aimed at encouraging young people PREMIER LIEN CHAN CONSEQUENCES to stay in school and pursue postsecondary The escalating rate of out-of-wedlock teen education have shown promise. pregnancies has disturbing consequences. Second, we should develop ways to support HON. DONALD M. PAYNE First, teen mothers are more likely to be families of teenage parents without creating OF NEW JERSEY incentives for out-of-wedlock births. The economically disadvantaged before child- IN THE HOUSE OF REPRESENTATIVES birth, and usually remain poor after bearing challenge is to help the children of teen par- a child. Two-thirds of never-married mothers ents without making out-of-wedlock child- Wednesday, January 25, 1995 bearing an attractive alternative. Fathers now raise their children in poverty. Many Mr. PAYNE of New Jersey. Mr. Speaker, teens who become pregnant do not finish must be held responsible for the support of high school, and lack the skills necessary to their children. We must strengthen efforts to the attached paper entitled ``Premier Lien find secure employment. Unmarried teens establish paternity at birth and collect child Chan: His Views and Ideals'' was sent to me are also less likely to receive financial sup- support. by Winston L. Yang of Seton Hall University, port from the father. Some have suggested cutting off govern- my alma mater. Second, the human costs of teen pregnancy ment assistance to teen parents. But what I feel it is a most impressive paper and are substantial. Teen mothers are likely to happens to the children? I believe we should would like to share it with my colleagues. have another child, usually within two require teen parents to live at home and stay PREMIER LIEN CHAN: HIS VIEWS AND IDEALS years. These parents are even less likely to in school in order to receive government as- finish high school or to marry. In addition, sistance. Some teen parents, of course, come (By Winston L. Yang) their children tend to fare worse than those from abusive or unstable households and will Lien Chan has served as Premier of the Re- from two-parent families on measures of not be able to live at home. For these chil- public of China (ROC) for almost two years. health, education, and emotional and behav- dren, we should establish community-based During the past two years he has made sig- ioral adjustment. facilities to house and support young fami- nificant contributions to Taiwan’s mod- The strain of too-early childbearing on ad- lies while the mother completes school or ernization, democratization, and reform. olescent mothers is significant. They are job training. As a determined, formidable leader, Lien more likely to describe their children as Raising children is not easy, even for ma- Chan meets challenges well. Noteworthy aca- ‘‘difficult,’’ and are less likely than older ture adults. It is extraordinarily difficult for demic accomplishments, broad administra- mothers to provide adequate intellectual young people who are still growing up them- tive experience and a pragmatic approach to stimulation and emotional support. And teen selves. I believe that we must emphasize to governance are the foundation of his open- mothers also receive good prenatal care less teenagers that youthfulness does not absolve mindedness and tolerance, which are so sore- frequently than their older counterparts. them from responsibility for their actions. ly needed in a democratic and pluralistic so- Consequently, they have a higher rate of pre- At the same time, we have an obligation to ciety. These traits are vital to the fulfill- mature birth and low-birthweight babies. help young parents who are struggling to ment of constitutional democracy in the Re- Lastly, children of teen parents are much raise their children. public of China. Lien defines his Cabinet as a more likely to become teen parents them- f ‘‘multifaceted government,’’ and holds the selves—creating a cycle of poverty that is view that all administrative organs must difficult to break. TRIBUTE TO HOWARD STERN maintain political neutrality and act in ac- Not surprisingly, the costs to the public of cordance with the law, so that a fair environ- teenage childbearing are substantial. Three- ´ ment for competition among political par- quarters of single teenage mothers begin re- HON. JOSE E. SERRANO ties can be ensured and a model of political ceiving Aid to Families with Dependent Chil- OF NEW YORK pluralism upheld within a constitutional dren (AFDC) within five years of the birth of IN THE HOUSE OF REPRESENTATIVES framework. their first child. Nearly half of long-term Wednesday, January 25, 1995 As a champion of free-market economics, welfare recipients are women who gave birth Lien believes that the market should be the before age 17. One study has concluded that Mr. SERRANO. Mr. Speaker, on December primary force in determining the direction over half of the total costs of AFDC, Medic- 7 of last year a truly remarkable event took of economic growth. But he also believes the E 182 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 government is duty-bound to assist and en- anyone who has held locally elected office financial assets such as checking, savings, courage Taiwan’s businesses. Government knows, these years were filled with countless IRAs or 401(k) savings. support, he argues, helps entrepreneurs to meetings, weekend obligations and late night Another survey shows that the 76 million create wealth and earn profits that can be shared with society. phone calls. Americans in the Baby Boomer group are sav- The Premier is committed to improving But the commitment of these three officials ing at rates far below what they need to main- the welfare of the island’s disadvantaged to their friends and neighbors in Port Hue- tain their standard of living after retirement. groups, including persons of low-income, the neme hardly ended with their official city du- When we consider the prospect that Social disabled, laborers and farmers, aborigines, ties. All three took additional steps to even fur- Security may run out of funds early in the next and retired servicemen. He has established ther involve themselves in a variety of county century, the security of the Baby Boomers programs to solve the social problems aris- and statewide activities that benefitted a much looks poor indeed. We need to develop saving from the widening gap between Taiwan’s larger constituency. ings incentives that will make them more se- rich and poor. As a statesman, the scholarly Premier rep- Dorill Wright, for whom the city named its cure. I strongly support the use of the Individ- resents the progressive, moderate, reform- cultural center in 1988, served on the council ual Retirement Account for that purpose. minded native forces and exhibits a sense of for 24 years, 16 as mayor. A 1991 Money Magazine reader survey pragmatism and flexibility so necessary to A past director and president of the Port shows how popular the super IRA truly is with prudent governance. Idealistic, visionary, Hueneme Chamber of Commerce, he has the people we want to serve. 97 percent said and broad-minded, he nevertheless detests served on the Ventura County grand jury, the they would contribute to IRAs if IRAs were re- empty talk and demands concrete actions California Coastal Commission, local hospital stored; the remaining 3 percent were largely and realistic programs. Lien is personally in- boards and a wide variety of civic and govern- already retired. People made it clear they volved in policy-making and major decisionmaking, but he promotes the democratiza- mental groups far too numerous to list individ- would contribute new savings to their IRA. IRA tion of authority. He continues to delegate ually. popularity cut across all income groups. more powers and responsibilities to his min- Ken Hess, who served on the council for 12 The Super IRA gives Americans an oppor- isters that previous premiers. Inefficiency, years, has also been an active and involved tunity to have deductible IRAs or an IRA Plus factionalism, corruption, selfishness, rejec- member of his community. He has been a account in which earnings would be tax-free. tion of criticisms, and bureaucratic snobbery member and chairman of the Ventura County The super IRA, with its elimination of the 10 are the very problems he intends to reduce. Association of Governments, a member of the percent early withdrawal penalty for withdraw- Rejecting the Government’s internal divi- county's Drunk Driving Task Force and a past als for education, medical costs, buying sion and confrontation, the democratic- minded Lien stresses the need for coordina- president of the Port Hueneme Chamber of homes, long-term care and times of unemploy- tion, cooperation, and consensus (the three Commerce. ment, provides a savings vehicle which gives C’s). With a strong sense of responsibility, he Jim Daniels, a Port Hueneme resident for working families the liquidity they want and scorns personal dictatorship in the post of more than 40 years, spent 8 of those years on may need. With both parties now endorsing premier, and advocates coordinated team the city council and has more than lived up to the IRA as a means of helping middle income work. As a scholarly statesman, he expects the designation he earned back in 1963, Port Americans, I hope my colleagues will join me thorough investigations and research to be Hueneme Citizen of the Year. in cosponsoring the Super IRA. the foundation of decisions. Fearless of ob- With Dorill and Ken, he helped the council stacles, setbacks, and difficulties, Lien ac- f cepts challenges and rejects a defeatist atti- develop the city's cultural center and the Ray tude. His primary concern is the prosperous Prueter Library, helped supervise the renova- REPUBLICAN MANDATE WITH THE future of the ROC. Idealist yet pragmatic, tion of the Orvene Carpenter Community Cen- PEOPLE flexible yet firm on principles, he is strongly ter and the badly needed widening of Pleasant attached to the soil of Taiwan. But though Valley Road. In addition to his council duties, profoundly rooted in Taiwan and committed Jim has played a leadership role in many HON. RON PACKARD to the ‘‘Taiwanization’’ of the island, he is community groups and advisory boards. OF CALIFORNIA nevertheless deeply concerned with the fu- Mr. Speaker, these three men have made a IN THE HOUSE OF REPRESENTATIVES ture of China and the ultimate reunification of Taiwan and the mainland. His forthright difference in their community, the county and Wednesday, January 25, 1995 leadership style does not hinder his consider- their State through their hard work and dedication. I ask my colleagues to join me in saluting Mr. PACKARD. Mr. Speaker, the President ation or acceptance of different views and covered a lot of ground last night. The Presi- ideas that will enhance the lives of the Tai- their efforts today and wishing them all the wan people. best in the future. dent indicated that he heard the voters' message for change and seemed to try to bridge A champion of reform, democratization, f Taiwanization, and native rule, Lien Chan the gap between where his agenda was going represents a new generation of moderate, THE ‘‘SUPER IRA’’ PROPOSAL and where Congress in now headed. How- dedicated, pragmatic, well-educated, highly- ever, the American people know that the devil experienced, and internationally-minded na- is in the details. The American people are tive leaders in the dawn of a new era. He is HON. WILLIAM M. THOMAS OF CALIFORNIA tired of empty promises and unrealistic rhet- the very kind of leader who will be able to oric. They want results. Our Republican Con- lead Taiwan through its very difficult transi- IN THE HOUSE OF REPRESENTATIVES tract With America Delivers just thatÐan ag- tion to a highly developed, thoroughly mod- Wednesday, January 25, 1995 ernized, and fully democratized society—in- gressive agenda for change. deed, this is Lien’s historic task and chosen Mr. THOMAS. Mr. Speaker, I am very The people rejected liberal, big government mission. pleased that a consensus is finally emerging ``business as usual'' in November. They over- f in favor of restoring the utility of Individual Re- whelmingly endorsed our Contract With Amer- tirement Accounts. President Clinton wants ica. We welcome the President to join us in SALUTE TO DORILL B. WRIGHT, them back and so do many Members of this passing that contract. KEN HESS,AND JAMES DANIELS body. Republicans have a specific, positive man- As the sponsor of the House super IRA pro- date with AmericaÐless spending, less regu- HON. ELTON GALLEGLY posal being introduced today and the cospon- lation, and less government. On the very first OF CALIFORNIA sor of prior bills, I have long felt we need to day of the new Congress, we changed the IN THE HOUSE OF REPRESENTATIVES give ordinary Americans more reasons to save way Congress does business. This week we for their own retirement. The Individual Retire- continue to change the business Congress Wednesday, January 25, 1995 ment Account is one of the best savings in- does. Mr. GALLEGLY. Mr. Speaker, I rise today in centives we have ever developed. Republicans will continue to keep their recognition of three selfless and tireless public The need to expand savings is clear. Ameri- promise with the people by passing a bal- servants who, for many years, have made it cans typically save less than people in other anced budget amendment and unfunded man- their business to make life better for the peo- countries and the effect of their habit is clear. dates legislation. We are going to stay fo- ple of Port Hueneme. A Merrill Lynch survey shows half of American cused on our mandate with the American peo- Dorill B. Wright, Ken Hess, and James Dan- families have less than $1,000 in net financial ple. We are committed to moving forward with iels have spent a combined total of 44 years assets. Even those within 10 years of retire- the contract we made with the voters of Amer- on the Port Hueneme City Council and, as ment (ages 55 to 64) only have $6,880 in net ica. January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 183 PERSONAL EXPLANATION Federal grants to state and local govern- If Congress does pass a balanced budget ment this year will total $230 billion, and amendment and begins implementing it with will account for nearly a fifth of state budg- deep spending cuts, states would be hard HON. HARRIS W. FAWELL ets. The payments include the $5 million al- pressed to maintain the same level of serv- OF ILLINOIS located to the ‘‘distance learning and medi- ices without increasing taxes substantially, IN THE HOUSE OF REPRESENTATIVES cal link program’’ benefiting rural commu- according to data published in the current nities and the $89 billion it pays out under Wednesday, January 25, 1995 issue of Newsweek. Medicaid for the medical care, rehabilitation Louisiana, home state of Rep. Bob Living- Mr. FAWELL. Mr. Speaker, during consider- and nursing home bills of poor or, elderly ston (R), chairman of the House Appropria- ation of amendments to H.R. 5, the Unfunded state residents. tions Committee, would have to raise its Mandates Reform Act of 1995, I was recorded The tax exemption of state and municipal taxes by 27.8 percent to keep up. bonds, and the deductibility of most state Other poor states such as Mississippi and as voting aye on roll call vote 26. This vote and local taxes under federal income tax law was on an en block amendment offered by Mr. Tennessee would not be far behind. Richer will be worth another $68.9 billion in 1995, ac- states, including Maryland and Virginia, GREEN (D±TX), and my vote should have cording to the Office of Management and would feel relatively little effect. been recorded as a nay in this instance. I Budget. ‘‘We as a nation collectively decide to would ask that the record reflect my opposition By issuing bonds on which interest pay- achieve a certain objective, which can be to the Green amendment numbered 26. ments are exempt from federal taxes, local paid for at the national level or in some com- jurisdictions can pay less interest to borrow- bination of the state and local level,’’ said f ers than if the income were taxed. Allowing Robert D. Reischauer, director of the Con- taxpayers to deduct local income and prop- gressional Budget Office. UNFUNDED MANDATES REFORM erty taxes make it easier for cities, states The real issue, he added, is whether the ACT and counties to raise revenues. In addition, the federal government sub- federal government is imposing obligations HON. JOHN D. DINGELL sidizes local governments in dozens of hidden on local jurisdictions which they would ways, such as allowing states to shift parts choose not to provide on their own. OF MICHIGAN of existing health programs into Medicaid, In the case of laws requiring local jurisdic- IN THE HOUSE OF REPRESENTATIVES qualifying them for federal matching funds. tions to meet certain environmental, safety or health standards, the federal government Wednesday, January 25, 1995 This is the part of the story that Demo- crats and some Republicans in Congress say has often backed up its mandates with large Mr. DINGELL. Mr. Speaker, as the House is not getting through in the debate over un- sums of money covering most, if not all, of continues to debate H.R. 5, the Unfunded funded mandates, which are federal require- the costs. Mandates Reform Act, I think it is important ments that states take certain actions but Since passage of the Clean Water Act of 1972, the federal government has spent more that we consider some of the insights dis- for which the federal government provides no than $60 billion on local water and sewer cussed in an article which appeared in the money. ‘‘The issue of unfunded mandates is very projects. More recently, the federal crime Washington Post on January 22. legitimate,’’ said Rep. David R. Obey (D- bill passed last year calls for the federal gov- I commend this article to my colleagues and Wis.), ranking member of the House appro- ernment to spend billions over six years to hope that reflection on the facts will yield a priations Committee. ‘‘But you have to dis- pay for hiring 100,000 new police officers and more common sense mandates relief bill. tinguish between what’s legitimate and what building more prisons. [From the Washington Post, January 22, isn’t.’’ Although governors have been complaining 1995] Obey said it was proper for states such as about rising costs of the Medicaid health California, Florida, Texas and New York to program for the poor, the federal govern- GOVERNORS BITE HELPING HAND IN MANDATES demand the federal government do more to ment pays nearly 60 percent of the overall FIGHT—FEDERAL PAYMENTS, BREAKS ON defray the financial impact of refugees and costs and, in the cases of poor states, as TAXES SUBSIDIZE STATES illegal immigrants. much as 79 percent. (By Dan Morgan) In fact, the Justice Department has begun Beginning in the late 1980s, states were California Gov. Pete Wilson (R) has scored expediting payments of $33.4 million to Cali- confronted by slackening tax revenues and political points with voters and fellow gov- fornia, and smaller amounts to six other recession-driven demands on social services. ernors by blasting the federal government states, to help cover costs of imprisoning il- Many responded not by tightening belts but for making his state pay the medical, edu- legal immigrants, the Los Angeles Times re- by using a loophole in Medicaid rules to ex- cational and correctional costs of illegal im- ported in October. tract billions of additional federal Medicaid migrants—who he says are in California only But Obey said Wilson ‘‘ought to be dollars from Washington. because of the failure of federal immigration ashamed of himself coming here with his Federal Medicaid payments to states under policy. hand out for federal aid because [flood vic- an obscure program that subsidizes hospitals Wilson contends, Washington should pick tims in his state are suffering the con- treating large numbers of low-income pa- up the bill. sequences of decisions by local zoning and tients went from $300 million in 1989 to $10.8 But when it comes to paying California’s 10 building authorities.’’ billion in 1992, while there was little increase percent share of the costs of rebuilding pub- Obey, who said he was fighting mad about in state money going into health care. lic facilities after the 1994 Los Angeles earth- California’s slowness in coming up with its New Hampshire, for example, used the no- quake, Wilson is the deadbeat. California share of earthquake money, said this week strings-attached federal money to prop up voters in June defeated a ballot initiative to he will introduce legislation that would re- the state budget and avoid imposing new raise the money. Wilson, who promised to place the current practice of direct federal taxes. cut state taxes despite a budget deficit, owes aid for disasters with a private insurance An August General Accounting Office re- Washington $90 million and has yet to say plan into which states would contribute port concluded some states ‘‘used illusory how he will come up with the money. their own money, with premiums based on a approaches to shift the costs of the Medicaid The federal government, by contrast, has risk assessment. program to the federal government.’’ shelled out or obligated nearly $1.2 billion of Some legislators say the implications for Many other benefits the states receive $2.8 billion promised for repairs of facilities local jurisdictions of the GOP-backed con- from the federal government are not readily from buildings to sewer lines, and Wilson is stitutional amendment to require a balanced apparent, but are well known to governors seeking another $500 million in federal relief federal budget by 2002 are far more dire than and county executives. as a result of the recent mudslides and floods whatever relief a reduction in unfunded man- For example, the federal government rein the state. dates might provide. turns half of the revenues it receives from Such broad-based federal assistance to ‘‘To think, as many Republicans do, that the sale of minerals, timber and other com- every state represents the other side of the the federal government can just get out of modities on public lands—a total of $1.3 bil- debate about the financial burdens the fed- all of this—nothing in health care, nothing lion a year—to states, counties and local eral government places on states, counties in welfare, nothing in highways and let the road and school districts. Portions of what is and cities. While governors and the Repub- states and locals go off on their own—that’s left is allocated to fighting fires, killing lican majority in Congress press for legisla- crazy. You pass a balanced budget amend- predators and eradicating troublesome weeds tion that will make it more difficult for Con- ment, let me tell you, there won’t be any such as the creosote bush. gress to impose rules and regulations that flood aid anymore and there won’t be any People should not be ‘‘slapping [Washing- cost local jurisdictions money, local govern- earthquake aid. Maybe that’s what we want ton] with one hand while they have the other ments continue to take for granted enor- to do,’’ House Minority Leader Richard A. hand out,’’ a House Democratic congres- mous federal subsidies and benefits. Gephardt (D-Mo.) said recently. sional aide said. E 184 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 INTRODUCTION OF ‘‘THE SECURI- tween offered legislative proposals, we care- reational boaters across this Nation. The bill I TIES LITIGATION EQUITY ACT fully crafted this legislation so that it can be am introducing today would increase the level OF 1995’’ supported by Members from both parties, both of safety enjoyed by recreational boaters by bodies of Congress, and the key industries increasing the penalties for boating while in- HON. NORMAN Y. MINETA and associations affected by these practices. toxicated [BWI], requiring children to wear per- OF CALIFORNIA f sonal flotation devices onboard vessels and IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO CASEY HEADRICK personal watercraft, and requiring the Coast Wednesday, January 25, 1995 WILLIAMS Guard to develop plans related to mandatory Mr. MINETA. Mr. Speaker, I rise today to in- boating education and certification, and boat- troduce the Securities Litigation Equity Act of HON. EDOLPHUS TOWNS ing accident reporting. 1995 for myself and my colleague, ANNA OF NEW YORK Mr. Speaker, during the last Congress, the ESHOO. IN THE HOUSE OF REPRESENTATIVES Merchant Marine and Fisheries Subcommittee on Coast Guard and Navigation conducted an We do so with the understanding the impor- Wednesday, January 25, 1995 tance of a securities litigation system that al- oversight hearing on the National Transpor- lows private citizens to bring suit for securities Mr. TOWNS. Mr. Speaker, I would like to tation Safety Board's [NTSB] recreational fraud. The securities suit, when used properly, pay tribute to Mr. Casey Headrick Williams, boating safety study. In that study, NTSB protects the integrity of the market and guards Sr., born on January 1, 1910, to the late Jim found that alcohol use was involved in at least individuals against reckless and criminal be- and Betty Williams in Cerro Gardo, NC. As a half of all boating accidents and that 85 per- young teen, Casey gained a reputation for havior by people who invest their money. cent of those who drown in recreational boat- being an excellent baseball player and trav- Those investments could be a retirement fund ing accidents were not wearing personal flota- or a child's education fund or a down payment eled throughout the State competing in baseball. tion devices [PFD's]. on a home. In any case, the investor deserves In their conclusions, NTSB recommended the right to legally challenge fraudulent behav- In 1925, the Williams family moved to that comprehensive BWI laws be imple- ior where it truly exists. Chadbourn, NC where they immediately be- mented, that minimum recreational boating However, Mr. Speaker, the system has came members of the Mount Moriah Baptist strayed from that honorable intent. Knee-jerk Church. Shortly after moving to Chadbourn, safety standards be established, and that in- reaction suits filed by attorneys working with Casey, met Lella Lewis, the oldest daughter of formation about fatal or serious boating acci- professional plaintiffs have severely con- Arch and Princess (Pennie) Lewis; and, on dents be submitted to the U.S. Coast Guard. stricted the flow of information emerging from March 5, 1929, Casey and Lella were united I support many of the recommendations of technology industry leaders. More importantly, in holy matrimony. This union was blessed the National Transportation Safety Board and the costs incurred by high-risk industries have with 16 children. have incorporated some of their suggestions gone up. This is extremely disturbing when Mr. Williams is completely dedicated to his within this legislation. you consider the high costs these companies family. The family always had breakfast to- Mr. Speaker, section 2 of my bill would re- face naturally because of the types of services gether on Sunday morning at which there was duce boating deaths and serious accidents re- they provide. These costs, in the form of high- a family prayer and each family member related to alcohol use. Section 2 requires the er insurance premiums, legal fees and out of cited a Bible verse. Mr. Williams has always Coast Guard to develop a program in co- been a dedicated breadwinner for his familyÐ court settlements, result in less capital for the operation with State officials to reduce boating at times holding multiple jobs simultaneously R&D investments U.S. high-tech companies accidents by concentrating enforcement of and commuting over 100 miles daily to work. use to maintain their position at the cutting BWI laws in areas where many boating acci- edge of the world market. For several years, he successfully managed the local candy store. Mr. Williams also dents have occurred. Several States have im- For these reasons, securities litigation re- plemented successful programs of this type, form is a top priority for our Nation's high tech- worked as a manager in the manufacturing and national cooperative effort would reduce nology community. Since 1988, 19 of Silicon field. After this schedule became too strenu- boating accidents across the Nation. Valley's 30 largest companies have been hit ous, Mr. Williams decided to become a share- with securities suits. Even the most hardened cropper and lived in various parts of Columbus Section 3 and 4 are related to the use of cynics cannot believe that nearly two-thirds of County. In addition to love for God, Mr. Wil- personal floatation devices onboard rec- Northern California's largest high tech compa- liams has always stressed the importance of reational boats and personal watercraft. Sec- nies are guilty of fraud. Rather, we support the hard work, discipline, and education, although tion 3 requires children 12 years of age and contention of companies in our districts that his formal education did not extend beyond younger to wear personal floatation devices, there exist fundamental flaws in our securities the sixth grade. unless they are in enclosed cabins on the litigation system. These flaws reward abusive Mr. Williams recently celebrated his 85th boat. Section 4 requires the Coast Guard to and frivolous suits, and cost our Nation's most birthday. In these, his sunset years, he is now submit to Congress a plan to approve full competitive industries millions of dollars in able to spend more time with his family and inflationable life jackets for use by certain indi- legal fees and forced settlements every year. enjoying his hobbies, which include gardening viduals under appropriate conditions. It is for these reasons that we introduce this and freezing the vegetables he grows. Re- According to Texas State boating officials, cently, Mr. Williams has become a very good legislation. The reforms we are proposing in- 71 people drowned in boating accidents in our fisherman under the tutelage of his nephew, clude a moderate but substantive package of State last year. Based on their educated anal- Paul. Mr. Williams has also continued his life- reforms that will address the systematic incen- ysis, these boating officials believe that more tives for abuse and retain the rights of individ- time involvement in the politics and civic matters of the community and surrounding areas. than 50 percent of those Americans would not uals to bring legal action where appropriate. have lost their lives if they had been wearing Our legislation would address the major Although Mr. Williams does not have enormous tangible richness, he considers himself personal floatation devices. problems that currently exist in the system by: Sections 5 and 6 would improve the infor- Eliminating liability for companies when a to be a wealthy man. His wealth is evidenced mation that is received by Federal and State stock broker or analyst distributes inaccurate by the respect that other members of the com- boating officials on recreational boating acci- information not attributed to the company. munity have for him, the love of his family, Reforming the pleading, burden of proof and and his place in the Kingdom. dents. Section 5 implements a recent sugges- discovery processes; f tion by the National Transportation Safety Giving greater control of the litigation to the Board and requires the Coast Guard to imple- INTRODUCTION OF THE REC- ment an information system for boating acci- plaintiffs over the attorneys; and REATIONAL BOATING SAFETY dent information similar to the one presently Eliminating many of the abusive practices ACT OF 1995 currently used by the plaintiff's bar. It is my hope that as the Commerce Com- HON. JACK FIELDS mittee marks up legislation for consideration OF TEXAS by the whole House, it will accept a substan- IN THE HOUSE OF REPRESENTATIVES tial number of the provisions in our billÐsome of which are new, and many of which have re- Wednesday, January 25, 1995 ceived the benefits of close public scrutiny. Mr. FIELDS of Texas. Mr. Speaker, safety is Recognizing that a gap currently exists be- the primary concern of the millions of rec- January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 185 operated by the National Highway Traffic Therefore, today, Mr. Speaker, more than make sure that they received accurate and Safety Administration that compiles highway 50 years after the tragedy of the Hungarian timely responses to their inquiries. The high accident information. Section 6 requires the Holocaust, I invite my colleagues to join me in standard of service that Tom maintained is an Coast Guard to submit a plan to appropriate honoring the diligent efforts of Anita Semjen in example for all of us in public service to emu- congressional committees to increase report- reminding us of the grievous memories of the late. ing of boating accidents nationally. past and of the lessons history teaches us in I am honored to rise in tribute to the years Sections 7 and 8 of my bill require manda- the interminable fight against cruelty and op- of dedicated service rendered by Federal em- tory boating safety education under certain cir- pression. ployee Thomas J. Stewart, Jr. His three and cumstances. Section 7 requires individuals f one-half decades of professionalism constitute who violate the BWI laws to complete a boat- a legacy that is unparalleled. His talents and ing safety course that is acceptable to the TRIBUTE TO CAROL LYNN KELLEY record of excellence will be greatly missed. Coast Guard. Section 8 requires the Coast f Guard to develop a plan for education and HON. THOMAS M. DAVIS certification of individuals who operate rec- OF VIRGINIA TRIBUTE TO JUSTICE FRED L. reational vessels. After we have experience IN THE HOUSE OF REPRESENTATIVES HENLEY with this program nationally, we may find that Wednesday, January 25, 1995 we can increase the age of individuals subject to these education requirements to gradually Mr. DAVIS. Mr. Speaker, I rise this morning HON. IKE SKELTON educate the entire boating public. to pay tribute to one of our outstanding citi- OF MISSOURI Mr. Speaker, this bill contains extremely val- zens in Virginia's Eleventh Congressional Dis- IN THE HOUSE OF REPRESENTATIVES trict, Carol Lynn Kelley of Lake Barcroft. uable changes to the laws designed to protect Wednesday, January 25, 1995 the safety of our waterways. I urge my col- Carol, known as ``Kari'' to her friends, was leagues to support early action on this impor- born 40 years ago in Woonsocket, RI, to Mar- Mr. SKELTON. Mr. Speaker, today I wish to tant piece of legislation so that we can help to garet and Stacia Klara. A 1972 graduate from pay tribute to former Missouri Supreme Court ensure that more people do not lose their lives Woonsocket High School, she graduated from Chief Justice Fred L. Henley, who recently on our Nation's waterways. Vassar College in 1976, and obtained her law passed away in Jefferson City, MO. Born Oc- f degree from Case Western University School tober 25, 1911, in Caruthersville, MO, Chief of Law in Cleveland in 1979. She practiced Justice Henley was an outstanding Missourian IN RECOGNITION OF ANITA law in Cleveland until 1985, when she moved who served many appointments within the SEMJEN to Fairfax County, VA. Missouri justice system. After being admitted to the Virginia Bar she In 1934, he received his bachelor of laws HON. TOM LANTOS practiced law in Northern Virginia from 1986 to degree from Cumberland University in Leb- OF CALIFORNIA 1992. At that time Kari decided to devote anon, TN. In 1935 he was admitted to the Mis- IN THE HOUSE OF REPRESENTATIVES more time to her two young daughters, Eliza- souri bar. Ten years later he was admitted to beth (Lizzy) and Allison and the community the bar of the Supreme Court of the United Wednesday, January 25, 1995 where she and her husband Tim make their States. Mr. LANTOS. Mr. Speaker, I rise today to home. He established a general law practice in honor and commend Ms. Anita Semjen, direc- Kari has been active in the PTA's at Ellen Caruthersville, MO in 1936. That same year tor of the Cultural Exchange Foundation, for Glasgow Middle School and Pinecrest School. he was elected city attorney, a position he her exceptional efforts in keeping alive the She is an active Brownie leader in Falls held for 3 years. In 1939, he was appointed memories of the victims of the Holocaust. Church and a member of St. Anthony's Catho- city counselor. He was city counselor until Ms. Semjen is currently the director of the lic Church. 1942 when he went to serve in the U.S. Army Cultural Exchange Foundation, a Washington, Last year Mrs. Kelly was appointed to the Air Corps, in 1946 he was commissioned a D.C.-based, non-profit organization promoting Fairfax County Civil Service Commission, a major in the U.S. Air Force Reserve. Hungarian-American cultural exchanges. Her body which adjudicates disputes in the Fairfax After his military service, Henley served as most recent effort involve ``Victims and Per- County government and makes recommenda- judge of the 38th Judicial Circuit from October petrators,'' an exhibition which is scheduled to tions on civil service policy. 1955 to February 1960. Afterwards returning be shown in Budapest, Hungary on February Mr. Speaker, I know my colleagues join me to private practice forming the firm Henley and 26, 1995. Following its presentation at the Bu- in honoring Kari Kelley, an outstanding moth- Fowlkes. dapest Jewish Museum, the works will be dis- er, attorney, civic activist and civil service Appointed chairman of the Missouri State played in several major United States cities, commissioner as her friends and community Highway Commission in December 1961, a eventually entering the collection of the United leaders honor her on Saturday, January 28, position he served until April 1964 when he States Holocaust Memorial Museum. 1995, at the Morse Estate in Falls Church. was appointed to the Missouri Supreme Court. ``Victims and Perpetrators'' presents the f Originally appointed by Governor John M. Dal- works of Ilka Gedo and Gyorgy Roman, artists ton, Henley remained on the court for a 12- who lived through the Hungarian Holocaust, in TRIBUTE TO THOMAS J. STEWART, year term that ended in December 1978. From which some 500,000 Hungarian Jews were JR. 1969 throughout 1971, he served the court as taken to German concentration camps and Chief Justice. murdered. Ilka Gedo's drawings from the Bu- HON. BARBARA B. KENNELLY Judge Henley also belonged to, and led, dapest ghettos expose painful memories of OF CONNECTICUT many civic and fraternal organizations within the past. IN THE HOUSE OF REPRESENTATIVES his community. He was an active member of Gyorgy Roman, reputedly Hungary's most the Presbyterian Church. Other organizations emulated artist, has sketched scenes from Wednesday, January 25, 1995 include, Caruthersville Lodge No. 461, A.F. & court proceedings of the war criminal trials. Mrs. KENNELLY. Mr. Speaker, I rise today A.M.; and Missouri Consistory No. 1, M.R.S.; Ms. Anita Semjen found Roman's sketch work to recognize the career of Thomas J. Stewart, the Moolah Temple, St. Louis; Post 88 of the through a combination of determination and Jr., who is retiring this month after 33 years of American Legion in Pemiscot County; the luck, which has led to its first ever public service with the Social Security Administration. American Bar Association; and the Missouri showing in ``Victims and Perpetrators.'' Both Tom began his career with the Social Secu- Bar Association; the 38th Judicial Circuit Bar artists' works are unique for their extraordinary rity Administration in 1961 and worked in nu- Association; the Caruthersville Rotary Club; insight coupled with their artistic value and inti- merous offices in various capacities through- the Caruthersville Board of Education; the macy of perception. out the State of Connecticut. Most recently, he Pemiscot County Chapter of the American Ms. Semjen demonstrates an admirable unserved as liaison for Connecticut's congres- Red Cross. derstanding of the arts and peoples of both sional delegation. A devoted person in all he undertook, Judge the United States and Hungary. At a time It was in that role that I had the opportunity Henley will be missed by all who knew him. I when innocent peoples still fall victim to reli- to observe the commitment that Mr. Stewart urge my colleagues to join me in my condo- gious and ethnic persecution, Ms. Semjen's had to the constituency he served. He under- lences to the family that he leaves. Survivors exhibition rekindles our often passive con- stood how important Social Security was in include three daughters, Sally Kate Sisson, science. their lives and he endeavored diligently to Lynda Wayne Walters, and Karen Janet E 186 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 Currie; one son, Joseph Oliver Henley, and Congratulations and best wishes for health Maradian, Sabrina M. Meier, Ryan D. Offutt, three grandchildren. and happiness today and for many years to Neil A. Reyes, Hannah R. Riordan, Claudia come. V. Rocha, Michael J. Ryan, Estevan O. f Sanchez, Tarik D. Scarlata, James D. Stone, f THE MEXICAN BAILOUT Rosalind V. Thompson, Corey S. Tucker, HONORING CONGRESSIONAL Lakisha M. Vaughn, Emily J. Waldon, Brian PAGES R. Wellman, Hubert E. Wells, Vincent G. Wil- HON. BOB BARR helm, John C. Williams, Aaron B. Willimson. OF GEORGIA HON. DALE E. KILDEE f IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN REINVENT THE WELFARE OFFICE Wednesday, January 25, 1995 IN THE HOUSE OF REPRESENTATIVES Mr. BARR. Mr. Speaker, why are the Amer- Thursday, January 26, 1995 ican people being asked to bail out the Mexi- HON. ROBERT MENENDEZ Mr. KILDEE. Mr. Speaker, I would like to OF NEW JERSEY can economy to the tune of $40 billion? take this opportunity to express my personal IN THE HOUSE OF REPRESENTATIVES Despite listening for 2 hours to administra- gratitude to all of the Pages who have served tion officials this morning at the Banking Com- so diligently in the House of Representatives Thursday, January 26, 1995 mittee hearing, I still fail to understand why we during the 103d and 104th Congresses. Mr. MENENDEZ. Mr. Speaker, today I am should be expected to put the full faith and We all recognize the important role that con- credit of the United States on the line for a introducing the Family Service Center Act au- gressional Pages play in helping the House of thorizing modern one-stop centers consolidat- country that has a long and painful past of un- Representatives operate. This group of young disciplined financial mismanagement. ing services and information for families need- people, who come from all across our Nation, ing aid to become self-sufficient. I cannot support some hastily slapped-to- represent what is good about our country. To gether financial deal, especially in the absence The Family Service Center Act would fund become a Page, these young people have demonstration projects in urban, rural, and lin- of the President providing a coherent policy. proven themselves to be academically quali- The President has an obligation to formulate a guistically and culturally diverse communities. fied. They have ventured away from the secu- Centers would be single neighborhood access viable program that will guarantee Mexico's in- rity of their homes and families to spend time flationary policies won't put Main Street Amer- points for a broad range of services for needy in an unfamiliar city. Through this experience, families with children. Centers would use con- ica another $40 billion in the hole. Last night they have witnessed a new culture, made new all he said wasÐwe need to bail out Mexico. solidated computer systems and communica- friends, and learned the details of how our tions technology to improve services while re- On top of all his rhetoric last night, the Presi- Government operates. dent spoke to the importance of the Nation ducing waste and duplication. As we all know, the job of a congressional There is significant waste in the welfare sys- pulling together and making sacrifices for the Page is not an easy one. Along with being greater good. I think it is unconscionable to tem that could be eliminated through the use away from home, the Pages must possess the of automation and new technology. In my ask 262 million Americans to bail out Mexico's maturity to balance competing demands for ruling elite. community of Hudson County, NJ, welfare offi- their time and energy. In addition, they must cials compared data bases with New York City Many Latin American countries, and not just have the dedication to work long hours and Mexico, have dismal track records when it and found 400 families collecting benefits on the ability to interact with people at a personal both sides of the Hudson River. The result will comes to paying back loans, whether they are level. At the same time, they face a challeng- from private, international or governmental be savings of up to $2 million per year. ing academic schedule of classes in the More savings will be achieved as automa- sources. It is no secret that Mexico has a stat- House Page School. ist economy, that has tenaciously clung to that tion links together more programs. For exam- The fall 1994 class of pages witnessed ple, Hudson County plans to check out-of- legacy since independence. The bottom line is many important and historical events and de- that statist economies do not work. They are State unemployment insurance records bates, including the approval of the General against the welfare rolls to detect unreported financially unstable and unreliable. Agreement on Trade and Tariffs, President This bailout idea looks more and more to income. Clinton's address to Congress and the Nation The taxpayers are not the only beneficiaries me like the first of what may be many more on his health care reform proposal. The Pages payments on a bad NAFTA deal. of this bill. New data systems at Family Serv- also were present for the historic speech by ice Centers could cut the mountains of redun- f President Nelson Mandela of South Africa to dant forms that frustrate and confuse clients. the joint session of Congress, and had the op- FIFTY YEARS OF MATRIMONY Families dealing with one office, applying for portunity to meet and speak with President aid through one form, and being tracked on a Mandela. The Pages also witnessed the or- single data base, need fewer intrusive home HON. MICHAEL P. FORBES derly transfer of power in the House from the visits by welfare workers checking for errors or OF NEW YORK Democrats to the RepublicansÐa tribute to fraud. IN THE HOUSE OF REPRESENTATIVES the strength of American democracy. Projects effectiveness in streamlining serv- Wednesday, January 25, 1995 I am sure the departing pages will consider ices and cutting costs would be subject to rig- their time spent in Washington, DC to be one Mr. FORBES. Mr. Speaker, a romance out orous State and Federal evaluations. After 3 of the most valuable and exciting experiences years, projects could be renewed for an addi- of the lore of Hollywood has now reached 50 of their lives, and that with this experience years in my home district in Smithtown, Long tional 3 years if they demonstrate effective- they will all move ahead to lead successful ness in achieving their objectives. Island. Eugene A. Cannataro and Vera Ditta and productive lives. were married on February 4, 1945 at Sts. Phil- The act would also require participating Mr. Speaker, as chairman of the House States to report on Federal, State, and local ip and James Church in St. James on a Page Board, I ask my colleagues to join me in snowy Sunday. policies and laws that impede the coordination honoring this group of distinguished young of services to needy families with children. During their 50 years of marriage, the hall- Americans. They certainly will be missed. mark of their lives has been a relationship I urge my colleagues to join me in this effort DEPARTING PAGES: FALL 1994–95 to reinvent the welfare office. based on mutual respect, family, and God. Amy E. Accavitti, Seth A.G. Andrew, Mat- f Gene and Vera have been blessed with a thew D. Atkinson, Bart M. Bartlett, Rebecca wonderful family and are the proud parents of J. Berkun, Jacqueline A. Bethea, Joanna L. TRIBUTE TO W.M. PETE RODES a son, Dennis, married to Patricia, and a Bowen, Jessica Brater, Allison Burdick, Erin daughter, Lynn, married to Peter. They are the C. Carney, Michael A. Carter, Krista proud and devoted grandparents of three Clarkson, Keyundah Coleman, Janey C. HON. RALPH M. HALL beautiful granddaughters, Cheryl Ann Crawford, Amy J. Crocker, Robert Cuthbert, OF TEXAS Cannataro, Dana Lynne Nowick, and Kerry Anastasios C. Drankus, Kathleen K. Duffy, Michael D. Ellison, Cathryn Caroline IN THE HOUSE OF REPRESENTATIVES Lynn Nowick. Fayard, Michael P. Fierro, Kristin M. Thursday, January 26, 1995 Gene and Vera's enthusiasm, generosity, Francis, Janine D. Geraigery, Jennifer C. Ge- good humor, and fellowship have touched all rard, Melissa A. Hayes, Joseph R. Hill, Derek Mr. HALL of Texas. Mr. Speaker, I am hon- who have come to know them. They are J. Johns, La Toya Johnson, Julia C. Kelly, ored today to pay tribute to a good friend and known to many for their love of life and family. Lisa N. Konitzer, Marcos A. Lopez, Ross C. outstanding citizen, W.M. ``Pete'' Rodes, who January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 187 passed away recently at the age of 89. Pete PHIL ABALAN: AN EXEMPLARY I have served with seven presidents and I was a banker and community leader in the CAREER IN EDUCATION have never heard one of them give a State of Rains County town of Emory, TX. He was de- the Union address that did not sound good. voted to his family, his community, his church, HON. JAMES L. OBERSTAR This one was slightly better than the aver- and to politics. age.—Rep. Andrew Jacobs, D. OF MINNESOTA Overall I believe it was positive. I look for- Pete was born in Emory and spent a lifetime IN THE HOUSE OF REPRESENTATIVES ward to being in a Congress that works with helping to make this small town of about 1,000 Thursday, January 26, 1995 a president that is going to reduce the size of people a better place in which to live. After be- the federal government. Sounds like that’s ginning his banking career in 1927 with North Mr. OBERSTAR. Mr. Speaker, I rise to pay what he wants to do, and if he’s sincere in Texas National Bank in Dallas and the Repub- tribute to a noble man and a distinguished that, he’s going to get great cooperation lic National Bank, he assumed the manage- teacher, Mr. Phil Abalan of Duluth, MN, who from this Republican-controlled house.— ment of the First National Bank in Emory in died of a heart attack shortly before his class- Rep. John Hostettler, R. 1939 at his father's request. He served as es were to begin on Friday, December 9. The speech was rather striking in that for President until his retirement in 1980. Mr. Abalan, 51, taught social studies for 27 a State of the Union address it really pro- Pete was instrumental in purchasing the years at Hopkins High School in Minnetonka, posed no major initiatives. Now there were a city's first firetruck and establishing the city's MN. His constant encouragement to his stu- few initiatives but there was nothing I would call major. And he, in some ways, I think, cemetery and homeless shelter. His son, dents to excel in their studies and their lives did not explain his core beliefs and prin- David Stuart Rodes of Los Angeles, said that made Mr. Abalan a favorite among pupils and ciples. The voter today is not just sure what his father considered his public works to be colleagues alike. He was instrumental in initi- is important to this president. And I think his biggest accomplishments. Pete was active ating the advanced-placement program in that the State of the Union was so long and in the Emory United Methodist Church, and American and European history at the school, so diffused that he missed that oppor- David acknowledged what many of us knewÐ and pushed his students to their limits, often tunity.—Rep. Lee Hamilton, D. that Pete had a lot of moral influence in the staying long after school was over to provide community, and he used itÐincluding being assistance and guidance. The results were f active in racial integration of the school sys- tangible: his students consistently scored high- tem and the county. er on their advanced-placement tests than did TRIBUTE TO SID WALKER ON THE Pete also was active in the Democratic students in any other program in the country. OCCASION OF HIS RETIREMENT Party. He served as a delegate to several na- An avid baseball fan, Mr. Abalan was an ac- tional Democratic conventions and was mem- tive umpire for both high school and amateur ber of the presidential Electoral College in baseball and softball; he also served as presi- HON. PAUL E. GILLMOR 1964. Though he was never interested in run- dent of the Northwest Umpires Association. OF OHIO ning for office, he believed in the power of pol- One of his happiest moments came when the itics to improve the quality of life. Pete was Minnesota Twins won the World Series in IN THE HOUSE OF REPRESENTATIVES Mr. Rains CountyÐand his support of Con- 1987. Thursday, January 26, 1995 gressman and Speaker Sam Rayburn, as well Family and friends, students and teachers, as his support of Mr. Rayburn's successor, will miss Phil Abalan dearly. His commitment Mr. GILLMOR. Mr. Speaker, I rise today to Congressman Ray Roberts, and the wonderful to educating the youth of his community was pay tribute to Sidney B. Walker, an outstand- support that he gave to me following Speaker unending, his enjoyment of life complete. It is ing individual and fine citizen of Ohio, who has Rayburn and Congressman RobertsÐalways my sincere hope that some of his students will retired after a distinguished career with the was reflected at the polls. Those who knew follow his sterling example, giving to the next Agriculture Stabilization and Conservation Pete best always listened to himÐand hon- generation what Phil Abalan gave so abun- Service. ored his choice and savored his friendship. dantly and enthusiastically to them. Since 1983, Sid Walker has served as a Pete's presence was felt in every facet of f district director in charge of a group of 11 and community life in EmoryÐin the city's econ- sometimes 12 country offices in northern and omy, in public service, in politics, in education, PRESIDENT’S STATE OF THE western Ohio. Over the years, Sid has worked and in the church. His presence will be greatly UNION ADDRESS tirelessly assisting farmers with the U.S. Agri- missed by those who knew him and by those cultural Department regulations regarding sub- who benefited from his devotion to his com- HON. ANDREW JACOBS, JR. sidy payments. munity and his country. OF INDIANA The ASCS is a vital component in the farm- When I think of Pete, Mr. Speaker, I think of IN THE HOUSE OF REPRESENTATIVES ing economy of Ohio. Leaders such as Sid are that tradition of Americans whose indefatigable Thursday, January 26, 1995 responsible for a stable system of prices for and selfless spirit helped make this country agricultural products. Their dedication and mo- greatÐpeople like Pete who have worked tire- Mr. JACOBS. Mr. Speaker, I place in the tivation have been a major reason Ohio's lessly for the common good in small towns RECORD assorted comments from the Hoosier farming community has been so successful. delegation to Congress on the subject of the and cities all across America. Their individual Sid is a Chicago native. He attended Milli- efforts not only have benefited those in their President's State of the Union Address. gan College in Tennessee, joined the U.S. immediate community but also are part of the The president always gives a good speech, Army in 1956 and was discharged with the collective American spirit that unites and in- and he says things that we like to hear. The rank of major. While in the military, he served spires all of us. The memory of Pete's spirit problem in the past is that what the presi- will inspire others to look beyond themselves dent says and what the president does are his country honorably, receiving numerous and help their fellow man in whatever capacity two very different things.—Sen. Dan Coats, awards and commendations. they can. It is perhaps this legacy that ulti- R. Sid joined ASCS in 1976 as a county exec- In the wake of a disastrous election experi- mately will be greater than the individual con- utive trainee. Following training, he was ap- ence in 1994, which often centered around pointed to the county executive director posi- tributions that Pete made. failures of his presidency, President Clin- Pete will be missed by his wife, Lillian ton’s State of the Union address offered tion in the Paulding County office. He has Whittington Rodes, his son, David, and his timely and welcome cooperation with the been extremely helpful to scores of farmers daughter, Judith Rodes Johnson. He will be Republican Congress.—Sen. Richard Lugar, served by his district, and has always provided missed by all those who knew him and re- R. positive leadership for the offices under his spected him. Though other Members of this From my perspective, it’s a good speech to guidance. body did not personally know him, Mr. Speak- the extent that the president adopts items Mr. Speaker, Sid Walker's distinguished ca- from the Contract with America because I reer is a model of patriotism and citizenship. er, I'm sure that they know those like him in think that’s what the public wants us to do. their own communities. So as we adjourn And second, what’s going to be important is I ask my colleagues to join me in wishing Sid, today, let us join together in paying our last re- that it not just be rhetoric, but that it be his wife Jacque, his daughter Traci, and his spects to this exemplary manÐW.M. ``Pete'' followed up by action with his administra- sons, Chris, Chad, and Cory well as the Walk- Rodes of Emory, TX. tion.—Rep. David McIntosh, R. er family begins this new chapter in their lives. E 188 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 SUPPORT THE INTERSTATE CHILD To assist the Members of this body in un- 50 percent and were valued at the initial public SUPPORT ACT derstanding the background of this bill, I would offering price of $17.50Ðregardless of when like to offer a brief explanation of the events the employees disposed of their stock. Con- HON. ROBERT MENENDEZ which led up to its introduction. sequently the average tax burden for each OF NEW JERSEY In 1931, an Italian immigrant, Joe Zeppa, employee was a staggering $300,000. In order IN THE HOUSE OF REPRESENTATIVES founded Delta Drilling Co. In doing so he was to help the former plan participants, Delta pro- simply following the American dream. Joe was vided them with an option to exchange each Thursday, January 26, 1995 able to take part in the oil boom of the 1930's share of stock they received under the plan for Mr. MENENDEZ. Mr. Speaker, it is time for that helped bring east Texas out of the Great one 5-year convertible bond valued at the then Congress to protect the rights of millions of Depression and make the American dream a per-share market price of Delta stock, $6.625, children whose parents refuse to support reality for many people like him. Organized as which could then be used as collateral for them. This is a national disgrace. Our contin- a closed corporation, Delta Drilling was mod- loans to pay their taxes. Only 30 of the 87 em- ued failure to act is eroding public support for estly profitable until the early 1970's, when the ployees who had received stock under the helping families who most deserve our com- energy crisis dramatically increased the com- plans accepted the offer. passion. It is time for us to send a clear, un- pany earnings. Increased profitability made the Delta, as a group, also sought relief directly ambiguous message: The American people prospect of going public a very attractive op- from the Internal Revenue Service, andÐafter will do what is necessary to protect our chil- tionÐand inspired Joe with a method of re- extended negotiationsÐseveral individuals dren. We will not let parents abandon their warding his many longtime, loyal employees. were offered the opportunity to report receipt duty to the children they bring into the world. Considering the possibilities of the company of each stock at $15.50 per share. Clearly, I am therefore joining as a cosponsor of going public, Delta founder Joe Zeppa worried however, in no event could any employee H.R. 95, the Interstate Child Support Act of about the fate of employees should a takeover have received more than $13.50 per share for 1995 introduced by Congresswoman BARBARA occur. In order to protect these ordinary, hard- their stock received under the planÐeven if KENNELLY of Connecticut. This bill includes a working men and women and to reward them they had sold it on the very first day after the long, tough list of enforcement measures rec- for their loyalty over the years, he initiated em- expiration of the 120-day transfer restriction ommended by the U.S. Commission on Inter- ployee participation plans under which each period. Indeed, if all the employees had man- state Child Support. employeeÐexecutives, managers, secretaries, aged to sell their stock, the resulting flood of The bill would deny deadbeat parents occu- and laborers alikeÐwith at least 15 years of shares would have had a precipitous impact pational, professional, and business licenses, service with Delta was allocated participation on the market. Further, as I said earlier these driver's licenses, and vehicle registrations. It units based on his or her annual compensa- are ordinary peopleÐthe majority of the em- would expedite the seizure of bank accounts tion and years of service in excess of 15. ployees had little formal education, no training and authorize the seizure of pensions, lottery Each participation unit was to be valued at the in finance, and few had been to college. Most winnings, and other public benefits. The bill price of one share of Delta stock when the had never previously owned stock and many would deny passports to deadbeats and deny company went public. The plans were imple- did not even know how to go about selling it. them Federal jobs, benefits, loans, and loan mented in 1974 with 88 employees participat- So you see, hard-working employeesÐ guarantees. ing. In 1975, Joe Zeppa passed away and many of whom had spent years with this com- The bill would improve enforcement of child was succeeded by his son, Keating Zeppa. panyÐwere given a gift by their employer. He support orders across State lines, strengthen With revenues jumping from $38 million in certainly had no malicious intent in setting up paternity establishment, and improve record- 1974 to $161 million by 1980, Delta decided to this program. In fact, it is one of the most gen- keeping by requiring Social Security numbers go public. erous gifts I have ever heard of an employer of marriage licenses, divorce decrees, parent- On March 17, 1981, Delta Drilling Co. pub- giving his employees. And the employees cer- age decrees, and birth certificates. licly offered 2,000,000 shares of common tainly stood to gain from his generosity. But in- It would also set the stage for future re- stock at $17.50 per share. The public offering stead, they were forced to pay income taxes forms, by requiring a study of the feasibility of triggered the participation plans and the exon an income that they never receivedÐand developing national child support guidelines, change of participation units. Under the agree- that is wrong. and of collecting past-due child support ment with the underwriters for the public offer- The end result of this is that you have ordi- through the Internal Revenue Service. It would ing, however, the employees at Delta could nary peopleÐas I said earlier this includes test alternative child support assurance strate- not sell or transfer shares issued to them janitors, secretaries, roughnecks, everyoneÐ gies, publish information about effective ap- under these terms for a 120-day period after who have to pay more in taxes than they proaches to increasing child support, and test the commencement of the offering. Imme- make working. It would have been a typical programs providing jobs for unemployed diately prior to the public offering of stock the scenario for an employee of this company who noncustodial parents to enable them to pay employees agreed to exchange their participa- made $25,000 a year to be told by the IRS what they owe. tion units for a combination of stock and cash. that he or she owed $300,000 or more. In fact, I urge my colleagues to join us in enacting As a result, they received Delta stock equal to many employees had to sell their homes and the Interstate Child Support Act of 1995. 70 percent of the value of their units and cash other possessions to pay taxes on a benefit f representing the remaining 30 percent. All they never had a legal right to enjoy. told, 2,128,665 shares and $5,321,667 were This body is often referred to as the peo- INTRODUCTION OF H.R. 693 distributed to the 87 remaining participating ple's House. There has been a great deal of employees. An additional $10,643,333 rep- talk in this chamber about the forgotten middle HON. RALPH M. HALL resenting 20 percent of the total value of their class. With this legislation, we have the oppor- OF TEXAS participation units was withheld for taxes. tunity to assist ordinary people and correct an IN THE HOUSE OF REPRESENTATIVES Although Delta stock sold in the initial public extraordinary wrong. The employees of Delta offering at $17.50 per share, at the end of the Drilling who were affected by this financial bur- Thursday, January 26, 1995 120-day transfer restriction period, the over- den are not just the top managers and execu- Mr. HALL of Texas. Mr. Speaker, I rise the-counter market price had plummeted to tives. Do not think this bill is some sort of today to explain a bill I am introducing for the only $13.50. In January of 1982, the price fell loophole or tax break for a bunch of rich fourth time. During the 103d session it was below $9.00 and dropped to $6.625 per share oilmen down in Texas. That is simply not the H.R. 3033. This session it is H.R. 693, and it by April 6, 1982. Due to circumstances com- case. This bill changes a policy that has hit a deals with a very important issue, an issue pletely out of the hands of Delta Drilling em- small group of ordinary people in a bad way. that is so worthy of our attention that some ployees, the stock eventually became entirely That's what we are supposed to do here in the Members of this body may find it odd that in worthless. people's HouseÐestablish good laws that help 6 years no hearings have been held and no This wouldn't seem that bad, Mr. Speaker, good people and change bad laws that hurt debate conducted on it. Some Members may because it was just a gift that they had not good people. We must pass this good bill to even think it is futile to again bring this bill be- had before. Right? Wrong! Enter the IRS. help these good people and other people all fore the House. But that is not the case. This On April 15, 1982, the employees who re- across our Nation who have faced or may matter is too important; the case behind this ceived this gift of stock found themselves sub- face this devastating situation. bill is too just; the damage done to ordinary ject to an enormous tax burden. Under the I look forward to working with the new chair- citizens is too egregious to leave this matter IRS Code, the shares received under the plan man of the Ways and Means Committee, my alone. were taxed as ordinary income at the rate of friend from Texas, Mr. ARCHER, and my other January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 189 friends and colleagues on the committee to Yomtoob will continue to enrich the edu- cit is an even greater weight slowing down our see this bill through the legislative process. I cational community and to brighten many economy. Our national debt is so large that al- think it is important that we hold a hearing on lives. most $130 billion of the fiscal year 1994 budg- this matter. When the Members of this body f et must be devoted to interest payments on are able to hear firsthand the stories of these the debt. That is more than half of our current ordinary, hard-working people from east COMMENDATION TO STEVE budget deficit. It is more than four times what Texas, I know they will understand the injus- MAISNER FOR RESCUE we currently spend on all discretionary edu- tice of what has happened to them. I urge my cation, training, and social services programs. colleagues to take a look at this matter, read HON. JANE HARMAN Similarly, the dollars that future generations the bill, talk to me, talk to the people involved, OF CALIFORNIA will need to pay back our debt are funds that and you will see that we must pass this bill. IN THE HOUSE OF REPRESENTATIVES could otherwise be spent on improving roads, f supporting programs for disadvantaged stu- Thursday, January 26, 1995 dents, or reducing our tax burden. Instead, TRIBUTE TO DR. YOUSSEF Ms. HARMAN. Mr. Speaker, I rise today in these dollars will go to investors that have lent YOMTOOB tribute to a heroÐa young man from my dis- the Federal Government money by purchasing trict who should serve as an inspiration to us Government securities. This must stop. HON. LYNN N. RIVERS all. As you know, southern California has been While I have argued that the best solution OF MICHIGAN reeling from the ``storm of the century,'' a would be to pass a straightforward amend- IN THE HOUSE OF REPRESENTATIVES storm that cascaded more than 8 inches of ment requiring that Federal outlays not be per- Thursday, January 26, 1995 rain on area neighborhoods during the course mitted to exceed Federal revenues, many here Ms. RIVERS. Mr. Speaker, I rise today as a of one afternoon. The storm produced exten- in Congress support adding a three-fifths ma- former school board member, a State legisla- sive flooding, not just through the storm drains jority requirement for any future increase in tor, and Member of Congress. It is a distinct and along watercourses, but through neighbor- taxes. While it is true that the Federal Govern- pleasure for me to recognize and honor my hoods and canyons. ment has become inefficient and we need to friend Dr. Youssef Yomtoob today. Dr. In the community of San Pedro, a mother slim it down, I have concerns about tieing the Yomtoob will retire this year from his post as and her 5-year-old daughter were caught up in hands of future Congresses on how we should superintendent of the Willow Run School Dis- a flood current and swept beneath a car. A attain balanced budgets. Nevertheless, I think trict after spending over 30 years of his life in young man named Steve Maisner rushed to such concerns, while important, are out- the field of education. From his position as a the scene and retrieved the little girl, quickly weighed by the urgent need to pass a bal- mathematics teacher in the 1960's in Niles, administering back blows and chest thrust to anced budget amendment. Further, a three- MI, to his current post as superintendent, Dr. restore her breathing. Then, with assistance fifths majority requirement was included in the Yomtoob has continuously left a legacy of ex- from the neighbors, Steve pulled the mother, version described in the contract With Amer- treme competence and knowledge. He has co- Edith, from under the car. She was not breath- ica. While I voted for the three-fifths majority authored 16 books, primarily dealing with ing and had no pulse. He would not give up, requirement, I urge all of my colleagues to mathematics and has served on dozens of however, beginning CPR immediately and support House Joint Resolution 1, the bal- educational advisory boards such as the continuing until the paramedics arrived. I am anced budget amendment, whether or not Michigan Educational Research Association, happy to say that both mother and daughter they vote for the three-fifths majority require- the Michigan Department of Education vari- are home today, thanks to Steve's knowledge ment. We cannot allow another decade or able task force, and the validation team for the and skill. more of deficits to pass before we stop adding Michigan Department of Education. I went to Steve Maisner's home several to the looming debt of this country. We must More importantly, over the past three dec- weeks agoÐto thank him on behalf of the begin the process of restoring fiscal respon- ades, Dr. Yomtoob has left an indelible mark community. He was modest about what he sibility to the congressional budget process. as a warm and kind-hearted man who values had done, and said he hopes to make a ca- f the students, teachers, and administrators with reer as a paramedic in the fire department. He whom he works. Dr. Yomtoob has always has certainly proved his skill and courage, and INDIA REPUBLIC DAY: A CELEBRA- taken pains to personally know the students in I am proud to commend him for his heroism. TION OF 45 YEARS OF DEMOC- the schools in which he taught or adminis- f RACY trated. While Dr. Yomtoob has accomplished an BALANCED BUDGET AMENDMENT extraordinary amount in the academic field, he OR BUST HON. FRANK PALLONE, JR. has dedicated much of his time to community OF NEW JERSEY activities and public service projects as well. HON. STEVE GUNDERSON IN THE HOUSE OF REPRESENTATIVES Dr. Yomtoob has been involved in the United OF WISCONSIN Thursday, January 26, 1995 Way for well over a decade and currently IN THE HOUSE OF REPRESENTATIVES serves as the Washtenaw County division Mr. PALLONE. Mr. Speaker, today, January chairman. He served as chairman for the Wil- Thursday, January 26, 1995 26, is a date of enormous significance for all low Run Christmas dinner for the homeless Mr. GUNDERSON. Mr. Speaker, I have the people of India, and for the many sons and served on the Ypsilanti Press Give-A- been looking forward to this day since I was and daughters of India living in the United Christmas task force. Dr. Yomtoob has been elected to the Congress 15 years ago. The States and around the world. Today marks the active in his congregation as well. He served first bill I ever introduced, and the first speech celebration of Republic Day, a national holiday as president of the Men's Club at Temple Beth I ever gave on the floor of the House, called that holds the same significance for Indians as Israel in Jackson, MI, for 4 years and has for a balanced budget amendment to the Con- the Fourth of July does for Americans. been a member of Temple Brotherhood for 4 stitution. Back then the deficit was about $74 On January 26, 1950, India became a Re- years. Dr. Yomtoob has been involved in billion, far less than what we face today. But public. The country adopted a Constitution countless other community projects that are a number of us thought that a $74 billion defi- which enshrined the principles of democracy simply too numerous to list. cit was a serious problem because it was a and secularism. At that time, Dr. Rajendra In the past few years, Dr. Yomtoob has drag on the economy and it saddled future Prasad was elected as the nation's first Presi- been recognized several times for his accom- generations with obligations that are not of dent. Since then, despite the challenges of plishments. He was recognized as the recipi- their own making. We felt that an amendment sustaining economic development while recent of the Minority Business Organization of to the Constitution was necessary to impose onciling her many ethnic, religious, and lin- Washtenaw County's Education and Commu- some fiscal discipline and ensure that Con- guistic communities, India has stuck to the nity Award and in 1992 was selected by the gress would make the tough choices nec- path of free and fair elections, a multi-party Ypsilanti Press as their Person of the Year. It essary to balance the budget. Unfortunately, political system and the orderly transfer of gives me great pride to recognize Dr. we weren't successful then in persuading our power from one government to its successor. Yomtoob once again for his many years of colleagues. I would like to draw particular attention to service both in the education community and Fifteen years later, with the deficit at $202 the similarities and shared values of the Unit- the community at large. Although he is leaving billion and over $3.5 trillion added to the na- ed States and India. The framers of the Con- us in Michigan, I am certain that Dr. Youssef tional debt, it is time to get this done. The defi- stitution that Indians celebrate today drew on E 190 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 our own Constitution and its Bill of Rights. percentÐ$16 billionÐfrom the original esti- from the Fourth Congressional District of Both of our countries are former British colo- mate of $190 million per plane. Based on past Texas, Don Blacketer of the Harmon-Dial nies that gained their freedom after a long and experience, there is every reason to believe community. Mr. Blacketer died December 14, difficult struggle. English continues to be an that the C±17's program cost will continue to 1994, at the age of 75 at the Sam Rayburn important language of commerce in India. rise. DOD's current estimate is $22.5 billion for Memorial VA Center in Bonham. Funeral serv- Many Americans almost instinctively saw in 40 planes, or $563 million each. ices were held at McKenzie United Methodist Mahatma Gandhi a reflection of values that The Rand Corp., GAO, CBO, and DOD's Church in Honey Grove, where he was a our country holds dear. During this month cost and operational effectiveness analysis member, and burial was at the Presbyterian when we celebrate the birthday of one of have all recently presented airlift options that Cemetery in Ladonia. America's greatest heroes, Dr. Martin Luther would enable savings of 8±10 billion dollars or Born on September 27, 1919, in Leonard, King, we should remember that Dr. King de- more compared to a fleet of 120 C±17's. TX, Don Blacketer was the son of Marcus An- rived many of his ideas of nonviolent resist- GAO released its report today, ``C±17 Air- derson Blacketer and Julia Mae Mullins ance to injustice from the teachings, actions, craft: Cost and Performance Issues,'' respond- Blacketer. He was a World War II veteran, and self-sacrifice of Gandhi. ing to the fiscal year 1994 Defense Authoriza- serving his country in the United States Army Mr. Speaker, I regret that I have to mention tion Act request for its assessment of the C± under General George S. Patton's command this, but today's celebration of Republic Day in 17's original justification and the effect of tech- in Europe. Following the war he married Perry India was marred by a bombing at a crowded nical problems and cost increases on its ability Lillianell McCowan in the Dial community and stadium in Jammu, India, where Republic Day to achieve original program requirements. distinguished himself in farming and ranching. celebrations were taking place, killing 7 people The report states, ``Changes in the C±17's Mr. Blacketer was a member of the producers and injuring 47. Another terrorist attack was intended role, the results of DOD's cost and board of the American Soybean Association staged on a parade in Srinigar. These events operational effectiveness analysis, and contin- and was past president of the Texas Soy- remind us that there are still forces trying to ued program cost growth lead us to conclude beans Association. He appeared before our destabilize IndiaÐsome of them receiving sup- that a 120-aircraft C±17 program is not the congressional committees to share his knowl- port and encouragement from abroad. But it is most cost-effective way to meet airlift require- edge and to give his testimony. I was always impressive to keep in mind that despite being ments.'' proud to introduce him to the CongressÐand so severely tested by the forces of terrorism, Secretary of Defense Perry said yesterday to claim him as a constituent and as a friend. India has preserved its democratic institutions, that if a balanced budget amendment is ap- Mr. Blacketer also devoted himself to help- seeks to give opportunities to people from all proved, the Pentagon will face very major ing improve the quality of life in the Dial com- religious and ethnic backgrounds and moves budget cuts and have an even smaller force munity. He was instrumental in efforts to find resolutely forward with market-based eco- than it does now. He went on to say that a funding to upgrade the community's water nomic reforms. smaller force means the Pentagon would no supply system and took the time to contact my There is, however, good news for us to talk longer be able to carry out its two-MRC strat- office and other government officials concern- about. United States-India relations are look- egy. ing possible grant and loan programs for this ing better than they have in a long time. Two Requirements for the first 30 days of an project. He was a concerned citizen and a of the President's Cabinet Secretaries have MRC drives our airlift planning. If we will be man who cared enough about his community been in India this monthÐDefense Secretary forced for budgetary reasons to reconsider the to act on his concerns. Perry and Commerce Secretary Brown, who two-MRC strategy, the overpriced C±17 sa- Mr. Blacketer is survived by a son and was accompanied by the top officials from cred cowÐfor which reasonable alternatives daughter-in-law, Mark and Pam Blacketer of some of our major corporations. The two Sec- existÐneeds to be one of the first items re-ex- Rockwall; a sister, Madyelene Pritchett of retaries' visits to India resulted in significant amined. Sherman; and two granddaughters, Rachel accomplishments on issues relating to security Among those alternatives are commercial and Sarah Blacketer of Rockwall. He will be and trade and investment. I hope we in Con- widebodies such as 747's or MD±11's, the ex- missed by his family and by his many friends, gress will make it a high priority to continue isting C±5, and extending the service life of and his contributions to the Harmon-Dial com- this momentum and move it forward. The Con- our C±141's. munity will not be forgotten. gressional Caucus on India and Indian-Ameri- The C±17 continues to experience technical Mr. Speaker, I am honored today to pay a cans, which I initiated two years ago, is reor- problems. Today's GAO report details severe final tribute to this exemplary citizen, Don ganizing in the new Congress with strong bi- airflow problems that prevent the plane from Blacketer, who distinguished himself in his partisan participation. We are dedicated to executing one mission the Army has consid- service to his country, his community, and his steady improvement in United States-India re- ered critical: simultaneous airdrops of para- family. lations and in being a voice for the 1-million- troopers and equipment. The problem of tur- f strong Asian-Indian community here in Amer- bulence inside the plane that occurs when the ica. cargo door, ramp, and side troop doors are MARK TWAIN NATIONAL FOREST Mr. Speaker, it is an honor for me, an elect- open persists. Even after the 18th plane was LAND CONVEYANCE/ROLLA, MO ed Representative of the oldest continuous delivered to the Air Force earlier this month, democratic republic on earth, to pay tribute to those simultaneous drops continue to be sus- the world's most populous democracy on the pended. HON. BILL EMERSON occasion of their great national day. I am pleased that Senator BUMPERS has in- OF MISSOURI f troduced similar legislation in the Senate. This bill could save taxpayers more than IN THE HOUSE OF REPRESENTATIVES AIRLIFT ENHANCEMENT ACT $10 billion and meet our aircraft needs with Thursday, January 26, 1995 more cost-effective alternatives. Throwing HON. ELIZABETH FURSE Mr. EMERSON. Mr. Speaker, today I am re- money at this plane that can not deliver what introducing a measure that is vital to the rural OF OREGON it promised is irresponsible in today's austere IN THE HOUSE OF REPRESENTATIVES economic development efforts of south-central fiscal environment. We have cheaper alter- MissouriÐspecifically Phelps County and sur- Thursday, January 26, 1995 natives that will keep our military strong. Every rounding areas. This legislation will authorize Ms. FURSE. Mr. Speaker, the legislation I day we wait to implement them costs tax- the U.S. Department of Agriculture to convey have introduced today with bipartisan support payers millions of dollars. land within the Mark Twain National Forest to calls for ending the C±17 program after this f the city of Rolla, MO. year's buy is completed, providing the Air TRIBUTE TO DON BLACKETER The city of Rolla has been diligent in its plan Force a total of 40. In addition, my bill calls for to utilize the U.S. Forest Service's district putting in place a serious program to use HON. RALPH M. HALL ranger office site in the development and con- more affordable, already developed aircraft to OF TEXAS struction of a regional tourist center. I feel its fill the remaining airlift need. IN THE HOUSE OF REPRESENTATIVES important to note that tourism is the second Under DOD's current C±17 only plan, we largest industry in Missouri and this tourist will actually encounter an airlift deficit as the Thursday, January 26, 1995 center has already attracted great interest planned retirement of C±141's continues. The Mr. HALL of Texas. Mr. Speaker, I rise along with needed dollars to the regional Rolla cost of the C±17 program has increased 41 today to pay tribute to an outstanding citizen economy. January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 191 Clearly, this project is a prime example of a Leaguers gave the young people an oppor- which has been greatly expanded during the local community exercising its own rural devel- tunity to participate in programs we would current century. The Framers of the Constitu- opment plan for local expansion and job cre- never otherwise have had the chance to expe- tion clearly saw Federal debt as an emer- ation. In these times of reduced Federal sup- rience and enjoy. In 1949, we attended the gency matter at times of national or inter- port for rural community-based economic en- swearing-in ceremony for Mayor Ralph A. national crisis, not as a means of normal oper- terprises, the city of Rolla is a shining example Villani, mayor of the City of Newark at Newark ations. Likewise, taxation was for specific and and model of both involvement and initiative City Hall. We visited New Jersey State As- justifiable purposes. It is the breakdown of that other communities around the country can semblyman Bowser in his office in the State both of these principles that has led to our clearly emulate. capital, Trenton, in 1950. In 1951 we visited current budget problems. For over a year now, the city of Rolla has Philadelphia for a weekend and met with I believe Congress has an obligation to been collecting a 3-percent tax on local hotels youth from a similar organization in an attempt send this question to the States, so that we in the attempt to finance this project independ- to expand our experiences. can engage in a much-needed and lively de- ent of any assistance from the Federal Gov- The Leaguers program gave me and many bate on the broader questionÐwhat is the role ernment. Indeed, this land transfer arrange- of my contemporaries an opportunity to grow of the Federal Government and at what cost? ment is a very unique partnership for both and develop as teenagers. The program Our experiences with State budget bal- Rolla and the Mark Twain National Forest. helped us make a positive contribution to our ancing requirements have provided several Several of Missouri's proud historical land- community and to society. As the program positive outcomes from this important fiscal marks, which are an important element of this grew, the organization moved into a school discipline. It imposes discipline on legislators site, will be maintained and preserved for cur- and then finally built a structure at 750 Clinton and executive branch. It, therefore, requires a rent and future generations through the efforts Ave., Newark, NJ to house the group. Dr. and closer working relationship between these two of the city of RollaÐat a substantially reduced Mrs. Burch encouraged and assisted us in at- branches of Government. And, the require- cost to local taxpayers. This is particularly im- taining higher education and molded us into ment ultimately will force all parties to sit down portant to bear in mind since this facility would young adults. My interest in improving my and work out their differences to maintain the have no further commercial viability without community was sparked by my involvement required balance. the direct involvement of the city of Rolla. So with the Burches. Having worked under the balanced budget now, two worthy goals can be achievedÐeco- Mr. Speaker, I know that my colleagues will requirement, I believe it will promote better nomic development and historical preserva- join me in extending condolences to Dr. communication and governanceÐat least tion. Burch's wife, Mary, on the loss of her devoted that's been my experience as a State legisla- Mr. Speaker, I commend the leadership ef- husband, and to his many friends who will feel tor in New Jersey. It has been 25 years since forts of the Mark Twain National Forest and his absence deeply. He was a wonderful man the last time the Federal Government's books the city of Rolla and I urge the expeditious ap- who truly set an example of a life well lived. were balanced. Of every dollar collected in proval of this measure in order that the citi- f Federal taxes, 15 cents goes to pay interest zens of Rolla can get on with the business of PROPOSING A BALANCED BUDGET on the national debtÐmore than $200 billion a economic development and job creation. AMENDMENT TO THE CONSTITU- year, further drawing down the amount avail- f TION able for other Government programs. Clearly, our current situation is not due to TRIBUTE TO DR. REYNOLD BURCH HON. RODNEY P. FRELINGHUYSEN under-taxation, but to over-spending. The Fed- eral Government collects $5 in taxes today for OF NEW JERSEY HON. DONALD M. PAYNE every $1 it collected 25 years ago. The prob- IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY lem is that Government spending today is up IN THE HOUSE OF REPRESENTATIVES Wednesday, January 25, 1995 $6 for every $1 spent in 1968. Thursday, January 26, 1995 The House in Committee of the Whole some may claim that the balanced budget Mr. PAYNE of New Jersey. Mr. Speaker, I House on the State of the Union had under amendment is a gimmick. Rather, I believe it ask my colleagues to join me in honoring the consideration the joint resolution (H.J. Res. will finally provide the discipline to the Federal 1) proposing a balanced budget amendment budget process that has failed, to date, to con- memory of Dr. Reynold Burch, a man of enor- to the Constitution of the United States. trol Federal spendingÐeven with the best ef- mous generosity and kindness whose con- Mr. FRELINGHUYSEN. Mr. Chairman, I rise forts of individual Members committed to defi- tributions to our community will be long re- today in support of the balanced budget cit reduction and despite the demands of the membered. Dr. Burch, known by friends and amendment, H.J. Res. 1. This amendment to American taxpayers. family as Buster, died Wednesday, January the U.S. Constitution to require a balanced 18, 1995. Federal budget is not a new idea. Balanced f Dr. Burch practiced medicine in Newark, budget amendment proposals have been intro- N.J. in private practice from 1956 to 1981 in duced since the 1930's and, in recent years, THE HOMEMAKER IRA ACT OF 1995 gynecology and obstetrics, delivering thou- have fallen just short of passage in Congress sands of babies to two generations of Newark on several occasions. In 49 States, there is residents. During an era when professional some form of balanced budget requirementÐ HON. NANCY L. JOHNSON opportunities for African Americans were very including the State of New Jersey. OF CONNECTICUT limited, young people looked to this extraor- In Congress, this balanced budget amend- dinary role model with pride, admiration, and ment is only the beginning of the process of IN THE HOUSE OF REPRESENTATIVES hope. amending the U.S. Constitution. It is a big step Thursday, January 26, 1995 I had the opportunity to know Dr. Burch per- for Americans to amend the U.S. Constitution, sonally in his capacity as a philanthropist. and that is as it should be. Of the several Mrs. JOHNSON of Connecticut. Mr. Speak- Along with his wife, Mary, Dr. Burch founded thousand proposed amendments in 206 years, er, women who do not work outside the home the Leaguers, Inc., a youth development pro- only 27 amendments have been ratified by contribute as much as their working spouses gram in Newark. To the young people in our Congress and by the StatesÐand one of to the care and support of their families and neighborhood, Dr. and Mrs. Burch opened up those, the 21st amendment, repeals the ban they deserve equal retirement security. Unfor- both their hearts and their home, where the on alcohol proscribed by one other, the 18th. tunately, the Tax Code prevents women who Leaguers regularly held their meetings. The Amending the U.S. Constitution requires a work at home from providing for their own re- program was directed by Mrs. Burch, a former two-thirds majority in the U.S. House, 290 tirement to the same extent as women who teacher, who found that the young people in votes, and in the Senate, 67 votes; and ratifi- work outside the home. the neighborhood needed more direction and cation by three-fourths of the States, 38 of the The problem is rooted in the rules governing opportunity to expand their horizons and be- 50 States. The drafters of the Constitution Individual Retirement Accounts [IRA's]. If both come upwardly mobile. Dr. and Mrs. Burch placed a great deal of weight on the powers spouses in a household bring home a pay- were truly ahead of their time and made a pro- delegated to the Federal Government and check, each is permitted to contribute and de- found difference in our community. those that remain with the States, giving the duct up to $2,000 to an IRAÐ$4,000 in total, As the program progressed, the Burches States the ultimate decisionmaking powers re- subject to income limits. If only one spouse planned weekly meetings, provided outings to garding amendments. works, however, a married couple is limited to the theater, museums, legislative sessions, They also saw a limited role for the Federal contributing a total of $2,250 to an IRA. In and cultural events for the young people. The Government in taxation and borrowingÐa role other words, a one-income married couple E 192 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 may put aside only about one-half as much in BLOOMINGTON LOVES ITS KIDS TRIBUTE TO CAROL LYNN KELLEY an IRA as a two-income couple. Furthermore, if the wage earner in a one-income couple HON. JIM RAMSTAD HON. THOMAS M. DAVIS participates in an employee pension plan, OF MINNESOTA OF VIRGINIA there are further limits on total IRA contribu- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tions. Clearly, the tax code discriminates against Thursday, January 26, 1995 Thursday, January 26, 1995 spousesÐprimarily womenÐwho work at Mr. RAMSTAD. Mr. Speaker, I rise today to Mr. DAVIS. Mr. Speaker, I rise this morning home. pay tribute to the city of Bloomington as it to pay tribute to one of our outstanding citi- In order to end this unequal treatment and kicks off its seventh annual ``Bloomington zens in Virginia's 11th Congressional District, to promote private retirement savings, I today Loves Its Kids'' month on January 31. Carol Lynn Kelley of Lake Barcroft. have introduced a bill to permit full, $2,000 This month-long celebration, which fosters Carol, known as Kari to her friends, was IRA contributions by nonworking spouses. community and family development, is a way born 40 years ago in Woonsocket, RI to Mar- Under my bill, a nonworking spouse could of rewarding and honoring contributions to the garet and Stacia Klara. A 1972 graduate from make a deductible IRA contribution, just as community, both individually and through civic Woonsocket High School, she graduated from working spouses do under current law. An organizations. The emphasis will be on cele- Vassar College in 1976, and obtained her law identical Senate bill has been introduced today brating youths who contribute to the commu- degree from Case Western University School by Senators HUTCHINSON and MIKULSKI. nity and the way organizations can make a dif- of Law in Cleveland in 1979. She practiced Congress should take the lead in promoting ference for our youth. law in Cleveland until 1985, when she moved equal treatment, equal employment choice, The celebration will feature entertaining and to Fairfax County, VA. and retirement security for American home- informative exhibits from over 50 community After being admitted to the Virginia bar she makers. I hope my colleagues will join me in groups. There will be performances from practiced law in northern Virginia from 1986 to cosponsoring this legislation. dance companies, theater groups, bands and 1992. At that time Kari decided to devote f orchestras. Businesses will be sponsoring ac- more time to her two young daughters, Eliza- tivities such as a coloring contest, a treasure beth (Lizzy) and Allison and the community IN RECOGNITION OF QUEENS hunt, and a celebration of outstanding stu- where she and her husband Tim make their PUBLIC LIBRARY dents. home. By creating a community event which pro- Kari has been active in the PTA's at Ellen HON. CHARLES E. SCHUMER vides entertainment and enrichment for its citi- Glasgow Middle School and Pinecrest School. OF NEW YORK zens, from toddlers through seniors, the city of She is an active Brownie leader in Falls IN THE HOUSE OF REPRESENTATIVES Bloomington, MN, has provided a model for Church and a member of St. Anthony's Catho- American community enhancement. lic Church. Thursday, January 26, 1995 This is a terrific example of the type of pro- Last year Mrs. Kelly was appointed to the Mr. SCHUMER. Mr. Speaker, I would like to gram from which everyone benefits. By uniting Fairfax County Civil Service Commission, a pause a moment to recognize the critical roles the entire civic and business community body which adjudicates disputes in the Fairfax that public libraries play in our communities. around celebrating children, future generations County government and makes recommenda- The public libraries of today are not just book will be well served. tions on civil service policy. lenders, but instead serve as community hubs, Mr. Speaker, I applaud the city of Blooming- Mr. Speaker, I know my colleagues join me cultural centers, reference and research facili- ton for making the concerted and successful in honoring Kari Kelly, an outstanding mother, ties, and on-ramps to the information super- effort to enhance its community and the lives attorney, civic activist, and civil service com- highway. An excellent example of a modern of its citizens. I am proud to announce Feb- missioner as her friends and community lead- public library is the Queens Borough Public Li- ruary as Bloomington Loves Its Kids month. ers honor her on Saturday January 28, 1995 brary, the largest public library system in the f at the Morse Estate in Falls Church. country. f Queens Library recently conducted a survey HONORING ABRAHAM GRABOWSKI to see how well they were doing in serving THE PROGRESSIVE PROMISE: this most vibrant and diverse community. They HON. ELIOT L. ENGEL FAIRNESS were pleased to note that 85 percent of OF NEW YORK Queens residents use the Queens Borough IN THE HOUSE OF REPRESENTATIVES HON. BERNARD SANDERS Public Library, including 83 percent of the Thursday, January 26, 1995 OF VERMONT teenagers. The survey also showed that the li- IN THE HOUSE OF REPRESENTATIVES brary was succeeding in its attempts to reach Mr. ENGEL. Mr. Speaker, it is with great out to all Queens residents, including those pleasure that I take this opportunity to honor Thursday, January 26, 1995 who don't speak English as their first lan- my constituent, Abraham Grabowski, who is Mr. SANDERS. Mr. Speaker, in contrast guage. being honored this week by the RAIN with the GOP's Contract With America, we Among the many services that the library of- Eastchester Senior Center. shall offer a positive legislative alternative dur- fers to its community are: educational pro- Mr. Grabowski, who is 98 years young, is ing the first 100 days of the 104th Congress grams for children and adults, including basic one of the few living veterans of World War I. to extend a fair shake to all Americans on the literacy instruction and English as a second Through his long and productive life, he has Progressive Promise. Our plan shall be rooted language courses; a database on local com- seen many changes and performed many in the principles of social and economic jus- munity services programs; a public access good deeds. Perhaps the greatest of those tice, nondiscrimination, and tolerance. It shall point to the Internet; ``New Americans'' pro- deeds is his service in defense of freedom. embody national priorities which reflect the in- grams, which provide citizenship education for This service took him from his home in New terests and needs of all the American people, recent immigrants and assistance in integrat- York to Canada, England, Egypt, and Pal- not just the wealthy and powerful. ing more easily into society, and cultural pro- estine. He even returned to Israel is 1967 for Today the Progressive Caucus in bringing to grams. In fact, one of the major undertakings the 50th anniversary of the Allenby Brigade, the floor for a vote our 1st in 11 alternative of the library is a new Asian Cultural Center in an all-Jewish unit that fought under British bills to the Republican ContractÐThe Fiscal its Flushing branch, dedicated to promoting command to free Palestine from Turkish rule. Fairness Act, which allows a waiver of the bal- understanding and appreciation of Asian cul- Mr. Grabowski eventually settled in Co-op anced budget requirement in any fiscal year ture, as well as serving the borough's Asian City, where he was an original tenant of build- when the national unemployment rate exceeds community. ing 21. His interesting stories have been a 4 percent, thus sustaining our long-standing In conclusion, Mr. Speaker, I would like to source of pride among his neighbors and fel- national commitment to full employment. pay tribute to the vital role that Queens Bor- low senior citizens. The second bill in the Progressive Promise ough Public Library and public libraries around Mr. Grabowski has said he would like to re- is The Equal Justice Before the Law Act, the country are playing in their communities. turn to Israel for his 100th birthday. I am con- which is an anticrime package that retains key The modern public library is a lifelong learning fident he will be able to make that trip, and I aspects of the anticrime legislation enacted in center and an integral part of the community extend my best wishes and congratulations to 1994 to prevent crime as well as punish that it serves. him on behalf of my constituents. which happens; to crack down on white-collar January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 193 crimeÐfor example, S&L bailout, defrauding The ninth bill in the Progressive Promise is Support and Auxiliary Services from the Coun- Federal Government on procurement, criminal The Taking Back our Congress Act, which ty of Macomb's Intermediate School District. penalties for willful violation of child labor laws curbs influence-peddling and special-interest Ron's varied experience has allowed pre- by employers that result in serious bodily in- lobbying through tougher lobbying restrictions schoolers, special education students, adult jury or death of minors in the workplace, elimi- and campaign finance reform; to prohibit ex- education students, and many others to profit nate deductibility of legal expenses when a members of Congress and executive branch from his expertise. In addition to his leadership company is accused of a crimeÐand on drug officials from lobbying on behalf of foreign role at the ISD, he has taught at some of trafficking and abuse. governments and companies; to improve ballot Michigan's most reputable Universities, includ- The third bill in the Progressive Promise is access so more Americans can run for office; ing Wayne State, Okland, Saginaw Valley, the The Corporate Responsibility Act, which cuts and to authorize some public financing of con- University of Detroit, and the University of corporate welfare in the form of special sub- gressional elections to make it more affordable Michigan. He has also acted as a consulant sidies and tax loopholes of benefit to many of for more candidates to run regardless of per- for adult education classes co-sponsored by America's wealthiest corporations; to require sonal wealth. the United Auto Workers and both Ford Motor companies to internalize pollution clean-up The tenth bill in the Progressive Promise is Co. and Chrysler Corp. and other costs of production instead of con- The Public Interest Legislature Act, which Taking an active role in one's community is tinuing to foist them on the American taxpayer, strengthens financial disclosure requirements a responsibility we all share, but few fulfill. and to reform basic labor laws to restore col- and to prevent financial conflicts of interest in Ron Pollack has devoted himself to this task lective bargaining rights and balance in em- voting decisions by Members of Congress. through both professional and civil endeavors. ployer-employee relations. The eleventh bill in The Export American His commitment to education is second to The fourth bill in the Progressive Promise is Products, Not American Jobs Act, which elimi- none. Meanwhile, he also finds time to work Family Foundation Act, which will enable par- nates or limits special tax and trade incentives with many outside groups dedicated to improv- ents to get decent-paying, stable jobs in order and taxpayer-backed programs that reward ing individual lives. The Private Industry Coun- to afford child care and health care for their U.S.-based multinational corporations for pro- cil, the Metropolitan Detroit National Alliance families; to raise the minimum wage and index ducing offshore; no new fast-track and trade of Business and numerous other organizations it for inflation; to strengthen child support col- agreements without enforceable worker rights, have all benefited from Dr. Pollack's commit- lection; to abolish financial penalties for two- environmental, agricultural, and safety health ment to excellence. parent families; to protect the sanctity of the standards; to prohibit importing child and Education was not simply a job to Ron Pol- family and safeguard the health and well-being forced labor products; and to reduce U.S. lack, it was an avocation, He richly deserves of all our children; and to ensure that all Amer- trade deficit by eliminating unfair trade barriers all the best in retirement. He has been a good icans are well fed. to U.S. exports. friend for many years and I ask that my col- The fifth bill in the Progressive Promise is f leagues join me in offering heartfelt congratuations and a sincere thank you for a The American Homemakers and Caregivers PROTECT AMERICAN TAXPAYERS Act, which target IRA's and other savings in- job well done. centives on middle- and low-income Ameri- f cans; special provisions to extend generous HON. RON PACKARD IRA options to spouses who stay home to nur- OF CALIFORNIA RURAL COMMUNITY WASTEWATER ture children under 6 years of age, thus rec- IN THE HOUSE OF REPRESENTATIVES TREATMENT AFFORDABILITY ognizing the importance of parental child- Thursday, January 26, 1995 ACT OF 1994 rearing; to allow penalty-free IRA withdrawals Mr. PACKARD. Mr. Speaker, the stage is for home health care, education expenses, or set for Congress to get its fiscal house in HON. JIM CHAPMAN to start a small business; and targeted deduc- order. The American people demand it. The OF TEXAS tion for child care expenses. years of frivolous tax and spend policies are IN THE HOUSE OF REPRESENTATIVES The sixth bill in the Progressive Promise is over. Our mandate is clear. Passing the bal- Thursday, January 26, 1995 The National Economic Security Act, which anced budget tax limitation amendment will re- cuts the Pentagon and CIA budgets and star store fiscal sanity and accountability. Mr. CHAPMAN. Mr. Speaker, today I am wars spending in favor of shifting limited re- The voters elected us to defend their lib- pleased to introduce, along with original co- sources to meet domestic social needs and in- erties and their wallets by making Government sponsors, the Rural Community Wastewater vestments to strengthen the U.S. national smaller. The tax limitation balanced budget Treatment Affordability Act of 1995. HR 692. economy. amendment will keep the Federal spending This legislation, which I first introduced in the The seventh bill in the Progressive Promise beast under lock and key. It will force Con- 103rd Congress and was drafted with the as- is The Cradle-To-Grave Health Care Act, gress to balance the budget the right way. It sistance of the National Rural Water Associa- which require a vote on sense-of-the-Con- will force Congress to cut spending rather than tion and the Rural Community Assistance Pro- gress resolution against cuts in Social Secu- balance the budget on the backs of the Amer- gram, is designed to ensure that rural and dis- rity, Medicare, and Medicaid; to establish a ican taxpayer. advantaged communities have greater access state-based, single-payer health care plan that Our forefathers envisioned a Constitution to the Clean Water Act's state-revolving fund provides cost-effective, comprehensive and af- that serves the needs of the people, not the [SRF] program. fordable health care for all Americans, includ- needs of the Federal Government. America While the purpose of the SRF program is to ing long-term care and prescription drug cov- needs and wants a protaxpayer Constitution, assist localities in their efforts to modernize erage; and to stress disease prevention and not a protax Constitution. I urge my colleagues existing treatment works and construct new health promotion in our communities. to support the tax limitation. ones through a low-interest loan program, it The eighth bill in the Progressive Promise is f has fallen far short of this goal in rural com- The Job Creation and Invest in America Act, munities. One of the largest obstacles for rural which would create at least 1 million jobs in TRIBUTE TO DR. RONALD systems is that they can rarely finance 100% the United States in each of the next 2 years POLLACK loans, even at low interest rates, because they from $127.2 billion in new investment to re- have limited revenue generating capabilities build and upgrade America's physical infra- HON. DAVID E. BONIOR and cannot achieve economies of scale. structure and clean up the environment; to pay OF MICHIGAN It has become clear to me and many of my for these investments by closing tax loopholes IN THE HOUSE OF REPRESENTATIVES colleagues who represent rural communities for offshore production while rewarding U.S. that the federal government must take a more companies that invest, produce, and create Thursday, January 26, 1995 active role in assisting these communities with jobs in the United States; to require the Mr. BONIOR. Mr. Speaker, I rise today to their wastewater treatment infrastructure wealthiest U.S. corporations and citizens to pay tribute to Dr. Ronald Pollack. Ron is retir- needs. pay their fair share of taxes; and to establish ing after a lifetime of personal and profes- Mr. Speaker, my bill will make SRF loans a national commission to finds ways to en- sional devotion to public education. more affordable to small systems by allowing courage social investment of billions in pen- Ron began his career as a teacher and negative interest loan financing, extending the sion funds to meet domestic needs in Amer- counselor in the Detroit public schools. He is loan repayment period from 20 to 40 years ica. retiring as the director of the Department of and requiring that 1±2% of each state's SRF E 194 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1995 allocation be used to make grants to commu- surance premiums, my bill increases the per- A MATTER OF CHARACTER: THE nities for planning and predevelopment costs. centage of premium costs which can be de- VIEW FROM THE IRON RANGE In addition, the bill allows non-profit corpora- ducted by self-employed persons to 80 per- tions to be eligible for SRF funding, as they cent, effective with tax year 1995. This is simi- HON. JAMES L. OBERSTAR currently are under USDA's Rural Utility Serv- lar to the provision thoughtfully considered and ice's water and waste disposal program. Fi- passed by the Ways and Means Committee of OF MINNESOTA nally, the bill authorizes $15 million for rural the 103rd Congress. IN THE HOUSE OF REPRESENTATIVES water organizations technical assistance pro- With approximately 41 million medically un- Thursday, January 26, 1995 grams. This provision will allow organizations insured persons in the United States currently, Mr. OBERSTAR. Mr. Speaker, on January 4 like the Rural Water Association and the Rural measures which encourage working people to the House of Representatives welcomed its Community Assistance Program to provide provide for their health care coverage within new majority. The event marked a political hands-on, in-the-field, technical assistance to the private sector are essential. The particular sea-change in the leadership of the House. rural communities, thus, assisting these com- form of an individual's employment situation I would like to submit to you an editorial that munities in making the most efficient use of should not determine the tax treatment of ran in my hometown newspaper, the Chis- scarce resources. health care costs incurred as part of the cost holm, MN, Free Press, circulation 3,100. Its As reauthorization of the Clean Water Act is of doing business. Rather, as nearly as pos- publisher, Veda Ponikvar, holds the distinction deliberated this year, I look forward to working sible, parity of deductibility should be obtained of being the first woman newspaper publisher closely with my colleagues on the Transpor- within the tax code. in the State of Minnesota. I have known Veda tation and Infrastructure Committee to ensure In the interests of both fairness and sound all my life, and have always respected her in- that rural and disadvantaged communities are health care policy, I urge my colleagues to join sight, her wisdom and her articulate advocacy not left behind. me in support of H.R. 691. of the values we share as Minnesotans, and I urge my colleagues to cosponsor the Rural f Community Wastewater Treatment Afford- Americans. I commend to you, my colleagues, a view of ability Act and join me in assisting our nation's IN HONOR OF HUGO H. LANGE rural communities. Washington from Minnesota's Iron Range. f [From the Free Press, Jan. 10, 1995] HON. FRANK TEJEDA CHARACTER IS MORAL ORDER OF TEXAS A BILL TO AMEND THE INTERNAL The great hope of any society is individual REVENUE CODE OF 1986 IN THE HOUSE OF REPRESENTATIVES character. One must look into people as well Thursday, January 26, 1995 as at them for Character is the diamond that HON. BENJAMIN L. CARDIN scratches every other stone. OF MARYLAND Mr. TEJEDA. Mr. Speaker, seventy-eight Character is moral order seen through the IN THE HOUSE OF REPRESENTATIVES years ago a 28 year old farmer from medium of an individual nature. In Char- Floresville, Texas responded to the Nation's acter there is also unselfish leadership with Thursday, January 26, 1995 call for service during World War I. Corporal the stamp on our souls of the free choice of Mr. CARDIN. Mr. Speaker, today I am intro- Hugo H. Lange joined Company H, 328th In- good or evil we have made through life. ducing a bill to first restore, and then to infantry Regiment, 82nd Infantry Division of the Therefore, Character, like porcelain ware, must be printed before it is glazed. There can crease, the income tax deduction for health in- Army during the Saint Mihiel and Meuse-Ar- be no change after it is burned in. surance premiums paid by those who are self- gonne offensives in France. Corporal Lange's A SHINING, SPOTLESS EXAMPLE employed, at a rate of 25 percent for 1994, actions during the Meuse-Argonne offensive and 80 percent for 1995 and thereafter. earned him a Silver Star, the Nation's third The noblest contribution which any man or woman can make for the benefit of poster- Fully one-quarter of self-employed Ameri- highest decoration for battlefield heroism, and ity is that of a good character. The richest cansÐ3.1 million farmers and craftsmen, pro- a promotion to Sergeant. bequest of posterity is that of a good char- fessionals and small business proprietorsÐ Hugo Lange's citation reads, ``For Gallantry acter. The richest bequest which any man or have no health insurance. Compared to all in Action: Sergeant then Corporal Hugo H. woman can leave to the youth of their native other workers, the self-employed are one and Lange, Company H, 328th Infantry, distin- land is that of a shining, spotless example. a half times more likely to lack essential health guished himself during the severe fighting We have in the Congress of the United care coverage. west of Chatel Chehery, France on 8 October States a man in the personality of Newt As we search for methods to increase ac- 1918. Finding himself detached from his pla- Gingrich, who for over a decade has lived off of the American taxpayer. For the services cess to necessary medical services and re- toon, rallied and reorganized the men he could rendered, he also has enjoyed a host of perks, duce the crushing burdens of uncompensated find, amounting to half a platoon, and suc- including a very lucrative and all-inclusive care, which threaten the fiscal stability of both cessfully led them forward, this being the first health plan. He did little to institute some affected individuals and the entire health care detachment to reach the battalion objective. sort of national health bill that would lessen system, there can be no doubt that U.S. tax His aggressiveness, bravery and leadership the burdens and worries of the electorate. He code should encourage the self-employed to through out the Argonne offensive contributed now is the Speaker of the House, a position purchase health care insurance. Instead, cur- much to the success of his company.'' that most men earn by integrity, selfless rent regulations discriminate against the self- After Lange's death in 1935, his daughter, dedication, and humility. What a sick, ugly example he has set for employed and discourage the individual initia- Mrs. Evelyn Braden, discovered that the Army the Youth of this nation with his despicable tive that has always been a bedrock of the had never given her father the Medals of assessment of The First Lady, Hillary Clin- American economy. Valor. Through Mrs. Braden's efforts, the Army ton. In public as well as in private, those As part of the expense of employee com- has decided to honor Hugo Lange's heroism elected to office and entrusted with the re- pensation, businesses can deduct the full cost with a ceremony today at Fort Sam Houston sponsibilities of governing our nation, need of any health insurance provided to employ- in San Antonio, Texas. Lt. Gen. Marc to watch their language; be gentlemen and ees. Similar treatment of health care premium Cisneros, Commanding General of Fifth US gentle ladies at all times; and give to the na- costs has never been fully available to the Army and Fort Sam Houston, will present the tion a luster of excellence and propriety. That Mrs. Clinton and Mr. Gingrich are self-employed. And, unless we act quickly, the Silver Star Medal and the World War I victory poles apart politically has nothing to do loss of the limited deduction in effect during medalÐwith three campaign claspsÐto one of with proper manners and the decency to re- recent tax years will soon be keenly felt by the Hugo Lange's sons, Mr. Victor Lange, and to spect the highest office in the land. Mrs. self-employed. In order to provide consistent Mrs. Braden. Clinton is no neophyte in the area of govern- tax treatment of medical insurance expenses, I commend the family of Hugo Lange for ance. She is an accomplished attorney; has a my bill restores for 1994 the 25 percent de- their efforts to enhance and preserve their brilliant mind, and above all, a desire to duction that has enjoyed nearly a decade of family history. Fewer and fewer of today's make life a little easier for the poor, the strong bipartisan support. youth have firsthand experience of military sick, the aged, and the impoverished. The nation didn’t see one Newt Gingrich serving The availability of this deduction should not service. In addition, we are losing more and the homeless during the Thanksgiving Holi- only be renewed, it should be adjusted equi- more of our World War I and World War II vet- day. But Mrs. Clinton was there, serving tably. Because businesses, on average, con- erans. Their history, and the stories of their those less fortunate. She deserves an A for tributeÐand fully deduct as an expenseÐ80 struggles, need to be preserved and passed effort on many fronts. We cannot say the percent of the total cost of employee health in- on to all future generations. same for Mr. Gingrich. January 26, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 195 To his credit is The Contract which he Officers who were recently inducted to office. our neighborhoods at the local level and for waves around as if it were the saving for- The 1995 Officers are: the positive impression of our island that mula for the people of the United States. President: Mayor Francisco N. Lizama, Take a walk, Sir, across this beautiful land serves as an important attraction to our visitor of ours and see for your self how people Sinajana. industry. work, live and exist. They do with what they Vice President: Mayor Jose A. Rivera, They are instrumental in assisting the elder- have, which in many instances is very mea- Dededo. ly population on Guam. In fact, in several of ger. You now propose to look into the Social Secretary: Mayor Paul M. McDonald, Agana Heights. our municipalities the Mayor's Community Security and Medicare areas to soup up Center also serves as a senior citizens center. funds for your proposals that you feel must Treasurer: Vice Mayor Daniel E. Sablan, be enacted under The Contract. You won’t Sinajana. Because of their hard work and dedication, find the very rich and the affluent working Sergeant-At-Arms: Vice Mayor Joaquin G. my constituents are confident that if a need in the mines, the taconite plants, the forests, Topasna, Agat. arises the mayors will be there for them. After the farmlands, the fisheries, or the highways I would also like to recognize the mayors all the hard work these officials do, they are of this country. It will be an education, but who constitute the Mayors' Council: the first government representatives people strangely enough, those issues are not in The Contract. Mayor Felix F. Ungacta, Agana. turn to in times of disaster. In the aftermath of The Lady of Character and compassion is Mayor Paul M. McDonald, Agana Heights. the 1993 earthquake, the mayors were the inviting you to the White House for dinner. Mayor Antonio C. Babauta, Agat. people that were the first to respond to the You need to apologize to her, to the Presi- Vice Mayor Joaquin G. Topasna, Agat. need and the first to take on the responsibil- Mayor Vicente ‘‘Benny’’ L. San Nicolas, dent, and to the citizens of this nation, and ities to accomplish the necessary recovery for above all, to the young people, who have Asan-Maina. hopes and visions of, someday serving this Mayor Raymond S. Laguana, Barrigada. the island. Although they seldom get the rec- nation. Vice Mayor Jessie B. Palican, Barrigada. ognition they deserve, I would like to tell the As you continue your mission, Mr. Ging- Mayor Vicente S. San Nicolas, Chalan Nation and our island that their efforts are well rich, don’t take from the poor to make the Pago-Ordot. appreciated and also well recognized. rich richer. Take heed, that Character is the Mayor Jose A. Rivera, Dededo. I would also like to personally thank them product of daily, hourly actions and utter- Vice Mayor Doris S. Palacios, Dededo. ances; words and thoughts; daily Mayor Jesse L.G. Perez, Inarajan. for being wonderful and gracious hosts for me forgivenesses, unselfishness, kindnesses, Mayor Nonito ‘‘Nito’’ C. Blas, Mangilao. during my village meetings. It is their warm sympathies, charities, sacrifices for the good Mayor Ignacio ‘‘Buck’’ S. Cruz, Merizo. hospitality and cooperation that help to make of others, struggles against temptation, sub- Mayor Antonio D. Materne, Mongmong- residents of their villages feel welcome during missiveness under trial; and Humility, for Toto-Maite. our meetings. your good fortune to be Speaker of the House Mayor Isabel S. Haggard, Piti. It is a privilege to have such dedicated pub- in the greatest nation on earth. It is all Mayor Gregorio M. Borja, Santa Rita. these, like the blending colors in a painting, Mayor Francisco N. Lizama, Sinajana. lic servants serve the people of Guam at the or the blending notes of music which con- Vice Mayor Daniel E. Sablan, Sinajana. grassroots level. It takes a special person to stitute The Man. Mayor Vicente S. Taitague, Talofofo. serve the people of Guam as mayor in a high- f Mayor Alfredo C. Dungca, Tamuning- ly demanding job with many long hours, but Tumon. our mayors on Guam continue to serve our is- MAYORS’ COUNCIL OF GUAM 1995 Vice Mayor Teresita C. Borja, Tamuning- land with pride and distinction. OFFICERS Tumon. Mayor Jose T. Quinata, Umatac. Congratulations to the new 1995 Officers on Mayor Edward C. Artero, Yigo. their induction and much continued success to HON. ROBERT A. UNDERWOOD Mayor Vicente C. Bernardo, Yona. the Mayors' Council in this term. OF GUAM IN THE HOUSE OF REPRESENTATIVES These public officials are a vital link to the community in my home district on Guam. They Thursday, January 26, 1995 help to unite multiethnic groups within our Mr. UNDERWOOD. Mr. Speaker, today I communities. Among their many duties the commend the Mayors' Council of Guam 1995 mayors are responsible for the maintenance of Thursday, January 26, 1995

HIGHLIGHTS House passed balanced budget constitutional amendment resolution. Daily Digest Senate receive insufficient funding to carry out a Federal Chamber Action mandate. Pages S1558, S1568±71, S1576±82, S1583 Routine Proceedings, pages S1557–S1638 (4) Harkin Amendment No. 190, to express the Measures Introduced: Thirteen bills and two reso- sense of the Senate regarding the exclusion of Social lutions were introduced, as follows: S. 278–290, S.J. Security from calculations required under a balanced Res. 25, and S. Res. 74. Pages S1617±18 budget amendment to the Constitution. Measures Passed: Pages S1557, S1583±99 (5) By 83 yeas to 16 nays (Vote No. 51), Commemorating the 50th Anniversary of Lib- Kempthorne Amendment No. 196 (to Amendment eration of Auschwitz: Senate agreed to S. Res. 74, No. 190), to express the sense of the Senate that any commemorating the fiftieth anniversary of the libera- legislation required to implement a balanced budget tion of the Auschwitz death camp in Poland. amendment to the U.S. Constitution shall specifi- Pages S1601±04, S1631 cally prevent Social Security benefits from being re- Unfunded Mandates: Senate continued consider- duced or Social Security taxes from being increased ation of S. 1, to curb the practice of imposing un- to meet the balanced budget requirement. (By 44 funded Federal mandates on States and local govern- yeas to 56 nays (Vote No. 50), Senate earlier failed ments; to strengthen the partnership between the to table the amendment.) Pages S1557, S1583-91 Federal Government and State, local, and tribal gov- (6) Kempthorne Amendment No. 209, to provide ernments; to end the imposition, in the absence of an exemption for legislation that reauthorizes appro- full consideration by Congress, of Federal mandates priations and does not cause a net increase in direct on State, local, and tribal governments without ade- costs of mandates to States, local, and tribal govern- quate funding, in a manner that may displace other ments. Pages S1558, S1605±06 essential governmental priorities; and to ensure that (7) Glenn Amendment No. 225 (to Amendment the Federal Government pays the costs incurred by No. 209), to clarify how the provisions of the bill those governments in complying with certain re- will treat reauthorizations of existing laws that con- quirements under Federal statutes and regulations, tain mandates. Pages S1605±06 taking action on amendments proposed thereto, as (8) By a unanimous vote of 99 yeas (Vote No. follows: 53), Kassebaum Amendment No. 226 (to Amend- Pages S1557±58, S1564±71, S1573±S1601, S1604±14, S1636±38 ment No. 203), to ensure that the President fully Adopted: enforces laws against child pornography, child abuse, (1) Levin Modified Amendment No. 172, to pro- and child labor. Pages S1606±09, S1611 vide that title II, Regulatory Accountability and Re- (9) Boxer Amendment No. 203, to provide for the form, shall apply only after January 1, 1996. deterrence of child pornography, child abuse, and Pages S1557, S1571 child labor laws. Pages S1557, S1606±12 (2) Wellstone/Boxer Modified Amendment No. (10) By 93 yeas to 6 nays (Vote No. 56), Graham 204, to define the term ‘‘direct savings’’ as it relates Modified Amendment No. 184, to provide a budget to Federal mandates. Pages S1558, S1582±83 point of order if a bill, resolution, or amendment re- (3) By a unanimous vote of 100 yeas (Vote No. duces or eliminates funding for duties that are the 49), Byrd Modified Amendment No. 213, to provide constitutional responsibility of the Federal Govern- a reporting and review procedure for agencies that ment. Pages S1557, S1609±10, S1611, S1612±13 D 92 January 26, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 93 (11) Gramm Modified Amendment No. 215, to complying with certain requirements under Federal require that each conference report that includes any statutes and regulations. Page S1557 Federal mandate be accompanied by a report by the Glenn Amendment No. 197, to have the point of Director of the Congressional Budget Office on the order lie at only two stages: (1) against the bill or cost of the Federal mandate. Pages S1558, S1614 joint resolution, as amended, just before final pas- Rejected: sage, and (2) against the bill or joint resolution as (1) Boxer Amendment No. 201, to provide for recommended by conference, if different from the unreimbursed costs to States due to the imposition bill or joint resolution as passed by the Senate. of enforceable duties on the States regarding illegal Page S1557 immigrants or the Federal Government’s failure to Byrd Amendment No. 200, to provide a reporting fully enforce immigration laws. (By 58 yeas to 43 and review procedure for agencies that receive insuf- nays (Vote No. 47), Senate tabled the amendment.) ficient funding to carry out a Federal mandate. Pages S1557, S1564±67 Page S1557 (2) Boxer Amendment No. 223 (to Amendment Grassley Amendment No. 208, to require an af- No. 201), (The amendment fell when Amendment firmative vote of three-fifths of the Members to No. 201, listed above, was tabled.) waive the requirement of a published statement on Pages S1558, S1564±67 the direct costs of Federal mandates. Page S1558 (3) Lautenberg Amendment No. 199, to exclude Kempthorne Amendment No. 210, to make tech- from the application of the Act provisions limiting nical corrections. Page S1558 known human (Group A) carcinogens defined by the Kempthorne (for Dole) Amendment No. 211, to Environmental Protection Agency. (By 63 yeas to 36 make technical corrections. Page S1558 nays (Vote No. 48), Senate tabled the amendment.) Glenn Amendment No. 212, to clarify the base- Pages S1557, S1567±68 line for determining the direct costs of reauthorized (4) Harkin Amendment No. 224 (to Amendment or revised mandates, and to clarify that laws and reg- No. 190), to express the sense of the Senate regard- ulations that establish an enforceable duty may be ing the exclusion of Social Security from calculations considered mandates. Page S1558 required under a balanced budget amendment to the Constitution. (By 62 yeas to 38 nays (Vote No. 52), Gramm Amendment No. 216, to require an affirmative vote of three-fifths of the Members to Senate tabled the amendment.) Pages S1591±98 (5) Boxer Amendment No. 227 (to Amendment waive the requirement of a published statement on No. 203), to ensure that nothing in this Act threat- the direct costs of Federal mandates. Page S1558 ens child pornography, child abuse, and child labor Byrd Modified Amendment No. 217, to exclude laws. (By 53 yeas to 46 nays (Vote No. 54), Senate the application of a Federal intergovernmental man- tabled the amendment.) Pages S1607±09, S1612 date point of order to employer-related legislation. (6) Bingaman Modified Amendment No. 194, to Page S1558 establish an application to provisions relating to or Levin Amendment No. 218, in the nature of a administrated by independent regulatory agencies. substitute. Page S1558 (By 62 yeas to 37 nays (Vote No. 55), Senate tabled Levin Amendment No. 219, to establish that esti- the amendment.) Pages S1557, S1573±74, S1601, S1612 mates required on Federal intergovernmental man- Pending: dates shall be for no more than ten years beyond the Levin Amendment No. 174, to provide that if a effective date of the mandate. Page S1558 committee makes certain determinations, a point of Brown Amendment No. 220, to express the sense order will not lie. Page S1557 of the Senate that the appropriate committees should Levin Amendment No. 175, to provide for Senate review the implementation of the Act. Page S1558 hearings on title I, and to sunset title I in the year Brown/Hatch Amendment No. 221, to limit the 2002. Page S1557 restriction on judicial review. Page S1558 Levin Amendment No. 176, to clarify the scope Roth Amendment No. 222, to establish the effec- of the declaration that a mandate is ineffective. tive date of January 1, 1996, of Title I, and make Page S1557 it apply to measures reported, amendments and mo- Graham Amendment No. 189, to change the ef- tions offered, and conference reports. Page S1558 fective date. Page S1557 Withdrawn: Glenn Amendment No. 195, to end the practice Wellstone Amendment No. 205, to provide that of unfunded Federal mandates on States and local no point of order shall be raised where the appro- governments and to ensure the Federal Government priation of funds to the Congressional Budget Office, pays the costs incurred by those governments in in the estimation of the Senate Committee on the D 94 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1995 Budget, is insufficient to allow the Director to rea- Trade, and Robert K. Wilmouth, National Futures sonably carry out his responsibilities under this Act. Association, all of Chicago, Illinois; and Daniel Pages S1558, S1599 Rappaport, New York Mercantile Exchange, Bennett Murray Amendment No. 188, to require time J. Corn, Coffee, Sugar, and Cocoa Exchange, Inc., limitations for Congressional Budget Office esti- Peter F. Karpen, Futures Industry Association, and mates. Pages S1557, S1599±S1601 John R. Frawley, Jr., Managed Futures Association, A unanimous-consent time agreement was reached all of New York, New York. providing for further consideration of the bill and certain of the amendments pending thereto. HUD MANAGEMENT Pages S1575, S1637±38 Committee on Appropriations: Subcommittee on VA, A unanimous-consent agreement was reached pro- HUD, and Independent Agencies concluded hearings viding for the cloture vote scheduled to occur on to examine the management and budgetary situation Friday, January 27, to occur at 3 p.m. Page S1638 at the Department of Housing and Urban Develop- Senate will continue consideration of the bill and ment, after receiving testimony from Nancy M. Gor- amendments pending thereto, on Friday, January 27. don, Assistant Director for Health and Human Re- Appointments: sources, Congressional Budget Office; and Michael A. Stegman, Assistant Secretary of Housing and Commission on Security and Cooperation in Eu- Urban Development for Policy Development and Re- rope: The Chair, on behalf of the Vice President, search. pursuant to Public Law 94–304, as amended by Public Law 99–7, appointed Senator D’Amato to NORTH KOREA NUCLEAR AGREEMENT serve as Co-Chairman of the Commission on Security Committee on Armed Services: Committee concluded and Cooperation in Europe. Page S1614 hearings to examine the security implications of the Communications: Page S1617 United States Nuclear Non-Proliferation Agreement Statements on Introduced Bills: Pages S1618±30 with North Korea, after receiving testimony from William J. Perry, Secretary of Defense; Ashton B. Additional Cosponsors: Pages S1630±31 Carter, Under Secretary of Defense for International Amendments Submitted: Pages S1631±32 Security Policy; Gen. Gary E. Luck, USA, Com- Notices of Hearings: Page S1632 mander-in-Chief, United National Command, Re- public of Korea and the United States Forces, Korea; Authority for Committees: Pages S1632±33 Gary Milhollin, University of Wisconsin Law School, Additional Statements: Page S1633±36 Madison, on behalf of the Wisconsin Project on Nu- Record Votes: Ten record votes were taken today. clear Arms Control; and Leonard S. Spector, Carnegie (Total—56). Endowment for International Peace, and Richard V. Pages S1567, S1568, S1583, S1591, S1598, S1611, S1612±13 Allen, Richard V. Allen Company, both of Washing- ton, D.C. Recess: Senate convened at 9 a.m., and recessed at 11:47 p.m., until 9:30 a.m., on Friday, January 27, ECONOMIC OUTLOOK 1995. (For Senate’s program, see the remarks of the Committee on the Budget: Committee continued hear- Acting Majority Leader in today’s RECORD on page ings to examine the state of the United States econ- S1638.) omy and the budget outlook for fiscal years 1996–2000, receiving testimony from Alan Green- Committee Meetings span, Chairman, Board of Governors of the Federal Reserve System; Allan Meltzer, Carnegie Mellon (Committees not listed did not meet) University, Pittsburgh, Pennsylvania; Mickey D. Levy, NationsBanc Capital Markets, Inc., New York, COMMODITY FUTURES TRADING New York; and David Wyss, DRI/McGraw-Hill, COMMISSION Lexington, Massachusetts. Committee on Agriculture, Nutrition, and Forestry: Com- Committee will meet again tomorrow. mittee concluded hearings on S. 178, authorizing funds for fiscal years 1995–2000 for the Commodity AMTRAK Futures Trading Commission, after receiving testi- Committee on Commerce, Science, and Transportation: mony from Mary L. Schapiro, Chairman, Commodity Committee held oversight hearings on activities of Futures Trading Commission; John F. Sandner and the National Railroad Passenger Corporation (Am- William Brodsky, both of the Chicago Mercantile trak), receiving testimony from Senators Jeffords and Exchange, Patrick H. Arbor, Chicago Board of Cochran; Jolene M. Molitoris, Administrator, Federal January 26, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 95 Railroad Administration, Department of Transpor- ico and United States efforts to stabilize the peso, tation; Kenneth M. Mead, Director, Transportation after receiving testimony from Senator Hollings; Issues, Resources, Community, and Economic Devel- Warren M. Christopher, Secretary of State; Robert E. opment Division, General Accounting Office; Thom- Rubin, Secretary of the Treasury; Alan Greenspan, as Downs, President and Chairman, National Rail- Chairman, Board of Governors of the Federal Reserve road Passenger Corporation (Amtrak); former New System; Malcolm S. Forbes, Jr., Forbes Inc., and Jersey Governor James Florio, Trenton, on behalf of Lawrence Kudlow, National Review Magazine, both the Safe Transit and Rail Transportation (START); of New York, New York; and L. William Seidman, Mayor John Robert Smith, Meridian, Mississippi; Commercial Mortgage Asset Corp., and Sidney Jack Hynes, Missouri Highway and Transportation Weintraub, Center for Strategic and International Department, Jefferson City; and Ross Capon, Na- Studies, both of Washington, D.C. tional Association of Railroad Passengers, Washing- ton, D.C. CONGRESSIONAL TERM LIMITS Hearings were recessed subject to call. Committee on the Judiciary: Committee considered S.J. FEDERAL BUDGET OUTLOOK Res. 19 and S.J. Res. 21, measures proposing an Committee on Finance: Committee held hearings to ex- amendment to the Constitution of the United States amine the current budget situation for the Federal relative to limiting congressional terms, but did not Government, focusing on the impact of a constitu- take action thereon, and recessed subject to call. tional balanced budget amendment on those programs which fall under the committee’s jurisdiction, NEA receiving testimony from Robert D. Reischauer, Di- rector, Congressional Budget Office. Committee on Labor and Human Resources: Committee Hearings were recessed subject to call. concluded oversight hearings on activities of the Na- tional Endowment for the Arts, after receiving testi- MEXICO ECONOMY mony from Jane Alexander, Chairperson, National Committee on Foreign Relations: Committee concluded Endowment for the Arts. hearings to examine the economic situation in Mex- h House of Representatives provisions as the committee substitute described Chamber Action below except does not require a three-fifths vote to Bills Introduced: Twenty-six public bills, H.R. raise taxes (agreed to by a recorded vote of 293 ayes 691–716; one private bill, H.R. 717; and three reso- to 139 noes, Roll No. 49). Pages H753±70 lutions, H.J. Res. 64–65 and H. Res. 45, were intro- Earlier, agreed to the amendment in the nature of duced. Pages H802±03 a substitute recommended by the Committee on the Speaker Pro Tempore: Read a letter from the Judiciary (which pursuant to the rule did not prevail Speaker wherein he designates Representative Armey because the Schaefer substitute received the most af- to act as Speaker pro tempore for today. Page H693 firmative votes) that would have required the adop- Balanced Budget Amendment: By a recorded vote tion of a statement of receipts and outlays which are 300 ayes to 132 noes, Roll No. 51 (two-thirds of in balance; required the President to submit a bal- those present voting in favor), the House passed H.J. anced budget; required a three-fifths vote for deficit Res. 1, proposing a balanced budget amendment to spending, increases in the debt limit, and increases the Constitution of the United States. Pages H700±81 in tax revenues; and would have provided that a ma- By a recorded vote of 184 ayes to 247 noes, Roll jority of each House could waive the provisions in No. 50, rejected the Conyers motion to recommit case of war or a serious military threat as declared the joint resolution with instructions to report it by law (agreed to by a recorded vote of 253 ayes to back forthwith containing an amendment to exempt 173 noes, Roll No. 41). Pages H700±13 Social Security funds from total receipts and outlays Rejected: that must be balanced. Pages H770±72 The Owens amendment in the nature of a sub- Agreed to the Schaefer amendment in the nature stitute that sought to provide similar balanced budg- of a substitute that provides similar balanced budget et provisions as the committee substitute except it D 96 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1995 would have permitted Congress to waive the provi- Adjournment: Met at 9 a.m. and adjourned at sions by law any year for which the President noti- 10:44 p.m. fied Congress and Congress adopted a joint resolution affirming that the national unemployment rate Committee Meetings was projected to exceed four percent, and would not have required a supermajority to raise taxes (rejected FOREIGN OPERATIONS APPROPRIATIONS by a recorded vote of 64 ayes to 363 noes with 1 Committee on Appropriations: Subcommittee on Foreign voting ‘‘present’’, Roll No. 43); Pages H714±22 Operations, Export Finance, and Related Agencies The Wise amendment in the nature of a sub- held a hearing on Foreign Operations in an Era of stitute that sought to establish a separate capital Budget Reductions. Testimony was heard from the budget and require that the operating budget be following former Representatives: Mickey Edwards of balanced; exempt Social Security from budget cal- Oklahoma; and Matt McHugh of New York. culations; and permit Congress to waive the balanced budget provisions in times of war, military conflict, LABOR—HHS—EDUCATION or recession as declared by law (rejected by a re- APPROPRIATIONS corded vote of 138 ayes to 291 noes with 1 voting Committee on Appropriations: Subcommittee on Labor, ‘‘present’’, Roll No. 44); Pages H722±31 Health and Human Services, Education and Related The Watt of North Carolina motion that the Agencies continued appropriation hearings. Testi- Committee of the Whole rise and report the resolu- mony was heard from public witnesses. tion back to the House with the recommendation Hearings continue tomorrow. that the resolving clause be stricken (rejected by a RE-EXAMINING OLD ASSUMPTIONS recorded vote of 96 yeas to 331 noes with 1 voting ‘‘present’’, Roll No. 45); Pages H738±39 Committee on Economic and Educational Opportunities: The Conyers amendment in the nature of a sub- Subcommittee on Oversight and Investigations held stitute that sought to require the adoption of a state- a hearing on Re-examining Old Assumptions. Testi- ment of receipts and outlays which balanced; require mony was heard from the following former Secretar- the President to submit a balanced budget; exempt ies of Education: William J. Bennett and Lamar Al- Social Security from balanced budget calculations; exander; and Mario Cuomo, former Governor, State and provide that the constitutional amendment of New York. would not take effect until Congress adopted a spe- EVALUATING U.S. FOREIGN POLICY cific budget plan (rejected by a recorded vote of 112 Committee on International Relations: Concluded hear- ayes to 317 noes, Roll No. 46); Pages H731±41 The Watt motion that the Committee of the ings on Evaluating U.S. Foreign Policy, Part III. Whole rise and report the resolution back to the Testimony was heard from Warren M. Christopher, House with the recommendation that the resolving Secretary of State. clause be stricken (rejected by a recorded vote of 79 REGIONAL HOTSPOTS ayes to 342 noes, Roll No. 47); and Page H744 Committee on National Security: Met in executive ses- The Bonior amendment in the nature of a sub- sion to receive a briefing on regional hotspots. The stitute that sought to require that the budget be Committee was briefed by Christine Williams, balanced by fiscal year 2002; exempt Social Security Chairman, National Intelligence Council. from balanced budget calculations; and to not require supermajority votes for tax or debt limit in- OVERSIGHT creases (rejected by a recorded vote of 135 ayes to Committee on Resources: Held an oversight hearing on 296 noes, Roll No. 48). Pages H741±53 Federal efforts to introduce Canadian Gray Wolves Senate Messages: Messages received from the Senate into Yellowstone National Park and the Central today appear on page H693. Idaho Wilderness. Testimony was heard from Senator Amendments Ordered Printed: Amendments or- Thomas; Bruce Babbitt, Secretary of the Interior; dered printed pursuant to the rule appear on page JoAn Wood, member, House of Representatives, H803. State of Idaho; and public witnesses. Quorum Calls—Votes: One quorum call (Roll No. MISCELLANEOUS MEASURES 42) and ten recorded votes developed during the Committee on Resources: Subcommittee on National proceedings of the House today and appears on pages Parks, Forests and Lands approved for full Commit- H713, H721–22, H722, H731, H738–39, tee action the following bills: H.R. 531, amended, H740–41, H744, H753, H769–70, H771–72, and to designate the Great Western Scenic Trail as a H772. study trail under the National Trails System Act; January 26, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 97 H.R. 536, amended, to extend indefinitely the au- COMMITTEE MEETINGS FOR thority of the Secretary of the Interior to collect a FRIDAY, JANUARY 27, 1995 commercial operation fee in the Delaware Water Gap National Recreation Area; H.R. 517, Chacoan (Committee meetings are open unless otherwise indicated) Outliers Protection Act of 1995; H.R. 529, amend- Senate ed, to authorize the exchange of National Forest Sys- tem lands in the Targhee National Forest in Idaho Committee on the Budget, to hold hearings to examine for non-Federal lands within the forest in Wyoming; Government restructuring proposals, 9:30 a.m., SD–608. and H.R. 562, amended, to modify the boundaries House of Walnut Canyon National Monument in the State of Arizona. Committee on Appropriations, Subcommittee on Labor, Health and Human Services, Education and Related LINE-ITEM VETO ACT Agencies, on Public Witnesses, 10 a.m., 2358 Rayburn. Subcommittee on National Security, to mark up the Committee on Rules: Ordered reported amended, by a Defense supplemental for fiscal year 1995, 1 p.m., H–140 record vote of 9 to 4, H.R. 2, Line-Item Veto Act. Capitol. COMMITTEE SCHEDULING Committee on International Relations, to mark up H.R. 7, National Security Revitalization Act, 9:30 a.m., 2172 Committee on Rules: Ordered reported H. Res. 43, to Rayburn. amend clause 2(g)(3) of House rule XI to permit Committee on the Judiciary, to mark up the following committee chairman to schedule hearings. bills: H.R. 665, Victim Restitution Act of 1995; H.R. Subsequently, the Committee granted an open 666, Exclusionary Rule Reform Act of 1995; H.R. 667, rule providing for consideration of H. Res. 43 in the Violent Criminal Incarceration Act of 1995; and H.R. House as in the Committee of the Whole. 668, Criminal Alien Deportation Improvements Act of 1995, time to be announced, 2141 Rayburn. CAPITAL GAINS TAX REFORM AND Committee on National Security, hearing on H.R. 7, Na- INVESTMENT IN SMALL BUSINESS tional Security Revitalization Act, 10 a.m., 2118 Ray- burn. Committee on Small Business: Held a hearing on Cap- Committee on Small Business, hearing on Regulation—Pa- ital Gains Tax Reform and Investment in Small perwork Reduction Act, 10 a.m., 2359 Rayburn. Business. Testimony was heard from public wit- Committee on Ways and Means, Subcommittee on Health, nesses. hearing on the health insurance tax deduction for the self- employed, 12 p.m., 1310 Longworth. DISPOSITION OF ICC’S RAIL MERGER Subcommittee on Human Resources, to continue hear- AUTHORITY ings on H.R. 4, Personal Responsibility Act, 9 a.m., Committee on Transportation and Infrastructure: Sub- 1100 Longworth. committee on Railroads held a hearing on Disposi- Subcommittee on Oversight, hearing on Internal Reve- tion of the ICC’s Rail Merger Authority. Testimony nue Code section 1071 (the operation and administration was heard from Steven C. Sunshine, Deputy Assist- of the provision which allows the FCC to grant tax relief ant Attorney General, Antitrust Division, Depart- with respect to the sales of radio, television, and other properties under certain circumstances), 10 a.m., B–318 ment of Justice; Frank Kruesi, Assistant Secretary, Rayburn. Policy, Department of Transportation; Gail McDon- Permanent Select Committee on Intelligence, to mark up ald, Chairman, ICC; and public witnesses. H.R. 7, National Security Revitalization Act, 10 a.m., CONTRACT WITH AMERICA H–405 Capitol. Committee on Ways and Means: Continued hearings on JOINT MEETINGS the Contract With America, with emphasis on provi- Commission on Security and Cooperation in Europe, to hold sions designed to encourage savings and investment. hearings to examine the Administration’s position on Testimony was heard from Representative Smith of Russia’s military intervention in Chechnya, and its impli- Michigan; and public witnesses. cations for United States-Russian relations, 10 a.m., 2255 Hearings continue January 31. Rayburn Building. D 98 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, January 27 10 a.m., Friday, January 27

Senate Chamber House Chamber Program for Friday: Senate will resume consideration of Program for Friday: Continue consideration of H.R. 5, S. 1, Unfunded Mandates, with a cloture vote to occur Unfunded Mandates Reform. thereon at 3 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E182 Packard, Ron, Calif., E182, E193 Gillmor, Paul E., Ohio, E187 Pallone, Frank, Jr., N.J., E189 Barr, Bob, Ga., E186 Gunderson, Steve, Wis., E189 Payne, Donald M., N.J., E181, E191 Bonior, David E., Mich., E193 Hall, Ralph M., Tex., E186, E188, E190 Ramstad, Jim, Minn., E192 Cardin, Benjamin L., Md., E194 Hamilton, Lee H., Ind., E181 Rivers, Lynn N., Mich., E189 Chapman, Jim, Tex., E193 Harman, Jane, Calif., E189 Sanders, Bernard, Vt., E192 Davis, Thomas M., Va., E185, E192 Jacobs, Andrew, Jr., Ind., E180, E187 Schumer, Charles E., N.Y., E192 Dingell, John D., Mich., E183 Johnson, Nancy L., Conn., E191 Serrano, Jose´ E., N.Y., E181 Emerson, Bill, Mo., E190 Kennelly, Barbara B., Conn., E185 Skelton, Ike, Mo., E185 Engel, Eliot L., N.Y., E192 Kildee, Dale E., Mich., E186 Tauzin, W.J. (Billy), La., E179 Fawell, Harris W., Ill., E183 Lantos, Tom, Calif., E185 Tejeda, Frank, Tex., E194 Fields, Jack, Tex., E184 McInnis, Scott, Colo., E180 Thomas, William M., Calif., E182 Forbes, Michael P., N.Y., E186 Menendez, Robert, N.J., E186, E188 Towns, Edolphus, N.Y., E184 Frelinghuysen, Rodney P., N.J., E191 Mineta, Norman Y., Calif., E184 Underwood, Robert A., Guam, E195 Furse, Elizabeth, Ore., E190 Oberstar, James L., Minn., E187, E194

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